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