11211-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department

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(a) The suspension or revocation of any registration, or the refusal to issue any registration under this Code shall be for just cause after notice and opportunity for hearing, pursuant to the provisions of Section 4-16 of this Code. (b) A registration issued under this Chapter may be suspended or revoked by the Building Commissioner if it is determined that the holder of a registration has been convicted of any of the following offenses, violations, or crimes, within the five- year disqualification period as defined by Subsection(d) below: i. Altering historic property: IC 35-43-1-3.5 ii. Arson: IC 35-43-1-1 iii. Battery: IC 35-42-2-1 iv. Bribery: IC 35-44.1-1-2 v. Burglary: IC 35-43-2-1 vi. Counterfeiting: IC 35-43-5-2 vii. Unlawful handling of hazardous waste: IC 13-30-10-1.5 viii. Counterfeiting: IC 35-43-5-2 ix. Forgery: IC 3 5-43-5-2 x. Fraud: IC 35-43-5-4 ( xi. Identity deception: IC 35-43-5-3.5 xii. Impersonation: IC 3 5-44.1-2-6 xiii. Official misconduct: IC 35-44.1-1-1 xiv. Corrupt business influence: IC 35-45-6-2 xv. Tampering with water supply: IC 35-43-1-2.5 xvi. Terrorism: IC 35-47-12-1 xvii. Theft: IC 35-43-4-2 (c) Said conviction notwithstanding, before the Building Commissioner may issue a suspension or revocation under this Section, the following shall be considered: (1) The nature and seriousness of the crime for which the individual was convicted; (2) The passage of time since the commission of the crime; (3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and (4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation. (d) If an individual has a disqualifying conviction, the period of disqualification may not exceed five (5) years after the date of the conviction or release from incarceration, whichever is later, unless the individual: (1) was convicted of a crime of violence (as defined by IC 35-50-1-2(a)); (2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or (3) is convicted of a second or subsequent crime during the disqualification period. ARTICLE 3. DEVELOPMENT DESIGN REVIEW Page 17 of 31