(A) Program established.
(1) Rental units within the community are a vital part of the fabric of the city. They play a critical role in finding good and affordable living for our residents. By reason of their operation, use, or occupancy, they affect or are likely to affect the public health, safety, and general welfare of the city.
(2) In many cases, identifying a landlord is very difficult due to the property being registered under an L.L.C. or an out-of-state owner. Thus, it is hard to hold negligent landlords accountable for properties that are negatively impacting their tenants and the surrounding neighborhood. It is also very hard to connect the dots and identify a bad landlord that owns many properties around the city and is causing a burden on the tax payers to deal with their code violations.
(3) The chronology of events before a property becomes abandoned, and thus a financial and public health liability for the city, has shown in many of those cases that the properties were poorly kept rentals. Property ownership comes with responsibility, and when someone rents a property to the public, there are additional responsibilities. Many properties that are poorly kept have owners who are, and at times deliberately so, difficult to track down. To address this issue, the Landlord Registration Program is hereby established.
(B) Authority. Effective June 30, 2014, House Enrolled Act No. 1403 (2014) allows political subdivisions to establish and enforce registration and inspection programs for rental units within the political subdivision, subject to certain conditions and limitations.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicated or required a different meaning.
DEPARTMENT. The Department of Code Enforcement or its designee.
LANDLORD. Has the meaning set forth in I.C. 32-31-3-3.
OWNER. Has the meaning set forth in I.C. 32-31-3-4.
PERSON. Has the meaning set forth in I.C. 32-31-3-5.
RENTAL UNIT. Has the meaning set forth in I.C. 32-31-3-8, with the sole exception being an owner-occupied structure that has a single sleeping unit being rented to a tenant.
RENTAL UNIT COMMUNITY. Has the meaning set forth in I.C. 36-1-20-1.5.
TENANT. Has the meaning set forth in I.C. 32-31-3-10.
(D) Registration program.
(1) Beginning on March 1, 2020, all owners or landlords of rental units within the city must register with the department via a method or form prescribed by the Board of Public Works and Safety. The registration form shall include the following:
(a) The name, telephone number, and address of the owner;
(b) The name and address of:
1. A person residing in the state authorized to manage the rental unit; and
2. A person who is authorized to act as agent for the owner for purposes of service of process and receiving and receipting for notices and demands, as provided in I.C. 32-31-3-18;
(c) An affirmation that the rental units, the real property of which the rental units are a part, and any other rental unit property owned or registered by the owner in the city, are not subject to an un-remediated citation of violation of the state and local codes and ordinances;
(d) An affirmation that there are no delinquent real property taxes, assessments, or penalties (other than those that are the subject of an ongoing appeal) with respect to the property, or any other rental unit property owned or registered by the owner in the county; and
(e) A statement of the number of rental units on each separate parcel of real property covered by the registration.
(2) Beginning on March 1, 2020, an owner or landlord of a rental unit must pay to the department an initial registration fee. Only one registration fee is required for all rental units in a rental unit community. If a rental unit is not part of a rental unit community, a separate registration fee must be paid for each separate parcel of real property on which a rental unit is located, unless they are all registered at the same time.
(3) In the event of a change of ownership, the new owner or landlord must, not later than 30 days after the change of ownership, pay the registration fee and provide updated registration information to the department.
(4) Registrations must be renewed annually. The renewal fee may be determined by the Department.
(5) The owner or landlord must notify the Department within 30 days of any changes to registration information.
(E) Inspection program. The I.C. 36-1-20-4 inspection program will be implemented to enforce the provisions of this chapter.
(F) Landlord Registration Fund.
(1) There is hereby created a special fund, to be designated as the “Landlord Registration Fund.” This fund shall be a continuing, non-reverting fund, with all balances remaining therein at the end of the year, and such balances shall not revert to the city or county general funds.
(2) The controller shall deposit in this fund all fees assessed and collected pertaining exclusively to a rental unit or rental unit community. This Fund shall be dedicated solely to reimbursing the costs actually incurred relating to the Landlord Registration Program.
(G) Penalties and enforcement.
(1) Failure to register as required is subject to admission of violation and payment of a civil penalty for each rental unit or rental unit community in violation in an amount provided by the Department.
(2) Failure to update the registration within 30 days of a change in ownership as required is subject to admission of violation and payment of a civil penalty for each rental or rental unit community in violation in an amount provided by the Department.
(3) Failure to renew the registration each calendar year as required is subject to admission of violation and payment of a civil penalty for each rental or rental unit community in violation in an amount provided by the Department.
(4) Failure to update the registration within 30 days of a change in anything other than ownership required is subject to admission of violation and payment of a civil penalty for each rental or rental unit community in violation in an amount provided by the Department.
(5) In addition to civil penalties, the Department may seek injunctive relief to enforce the provisions of this chapter.
(6) The penalties allowed under subsections (G)(1) through (G)(4) above may not be imposed until after:
(a) A notice of violation has been issued to the owner or the owner’s designee by personal service or by first class United States Mail, postage prepaid;
(b) Passage of 30 days, which must be stated in the notice, for the violation to be cured; and
(c) Failure of the violation to be cured within the time stated in the notice.
(H) Schedule of license and permit fees. The following fees are established for their respective license and permits issued by the city.
License or Permit | Fee |
Rental registry/renewal | $5 |
(Ord. 3-2020, passed 2-11-2020) Penalty, see § 90.99