Substitute Bill 12-16 Proposed Landlord Registration Program

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Ordinance Addressing Landlord Registration Program Page 5 (b) Failure to register as required by Section 6 -42 of the South Bend Municipal Code is subject to a civil penalty of five hundred dollars ($500.00) for each rental unit or rental unit community in violation. (c) Submitting an incomplete registration form is subject to a civil penalty of one hundred dollars ($100.00). (d) Providing any false, material misrepresentation or false statement on each filing of a registration form required in Section 6 -42 is subject to a civil penalty of one thousand dollars ($1,000.00) for the first offense. Any subsequent offenses will be referred to the St. Joseph County Prosecutor's Office for appropriate action.6 (e) Failure to update the registration within thirty (30) days of a change in ownership and /or registration information, as required by Section 6 -42 of the South Bend Municipal Code, is subject to a civil penalty of three hundred dollars ($300.00). (f) Failure to renew the registration as required by Section 6 -42 of the South Bend Municipal Code is subject to a civil penalty of three hundred dollars ($300.00). (g) Civil penalties paid in response to violating this Article shall be deposited into the Landlord Registration Fund, Fund No. 221. Such civil penalty monies shall be kept segregated from fees deposited into this fund for accounting purposes, and shall be subject to appropriation by the South Bend Common Council for the replacement of curbs and /or sidewalks which may be located contiguous to a property registered under this program. Location determination shall be based on a public safety priority need basis, as determined by the City's Department of Public Works Director. (h) The penalties allowed under subsections (a) through (f) of this section may not be imposed until after: (1) A notice of violation has been issued to the owner or landlord or the owner's or landlord's designee by personal service or by First Class United States Mail, Postage Prepaid and/or United States Certified Mail, Return Receipt. (2) Passage of thirty (30) days from receipt of the notice based upon First Class United States Mail, Postage Prepaid and/or United States Certified Mail, Return Receipt, which must be stated in the notice for the violation to be cured; and (3) Failure of the owner or landlord or the owner's or landlord's designee to cure the violation within the time stated in the notice. Sec. 6 -45 Performance Measures and Reporting. As part of the annual report, the Department of Code Enforcement shall measure the success of the Landlord Registration Program using the following performance measures, which may be supplemented with additional performance measures: I Indiana Code § 35- 43 -5 -2 sets forth state regulations addressing application fraud.