70-16 Chronic Nuissance Amendments

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Chronic Problem Property Ordinance Amendments Page 2 issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enf r-ee ent Dep t- the Department of Code Enforcement, the Fire Department and /or the Law Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or 3. A combination of valid complaints and /or ordinance citations issued by a sworn member of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters by the Code Enf ement Depaftmen * the Department of Code Enforcement as further addressed in ¶ 2 herein, which together total not less than five (5) in number issued in a sixty (60) calendar day period. However, 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, such address for a property shall not be considered as a chronic problem property until it has been issued more than twelve (12) verified valid complaints, ordinance citations, letters seeking compliance involving public nuisance activity, as further addressed in ¶ 1 through ¶ 3 herein, in any ninety (90) day period per parcel identification key number of real propert y.2 If a property is zoned commercial as defined in Article 3 of Chapter 21 of the South Bend Municipal Code; or is zoned industrial as defined in Article 4 of the South Bend Municipal Code, or is zoned as a Planned Unit Development (PUD) as defined in Article 5 of Chapter 21 of the South Bend Municipal Code, the provisions of (b) 1, 2, and 3 of this Section are the criteria for a chronic problem property. (c) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (d) City means the City of South Bend, Indiana. (e) Key Number has the meaning set forth in Indiana Code § 6- 1.1- 1 -8.5. (f) Public Nuisance has the meaning set forth in Section 13 -75.5 of the South Bend Munic pal Code Pursuant to Section 9 -2 of Article 1 of Chapter 9 of the South Bend Municipal Code, the official fire prevention code of the South Bend Fire Department has been adopted by reference. z Pursuant to Section 153.010 of Chapter 153 of the St. Joseph County Code of Ordinances, definition of Lot to include "a parcel or portion of land separated from other parcels or portions by description ".