(A) Name. This chapter is entitled the “Ordinance Establishing an Inspection Program for At-Risk Residential Rental Properties in the City of Charlestown, Indiana.”
(B) Purpose. This chapter is enacted in order to establish a regular inspection program for certain at-risk properties used or intended to be used as rental units, in order to protect the public health, safety and welfare by insuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions and by identifying and correcting conditions of deterioration and blight that could adversely affect the health and safety of occupants of those rental units, as well as economic conditions and the quality of life in the city.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICABLE LAWS. Includes, but is not limited to, the city’s Property Maintenance Code, as defined in Chapter 152 of this code, the city’s zoning ordinances, other city ordinances or other statutes, laws and regulations relating to the health or safety of residential dwellings or the public.
AT-RISK PROPERTY. Any residential housing that is accurately described by the following conditions:
(a) Is at least 65 years old;
(b) Was originally constructed without footers or a foundation; or
(c) Was originally constructed with asbestos or other building materials now deemed to be hazardous to human health.
BOARD. The city’s Board of Public Works and Safety.
BUILDING COMMISSIONER. The City Building Commissioner or a designee of the Building Commissioner.
CERTIFICATE OF COMPLIANCE. The certificates issued evidencing compliance with the requirements of this chapter.
CITY. The City of Charlestown, Indiana.
DEFICIENCY. Any failure by a unit subject to this chapter to comply with APPLICABLE LAWS, as defined above.
INSPECTOR. The Building Commissioner, or his or her appointee, whose responsibility it is to conduct inspections pursuant to this chapter.
OCCUPANT. A person lawfully residing in a unit.
OWNER. The owner of record of a rental unit as shown by the most recently recorded deed to the real estate upon which the unit is located or as indicated by the County Assessor’s tax records, or that owner’s authorized agent.
RENTAL UNIT. A unit in an at-risk property occupied by or intended for occupancy by a person or persons other than the owner of the unit or the owner’s grandparents, parents, siblings, children or grandchildren.
UNIT. A dwelling within the city, including structures used as single-family homes, duplexes, multi-family dwellings or other living accommodations.
UNIT UNAVAILABLE FOR RENT. A unit whose owner has filed with the Building Commissioner a statement signed under penalty of perjury, which statement provides that such unit is not offered or available for rent as a rental unit, and that prior to offering or making available such unit for rent as a rental unit, the owner will apply for a certificate of compliance for such unit pursuant to this chapter and any applicable administrative regulations adopted pursuant to this chapter.
(D) Applicability. The provisions of this chapter shall apply to all at-risk property that has at least one rental unit, except for units that are exclusively owner-occupied or units unavailable for rent.
(E) Registration of existing rental units. The owner of each rental unit that is subject to inspection under this chapter shall register the rental unit with the office of the Building Commissioner, in writing, on or before July 1, 2016, on forms provided by the Building Commissioner, and shall supply the following information:
(1) Owner’s name;
(2) If owner is a corporation, LLC, partnership or other business entity, the name and mailing address of the authorized agent for service of legal process for the entity;
(3) Owner’s mailing address;
(4) Owner’s telephone number;
(5) Owner’s email address;
(6) Rental unit mailing address;
(7) Year the rental unit was constructed;
(8) Finished living space of the rental unit (plus or minus 50 square feet); and
(9) The year the electrical service (service panel) in the rental unit was last updated.
(F) Registration of new rental units. Any unit that becomes a rental unit after this chapter becomes effective shall register the rental unit with the Building Commissioner, in writing, on a form provided by the Building Commissioner, in order to provide an inspector with the opportunity to inspect the rental unit per § 151.02 of this code, prior to the time the rental unit is occupied by an occupant. Failure of an inspection to take place within three business days after the form is received at the office of the Building Commissioner, due to the unavailability of an inspector, should not be cause to prevent the rental unit to be rented or occupied.
(G) Registration fee. To help defray the expense of managing this program each registration for a rental unit required to be filed under this chapter shall be accompanied by a one-time registration fee in the amount of $20.
(Ord. 2016-OR-2, passed 2-1-2016)