70-16 Chronic Nuissance Amendments

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Chronic Problem Property Ordinance Amendments Page 3 (g) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (h) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (i) Valid complaint shall refer to a police documented call for service that an incident involving a public nuisance took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. If more than one (1) valid complaint occurs within a twenty- four (24) hour time period, then each valid complaint is considered a separate and distinct event. The term does not include incidents involving an occupant of the premises as the victim of the crime3 or any incident governed by the Health Insurance Portability and Accountability Act (HIPAA) regulations.4 0) Warning notice shall be a written document sent by the South Bend Police Department to any property owner who has received a minimum of three (3) citations and /or valid complaints from the City warning said owner, and the manager /operator who is doing business at that location that upon receiving five (5) such citations and /or valid complaints in a sixty (60) day period that their property would be deemed a chronic problem property. Section II. Section 13 -157 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -157 Violations; notification and limited appeals of being designated by the city as a chronic problem property. (a) The owner of any property within the city of South Bend which is designated by the City as a chronic problem property, as defined in Section 13 -56, is in violation of this Article. The property owner of any designated chronic problem property shall be responsible for bringing such property into compliance with all governing regulations. However, in the event that such chronic problem property is zoned as commercial, industrial or planned unit development as defined in Section 13 -56 the manager /owner /operator who is doing business at that location are jointly and severally responsible for bringing such property into compliance with all governing regulations. (b) The South Bend Police Department shall send a warning notice letter to any property owner, and in the case of the property being zoned commercial, planned unit development 3 Pursuant to IC 35- 40 -4 -8, definition of a victim "a person that has suffered harm as a result of a crime that was perpetrated directly against the person'. 4 Public Law 104 -191, the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") issued by the U.S. Department of Health and Human Services ( "HHS ") establishes a set of national standards for the protection of certain health information.