Amending Chapter 21 Addressing Powers & Duties of the Historic Preservation Commission

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Bill No. Ordinance No. Rly/-90 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21-117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ADDRESSING POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION. STATEMENT OF PURPOSE AND INTENT Regulations addressing historic districts are intended for the purpose of preserving and protecting the "historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of the historic districts. " State law provides that the more restrictive requirements apply if there is ever a conflict between regulations addressing zoning districts and historic districts. Furthermore, state law also authorizes Historic Preservation Commissions to adopt regulations which would prevent "development, alteration, or demolition in the historic district obviously incongruous with the historic district. " The following bill would empower the Building Commissioner, his or her designee and the Department of Code Enforcement to utilize their powers to require compliance to the higher standards of local historic districts. It is believed that this ordinance is in the best interest of preserving and protecting historic districts within 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 21, Article 6.5, Section 21-117.2 (e) (7) of the Municipal Code of the City of South Bend, Indiana, is amended to read as follows: (e) The Historic Preservation Commission may petition the Building Commissioner to--rue- Rte legai-neeits--enftriAreaArehm or his designee and the Department of Code Enforcement to cause the maintenance and/or repair of any historic landmark or property in Historic Preservation District(s) . All appropriate legal remedies at the state and local levels shall be utilized by such officials when seeking compliance with standards established for preserving and protecting historic landmarks and Historic Preservation Districts as further addressed in sub-paragraph (f) herein, which are in accordance with the intent of this article. SECTION II: This Ordinance shall be in full force and effect from and after its passage by the Common Council, Approval by the Mayor, and legal publication.