09-27-06 Community & Economic Development

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Health and Public Safety Committee 2006 South Bend Common Council The September 27, 2006 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 4:03 p.m., in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, White and Puzzello; Assistant City Attorney Ann-Carol Nash, Police Chief Thomas Fautz, Captain Wanda Shock, Jamie Loo of the South Bend Tribune, Lizzi Shappell, Bill Andrickik, Josph Paquesi, Liz Kozlow, Krystal Hardy, members of the new media, and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted tha# the Committee Members include Council Members Varner, Kuspa, Puzzello, and herself as Chairperson. Council Member White welcomed the student leaders from the University of Notre Dame to the Committee meeting. She noted that she had met with their Student Body President and their Community Relations Committee Chairperson approximately one (1) month ago to discuss their concerns regarding the City's Disorderly House Ordinance which is codified in the South Bend Municipal Code at § 13.7'5.5. She stated that there were several handouts which included aone- page agenda, the Committee's "Safety First When Having Fun in South Bend" brochure, the Legal Department's brochure entitled "Disorderly House Ordinance: What You Need to Know", and the Council Attorney"s multi-page memorandum dated September 26, 2006 (copies attached}. Council Member White then called upon the Council Attorney to give the legislative history on the Disorderly House ordinance, The Council Attorney highlighted key portions of her memorandum noting that the Council passed Ordinance No. 9602-05 on July 25, 2005 by a vote of 8-1. It was proposed by Police Chief Thomas Fautz, the Legal Department and the Code Enforcement Department and went through a series of public hearings before the Health and Public Safety Committee, before being enacted by the Common Council. Assistant City Attorney Ann-Carol Nash then reviewed the day-to-day enforcement procedures of the ordinance. She Hated that it is similar to the drug house ordinance, which has been in effect since the early 1990's. If Code Enforcement documents that illegal activity has taken place at a location, the matter is referred to the Legal Department. Notice to abate is then sent to the property owner of record, which acts as notice of the illegal activity. If there is a repeat violation at that location, then the property owner could face legal action with violations including a fine of up to $2,500 for each day of violation. She sees the ordinance as a good tool, Hating that the City typically has not taken action