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HomeMy WebLinkAboutD-2770-25 Rental Cap & Registration OrdinanceSponsors: Councilors Aasen, Taylor and Snyder and Ayers ORDINANCE NO. D-2770-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ADOPTING A NEW ARTICLE 6 UNDER CHAPTER 4 OF THE CARMEL CITY CODE Synopsis: An Ordinance adopting requirements that owners of residential rental dwellings register and obtain a permit before letting a residential rental dwelling and limits the number of authorized residential dwelling permits to ten percent of all homes within any subdivision of the City of Carmel. WHEREAS, the City of Carmel has long been recognized for excellence in many aspects of its planning, development, implementation and service, which has been recognized by various organizations locally, nationally and internationally. The City continues to appear on national, data-driven ‘Best’ lists where cities’ rankings are assigned based on job market, net migration and quality of life numbers; and WHEREAS, the City has a vested and continued interest in (1) benefiting the general public by minimizing adverse impacts on established residential neighborhoods in the City and the owners and residents of properties in these neighborhoods resulting from the conversion of residential properties to transient use; (2) ensuring public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises used as a residential rental dwelling; (3) assisting in the elimination of blight and to promote maintenance of homes; and (4) encouraging home ownership in established residential neighborhoods in the City; and WHEREAS, the City has seen an increase in single-family homes being purchased and used as rental units within the City and surrounding municipalities; and WHEREAS, the City recognizes the need for a rental registration program for residential rental dwellings within the City to provide an efficient and timely system of communication regarding code enforcement, fire and safety, and law enforcement for the health, safety, and welfare of all residents of the City; and WHEREAS, the adoption of a rental dwelling registration and permit system advances a legitimate public purpose in order to protect the public health, safety and welfare of the City; and WHEREAS, the City is authorized under Ind. Code §36-1-20-1 et seq. and now wishes to adopt requirements regarding registration and permitting of rental housing; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. A new Article 6 is established under Chapter 4 of the Carmel City Code, to read as follows: CHAPTER 4 FEES, LICENSES, PERMITS AND FRANCHISES ARTICLE 6: RESIDENTIAL RENTAL DWELLING PERMIT AND REGISTRATION PROGARM § 4-500 PURPOSE AND APPLICABILITY. Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 (A) The Residential Rental Dwelling Permit and Registration Program is hereby established for the following purposes: (1) To benefit the general public by minimizing adverse impacts on established residential neighborhoods in the City and the owners and residents of properties in these neighborhoods resulting from the conversion of residential properties to transient use; (2) To ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises used as a residential rental dwelling; (3) To assist in the elimination of blight and to promote maintenance of homes; and (4) To encourage home ownership in established residential neighborhoods in the City. (B) The Residential Rental Dwelling Permit and Registration Program applies to all residential rental dwellings located within the corporate boundaries of the City of Carmel. § 5-501 DEFINITIONS. For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not defined herein shall have the meanings ascribed to them in the Unified Development Ordinance. BENEFICIAL OWNER means any natural person who, directly or indirectly, owns at least twenty- five (25%) of (1) a residential rental dwelling, or (2) the owner of a residential rental dwelling where the owner is an entity. PERMITTED RENTAL DWELLINGS means any one of the following: (1) The rental of a dwelling where the owner(s) resides in the dwelling and leases to individuals or a family while they are absent from the City of Carmel for a period of time not exceeding six (6) months, and who intends to return to their dwelling at the expiration of the lease period; (2) The rental of a dwelling where the owner(s) who resided in the dwelling has been relocated by their employer in excess of fifty (50) miles from the location in the last year; (3) The rental of the dwelling where the owner or owner(s) who resided in the dwelling are active members of the military and have been deployed; (4) The rental of the dwelling where the owner(s) who resided in the dwelling has experienced a death, divorce, transfer to assisted living or other life situation which has necessitated them to vacate the dwelling in the last year and they would experience an undue hardship if they sold the dwelling. The owner(s) may submit an affidavit affirming the circumstances that led to the undue hardship outlined herein; however, the owner(s) are not obliged to disclose personal medical information, nature of disability, or any other information deemed confidential pursuant to any applicable state or federal law, rule, or regulation; (5) The rental of the dwelling to a legal dependent or immediate family member of the owner(s); and (6) The rental of the dwelling where the owner of the dwelling has received the dwelling as an inheritance following the death of the previous owner; IMMEDIATE FAMILY MEMBER. Includes spouse, child, step-child, parent, step-parent, brother, sister, siblings, step-siblings, nieces and nephews, grandparent and grandchildren. Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 LEGACY DWELLINGS. Residential rental dwellings existing within a Subdivision on or prior to the effective date of this Ordinance for which the owner has submitted a complete initial registration and permit application by December 31, 2025. LEGAL DEPENDENT. Natural born or adopted children, spouses, household members covered by conservatorship or guardianship or those other adults claimed on tax returns as legal dependents. LET FOR OCCUPANCY. To permit, provide, or offer possession or occupancy of a single-family home by an owner to a third party pursuant to a written or unwritten lease, agreement or license, or pursuant to an unrecorded contract for sale. OWNER has the meaning set forth in Ind. Code 32-31-3-4. RESIDENTIAL RENTAL DWELLING. A single-family home or townhome that is let for occupancy for compensation by an owner for a period of more than thirty (30) consecutive days. This definition includes Permitted Dwellings (as defined herein), but does not apply to (1) the occupancy of the dwelling by the purchaser under a contract of sale, provided the contract for sale is properly recorded with the Hamilton County Recorder’s Office, (2) the rental of a dwelling regulated as a “short term rental” property under Indiana Code §36-1-24-1 et seq. or Article 5.74 of the Unified Development Ordinance, or (3) a dwelling within a Rental Unit Community. RENTAL UNIT COMMUNITY has the meaning set forth in Ind. Code §36-1-20-1.5 and also includes any “build-to-rent” communities approved by the City. RENTAL DWELLING PERMIT. A permit, issued by the Director of Community Services or his or her designee under this chapter, authorizing the owner to let for occupancy a residential rental dwelling. SINGLE-FAMILY HOME. A residential building containing only one (1) Dwelling Unit and not occupied by more than one family. SUBDIVISION. A neighborhood or other similar residential development of ten (10) or more single- family homes or townhomes as a plat bearing the same name with different phases, or as a Planned Unit Development, as shown on the Hamilton County, Indiana parcel card/property report under “Subdivision” or “Subdivision Name”. TOWNHOME. One or more single-family homes with a minimal front and rear yards, no side yards, arranged side by side, separated by common walls between living area, each having more than one story. TENANCY AGREEMENT. All agreements, written, oral or implied, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a residential rental dwelling. TENANT. Any person entitled to occupy a residential rental dwelling under a tenancy agreement to the exclusion of others. § 4-500 REQUIREMENTS No owner shall let for occupancy a residential rental dwelling without first registering the dwelling and obtaining the rental dwelling permit with the Department of Community Services. Nothing contained herein shall be construed to limit or preempt the authority of a homeowners’ association (HOA), condominium association, or similar entity to adopt and enforce covenants, conditions, restrictions, or rules that are more restrictive than those set forth herein. § 4-501 REGISTRATION Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 (A) On or before January 1, 2026, the owner(s) of residential rental dwelling(s) must register all residential rental dwelling(s). Registration of a residential rental dwelling shall be effected by furnishing the Department of Community Services upon a form supplied by the Department of Community Services, the following information: (1) Name(s) of all owner(s) and beneficial owners; (2) Street address of all owner(s) and beneficial owners; (3) Phone number of all owners and beneficial owner(s); (4) Email address of owner(s) and beneficial owners; (5) Name, street address, phone number and email address of agent, if any, authorized to act on behalf of the owner(s) in regard to the residential rental dwelling, including service of process; (6) Verification that a Homestead Property Tax Deduction is not being claimed on the property while in use as a rental dwelling; and (7) Whether the owner, beneficial owner, or the residential rental dwelling: (a) has been cited for violation of any requirement imposed by the City Code, including this Article; (b) is current on all City of Carmel utility invoices (sanitary sewer, trash, and stormwater); and (c) has been the subject of more than three (3) civil citations or three substantiated police calls for service resulting in a citation or criminal charges within the preceding twenty-four (24) months. (B) By listing a street address of the owner(s) in the residential rental dwelling registration, the owner(s) thereby consents to service of process at that address. (C) Any owner(s) who does not reside in or have their principal place of business in Indiana shall designate and list an in-state agent under subsection (a)(5). (D) The residential rental dwelling registration form shall be signed by the owner. (E) Whenever an owner, beneficial owner, or agent changes their contact information (mailing address, phone number or email address) it shall be his responsibility to provide the Department of Community Services with an updated residential