Chapter 8.40
REGISTRATION OF RESIDENTIAL RENTAL BUILDINGS
Sections:
8.40.004 Residential rental building registration required.
8.40.005 Registration transfer.
8.40.007 Penalties for violation.
8.40.001 Title.
This chapter and the entire contents thereof, as amended, shall be commonly known as the “Registration of Residential Rental Buildings” in the City of Evansville, Indiana. [Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.002 Application.
(A) This chapter shall not apply to the following:
(1) An owner-occupied single-family residence and one additional single-family residence owned by that same owner.
(2) An owner-occupied duplex residence.
(3) A single-family residence or duplex owned by a trust where the beneficiary of the trust occupies the residence or duplex.
(B) Except for premises defined in subsection (A) of this section, this chapter shall apply to all residential rental buildings made available for rent or lease in the City. [Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.003 Definitions.
(A) Generally. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Building” means any residential structure, dwelling unit or accessory building in excess of 20 square feet which is built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind and which is affixed to the land, including mobile homes and trailers.
“Building Commission” means the Evansville-Vanderburgh Building Commission.
“City” means the City of Evansville, Indiana, or, as appropriate, its employees, officers, agents, consultants, or contractors acting under and within the scope of authority of the City to carry out and enforce the provisions of this code.
“Dwelling unit” means a group of rooms or a room occupied or intended for occupancy as separate living quarters, and may encompass permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Lease” means offering a building or dwelling unit for use or occupation for a definite period of time in exchange for remuneration, whether it be for money, property, or any other form of payment.
“Municipal code” means the Code of Ordinances of the City of Evansville, Indiana.
“Operator” means any person who has charge, care or control of premises on which buildings or dwelling units are rented.
“Owner” means any person who, alone, jointly or severally with others, shall have title to any building or dwelling unit with or without accompanying actual possession thereof.
“Person” means any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit.
“Premises” means the lot, plot or parcel of land, including the buildings, structures, and dwelling units thereon.
“Property agent” means a person, operator, firm, partnership, corporation, or other legal entity designated by the owner to manage a residential rental building, including the authority to receive notices or citations.
“Rent or rental” means offering a building or dwelling for use or occupation in exchange for remuneration, whether it is for money, property, or any other form of payment, and is typically for a relatively short period of time that is automatically renewed periodically.
“Rental unit community” means one or more parcels of contiguous real property upon which are located one or more structures containing rental units, if the combined total of all rental units in all of the structures is five or more rental units and the rental units are not occupied solely by the owner or the owner’s family.
“Residential rental building” means any residential building within the City containing one or more dwelling units held or intended to be held for rent or lease.
“Tenant” means an occupant of a residential rental building.
(B) Meaning of Certain Words. Whenever the words “building,” “accessory building,” “dwelling unit,” “premises, “and “property” are used in this code, they shall be construed as though they were followed by the words “or any part thereof.” [Ord. G-2014-29 § 1, passed 11-21-14; Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.004 Residential rental building registration required.
(A) Only one registration shall be required of each owner, regardless of the number of residential rental dwellings owned by such owner in the City.
(B) By May 10, 2015, and between the 60-day period of March 11th and May 10th each year thereafter (the “registration period”), each owner of one or more residential rental building(s) or property agent of such owner must register with the Building Commission. Registration shall be effective from May 10th of the year of registration until May 9th of the subsequent year (the “registration fiscal year”). The Building Commission shall charge a fee of $5.00 for each separate parcel of property registered and for each annual renewal of registration of each separate parcel of property, except one registration fee covers all the rental units in a rental unit community. Fees shall not exceed $100.00 per owner per registration fiscal year. As required by IC 36-1-20-3, all fees generated under this section shall be maintained in a special fund and as a separate line item dedicated solely to reimbursing the costs incurred by the Building Commission in connection with the administration of this chapter. Any person becoming an owner of one or more residential rental building(s) and not having a residential rental building registration must register within 30 calendar days from the date of becoming such an owner, with such registration being valid until the expiration of the current registration fiscal year. Any owner of one or more residential rental building(s) who becomes an owner of an additional residential rental building must amend the owner’s registration within 30 calendar days from obtaining ownership by adding the additional residential rental building(s) to the registration. The registration shall list:
(1) The full legal name, post office address, e-mail address and telephone number of each owner, if an individual, corporation, partnership, limited liability company or other form of business entity, and if a unit of local, State, or Federal government, the name, post office address, e-mail address and telephone number of its chief executive officer or other official responsible for operation of its residential rental building(s).
(2) The full legal name, post office address, e-mail address, work telephone number, emergency contact number and any work cellular phone number of the property agent, manager or any other person or business entity under whose management or supervision the residential rental building(s) of the owner(s) will be operated.
(3) The address of each residential rental building owned by the owner(s) named in the registration.
(4) The number of dwelling units in each residential rental building registered and the property tax code(s) associated with each residential rental building. [Ord. G-2014-29 §§ 2 – 4, passed 11-21-14; Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.005 Registration transfer.
Each RRB registration shall be issued only for the residential rental building(s) and the owner named in the registration and shall not be transferable or assignable in any manner. [Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.006 Forms.
The Building Commission is authorized to adopt such forms as are deemed necessary to disclose the information required under EMC 8.40.004. [Ord. G-2014-29 § 5, passed 11-21-14; Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.007 Penalties for violation.
Any person who shall violate any provision of this chapter shall be subject to a civil penalty of $100.00 for each violation. Each day that such violation continues shall constitute a separate violation. Any person who fraudulently files or falsely registers a residential rental building or who fraudulently or maliciously enters or alters information regarding a residential rental building shall be subject to a $1,000 fine for each violation. [Ord. G-2014-29 § 6, 11-21-14; Ord. G-2013-3 § 1, passed 2-28-13.]
8.40.008 Validity.
In the event any section, part or provision of this chapter shall be held unconstitutional or invalid by any court, such holding shall not affect the validity of this chapter or any remaining part of this chapter, other than the part held unconstitutional or invalid. [Ord. G-2013-3 § 1, passed 2-28-13.]