Amending Chapters 13 and 16 Regulating Nuisamce and Other Offenses

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ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTERS 13 AND 16 OF THE SOUTH BEND MUNICIPAL CODE, REGULATING NUISANCE AND OTHER OFFENSES STATEMENT OF PURPOSE AND INTENT: In order to maintain public health and safety and the aesthetic well being of the community it is necessary to implement ordinances regulating public nuisance and other offenses within the City. This amendment consolidates all such regulations into a single chapter. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I: Chapter 16, Article 8, of the Municipal Code of the City of South Bend, Indiana, is hereby deleted in its entirety and a new Chapter 16, Article 8 is enacted as follows: ARTICLE 8, NUISANCES; PENALTIES nuisance. Section 16 -53 Conditions constituting public (a) In addition to what is declared in this Article and Code to be public nuisance, those offenses which are known to the common law and the statutes of Indiana as public nuisances may, when found to exist within the City limits, be treated as such and be proceeded against as provided in this article and code, or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this article it refers to a public nui- sance. (b) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the City, or any agent thereof, shall permit or allow to remain on or within such property or upon public ways abutting such real property any materials, trash, garbage, debris or any other matter which is detrimental to public health, comfort, safety or to the aesthetic well -being of the community. (c) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter: 1. Litter 2. Grass and weeds over 12 inches high but not including small trees and bushes. 3. Fallen trees, stumps, dead trees and cut brush. 4. Boxes, appliances, furniture, household items, and tires. 5. Demolition remains. 6. Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the City. 7. Accumulated garbage and trash. 8. Automobile parts and scrap metal. 9. Structures defaced with paint or wording.