09-10-01 Residential Neighborhoods

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Commttt port: Zesttitutiai Ybriabborbooks Qtommttt The September 10, 2001 meeting of the Residential Neighborhoods Committee was called to order by its Vice-Chairperson, Council Member Roland Kelly at 4:35 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer, White, Coleman, Kirsits, Varner, and Kelly; Mrs. Lynch, Ann-Carol Nash, Kathy Davis, Jon Hunt, Terry Bland of the 0000 herb tribun and Kathleen Cekanski Farrand, Council Attorney. Council Member Kelly noted that the first item on the agenda was to review Bill No. 80-01 which would amend Chapter 20 of the South Bend Municipal Code to "improve the residential districts and enhance the enforcement of parking requirements in the city of South Bend". Ann-Carol Nash,Assistant City Attorney and Director of Code Enforcement Kathy Davis made the presentation. They noted that the bill is introduced to improve and enable more efficient enforcement in residential neighborhoods. Council Member Kelly asked for examples and Council President Pfeifer asked what was difficult before.. Ms. Nash stated that the bill would permit Code employees to issue citations as opposed to going thru the cunibersome lawsuit process called for currently. Ms. Nash noted that the City would have to prove wilful violation which would no longer be necessary. Council Member Kelly inquired about abandoned vehicles in light of Mrs. Lynch's concern over a burned out vehicle in her neighborhood. Ms. Davis stated that state law requires a wait of twenty (20) days if the vehicle is on private property and a wait of seventy-two(72) hours if on public property. Mrs. Lynch noted that the vehicle was burned on the August 11th and notice was not given until August 19th. Ms. Davis stated that the vehicle was removed today with the assistance of the Police Department acting under safety considerations. The Council Attorney inquired about where the fines would be paid, noting that if they were to be paid to the Ordinance Violation Bureau that amendatory language would be necessary. She also noted that the Bill would have to reference such violations as an "ordinance violation" and reference § 2-213 of the South Bend Municipal Code, which would therefore the Clerk, acting as the Violations Clerk to receive fines up to$ 100.00. Council Member Coleman made a motion, seconded by Council Member White that Bill No. 80-01 as to be amended be recommended favorably to Council. The motion passed. Council Member White inquired what standards are used by the City Administration to determine if a matter is a public safety or public nuisance,so that it can take more immediate action. Ms. Davis stated that they follow state law and work with the Police Department when possible.