11/26/07 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 2007 Listing, which by the City's count could be several hundred. She stated that she would expect if this ordinance is passed that all vacant homes would have to comply, not certain neighborhoods. She stated that she believes it is not the Council's intent to have the homeowner that has been transferred and perhaps their home is for sale for more than 90 days, that it should be considered an abandoned home and have to hire a property manager. The definition of abandoned is to give up completely to desert. Homes are taking longer to sell in this marketplace and 90 days is not unusual. These homes are not deserted they just don't have residents at the moment. Ms. Roush questioned by estate situations would be excluded, that is confusing to her. There are responsible parties for homes that are left in an estate. If the City chooses to give exclusions to estates, then why not exclude homes in foreclosure, and perhaps those in the hands of bankruptcy trustees. As far as availability 24 hours a day, she shared the instance that she got up in middle of the night to take care of a property because the neighbor called and said that it had been broken into. She stated that she was the one that had five shot guns pointed by the SBPD, they were doing their job, but she was in their scope. Ms. Roush stated that she is dedicated to her career, but she cannot do anything in the middle of the night, so she stated that someone like here could not be available 24 hours a day. She stated that is an unrealistic goal. She stated that insuring vacant homes has been a problem, it is unrealistic that they have to find at any cost and insurance company to insure vacant homes when even the State of Indiana in their insurance pool will not insure vacant homes. If the City forces vacant homeowners to insure their property for liability then the occupied homes must do the same. Unfortunately, the occupied home could burn down and damage the vacant home as easily as the vacant home could burn down and damage the occupied home. The City has access to the seller disclosure form that is filed with the St. Joseph County Auditor. The names and phone number of the seller and buyer are listed on the form. She noted that the bottom line is that the careless homeowners are not going to voluntarily register their properties. She compared this ordinance as it is written today in comparison to eradicating mold, if you don't take care of the water problem, you won't get rid of the mold. If you don't take care of why the houses are vacant, the problem of vacant homes will not be solved. Mr. Michael Rans, 1109 E. Wayne, South Bend, Indiana, stated that he is the President Elect of the Greater South Bend/Mishawaka Association of Realtors. He stated that he is not totally against this ordinance, but thinks that it has not been totally thought through. He stated that there are people who go to Florida for several months out of the year. He questioned whether those owners would have to register their homes and questioned whether those people would want others to know that they are not home. Mr. Rans would like the bill tabled until more information and input could be brought to the table. He stated that he is against the way the bill is written today. Mr. Raymond Kerr, 1334 Roelke Drive, South Bend, Indiana, stated that he owns three properties in the City of South Bend. He stated that he just paid over $8,500.00 in property taxes to the St. Joseph County Treasurer's Office on November 13, 2007. He also owns a property at 240 S. Meade St. Mr. Kerr stated that it sadden him very much to learn from an employee who contacted him recently that his mother house was used as a backdrop for a new story that WNDU ran about vacant housing in South Bend. He stated that this home is not vacant; he resided in it himself, until February 2005. He noted that he wised to remain in the home, because he believes that he was a positive role model in the LaSalle Park Area. However, the reason that he moved from that home was because of the odor problem that originates from the sewers that passes along Meade Street. It is the same sewer problem that has plagued St. Adalbert's Church and School. He noted that the odor almost knocked out several police officers' that were investigating a crime on Olive Street. This odor comes from the Ethanol Plant which the pipe passes along Calvert St. heading east it comes up north on Olive and passes Meade St. just one block from St. Adalbert's. The home has this odor permeating from it and in good faith could not rent to anyone or sell it to anyone. Mr. Kerr stated that per his physician he should not live in it. He stated that both of his parents died in this home with that odor. He stated that his mother's caregiver sought to get something done about the odor. Anew line was run from the home to the street, but that did not correct the problem. Mr. Kerr stated that the problem begins at the Ethanol Plant. He stated that he is not against the Ethanol Plant and all the jobs that it brings to the community nor is he against the 10