Amending Chapter 13 Article 12 Chronic Problem Property Regulations

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Chronic Problem Properties Regulations Ordinance Page 7 any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property.3 (g) A Hearing Officer is authorized to hear limited appeals from owners of a property who have been designated by the City as a chronic problem property. Said appeal shall be limited to the verification of whether said owner has reached the requisite and applicable number set forth in Section 13- 156(b) to be designated as a chronic problem property. Said appeal must be made within ten (10) days of the date of notice being made by the City to the property owner. A hearing before the Hearing Officer for such limited appeals must be held within thirty (30) calendar days of the appeal being filed. Written notice of the date, time and location shall be mailed or personally delivered by the City to said owner. The decision of the Hearing Officer shall be the final administrative action for purpose of judicial review. Sec. 13 -158 Remediation Agreements — Proactive Measures to Reduce Time Designated as a Chronic Problem Property. (a) In the event that a property consists of more than fifty (50) dwelling units which are rented or intended to be rented and are located on a single parcel or lot for which a postal address exists or may exist for each individual unit including residential rental properties, hotels, motels, or other similar properties offering overnight lodging; or if a property is a business establishment required to have a license or permit to sell alcoholic beverages under Title 7.1 of the Indiana Code, and has been designated as a chronic problem property, the owner of such property shall be required to enter into a Remediation Agreement. Such Remediation Agreement shall: 1. Be in writing and signed by the owner or the owner's duly authorized agent of the property designated as a chronic problem property and the South Bend Police Department's sworn police officer(s) assigned to oversee said property's compliance measures; 2. Set forth immediate remedial measures which must be implemented within fourteen (14) days of signing the Remediation Agreement, which establishes thereafter monthly thresholds and needed corrective actions which will be monitored by the Police Department's sworn police officer(s) who were assigned to negotiate the Remediation Agreement with the owner of the subject property or the property's duly authorized agent; 'The wording in this paragraph is similar to that set forth in Section 13 -75.5 of the South Bend Municipal Code addressing disorderly house regulations.