Amending Chapter 13 entitled Real Estate which is used for the Illegal use or sales of narcotics or controlled dangerous substances

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• Bill No. Ordinance No. 8',2 6),2- 9 l AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13-75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." STATEMENT OF PURPOSE AND INTENT The Common Council and the City Administration have determined that this amendment to Chapter 13 , Article V, of the South Bend Municipal Code, entitled "Offenses Relating to Property" , is necessary. The following bill will give the police department and other departments and agencies of the City of South Bend another tool to use in building a stronger, safer City. This bill is deemed to be in the best interest of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I : Chapter 13 , Article V, of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of a section, Section 13-75.1, which shall read in its entirety as follows: Section 13-75.1 Real Estate Which Is Used For the Illegal Use Or Sales Of Narcotics Or Controlled Dangerous. Substances. (a) PURPOSE. The Council finds it to be in the interest of the residents of the City of South Bend and the general public to provide for the regulation of conduct it deems to ;be offensive; to prevent vice, disorder, and immorality; and to promote public peace, health and safety, and to this end the council enacts this section. (b) PERMITTING USE OF REAL ESTATE FOR ILLICIT DRUG ACTIVITY. No •erson who has le•al or equitable ownershi• of real estate located in the City of South Bend shall knowingly allow that real estate to be used as a site for any use or sale of illicit narcotics or controlled dangerous substances, after having received written notice pursuant to I.C. 36-7-9-25, from the City of South Bend or any agency or political subdivision thereof that a present occupant or tenant of that property has been using or selling illicit narcotics or controlled dangerous substances or allowing the using or selling of illicit narcotics or controlled dangerous substances at that property. A legal or equitable owner of such real estate is deemed to have knowled•e of such activit u•on receipt of notice as set forth herein. (c) NOTICE. Notice is deemed to be given to the owner, upon receipt of Notice, as indicated above, by the owner of record pursuant to the St. Joseph County Assessor' s Office Records. (d) DISCRIMINATION FORBIDDEN. Nothing in this section shall be construed to encourage or authorize the discrimination by lessors against any person(s) based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this section to hold persons accountable for acquiescencing in or participating in the continued use of his/her property as the location of illegal drug activity, after having received notice as set forth in section "c" above.