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LFd <br />in Clerk's Office <br />BILL NO. 16-22 <br />t PR 0 6 202Z <br />ORDINANCE NO.ECLERK. 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 />State law reference(s)—Powers of Board of Park Commissioners in certain cities, IC 36-10-4-9.