04-11-2022 Agenda Packet - Laserfiche WebLink

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