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HomeMy WebLinkAboutD-2784-25 Rental Cap Registration OrdinanceSponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2784-25 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 4 ARTICLE 6 OF THE CARMEL CITY CODE Synopsis: An Ordinance amending and clarifying requirements of Chapter 4 Article 6 of the Carmel City Code relating to the residential rental dwelling registration and permit program. WHEREAS, the City of Carmel (the “City”) recently adopted an ordinance adding Chapter 4 Article 6 to the City Code that established residential rental dwelling registration and permitting requirements (the “Ordinance”); and WHEREAS, since the Ordinance’s adoption, the City received multiple inquiries regarding requirements and implementation of the residential rental dwelling registration and permitting program (the “Program”); and WHEREAS, during the Program’s implementation, the City staff also suggested certain revisions to the Ordinance to clarify its requirements; and WHEREAS, the Common Council indicated that the Ordinance may be amended as the City works through the Program’s implementation process and solicits additional feedback from residents and the staff; and WHEREAS, based on the feedback received to date, the Common Council wishes to amend certain provisions of the Ordinance to clarify certain requirements of the Program. 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. The following sections of Chapter 4 Article 6 of the Carmel City Code are hereby amended as follows: “§ 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. Except for the renovation or replacement of a residential rental dwelling that is already registered and permitted, a residential rental dwelling must be constructed and ready to be let for occupancy before it can be registered and issued a rental dwelling permit. Additionally, owner(s) seeking a rental dwelling permit for a residential dwelling must not claim the homestead exemption on that property. Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page One of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. § 4-501 REGISTRATION (A) All owner(s) of residential rental dwelling(s) must register all residential rental dwelling(s). To maintain Legacy Dwelling(s) status, all owner(s) of Legacy Dwelling(s) must register such dwelling(s) by December 31, 2025. 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 owner(s); (2) Street address of all owner(s) and beneficial owner(s); (3) Phone number of all owners and beneficial owner(s); (4) Email address of owner(s) and beneficial owner(s); (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; (7) If the residential rental dwelling is subject to active HOA covenants, a written affirmation from the HOA board or an authorized representative stating that the dwelling is not subject to any HOA rental or other restrictions that would prevent an applicant from renting it. (8) Verification that a residential rental dwelling is constructed and ready to be let for occupancy; and (9) Affirmation under penalties of perjury that the owner(s), beneficial owner(s), or the residential rental dwelling: (a) has not 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); (c) has not been the subject of: i. three (3) or more civil judgments, or ii. one (1) or more criminal conviction(s) within the preceding twenty-four (24) months related to the residential rental dwelling or any other properties owned by the permittee, rental rights, or other such related matters; and (d) is not within the community that has an active HOA. (10) Notwithstanding the above, the owner shall provide the City all cause numbers for any pending civil and/or criminal matter(s) related to the residential rental dwelling or other properties owned by the permittee, rental rights, or other such related matters. (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(s). (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. Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Two of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. (F) Whenever ownership of the residential rental dwelling changes and the new owner(s) intends to let the dwelling for occupancy, the new owner(s) 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. If ownership changes after December 31, 2025, a residential rental dwelling loses its status as a Legacy Dwelling. (G) All current owners shall submit a registration application for all existing residential rental dwellings by December 31, 2025. Thereafter, any owner wishing to let a residential rental dwelling for occupancy shall have thirty days (30) days to register that residential rental dwelling after obtaining ownership. § 4-502 RESIDENTIAL 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 residential rental dwelling permit to the residential rental dwelling’s owner(s) if all of the following criteria are satisfied: (1) The residential rental dwelling registration form contains and satisfies all the information and affirmations required by Section 4-501. (2) The owner(s) of the residential rental dwelling(s): has not been cited for violation of any requirement imposed by Chapter 6 or Chapter 10 of the City Code. If any owner or property has been found in violation of subsection 4-501(A)(7), 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 application for residential rental dwelling permit, 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 ten percent (10%) cap 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 ten percent (10%) cap limits established for residential rental dwellings herein. (C) A residential 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 (s) must apply for a new residential rental dwelling permit, and shall be subject to rental cap limits at the time of the application. 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. When a registered residential rental dwelling with a valid permit is being renovated or rebuilt, the rental permit will remain active. (D) Residential rental dwelling permits may not be sold, transferred, or otherwise alienated. (E) The Department of Community Services may impose an annual Five Dollars ($5) registration fee for each residential rental dwelling permit. Additionally, a late fee of up to Two Hundred Dollars ($200) may be charged if the owner(s) fail to pay the annual registration fee within two months of the renewal date. At the time of registration/renewal, the permittee must affirm that all the information and affirmations required by Section 4-501 are current and satisfied and that no changes to the HOA covenants have introduced new rental restrictions that prevent renting residential rental dwellings. Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Three of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. (F) The Director may deny the residential dwelling permit if it is determined that false or misleading information was provided during the registration. (G) The Director’s determination to deny the residential dwelling permit may be appealed to the Board of Public Works and 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(s) receives the notice of the determination. (H) When an appeal is requested pursuant to subsection (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 Article; 2) Any other violation of Chapter 6 or Chapter 10 of the City Code; 3) Continued delinquency of City utility bills for the residential rental dwelling; 4) HOA covenants prevent renting residential rental dwellings; 5) Three (3) or more civil judgments or one (1) or more criminal conviction(s): within the preceding twenty-four (24) months related to the residential rental dwelling or other properties owned by the permittee, rental rights, or other such related matters; or 6) It is determined that false or misleading information was provided during the registration and/or renewal. (B) If the Director of Community Services finds that the permit should be revoked, the Director shall give the owner(s) written notice by certified mail, return receipt requested, that the Director intends to proceed to revoke the permit unless the owner(s) requests a hearing in front of the Board of Public Works and 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(s) receives the notice of the proposed revocation. The notice shall contain a statement of the facts upon which the Director has acted. If the owner(s) 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(s). If the notice or written determination is returned as undeliverable, the Director may serve it personal service or first-class mail to the address indicated in the registration form, and by posting it in a conspicuous location on the residential rental dwelling. (C) When a hearing is requested pursuant to subsection (B) above, the hearing shall be conducted in accordance with the procedures set forth in Indiana Code §Chpt. 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 determination 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) Any owner(s) who advertises to rent but fails to register a residential rental dwelling commits a civil violation and shall be subject to a fine in the amount of $500, each day the dwelling is advertised to rent constituting a new and separate violation. Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Four of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. (2) Any owner who lets a residential rental dwelling without a permit shall be subject to an initial fine of $2,500. If the owner(s) 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 $1,000 per day for each day the residential rental dwelling is let without a permit, each day constituting a new and separate violation. (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 the correction has been verified by the City’s designated enforcement officer. 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; or (5) Other remedy acceptable to the City. (D) The City’s designated enforcement officer may issue a Notice of Violation to any owner who commits a civil violation under this Article. 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: (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 amount of 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(s) shall complete the remedial action; (5) Contact information for the City’s designated enforcement officer; and (6) How to appeal the Notice of Violation. (F) A Notice of Violation may be appealed to the Board of Public Works and Safety in the same manner that the Director’s determination to deny or revoke the permit may be appealed, pursuant to this Article. (G) The Board of Public Works and Safety’s decision may be appealed to the Circuit or Superior Courts of Hamilton County within ten (10) days of receipt of the Board’s decision under this Article. (H) If the owner(s) 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 section(s) of the City Code, other City ordinances, or State law, rule or regulation. (I) Any owner found to be in violation may be enjoined from letting the dwelling for occupancy and may be further liable for all civil monetary fines, court costs, and fees, including reasonable attorney fees. Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Five of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. (J) 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 all sums collected pursuant to this Article. The office of the controller shall deposit in this Fund all fines assessed and collected pertaining exclusively to this Article. This Fund shall be dedicated solely to reimbursing the costs actually incurred relating to the residential rental dwelling permit and registration program under this section. 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. [signature page to follow] Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Six of Seven Pages Sponsors: Councilors Minnaar and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief on August 29, 2025, at 1:00 p.m. It was subsequently amended by Benjamin J. Legge, City Attorney, on October 9, 2025, at 3:30 p.m. It may have been subsequently revised, but no subsequent revision to this Ordinance has been reviewed by Mr. Grechukhin or Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ________ day of ___________________, 2025, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ______________________________ _______________________________ Adam Aasen, President Matthew Snyder, Vice-President ______________________________ _______________________________ Rich Taylor Anthony Green ______________________________ _______________________________ Jeff Worrell Teresa Ayers ______________________________ _______________________________ Shannon Minnaar Ryan Locke ______________________________ Anita Joshi 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 Ordinance D-2784-25 – Version B – Land Use and Special Studies Committee – 10/8/25 Page Seven of Seven Pages Shannon Minnaar ShanohM ir h Shahno Mihan Shan  oMair h Sa oMair  Sa oMair h  Shano Mir a