rental dwelling registration form. All updated registration forms shall be signed by the owner. (F) Whenever ownership of the residential rental dwelling changes and the new owner intends to let the dwelling for occupancy, the new owner shall file a new registration with the Department of Community Services within thirty (30) days of obtaining title to the residential rental dwelling. Each parcel of property on which a residential rental dwelling is located requires a separate registration. (G) All current owners shall submit an initial registration application for any and all existing residential rental dwellings by December 31, 2025. Thereafter, any owner shall have thirty days (30) days to register that residential rental dwelling after obtaining ownership. § 4-502 HOME RENTAL DWELLING PERMITS (A) The Department of Community Services shall treat a residential rental dwelling registration form as an application for a residential rental dwelling permit. The Department of Community Services shall issue a Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 residential rental dwelling permit to the residential rental dwelling’s owner(s) if and only if all of the following criteria are satisfied: (1) The residential rental dwelling registration form contains all of the information required by §4-501. (2) The owner of the residential rental dwelling: (a) has not been cited for violation of any requirement imposed by Chapter 6 or Chapter 10 of the City Code; (b) is current on all City utility invoices (sanitary sewer, trash, and stormwater); and (c) has not been the subject of more than three (3) civil citations or three substantiated police calls for service resulting in a citation or criminal charges within preceding twenty-four (24) months. If the owner or property has been found in violation of (A)(2)(a)-(c), the Director of Community Services may determine in his or her discretion that the public interest nevertheless supports issuing a residential rental dwelling permit. (3) At the time the residential rental dwelling permit would be issued, less than ten percent (10%) of the single-family homes and townhomes in the Subdivision are registered and permitted as residential rental dwellings. This subsection shall not apply to Legacy Dwellings defined in this Article but shall apply to any residential rental dwelling registered after December 31, 2025. Legacy Dwellings shall count toward the 10% limits established for residential rental dwellings herein. (B) Notwithstanding the limitations contained under subsection (A)(3), Permitted Dwellings shall be entitled to a permit if the criteria under subsections (A)(1) and (2) are met, but shall count toward the 10% limits established for residential rental dwellings herein. (C) A rental dwelling permit shall not expire until the ownership of a residential rental dwelling changes. If the ownership of the residential rental dwelling changes, the new owner must apply for a new residential rental dwelling permit. Where a dwelling is owned by more than one owner with rights of survivorship, a new application need not be filed upon the death of one of the owners. (D) Residential rental dwelling permits may not be sold, transferred, or otherwise alienated. (E) The Department of Community Services shall not charge a fee to obtain a residential rental dwelling permit. (F) A Director’s determination to deny the residential rental dwelling permit may be appealed to the Board of Public Works and Safety.. (G) When an appeal is requested pursuant to division (F) above, the hearing shall be held in accordance with the procedures set forth in Indiana Code § 4-21.5-3. §4-503 REVOCATION OF A RENTAL DWELLING PERMIT (A) A residential rental dwelling permit may be subject to revocation under the following circumstances: 1) Failure to correct violations within the time specified in a Notice of Violation issued pursuant to this chapter; 2) Any other violation of Chapter 6 or Chapter 10 of the City Code; or Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 3) Continued delinquency of City utility bills.. (B) If the Director of Community Services finds that the permit should be revoked, the Director shall give the owner written notice by certified mail, return receipt requested, that the Director intends to proceed to revoke the permit unless the owner requests a hearing by the Board of Public Safety. Such request shall be made in writing and filed in the office of the City Clerk within 15 days from the day that the owner receives the notice of the proposed revocation action. The notice shall contain a statement of the facts upon which the Director has acted. If an owner fails to request a hearing, the Director shall proceed to revoke the permit. The written determination by the Director to revoke the permit shall be filed in the office of the City Clerk and sent by certified mail, return receipt requested, to the owner. (C) When a hearing is requested pursuant to division (B) above, the hearing shall be held in accordance with the procedures set forth in Indiana Code § 4-21.5-3. (D) Any person whose permit has been revoked shall not be permitted to apply for another permit for one year after the filing of the written statement revoking the permit. § 4-504 PENALTIES AND REMEDIES (A) Violations of this Article are subject to the following civil fines and penalties, beginning January 1, 2026: (1) An owner who fails to register a residential rental dwelling commits a