Bill No. 20-23 Ordinance Amending Chapter 6 & Replacing Article 14 Titled Rental Safety Verification Program

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accordance with Indiana Code 36-1-20-6. Penalties may be imposed as follows: 1) A$250.00 penalty per week for a rental unit that has not been inspected or certified. 2) A $300.00 penalty per week for a rental unit that has an expired certification, whether posted or not. 3) A $250.00 penalty for the removal of signage identifying the rental unit as not in compliance with the Rental Safety Verification Program (RSVP)may be imposed for each incident of removal. 4) A$500.00 penalty for the removal of a condemned notice from the rental unit may be imposed for each incident of removal. 5) A$500.00 penalty the first week of occupancy in a condemned structure. After the first week,the penalty doubles each week thereafter until a maximum of$7,500.00 per week. 6) A penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day may be imposed for failure to comply with a stop work order. e) The fees and penalties imposed under this section shall be enforced through the City's Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend Municipal Code, with all due process or appeal rights as afforded thereunder, and do not prohibit or restrict the enforcement for violations under other applicable ordinances, state or federal laws. 0 Penalties and fees received from the Rental Safety Verification Program shall be deposited into the Rental Units Regulation Fund, Fund No. 221, as that fund is further detailed in Chapter 2, Article 14, Section 2-169.5. 1) Acts of God or other conditions beyond the control of the property owner or caused by the tenant's negligent, wrongful or malicious acts or omissions will not qualify for short-term relocation assistance. g) Penalties under this section will be imposed pursuant to Indiana Code § 36-1-20-6(b). h) If the owner of record fails to pay penalties, fees, costs and expenses,the Department may pursue collections against the person and against the property as allowed by law,including in the same manner as prescribed under Indiana Code § 36-1-6-2, Indiana Code § 36-7-9- 13 and Indiana Code § 36-7-9-13.5 except that amounts collected shall be deposited and used according to Rental Units Regulation Fund. Sec. 6-87. Monitoring progress. a) The Department will review this Article at least biennially, providing adequate time for implementation of the process, to determine if processes are effective and assisting the program in meeting anticipated goals. Updates may be provided by written report or presentation to Common Council, through a committee or full Council, no more often than on an annual basis.