(A) Probation. Based upon charges filed by the Rental Housing Officer, the Board of Public Works and Safety may, if it finds the charges to be true, impose up to three year probation for the registration permit for any premises found to be under the following circumstances:
(1) If there is an adjudication of three or more violations of the City Code or Indiana Criminal Code on the property within one year, unless the owner was the party reporting the violation or, unless the owner or owner’s agent has evicted the tenants;
(B) Suspension. Based upon charges filed by the Rental Housing Officer, the Board of Public Works and Safety may, if it finds the charges to be true, impose up to a 120-day suspension of the registration permit for any premises found to be under the following circumstances:
(1) One or more additional bases exist that would support the imposition or probation within one year of any other sanctions being imposed under this section and the owner has not taken appropriate corrective action.
(2) An adjudication that the owner, owner’s agent, or person acting on behalf of the owner has:
(a) Knowingly violated the maximum occupancy provisions set forth in the rental housing code;
(b) Illegally used or allowed the illegal use of non-habitable or non-occupiable space;
(c) Illegally converted space to occupiable or habitable use or illegally added an additional rental unit to the property;
(d) Violated the provisions of § 158.04 (rental certificate required);
(e) Failed to correct any code violation at the property affecting health and safety within the time allowed;
(f) Provided the Rental Housing Officer or his or her designee with any false or materially incomplete information in connection with the property or the registration permit.
The suspension shall begin upon the vacation of the rental unit. The owner shall take all legal steps necessary to vacate the rental unit as soon as possible.
(C) Revocation. Based upon charges filed by the Rental Housing Officer, the Board of Public Works and Safety may, if it finds the charges to be true, permanently revoke the registration permit for any premises under the following circumstances:
(1) Any occupancy during or payment of rent for the period of any suspension under § 158.11(B); or
(2) Within three years after suspension, any further occurrence or violation that would be grounds for a suspension of the registration permit.
(D) The Rental Housing Officer shall prepare and file charges with the Board of Public Works and Safety specifying the specific violation and relief requested. Such charges and notice of a hearing shall be served upon the owner or his or her agent by certified mail, return receipt requested to the address of record.
(E) The Board of Public Works and Safety shall set a date for hearing of the charges, not less than ten days after mailing of the notice. The Board of Public Works and Safety shall hear the evidence and argument of the Rental Housing Officer and the owner. After the hearing, the Board of Public Works and Safety shall make a written decision supported by findings. The decision of the Board of Public Works and Safety may be appealed to a court of general jurisdiction in Porter County within 30 days of the decision.
(F) Following the permanent revocation of a registration permit by the Board of Public Works and Safety, an owner may apply to the city for the issuance of a new registration permit. As part of the application process for a new registration permit the owner shall permit the Rental Housing Officer to inspect each rental unit and/or premises wherein the registration permit was previously revoked to determine compliance with the requirements of this chapter.
(Ord. 14-2011, passed 4-11-11)