Bill No. 17-22 Amending Chapter 16, Article 8, Sec.

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BILL NO. 17-22 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code contains provisions whereby the Board of Public Works and the Department of Code Enforcement have the authority,under specified circumstances, to abate nuisances, including the removal of"weeds and rank vegetation." If the landowner or other person entitles to exclusive possession fails to comply with a notice to abate a nuisance or remove from and real or personal property within the City weeds or rank vegetation, the Department of Code Enforcement or its designee may enter the property and abate the violation. The purpose of these amendments is to change the discretionary authority of the Board of Public Works and the Department of Code Enforcement to mandatory duties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 16, Article 8, Section 16-54 is hereby amended to read: Sec. 16-54. Citations. When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring property into compliance and have not done so, the Board of Public Works or its designee shall request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a fine in conformance with Section 16-61,below. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued. Section II. Chapter 16, Article 8, Section 16-57 is hereby amended to read: