20-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code

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Filed in Clerk's OfficF= MAR 2 n 2024 BILL NO.20-24 Bianca Tirada City Clerk, South Bend, ORDINANCE NO. IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 18,ARTICLE 5,TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT Chapter 18, Article 5, of the South Bend Municipal Code provides the procedures for a property owner within the City to vacate all or part of a City street, alley, or other public place or way. Recently, challenges have been identified in the administration of this process by Common Council, the Clerk's Office, and City employees. The proposed amendment will provide for increased opportunities for education by City staff members with property owners seeking a property vacation in order to ensure that proceeding with a vacation is an appropriate solution. The proposed amendment will incorporate Engineering review of utilities in the area of the vacation request and preparation of a radius map,legal description, and list of addresses within the notice range of the vacation request. The proposed amendment will provide for the Board of Public Works to establish clear evaluation criteria to guide review of property vacation requests. The proposed amendment will provide for notice to City departments during the review process and improve notice requirements to property owners within the block affected by the vacation request. The proposed amendment will also provide for clear timelines within which property owners must proceed to filing an ordinance for a property vacation following review by the Board of Public Works,as well as ensuring post-filing review by City staff to check for any changes after Board of Public Works review. This ordinance amendment is necessary for the effective, efficient administration of the City's property vacation process. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 18, Article 5, shall be amended as follows: Sec. 18-53.X—Request for vacation; criteria,pre-application and staff recommendation; Board of Public Works recommendation 1