HomeMy WebLinkAboutBill No. 14-23 Ordinance To Require Landlords & Tenants to Participate in Bed Bug Remediation Filed in Clerk's Office
MAR 0 8 2023
BILL NO. 14-23 DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94
THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO
PARTICIPATE IN BED BUG REMEDIATION.
STATEMENT OF PURPOSE AND INTENT
Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not
one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty
of habitability. The Indiana General Assembly has considered bills specifically providing for bed
bug remediation in the 2021 session and currently in the 2023 session. Although these bills have
not passed in the General Assembly, the South Bend Common Council believes that it is in the
best interests of city residents to have the such protection. This ordinance, based on bills that
have been addressed in the General Assembly requires a tenant to inform the landlord if the
tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have
dwelling units inspected by a qualified inspector. After receipt of an inspection report, the
landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to
begin reasonable measures to treat the bed bug presence. The ordinance also establishes
responsibilities for the tenant and landlord concerning notice, access, and costs.
NOW,THEREFORE,BE IT ORDAINED BY THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added
to of the South Bend Municipal Code and the Article is hereby amended to read in its
entirety as follows:
SECTION I. Article 15.Bed Bug Remediation
Sec.6-94.As used in this article,"bed bug"means the common
bed bug,or cimex lectularius.
Sec. 6-95. As used in this article "contiguous dwelling unit"
means a dwelling unit that is contiguous with another dwelling
unit,both of which units are owned,managed,leased,or subleased
by the same landlord.
Sec. 6-96. As used in this article, "dwelling unit" means a
structure or the part of a structure that is used as a home,
residence,or sleeping place by a tenant.
Sec.6-97.As used in this article"electronic notice"means notice
by electronic mail or an electronic portal or management
communications system that is available to both a landlord and a
tenant.
Sec.6-98.As used in this article,"landlord"means the owner,
manager,lessor,or sublessor of a residential premises.
Sec.6-99.As used in this article,"pest control applicator"means
a:
(1)licensed applicator for hire(as defined by IC 15-16-5-16);
or
(2)registered technician(as defined by IC 15-16-5-33).
Sec.6-100.As used in this article,"qualified inspector"means a:
(1)local health department official;
(2)licensed pest inspector(as defined by IC 15-16-5-18);or
(3) scent detection canine team that holds a current,
independent,third-patycertification under the guidelines for
minimum standards for canine bed bug detection team
certification established by the National Pest Management
Association or its successor organization;
who is retained by a landlord to conduct an inspection for bed
bugs.
Sec.6-101.As used in this article,"tenant"means a person entitled
under a rental agreement to occupy a dwelling unit to the exclusion
of others.
Sec.6-102.(a)A tenant shall promptly notify the tenant's landlord
by written or electronic notice when the tenant knows or
reasonably suspects that the tenant's dwelling unit contains bed
bugs.A tenant who gives a landlord electronic notice concerning
potential bed bugs shall send the notice only to the electronic mail
address,telephone number,or electronic portal specified by the
landlord in the rental agreement for communications.However,if
there is not a provision specifying communications in the rental
agreement,the tenant shall communicate with the landlord in a
manner that the landlord has previously used to communicate with
the tenant.The tenant shall retain sufficient proof of the delivery
of the electronic notice.
(b)Not more than ninety-six(96)hours after receiving notice of
the presence of bed bugs or the possible presence of bed bugs,a
landlord,after providing notice to the tenant as required under
section 6-104 of this article:
(1) shall obtain an inspection of the dwelling unit by a
qualified inspector; and
(2)may enter the dwelling unit or any contiguous dwelling
unit for the purpose of allowing the inspection as provided in
section 6-105 of this article.
(c)If the inspection of a dwelling unit confums the presence of
bed bugs,the landlord shall have an inspection of all contiguous
dwelling units performed as promptly as is reasonably practical.
Sec.6-103.(a)If a landlord obtains an inspection for bed bugs,the
landlord must provide written notice to the tenant within two(2)
business days after receiving the inspection report indicating
whether the dwelling unit contains bed bugs.
(b)If a qualified inspector conducting an inspection determines
that neither the dwelling unit nor any contiguous dwelling unit
contains bed bugs, the notice provided by the landlord under
subsection(a)must inform the tenant that if the tenant remains
concerned that the dwelling unit contains bed bugs,the tenant may
contact the local health department to report any concerns.
(c)If a qualified inspector conducting an inspection determines
that a dwelling unit or any contiguous dwelling unit contains bed
bugs in any stage of the life cycle, the qualified inspector shall
provide an inspection report to the landlord within twenty-four
(24)hours of completing the inspection. Not more than five(5)
business days after receiving an inspection report that indicates the
presence of bed bugs, the landlord shall begin reasonable
measures,as determined by the qualified inspector,to effectively
treat the bed bug presence,including retaining the services of a
pest control applicator to treat the dwelling unit and any
contiguous dwelling unit.
