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Wednesday, August 06, 2008
Ind. Gov't. - "State rejects retroactive rental property code "
The headline to the Aug. 5th story ($$) by Laura Lane in the Bloomington Herald Times is "State rejects retroactive rental property code: Forcing owners to meet new city standards is not fair, commission says; city may appeal decision." Some quotes:
INDIANAPOLIS — Bloomington’s 1993 property maintenance code, which requires owners of rental houses and apartments to comply with new standards even though the structures met the codes in force when they were built, is not worth the paper it is written on.That’s the opinion of the Indiana Fire Prevention and Building Safety Commission, which on Tuesday rejected the city’s maintenance code for rentals, saying is unreasonable and conflicts with state law.
“I think it is unenforceable,” said commission chairman David Hannum. “It will not be approved by this body in its current form. What the city of Bloomington needs to do is rewrite its code, to make sure they do not usurp authority they do not have.”
There was confusion over whether the state commission had ever reviewed, or needed to authorize, the code. But the city went before the group to have it passed by the state, making it more binding legally.
“At face value, a property maintenance code would not have to be approved by us,” Hannum said. “Except for that one, which is retroactive to codes that were not in place when a structure was built.”
He said making rental property owners conform to new codes counters the commission’s rules.
“We can’t approve rules that require retroactive changes,” he said. “It is clearly mandated by the Legislature that buildings have to comply with the codes in place at the time of construction.”
The city’s property maintenance code is being challenged by at least three lawsuits pending in Monroe Circuit Court. * * *
City corporation counsel Kevin Robling said his staff will review the code and the commission’s stance before determining how to proceed. He said the city could appeal the commission’s decision.
“I think it’s fair to say the chairman of the commission and I may have varying positions on his role and the city’s role in this matter,” Robling said. “The commission might want to make sure it understands its authority, because it’s clear to me they do not have control over our property maintenance code.”
Posted by Marcia Oddi on August 6, 2008 01:18 PM
Posted to Indiana Government