Ordinance No. 1074

WHEREAS, the Town Council of the Town of Speedway, Indiana (the "Town Council") passed Ordinance No. 1057 which provides for the licensing, permitting and inspection of rental units in the boundaries of the Town of Speedway, Indiana (the "Town"); and

WHEREAS, subsequent to the adoption of Ordinance No. 1057 and publication of the notice thereof, a lawsuit was filed to challenge the constitutionality of certain provisions within Ordinance No. 1057; and

WHEREAS, the Town Council desires to clarify the language contained in Ordinance No. 1057 and eliminate the constitutional challenge based thereon.

NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of Speedway, Indiana finds that:

Section 1. Section 5.48.040(d)(2)(i) of the Speedway Municipal Code and Ordinance No. 1057 shall be amended to read as follows:

"(i) A search warrant may be obtained to inspect the Rental Unit, pursuant to the provision of the Code or IC 36-7-9, to the extent the Tenant or Landlord does not consent to an inspection."

Section 2. Section 5.48.040(e) of the Speedway Municipal Code and Ordinance No. 1057 shall be amended to read as follows:

"(e) Issuance of Rental Unit Permit. Upon receipt of a Rental Unit Application, a Rental Unit Permit Fee, and a favorable inspection report, if conducted, the Town Manager shall issue a Rental Unit Permit for each Rental Unit set forth in the Permit Application complying with this chapter and not in violation of subsection (h). A Rental Unit Permit shall be valid for one (1) year from the date of issuance. A rental Unit Permit issued pursuant to this section is renewable on or before the expiration of such permit, and all renewal permits shall be dated on, or as of, the date the permit would have otherwise expired."