Amending Various Sections of Article 12 of Chapter 13 of the South Bend Municipal Code Addressing Chronic Problem Property Regulations

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Chronic Problem Property Ordinance Amendments Page 8 (15) days shall be subtracted from the time said property has been designated as a chronic problem property; with this process continuing through the duration of the Remediation Agreement. The South Bend Police Department shall be charged with maintaining accurate records and sending monthly updates to the individuals listed in paragraph (b) herein. f) In the event that a property is zoned commercial, industrial, or planned unit development and has been designated as a chronic problem property, the manager /owner /operator who is doing business at that location shall be required to enter into a Remediation Agreement consistent with the provisions of the Section. Section IV. Section 13 -160 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -160 Consequences of Failure to Comply; Civil Penalties; Continuous Abatement; Qvi Action by Law Department/Dedication of Portion -of Fees/Fines to the Law Enforcement Continuing Education Fund (Fund # 220).6 (a) Any property owner violating the provisions of this Article shall be subject to the following civil penalties, fees and procedures: 1. Collection of Repeat Public Nuisance Service Call Fees: In addition to the collection of fines resulting from the issuance of citation(s), the Law Department is authorized to bring civil action against any alleged violator of this Article for all unpaid repeat public nuisance service call fees. 2. Gkatie Civil Penalties: After a property has been designated as a chronic problem property and placed on the publicly available data set, if the property receives any subsequent citation or valid compliant, then the owner will be subject to the next eitation issued shall impose ° fine a civil penalty of two hundred fifty dollars ($250.00) per citation or valid complaint for every eitatien issued ther-eafte which shall be payable through the Office of the City Clerk (b) Continuous Abatement Notice: 1. Any property that has previously been designated a chronic problem property, and subsequently removed from the listed publicly available data set due to compliance, shall be subject to continuous abatement procedures governed by this section. This will serve as notice to the owner that the property will be listed as a continuous abatement property upon a subsequent violation occurring within a six (6 ) month period, since the date of removal from the publicly available data set. Such notice is in compliance with Indiana Code $ 36 -1 -6. Enforcement of Ordinances. 6 Indiana Code § 36- 1 -4 -17 authorized the City to collect any money that is owed the City, including reasonable attorney fees.