Chapter 15.16
REGISTRATION OF RENTAL DWELLINGS
Sections:
15.16.040 Required registration of substandard rental.
15.16.050 Voluntary registration of rental dwellings.
15.16.060 Registration permit.
15.16.070 Advisory board on property maintenance.
15.16.080 Duties and responsibilities.
15.16.110 Governing regulations of the Advisory Board.
15.16.010 Definitions.
(A) Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the following meanings:
“Building” means any structure occupied or intended for supporting or sheltering any occupancy and any accessory building in excess of 20 square feet.
“Building Commissioner” means the official who is charged with the administration of this code, head of the Department of Buildings and appointed by the Mayor or his designees.
“Code Official” means the officials who are charged with the administration and enforcement of this chapter, or any duly authorized representative.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Owner” means any person or other entity holding or entitled to an interest in the premises, legal, equitable or leasehold, excluding, however, a mortgagee or other lien holder; land trust trustee; and the seller under the terms of a land contract (but only if the City has been notified of the identity of the purchaser or purchasers or the land contract has been recorded in the office of the Recorder of Vanderburgh County, Indiana).
“Owner’s agent” is a person or other entity that represents a building owner and is authorized to receive notification of complaints, damages, emergencies, substandard conditions or other communications, including service of process. The address of any agent so designated shall be within Vanderburgh County or a contiguous county located within the State of Indiana.
“Person” means an individual, firm, limited liability company, corporation, partnership, association, fiduciary, or any other legal entity recognized under the laws of the State of Indiana.
“Person in control” means an individual who is an owner, tenant, representative of the owner, manager hired by the owner, or such other person who has a present possessory interest in the property.
“Property maintenance code” is the provisions of Chapter 15.15 EMC.
“Rental dwelling” is real estate wherein the owner receives payment by another for use or occupation of a dwelling unit.
“Substandard building” is a building where an owner or owner’s agent has been nonresponsive to requests from the Building Commission to remedy violations of Chapter 15.15 EMC, Property Maintenance Code.
“Tenant” means a person or group of persons, whether or not the legal owner of record, occupying a building or portion thereof as a unit. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.020 Notice.
(A) For any building found to be in violation of the property maintenance code, the Code Official may issue a notice to the owner or owner’s agent giving the owner or owner’s agent not less than 10 calendar days, or a reasonable amount of time approved by the Building Commissioner, notice to correct the violation of the property maintenance code. If applicable, said notice shall also state that, if violations are not corrected within the 10 days or a reasonable amount of time approved by the Building Commissioner, the Building Commission may undertake action to require the owner or owner’s agent to register the building as a substandard rental dwelling.
(B) Any notices to be given hereunder shall be deemed sufficiently given when placed in an envelope directed to the person to be notified at the owner’s or owner’s agent’s address and deposited in a United States Post Office mailbox, postage prepaid. Such postal notice shall be by regular first class mail and by certified mail, return receipt requested. Should said return show that the person to be notified has refused delivery of such certified letter or that such certified letter was unclaimed by the addressee, this refusal or failure to claim such letter shall constitute sufficient service hereunder. In addition, such notice shall be posted at the property.
(C) An owner who receives a notice of being required to register a rental dwelling as a substandard rental dwelling may appeal said notice in writing to the Building Commission. Said appeal may be filed in person with the Building Commission or by certified mail. Said appeal must be received by the Building Commission on or before the tenth calendar day after which the notice is served in subsection (B) of this section.
(D) No section of this code shall prevent the Building Commission from executing emergency action as set forth in IC 36-7-9-9. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.030 Inspection.
(A) Each rental dwelling and premises within the City that is registered in accordance with this chapter is subject to inspection by the Code Official.
(B) The Evansville Board of Public Safety is authorized to establish a reasonable fee schedule to cover the actual cost of inspections, including labor costs. The fee schedule may be amended from time to time to reflect changes in the cost of inspections. Where multiple inspections are required to assure that violations of the property maintenance code are corrected, separate fees may be charged for each re-inspection.
