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70-16 Chronic Nuissance Amendments
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70-16 Chronic Nuissance Amendments
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4/26/2017 10:23:27 AM
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11/10/2016 9:25:53 AM
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Chronic Problem Property Ordinance Amendments <br />Page 8 <br />property; with this process continuing through the duration of the Remediation Agreement. The <br />South Bend Police Department shall be charged with maintaining accurate records and sending <br />monthly updates to the individuals listed in paragraph (b) herein. <br />f) In the event that a property is zoned commercial, industrial, or planned unit <br />development and has been designated as a chronic problem property, the manager /owner /operator <br />who is doing business at that location shall be required to enter into a Remediation Agreement <br />consistent with the provisions of the Section. <br />Section IV. Section 13 -160 of Article 12 of Chapter 13 of the South Bend Municipal Code <br />is hereby amended as follows: <br />Sec. 13 -160 Consequences of Failure to Comply; Civil Penalties; Continuous Abatement; <br />Civil Action by Law Department /Dedication of Portion -o Fees /Fines to the <br />Law. Enforcement Continuing Education Fund (Fund # 220).6 <br />(a) Any property owner violating the provisions of this Article shall be subject to the <br />following civil penalties, fees and procedures: <br />Collection of Repeat Public Nuisance Service Call Fees: In addition to the <br />collection of fines resulting from the issuance of citation(s), the Law <br />Department is authorized to bring civil action against any alleged violator <br />of this Article for all unpaid repeat public nuisance service call fees. <br />2. 0tations Civil Penalties: After a property has been designated as a chronic <br />problem property and placed on the publicly available data set, if the <br />property receives any subsequent citation or valid compliant then the owner <br />will be subject to the next eitatien isseed shall impose a fine a civil penalty <br />of two hundred fifty dollars ($250.00) per citation or valid complaint— <br />, ate <br />f^" eitat °„ issued then -e ft °r which shall be payable through the <br />Office of the City Clerk <br />(b) Continuous Abatement Notice: <br />Any property that has previously been designated a chronic rop blem <br />property, and subsequently removed from the listed up blicly available data <br />set due to compliance, shall be subject to continuous abatement procedures <br />governed by this section. This will serve as notice to the owner that the <br />property will be listed as a continuous abatement property upon a <br />subsequent violation occurring within a six (6) month period since the date <br />of removal from the publicly available data set. Such notice is in compliance <br />with Indiana Code 36 -1 -6, Enforcement of Ordinances. <br />6 Indiana Code § 36- 1 -4 -17 authorized the City to collect any money that is owed the City, including reasonable <br />attorney fees. <br />
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