(d)Except provided in section6-104(c)of this article,a landlord
is responsible for all costs associated with an inspection for,and
treatment of,bed bugs.
(e)Nothing in this section prohibits a tenant from contacting
any governmental agency at any time concerning the presence of
bed bugs.
Sec. 6-104. (a) If a landlord, qualified inspector, or pest control
applicator must enter a dwelling unit for the purpose of conducting
an inspection for, or treating the presence of, bed bugs, the
landlord shall provide the tenant reasonable written or electronic
notice of the fact at least forty-eight(48)hours before the landlord,
qualified inspector,or pest control applicator attempts to enter the
dwelling unit,unless a rental agreement provides for a different
minimum time for the notice.A tenant who receives the notice may
not unreasonably deny the landlord,qualified inspector,or pest
control applicator access to the dwelling unit.
(b)A tenant may waive the notice requirement described in
subsection(a)of this section.
Sec.6-105.(a)A qualified inspector who is inspecting a dwelling
unit for bed bugs may conduct an initial visual and manual
inspection of a tenant's bedding and upholstered furniture. The
qualified inspector may inspect items other than bedding and
upholstered furniture when the qualified inspector determines that
an inspection is necessary and reasonable.
(b)If a qualified inspector fmds bed bugs in a dwelling unit or
in any contiguous dwelling unit,the qualified inspector may have
additional access to the tenant's personal belongings as the
qualified inspector determines is necessary and reasonable.
(c)A tenant must comply with reasonable measures to permit
the inspection for,and the treatment of,the presence of bed bugs
as determined by the qualified inspector.The tenant is responsible
for all costs associated with preparing the tenant's dwelling unit for
inspection and treatment. A tenant who knowingly and
unreasonably fails to comply with the inspection and treatment
requirements described in this chapter is liable for the cost of any
bed bug treatments of the dwelling unit and contiguous dwelling
units if the need for the treatment of bed bugs arises from the
tenant's noncompliance.
(d)If any furniture,clothing,equipment,or personal property
belonging to a tenant is found to contain bed bugs,the qualified
inspector shall advise the tenant that the furniture, clothing,
equipment,or personal property should not be removed from the
dwelling unit until a pest control applicator determines that a bed
bug treatment has been completed.The tenant may not dispose of
personal property that was determined to contain bed bugs in any
common area where the disposal may risk the infestation of other
dwelling units.
(e) Nothing in this section requires a landlord to provide a
tenant with alternative lodging or to pay to replace a tenant's
personal property.
(f)Nothing in this section preempts or restricts the application
of any state or federal law concerning reasonable accommodations
for persons with disabilities.
Sec.6-106. (a)A landlord may not offer for rent a dwelling unit
that the landlord knows or reasonably suspects to contain bed
bugs. Upon request from a prospective tenant, a landlord shall
disclose to the prospective tenant whether, to the landlord's
knowledge,the dwelling unit that the landlord is offering for rent
contained bed bugs within the previous eight(8)months.
(b) Upon request from a tenant or a prospective tenant, a
landlord shall disclose the last date,if any,on which a dwelling unit
being rented or offered for rent was inspected for,and found to be
free of,bed bugs.
Sec.6-107.(a)A landlord who fails to comply with this article is
liable to the tenant for the tenant's actual damages.
(b)A landlord may file an action in a circuit or superior court
in the county where the dwelling unit is located to obtain injunctive
relief against a tenant who:
(1)refuses to provide reasonable access to a dwelling unit;or
(2)fails to comply with a reasonable request for inspection or
treatment of a dwelling unit.
(c) If a court finds that a tenant has unreasonably failed to
comply with any of the requirements in this article,the court may
issue a temporary order to carry out the requirements in this
article,including:
(1)granting the landlord access to the dwelling unit;
(2) granting the landlord the right to engage in bed bug
inspection and treatment measures in the dwelling unit;and
(3) requiring the tenant to comply with specific bed bug
inspection and treatment measures or assessing the tenant
with costs and damages related to the tenant's noncompliance.
(d)A court order granting a landlord access to a dwelling unit
must be served upon the tenant at least twenty-four(24) hours
before a landlord,qualified inspector,or pest control applicator
enters the dwelling unit.
(e) The remedies in this section are in addition to any other
remedies available at law or in equity to any person.
(f)This section does not limit or restrict the authority of any
state or local housing agency or health department.
Sec.6-108.A landlord who complies with this chapter is considered
to have satisfied the requirements of habitability of the dwelling
with respect to matters concerning bed bugs.
Section II. Severability.
If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any
reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section III. Effective Date.
This ordinance shall be in full force and effect from and after its passage by the Common Council
and approval by the Mayor.
Sharon McBride, Council President
South Bend Common Council
Attest:
Dawn M. Jones, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2023, at
o'clock . m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2023, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
MAR 0 8 2023
LSOUTDA N N;.JONES
CIN CLERK,
H ,IJN