70-16 Chronic Nuissance Amendments

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Chronic Problem Property Ordinance Amendments Page 6 the Gode En f reeme^+ Depai4"' *, Office of the City Clerk, the District Council Member who represents the District where the subject property is located, and all At Large Council Members. (f) The City deems the owner of the property and the residential occupants of the property, and in the case of the property being zoned commercial, planned unit development to the manager /owner /operator who is doing business at that location responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property.5 (g) A Hearing Officer is authorized to hear limited appeals from owners of a property, and in the case of the property being zoned commercial, planned unit development to the manager /owner /operator who is doing business at that location who have been designated by the City as a chronic problem property. Said appeal shall be limited to the verification of whether said person has reached the requisite and applicable number set forth in Section 13 -56 (b) to be designated as a chronic problem property. A hearing before the Hearing Officer for such limited appeals must be held within thirty (30) calendar days of the appeals being filed. Written notice of the date, time and location shall be mailed or personally delivered by the City to said person of record. The decision of the Hearing Officer shall be the final administrative action for purpose of judicial review. The Hearing Officer may recuperate costs or fees associated with a hearing from the Law Enforcement Continuing Education Fund (Fund #220) through a submitted claim form Section III. Section 13 -158 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -158 Remediation agreements — Proactive measures to reduce time designated as a chronic problem property. a) In the event that a property consists of more than fifty (50) dwelling units which are rented or intended to be rented and are located on a single parcel or lot for which a postal address exists or may exist for each individual unit including residential rental properties, hotels, motels, or other similar properties offering overnight lodging; or if a property is a business establishment required to have a license or permit to sell alcoholic beverages under IC tit. 7. 1, and has been designated as a chronic problem property, the owner of such property shall be required to enter into a Remediation Agreement. Such Remediation Agreement shall: 1. Be in writing and signed by the owner or the owner's duly authorized agent of the property designated as a chronic problem property and the South Bend Police Department's sworn police officer(s) assigned to oversee said property's compliance measures; 5 IC 36 }1 1 thFaugh 1C 36 1 10 IC 36 -1 -6 sets forth the governing state law provisions for the enforcement of municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive departments and specifically lists the Law Department, the Police Department, the Fire Department, and the Department of Code Enforcement. the Code Enforcement Pepartm@ .