(C) Inspections may be performed at the discretion of the Code Official or in those instances where the Code Official has probable cause to believe there is noncompliance with the provisions of the property maintenance code based either upon visual observation of the property; the personal knowledge of the Code Official; or upon the written complaint of any resident of the City, any governmental agency, the dwelling unit’s tenant, the tenant’s legal representative, the owner, or the owner’s agent.
(D) The Code Official is authorized to enter dwelling units or premises at reasonable times to inspect subject to permission by the owner, or the person in control of the premises, and constitutional restrictions on unreasonable searches and seizures. If a Code Official is denied entry to any building or the premises after a request is made, said Code Official may obtain an administrative search warrant or other authorization from a court of law to enter the premises and conduct the necessary and authorized search. Such search warrant shall be requested from a court upon the submission of any photographs obtained from public property or neighboring property, an affidavit supporting a reason to believe a violation exists of the property maintenance code, and/or any other supporting evidence justifying the issuance of the search warrant in compliance with Fourth Amendment requirements. If an owner, tenant or other person in control of the property voluntarily allows entry into the property, no such warrant shall be necessary. The inspection shall be limited to areas and purposes authorized by the person in control of the premises or the administrative search warrant. This chapter shall not be construed to require or authorize inspections where there is no cause to believe a violation exists.
(E) No inspection fee shall be charged in the following circumstances:
(1) If upon inspection by the Code Official insufficient evidence is found of violations of the property maintenance code.
(2) If the building is voluntarily registered in accordance with EMC 15.16.050 and the owner or owner’s agent correct the cited violations within 10 days or a reasonable amount of time approved by the Building Commissioner. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.040 Required registration of substandard rental.
(A) Each substandard building located within the City used for the purpose of erecting or maintaining a rental dwelling thereon is required to be registered with the Building Commission. The registration shall be affected by paying the fee in EMC 15.16.999 and furnishing to the Building Commission, upon a form furnished by the Building Commission, the following information:
(1) Name of owner;
(2) Address of owner;
(3) Street address of owner;
(4) Telephone number where owner can be reached in an emergency;
(5) If an owner is a business entity other than an individual, the names, addresses and telephone numbers of corporation officers, partners, members and managers as applicable to the form of organization;
(6) If the owner is not a resident of Vanderburgh County, Indiana, or a State of Indiana county contiguous with Vanderburgh County, the name, address, and telephone number of owner’s agent authorized to receive notification of complaints, damages, emergencies, substandard conditions or other communications, including service of process. The address of any agent so designated shall be within Vanderburgh or a contiguous county located within the State of Indiana;
(7) Brief description of type and number of rental units.
(B) Any owner who does not reside in Vanderburgh County, Indiana, or a State of Indiana contiguous county shall be required to designate an owner’s agent that resides in Vanderburgh County, Indiana, or a State of Indiana contiguous county.
(C) The registration form shall be signed by the owner or the owner’s agent.
(D) Whenever ownership of a building containing a registered rental dwelling changes, the new owner shall have the responsibility to report the change in ownership to the department within 30 days of the change of ownership. Previously issued registrations shall automatically expire 30 days following transfer of the legal title to a property. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.050 Voluntary registration of rental dwellings.
(A) Each well-maintained building with no known outstanding violations of the property maintenance code that is used for the purpose of erecting or maintaining a rental dwelling thereon may register with the Building Commission. The voluntary registration shall be applied for by paying the fee in EMC 15.16.999 and furnishing to the Building Commission, upon a form furnished by the Building Commission, the following information:
(1) Name of owner;
(2) Address of owner;
(3) Street address of owner;
(4) Telephone number where owner can be reached in an emergency;
(5) If an owner is a business entity other than an individual, the names, addresses and telephone numbers of corporation officers, partners, members and managers as applicable to the form of organization;
(6) If the owner is not a resident of Vanderburgh County, Indiana, or a State of Indiana county contiguous with Vanderburgh County, the name, address, and telephone number of owner’s agent authorized to receive notification of complaints, damages, emergencies, substandard conditions or other communications, including service of process. The address of any agent so designated shall be within Vanderburgh or a contiguous county located within the State of Indiana;
(7) Brief description of type and number of rental units.
