10903-22 Ordinance Amending Chapter 2, Article 19 to Appoint City Controller as Violation Bureau Clerk

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BILL NO. 68-22 ORDINANCE NO. 10903-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS STATEMENT OF PURPOSE AND INTENT Indiana Code 33-36-2-1 permits the establishment of an Ordinance Violations Bureau and the appointment of a Violations Clerk; Indiana Code 33-36-2-3 permits the Violations Clerk to accept written appearances, waivers of trial, admissions of violations, and payments of civil penalties up to the maximum amount permitted by Indiana law(IC 33-36-2-3(4))which is currently Two Hundred Fifty Dollars ($250.00)and according to the schedule set forth in Chapter 2 Article 19 of the City of South Bend Municipal Code in ordinance violation cases; Chapter 2 Article 19 of the City of South Bend Municipal Code sets forth the roles and responsibilities of the Violations Clerk; and It is believed that the continued establishment of an Ordinance Violations Bureau is in the best interests of the City, and that it is further believed that it is in the best interests of the City to designate the City Controller as the Violations Clerk. By designating the City Controller as the Violations Clerk in Chapter 2,Article 19, Section 212 of the Municipal Code, certain changes to other Chapters and Sections of the South Bend Municipal Code are required for consistency, and are also made through this Ordinance. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 2,Article 19, Section 2-212 is hereby amended to read as follows: Sec. 2-212 Created; administrator; powers and duties of Bureau (a) An Ordinance Violations Bureau is established for the City. (b) The City Clerk City Controller shall be appointed the Violations Clerk and shall be the administrator of the Bureau. (c) The Ordinance Violations Bureau shall have all power and duties authorized by state law and within the dollar limits of State law. SECTION II. The following Sections of Chapters 13 and 20 of the South Bend Municipal Code are hereby amended to read as follows: Chapter 13, Article 12, Sec. 13-160(a)(2) Civil Penalties: Civil Penalties: After a property has been designated as a chronic problem property and placed on the publicly available data set, if the property receives any subsequent citation or valid sit complaint, then the owner will be subject to a civil penalty of two hundred fifty dollars ($250.00) per citation or valid complaint which shall be payable through the Office of the City Clerk Violations Clerk. Chapter 20,Article 1, Sec. 20-23.1 Ci elerk Violations Clerk discretion to grant amnesty from fines and penalties; exception.