11120-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code

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SUBSTITUTE BILL NO. 20-24 ORDINANCE NO. 11120-24 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 preliminary Engineering review of utilities in the area of the vacation request during the pre -application stage and preparation of a radius map, property 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. 18-53.8 — Request for vacation; criteria, pre -application and staff recommendation; Board of Public Works recommendation (a) Any person interested in vacating all or part of a city street or alley or any other public place or way within the City shall initiate the process through the Engineering Department with a pre -application. The Engineering Department and Department of Community Investment shall review the applicant request based on the criteria approved by the Board of Public Works and provide a staff recommendation to the applicant. (b) Applicants with favorable staff recommendations will be so notified. The Engineering Department will send requests with an unfavorable staff recommendation to the applicant including suggestions for improvement. Any person wishing to continue a vacation request with the Board of Public Works without a favorable staff recommendation, should contact the Engineering Department. (c) Upon payment of a total fee in the amount of Four Hundred Fifty Dollars ($450.00), of which Three Hundred Dollars ($300.00) shall be distributed to the Engineering Department for a review fee and One Hundred Fifty Dollars ($150.00) shall be distributed to the Clerk's Office for publication costs, the applicant may forward their request for vacation to the 1