Laserfiche WebLink
ORDINANCE NO, g (n`3-n{ <br /> AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL <br /> AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH <br /> BEND MUNICIPAL CODE REGARDING CONDITIONS <br /> CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING <br /> THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE <br /> AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS <br /> AND RANK VEGETATION ON TAX DUPLICATE FOR <br /> THE PROPERTY AFFECTED. <br /> Statement of Purpose and Intent <br /> The State legislature has enacted a statute which authorizes <br /> the legislative body of municipal corporation to collect <br /> outstanding invoices for removal of weeds and rank vegetation by <br /> placing the amount due and owing on the tax duplicate for the <br /> property affected. I .C. 36-7-10 . 1 provides that the Department <br /> of Code Enforcement shall certify to the Auditor of St . Joseph <br /> County the amount of the unpaid bill plus any administrative <br /> costs incurred in the certification. The statute further <br /> provides that an ordinance will greatly streamline the Department <br /> of Code Enforcement' s collection efforts in the area of clean ups <br /> for weeds and rank vegetation while at the same time preserving <br /> the due process rights of the affected property owners . <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH <br /> BEND, INDIANA, as follows : <br /> Section I. Chapter 16, Article 8, Section 16-53 of the South <br /> Bend Municipal Code shall be, and hereby is, amended to read as <br /> follows: <br /> Sec. 16-53. Conditions constituting public nuisances. <br /> (a) In addition to what is declared in this article and <br /> Code to be a public nuisance, those offenses which are known to <br /> the common law and the Statutes of Indiana as public nuisances <br /> may, when found to exist within the City limits, be treated as <br /> such and be proceeded against as provided in this article and <br /> Code, or in accordance with any other provisions of law. <br /> Wherever the word "nuisance" is used in this article it refers to <br /> a public nuisance. <br /> (b) No owner, occupant, tenant, or any other person having <br /> a substantial interest in any real or personal property within <br /> the City, or any agent thereof, shall permit or allow to remain <br /> on or within such property or upon public ways abutting such real <br /> property any materials, trash, garbage, debris or any other <br /> matter which is detrimental to public health, comfort, safety or <br /> to the aesthetic well-being of the community. <br /> (c) The following conditions shall be considered to <br /> constitute public nuisances for the purpose of this chapter: <br /> (1) Litter. <br /> (2) Grass and weeds over twelve (12) inches high, but <br /> not including small trees and bushes . <br /> (3) (2) Fallen trees or branches, stumps, dead trees, <br /> cut brush, fallen or cut limbs. <br /> (4) (3) Boxes, appliances, furniture,household items <br />