(B) Any owner, who does not reside in Vanderburgh County, Indiana, or a State of Indiana contiguous county, shall be required to designate an owner’s agent that resides in Vanderburgh County, Indiana, or a State of Indiana contiguous county.
(C) The registration form shall be signed by the owner or the owner’s agent.
(D) Whenever ownership of a building containing a registered rental dwelling changes, the new owner shall have the responsibility to report the change in ownership to the department within 30 days of the change of ownership. Previously issued registrations shall automatically expire 30 days following transfer of the legal title to a property.
(E) The owner or the owner’s agent shall complete and sign an affidavit affirming the building is in compliance with the provisions of the property maintenance code.
(F) The application for voluntary registration shall be reviewed by the Code Official. If at the time of the review there are known outstanding violations of the property maintenance code, the application for voluntary registration may be denied by the Building Commissioner. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.060 Registration permit.
(A) Voluntary registration shall be evidenced by issuance of a “registration permit.” The registration permit for a given property shall remain in effect for one year from issuance, or until a transfer of the legal title to the property, whichever occurs first.
(B) The “registration permit” shall grant the owner or owner’s agent:
(1) A “limited license” to perform building maintenance work; no new or modified plumbing, HVAC or electric installation shall be made except by those properly licensed under EMC 5.70.030 through 5.70.180 and with proper permits and inspections.
(2) A “building permit” to perform up to $3,000 in value of building maintenance work per dwelling unit. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.070 Advisory board on property maintenance.
(A) Purpose. The Advisory Board on Property Maintenance (hereafter “Advisory Board”) provides guidance to the City of Evansville in matters concerning the enforcement of the maintenance of buildings containing dwelling units. The Advisory Board shall offer a public forum for members of the community to raise issues of concern and act as an advocate for public health, safety, and welfare insofar as they affect the occupancy and maintenance of buildings containing dwelling units. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.080 Duties and responsibilities.
The duties and responsibilities of the Advisory Board are to:
(A) Work in harmony with government officials and make recommendations to promote compliance with provisions of the property maintenance code and the registry of rental dwellings;
(B) Promote public awareness of the minimum levels of public health and safety required by the property maintenance code and the registry of rental dwellings. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.090 Objectives.
Among the objectives of the Advisory Board are:
(A) To promote a better public understanding that substandard buildings containing dwelling units contribute disproportionately to neighborhood decline and the social problems typically associated with such decline;
(B) To develop cutting-edge concepts for the abatement of substandard buildings containing dwelling units;
(C) To promote the continuation of neighborhood partnerships with the City of Evansville. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.100 Membership terms.
The Advisory Board shall consist of five members and shall be appointed by the Mayor of the City of Evansville. All appointments shall be for one year beginning January 1st. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.110 Governing regulations of the Advisory Board.
The Advisory Board shall operate at a minimum under the following regulations:
(A) All individuals appointed shall have an active interest in addressing the overall objectives of the Advisory Board and be a member in good standing with a locally recognized trade organization.
(B) All members shall serve without compensation.
(C) All members shall serve for a term of one year with the initial appointees’ terms expiring December 31, 2012.
(D) A member shall serve at the pleasure of the appointing authority.
(E) The appointing authority shall fill a vacancy on the Advisory Board by appointing a new member for the unexpired term.
(F) At the first meeting in January of each year, the members of the Advisory Board shall elect one member to be the chairperson, one member to be the vice-chairperson, and one member to be the recording secretary.
(G) The Advisory Board shall meet at least on a quarterly basis and is subject to notice of such meeting pursuant to the Open Door Law of the State of Indiana.
(H) Three members shall constitute a quorum. [Ord. G-2011-6 § 1, passed 4-5-11.]
15.16.999 Fee schedule.
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Voluntary Registration |
$10.00 per dwelling unit |
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Required Registration |
$100.00 per dwelling unit |
[Ord. G-2011-6 § 1, passed 4-5-11.]