07-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places

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Filed in Clerk's Office BILL NO. 07-25 r-;""Q 0 5 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, 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. Following significant updates to these procedures in 2024,Council,the Clerk's Office, and City employees have continued working to improve the efficiency and clarity of the alley vacation process and ensure that residents have clear guidance when they petition the City for an alley vacation. The proposed amendment will update several steps in the process, including splitting the timing of the filing payments,modifying the requirements for submitting envelopes to the Clerk's Office, and correcting a scrivener's error in a section reference. 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. 1