Amending Chapter VI Bring the Code into Conformance with the Unsafe Building Law

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ORDINANCE NO. (o 0619 S ' 91 AN ORDINANCE AMENDING CHAPTER VI OF THE MUNICIPAL CODE OF SOUTH BEND TO BRING THE CODE INTO CONFOR- MANCE WITH THE UNSAFE BUILDING LAW OF THE STATE OF INDIANA, INDIANA CODE 18- 5- 5.5- 4(5)(b) and REPEALING CHAPTER 11, ARTICLE 4 OF THE MUNICIPAL CODE. STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of South Bend has determined that unsecured vacant structures pose a serious threat to the safety, health and welfare of the citizens of South Bend. To alle- viate that threat it is necessary to mandate the securing of such structures by a procedure which respects the rights of property owners while recognizing the need for expeditious action to protect the public safety, health and welfare. To that end the Council adopted procedures in conformance with the Unsafe Building Law of the State of Indiana, Indiana Code 18- 5 -5.5. This Ordinance amends the Municipal Code to bring it into conformance with recent amend- ments to that statute. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That Chapter 11, Article 4, is deleted in its entirety and is reserved for future use. SECTION II Article 10 That Chapter 6, Article 10, is added as follows: Vacant Structures. Sec. 6- 39(a). Applicability of Article. This Article shall apply to any structure or any portions of a structure which remain vacant and open for a period in excess of ten (10) days. The incidental use of any vacant structures for storage purposes shall not be deemed to exempt it from the provisions of this Article. (b) Definitions. (1) As used in this Article: (a) Building Commissioner means the duly appointed and acting Building Commissioner of the City and his designees. (b) Sign means and includes any marquee, awning, billboard, name plate or advertising device which pro- jects over, above, or on any portion of the public easements. (c) Structure means any building, regardless of the purpose for which built or used, or any other type of improvement or fixture on real estate. (c) Securing premises. (1) All vacant structures subject to this Article shall be made secure from trespassers in the following manner: (a) All doors and windows of the building shall be locked, nailed shut or barred; .