civil violation and shall be punished by a fine in the amount of $500. (2) An owner who lets a residential rental dwelling without a permit shall be punished by an initial fine of $2,500. If the owner has not obtained a permit or otherwise complied with this Article within thirty (30) days after receiving a Notice of Violation under subsection (E), the owner shall be fined $100 per day for each day the residential rental dwelling is let without a permit. (B) The failure to comply with any of the requirements under this Article constitutes a violation of this Article. Any residential rental dwelling let for occupancy in violation of this Article is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law. (C) A violation continues to exist until corrected and verified by the Director of the Department Community Services. Correction includes, but is not limited to any or a combination of: (1) Cessation of an unlawful practice; (2) Remediation of a violation; (3) Payment of fees or fines; (4) Vacancy of a residential rental dwelling; and (5) Other remedy acceptable to the City. (D) The Director of the Department of Community Services may issue a Notice of Violation to any owner who commits a civil violation under this Chapter. The Notice of Violation may be served by personal service, by certified mail or by placement in a conspicuous place on the residential rental dwelling. (E) The Notice of Violation shall serve as notice to the owner that the owner has committed a civil violation and shall include: Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 (1) The date of issuance; (2) The name of the owner charged and the address of the residential rental dwelling with respect to which the violation occurred; (3) The civil monetary fine the City will impose for the violation and where the fine may be paid; (4) The remedy or combination of remedies imposed and the date on which the owner shall complete the remedial action; (5) Contact information for the Department of Community Services; and (6) How to appeal the Notice of Violation. (F) A Notice of Violation, a denial or revocation of a permit after the Board of Public Safety’s decision. may be appealed to the Circuit or Superior Courts of Hamilton County .within ten (10) days of receipt of the Notice of Violation, or denial or revocation decision of a rental dwelling permit. (G) If the owner does not timely file an appeal, complete corrective action, or pay the fine by the date set forth in the Notice of Violation, the Director of Community Services shall send the Notice of Violation and all supporting documentation to the City Legal Department. The head of the City Legal Department shall in the name of the City of Carmel bring an enforcement action in the Circuit or Superior Courts of Hamilton County, for civil monetary fines and penalties and/or mandatory and injunctive relief in the enforcement of and to secure compliance with this Article. Any such action may be joined with an action to enforce any other ordinance. (H) An owner found to be in violation may be enjoined from letting the dwelling for occupancy and is further liable for all civil monetary fines, court costs, and fees. (I) Seeking civil penalties as authorized in this section does not preclude the City from seeking alternative relief from the Court in the same action or any other remedy in a separate action. The remedies provided for in this title shall be cumulative, and not exclusive, and shall be in addition to any other remedies available in law or equity. § 4-505 REGISTRATION FUND There is hereby established a Rental Registration Fund as a non-reverting fund, as may be designated by the Common Council, within the City to receive any and all sums collected pursuant to this Chapter. The controller shall deposit in this fund all fines assessed and collected pertaining exclusively to this Chapter. This fund shall be dedicated solely to reimbursing the costs actually incurred relating to the Residential Rental Dwelling Permit and Registration Program. Money in the Fund may not at any time revert to the general fund or any other fund of the City. Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 [Signature Page Follows] Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 PASSED by the Common Council of the City of Carmel, this _______ day of ___________________, 2025, by a vote of ______ ayes and _____ nays. COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ___________________________________ Adam Aasen, President Matthew Snyder, Vice-President ___________________________________ ____________________________________ Teresa Ayers Anita Joshi ___________________________________ ____________________________________ Ryan Locke Shannon Minnaar ___________________________________ ___________________________________ Anthony Green Rich Taylor ___________________________________ Jeff Worrell ATTEST: __________________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ______ day of _________________________ 2025, at _________ __.M. ____________________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _______ day of ________________________ 2025, at _________ __.M. _________________________________ Sue Finkam, Mayor ATTEST: ___________________________________ Jacob Quinn, Clerk Prepared by: Ted Nolting Kroger Gardis & Regas LLP 111 Monument Circle, Suite 900 Indianapolis, IN 46204 Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 A 3rd 9 11:30 June A11:15June June 2nd 3rd 0