Amending Chapter 13 Article 12 Chronic Problem Property Regulations

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Chronic Problem Properties Regulations Ordinance Page 9 (e) In the event that the owner or the owner's duly authorized agent complies with the Remediation Agreement in its entirety and if the property has no new ordinance citations issued against it and no new valid complaints for a period of thirty (30) consecutive calendar days, fifteen (15) days shall be subtracted from the time said property has been designated as a chronic problem property; with this process continuing through the duration of the Remediation Agreement. The South Bend Police Department shall be charged with maintaining accurate records and sending monthly updates to the individuals listed in paragraph (b) herein. Sec. 13 -159 Repeat Nuisance Service Call Fees for Chronic Problem Properties; Notice.5 (a) The South Bend Police Department and the Code Enforcement Department shall file semi- annually with the Office of the City Clerk, a record of the cost to respond to a call for service based on the type of call for service, type of property, type of personnel and equipment. The first filing of said records shall be made on or before September 15, 2013, with all filings thereafter being made on or before the first Monday in January and the first Monday in July. Each department shall use reasonable and uniform criteria in developing such data and fees for such services. The record of costs shall remain in effect until a new record of costs is filed with the Office of the City Clerk. (b) The property owner shall incur repeat nuisance service call fees for a property designated by the South Bend Police Department as a chronic problem property if the property owner has first been provided written notice of that designation, with such fees being consistent with the record of costs on file as provided in subsection (a) of this section. All fees are due and payable within thirty (30) days of the date of such notice. Sec. 13 -160 Penalties; Civil Action by Law Department/ Dedication of Portion of Fees /Fines to the Law Enforcement Continuing Education Fund (Fund # 220)6 (a) Any property owner violating the provisions of this Article shall be subject to the following penalties: 1. Collection of Repeat Nuisance Service Call Fees: In addition to the collection of fines resulting from the issuance of citation(s), the Law Department is authorized to bring civil action against any alleged violator of this Article for all unpaid repeat nuisance service call fees. 5 Indiana Code § 36 -1 -3 -8 requires fees to be related to the cost of the service so that they are "reasonable and just ". 6 Indiana Code § 36- 1 -4 -17 authorizes the City to collect any money that is owed the City, including reasonable attorney fees.