03-14-94 Public Works & Property Vacation

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Ctommtttee Z port PUBLIC WORKS AND PROPERTY VACATION COMMITTEE 1T0 tbt QCOmmon QtOtttttii Of OIL tttp Of fiouttj 31BirttO The March 14, 1994, meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Councilmember Steve Luecke at 4:00 p.m. in the Council Informal Meeting room. Persons in attendance included Councilmembers Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; Kathy Dempsey, John Oxian, John Broden, T. Brooks Brademus, Mike Waite, Kenneth Popinski, Don Porter, members of the news media, and Kathleen Cekanski- Farrand. Councilmember Luecke noted that the first item on the agenda was to review Bill No. 16-94 which is a Bill amending Chapter 6,Article 8, Section 6-37 of the South Bend Municipal Code which adopts by reference the Boca NATIONAL PROPERTY MAINTENANCE CODE OF 1993, and sets forth minimum maintenance standards and preservation standards for historic landmarks. Kathy Dempsey,Director of Code Enforcement, made the presentation. She noted that one of the important provisions of the ordinance would be to impose a penalty provision against persons with a substantial interest in the property when the structure is not in compliance with the buildings standards. Additionally, it would update the Boca National Property Maintenance Code and provide minimum maintenance standards for historic buildings. Mr. John Oxian noted that since 1990 the Historic Preservation Commission has taken over jurisdiction of the Historic Districts. In 1991 minimum standards were established. In response to a question raised by Mr. Waite, it was noted that fines range from $25.00 for the first violation$50.00 for the second, and$100.00 thereafter with the maximum fine being$2,500.00 Mr. Kenneth E. Popinski of East Randolph Street spoke in opposition to the Bill. He stated that he believes that there are constitutional problems involving due process. Councilmember Luecke spoke in favor of the proposed Bill and noted that it is in the best interest of the City and would enhance property maintenance throughout our community. Following further discussion, Councilmember Duda made a motion, seconded by Councilmember Ladewski, that Bill No. 16-94 be recommended favorably to Council. The motion passed.