§ 156.01. DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT. Every person at least 18 years of age or younger if emancipated.

CYCLE INSPECTION. The normal inspection of rental units on a two-year cycle.

DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

EXEMPTION . A rental unit shall not be inspected and no inspection fee assessed if all of the following are met:

(1) The rental unit is:

(a) Managed by; or

(b) Part of a rental unit community that is managed by; a professional real estate manager.

(2) During the previous 12 months, the rental unit has been inspected or is part of a rental unit community that has been inspected by either of the following:

(a) By or for:

1. The United States Department of Housing and Urban Development, the Indiana Housing and Community Development Authority, or another federal or state agency; or

2. A financial institution or insurance company authorized to do business in Indiana.

(b) By an inspector who:

1. Is a registered architect;

2. Is a professional engineer; or

3. Satisfies qualifications for an inspector or rental units prescribed by the city. The inspector may not be an employee of the owner or landlord.

(3) A written inspection report of the inspection under division (2) above has been issued to the owner or landlord of the rental unit or rental unit community (as applicable) that verifies that the rental unit or rental unit community is safe and habitable with respect to:

(a) An electrical supply and electrical systems;

(b) Plumbing and plumbing systems;

(c) Water supply, including hot water;

(d) Heating, ventilation, and air conditioning equipment in systems;

(e) Bathroom and toilet facilities;

(f) Doors, windows, stairways, and hallways;

(g) Functioning smoke detectors; and

(h) The structure in which a rental unit is located.

(4) The inspection report identified under division (3) above is delivered to the city on or before the due date.

HABITABLE ROOM. Any room meeting the requirements of this code for sleeping, living, or dining purposes excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage places, utility rooms and similar spaces.

OTHER INSPECTION. Any other inspection conducted pursuant to this subchapter other than a REGULAR INSPECTION, based upon a reasonable belief of noncompliance for a complaint.

ORGANIZATION. Includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property.

PERSON. A corporation or copartnership as well as an individual.

PREMISES. A lot, plot or parcel of land including the buildings or structures thereon.

RENTAL BUILDING. A building containing one or more rental units.

RENTAL DWELLING UNIT. A dwelling unit in a residential premises covered by a tenancy agreement.

RENTAL HOUSING CODE. Sections 156.25 through 156.63 of this chapter.

RENTAL UNIT. A rented dwelling unit or rooming unit.

RENTAL UNIT COMMUNITY. One or more parcels of contiguous real property upon which are located one or more structures containing rental units, which when the combined total of all rental units in all purpose structures is five or more rental units and the rental units are not occupied solely by the owner or owner's family.

ROOMING HOUSE. Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to five or more persons who are not husband or wife, sister or brother, son or daughter or father or mother of the owner or operator.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

TENANT. Any person entitled to occupy a rental unit under a tenancy agreement to the exclusion of others.

TENANCY AGREEMENT. Includes all agreements, written, oral or implied, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit and premises.

TRANSIENT OCCUPANCY. Occupancy which is less than two weeks duration in the same or similar units owned by the same owner.

(Ord. 27-92, passed 9-14-92; Am. Ord. 30-92, passed 10-13-92; Am. Ord. 27-93, passed 10-25-93; Am. Ord. 38-2015, passed 12-14-15)