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[DAWN <br /> n Clerk's Office <br /> BILL NO. 16-22 R 0 R 2022 <br /> ORDINANCE NO. GNES <br /> K,SOUTH BEND, IN <br /> AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, <br /> AMENDING CHAPTER 19, ARTICLE 1,DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19- <br /> 20, 19-21 AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT <br /> CHANGES <br /> STATEMENT OF PURPOSE AND INTENT <br /> The South Bend Municipal Code contains provisions whereby the Board of Park Commissioners <br /> has exclusive jurisdiction and authority regarding the removal of dead and diseased trees or <br /> portions thereof, which constitute a menace to public safety and health wherever located within <br /> the City. The purpose of these amendments is to change the discretionary authority of the Board <br /> to mandatory duties. The amendments also set more specific and mandatory time limits for <br /> notices to landowners and for remediation of the conditions. <br /> NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, as follows: <br /> Section I. Chapter 19, Article 1, Division 2, Section 19-9 is hereby amended to read: <br /> Sec. 19-9.Jurisdiction of Board of Park Commissioners.) <br /> The Board of Park Commissioners shall have the exclusive jurisdiction and authority to do <br /> the following: <br /> (1) Order, control and regulate the sodding, seeding and maintenance of lawns and the <br /> maintaining, planting and removal of trees and shrubs upon, along or within the limits <br /> of the public streets, tree and lawn areas, parks and other public places of the City; <br /> (2) Order, control and regulate the removal of dead and diseased trees or portions thereof, <br /> which constitute a menace to public safety and health wherever located within the City; <br /> (3) Adopt and enforce rules, regulations and specifications relative to paragraphs(1) and <br /> (2) of this section; and <br /> 1Sta;e law reference(s)—Powers of Board of Park Commissioners in certain cities, IC 36-10-4-9. <br />