09-23-19 Health and Public Safety

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•CITYOFSOUTHBEND OFFICE OF THE CLERK Committeemember John Voorde made a motion to send Bill No. 30-19 to the full Council with a favorable recommendation.The motion was seconded by Committee Vice Chair,Karen White and carried with a voice vote of four(4) ayes. Bill No. 38-19-Ordinance Amending Tall Grass and Weeds Councilmember Tim Scott stated, This stems out of the tall grass ordinance that we already have on the books, and a small loophole that we found that can be detrimental into neighborhoods. We actually have a case where by using the current standing of the ordinance, we have a property that has decided that not cutting grass in a wildlife sanctuary was the definition to it. Using this, plus some State rules, they've decided that cutting grass is not an option for them anymore. So, what it's done is cause havoc among Code Enforcement, City Legal Department and also the neighbors. This was brought to my attention, and as originator of the Bill, I wanted to close that. What we did was clarified definitions of noxious weeds, and ranked it as vegetation, in the natural landscaping vegetation. This will not change the property that we have currently that has their wildlife sanctuary, but it will prevent anything going further. Mr. Palmer and I sat down with the City Legal Department and Code Enforcement and we thought that this was the best way to address this. Mr. Palmer stated, When this ordinance was first(1St) enacted a few years ago, the Indiana statute governing tall weeds and grass and other vegetation, did refer to a wildlife habitant certificate. That reference in the State statute has been eliminated. So, that term as used in this ordinance in the past, no longer exists in Indiana law. So, I thought that it was probably best to just eliminate that, which in turn eliminated the need for natural landscaping vegetation. As far as the property and issue that brought this up, I think maybe City Legal and Code Enforcement should look into that as to whether since it is new statute and new ordinance if any penalty or fine or anything with the new prospective homeowner, they should look to the possible reference of this to that plant owner. Committee Chair Jo M. Broden stated, I do have a couple questions. With the wiping out, the elimination of the natural landscape and vegetation, would it help a little in narrowing it just to the hydrophilic vegetation? It felt like it was going too narrow, and perhaps eliminating some of the more favorable plants and things for people doing it the right way. In terms of just definition, the rain gardens, I mean there are some things that we would want to promote. Water control, soil control, I mean there's all kinds of things. So, right now I'm not clear enough on or I guess I'm just feeling uncomfortable about the broadness of striking out the whole natural vegetation. I'm concerned about whether or not our definitions actually cover some of the more progressive things that people are doing or could be doing from an environmental stand point. Then also, I do think the herbicide question, I don't know if there's a way to narrow that. I know some communities have narrowed that use and even outlawed it in terms of the management practice because of the impact on bee population,but even more significantly,to what bees do in terms of pollinating. I'm just not up to speed on that issue to the level that it seems like this might, there might be an opportunity to get some improvements in kind of a local treatment management tools, but I don't know how to narrow that. Councilmember Tim Scott replied, We still have rain gardens in there. We still have hydrophilic plant vegetation, health control rain gardens, that type of thing. Herbicide, I think everybody EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 1TD574.235.5567 www.southbendin.gov 3