Substitute Bill 53-17 Amending Solid Waste Collection

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SECTION II. Chapter 16, Article 6, Sections 16-48(m) of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 6. -DISPOSAL SITES AND SANITARY LANDFILLS (Sections. 16-40-47 No changes) Sec. 16-48. - Sanitary landfill operation requirements. (Subparts (a)through (1), and (n)through (q)—no changes ) (m) Scavenging shall be permitted only if salvaged material is removed from the site daily and does not interfere with the orderly operation of the landfill. This Section in no way precludes the right of a landfill operator to prevent scavenging as a part of their h6 operational standards. SECTION III. Chapter 16, Article 8, Sections 16- 55, 56, and Section 59 (b) of the South Bend Municipal Code shall be amended to read in its entirety as follows: See. 16-55. -Notice prior to abatement by City. The Board of Public Works or its designee shall give forty-eight(48)hours'notice,in writing, to remove from any real or personal property within the City any object or condition which is deemed to be a public nuisance under Section 16-53 of this article. Such notice shall be given to the owner of record or their his agent, and to any tenant or occupant of the property upon which nuisance exists. Notice to the record owner may be mailed to their his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located. Sec. 16-56. -Failure to comply with notice to abate. Failure,neglect,or refusal by the record owner or their his agent,or the tenant or occupant,to comply with the terms of the notice given pursuant to Section 16-55 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant to Section 16-55 shall constitute a separate offense under this Article. Sec. 16-59. -Removal of vegetation. (a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9)inches high, but not including small trees and bushes. (b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their his agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. Page 9