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ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE DIRECT ENFORCEMENT PROCEDURES FOR CERTIFICATE OF APPROPRIATENESS AND MINIMUM MAINTENANCE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The present version of Article 6.5, Chapter 21, of the Municipal Code does not provide means for direct enforcement by Historic Preservation Commission staff to enforce Historic Preservation Ordinances. Rather, it requires the Historic Preservation Commission to rely on the staff of other departments. Consequently, a property in violation of this article of the mu- nicipal code is reviewed by our inspector, who then notifies either Code Enforcement or the Building Department, whose staff then inspect the property again, before tagging it themselves. This wastes man hours and delays the stoppage of unapproved work. This proposed amend- ment would afford the Historic Preservation Commission staff the ability to enforce the munici- pal code directly by granting the HPC Staff authority to "red tag" violations by attaching stop work notices to the premises. It would also grant the Commission authority to petition the courts to levy specified amounts as fines for violations. It would clarify Article 6.5, Chapter 21 of the Municipal Code by creating a procedure for handling violations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 21, Article 6.5, of the South Bend Municipal Code shall be amended to add a new Section 21-117.4 entitled Enforcement Procedures, to read as follows: Section 21-117.4. Enforcement Procedures., The Historic Preservation Commission, by its staff, shall have the Dower to enforce the provisions of this article by means of: A. "red tauuina." or issuinu "stop work" notices attached to the premises where work is, occurring in violation of this article. and B. Petitioning the apnropriate Court for the levvin2 of a fine upon anv property owner who shall have knowingly violated this article. Fines levied by a court pursuant to this article, shall be equal to those defined in Section 6-37. Article 8(h) of the South Bend Municipal Code, i.e., not less than fifty dollars ($50.00) for the first day of violation, a fine of not less than one hundred dollars ($100.00) for the second day of violation and a fine of not less than two hun-, dred dollars ($200.00) for every day of violation thereafter with each dau of violation