8427-93 Amending Article 5 of Chapter 13 Prohibits the Presence of Disorderly Houses

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(C) Contributing to the delinquency of a minor, as defined in I .C. 35-46-1-8; (d) Resisting law enforcement, as defined in I .C. 35-44-3-3; (e) Disorderly conduct, as defined in I .C. 35-45-1-3; (f) Criminal recklessness, as defined in I .C. 35-42- 2-2; (q) Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal Code; (h) Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal Code, constitutes prohibited conduct whenever the City has obtained a judgment or judgments upon three or more citations for violations of Section 13-57 of the South Bend Municipal Code against a particular building, dwelling, establishment, premises or place within a calendar year. Further, for purposes of this section, when the fine for a Loud and Raucous noise citation is paid, either in whole or in part, the person or entity paving the citation is deemed to have violated Section 13-57 of the South Bend Municipal Code and such a payment constitutes a judgment with respect to that particular citation. (B) Public Nuisance. Whenever prohibited conduct as defined in subsection (3) occurs in or upon a building, dwelling, establishment, premises or place, the building, dwelling, establishment, premises or place is deemed to be a disorderly house and constitutes a public nuisance. (C) Notice to Abate. Whenever the South Bend Police Department has probable cause to believe that prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the recorded owner of the property as determined by the Records of the Assessor' s Office of St . Joseph County, any party with an equitable interest in the property, provided such equitable interest is recorded, and the occupants of the property that the building, dwelling, establishment, premises or place is a disorderly house and as such constitutes a public nuisance and that the public nuisance must be abated. (D) Manner of Serving Notice. Notice shall be provided to the recorded owner of the property, any party with an equitable interest in the property, and the occupants of the property in the manner provided by I .C. 36-7-9-25 . The recorded owner of the property, any party with an equitable interest in the property, and the occupants of the property are deemed responsible for any and all prohibited conduct occurring upon the premises . (E) Penalty. Whenever prohibited conduct occurs upon a property after notice to abate the public nuisance has been provided pursuant to subsection (D) , the prohibited conduct constitutes a violation of this section and such a violation is punishable, upon conviction, by a fine of not less than two hundred and fifty dollars ($250 . 00) and not more than two thousand five hundred dollars ($2, 500 . 00) with each violation constituting a separate offense. The recorded owner of the property, any party with an