11181-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places

Home Browse Search

BILL, NO. 07-25 ORDINANCE NO. 11181-25 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. (c) Upon payment of a review fee in the amount of Three Hundred Dollars ($300.00), the applicant may forward their request for vacation to the Board of Public Works for the Board's review and recommendation. After payment of the fee referenced in this Section, the Engineering Department shall generate a radius map highlighting the area proposed for vacation, a property description of that same area, and a list of addresses within 150 feet of the property, including all properties within the block containing the vacation petition.The request will be sent to all applicable City Departments for review. (d) The Board of Public Works shall review the request and provide a recommendation, including any improvements or contingencies.The Board will include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward a copy of all Board recommendations to the Clerk's Office within fourteen (14) days of Board action. Sec. 18-53.9. - Petition for vacation; fees; ordinance to approve. 1