40-26 Amending Section 16-53 of the South Bend Municipal Code Regarding Conditions Constituting Public Nuisances

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Filed in Clerk's Office Jul 7, 2026 BILL NO Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 16-53 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES STATEMENT OF PURPOSE AND INTENT The Common Council finds that the preservation of public health, safety, welfare, and neighborhood quality requires clear standards governing the maintenance and use of real and personal property within the City. The Council further finds that the accumulation, storage, and placement of materials, furniture, personal property, and vehicles in a manner that creates health hazards, safety risks, visual blight, or attractive nuisances can adversely affect surrounding properties and the community as a whole. The purpose of this ordinance is to clarify and strengthen the City's nuisance regulations by: (1) Confirming that nuisance conditions may exist regardless of whether materials are deposited directly upon property or stored in containers,trailers,vehicles,or other receptacles not authorized for refuse collection purposes;(2)Providing enforcement tools to address vehicles that, while not meeting the statutory definition of abandoned vehicles,nevertheless create public health, safety, sanitation,or aesthetic concerns through neglect, dismantling,prolonged storage, property damage, or other nuisance conditions; and (3) Promoting safe, clean, attractive, and livable neighborhoods while protecting property owners'rights through objective nuisance standards. It is the intent of the Common Council that these provisions be liberally construed to protect the public health, safety, welfare, and aesthetic well-being of the community and to provide effective remedies for nuisance conditions that adversely affect the use and enjoyment of surrounding properties. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: SECTION I. Chapter 16,Article 8, Section 16-53 of the South Bend Municipal Code shall be amended as follows: Sec. 16-53.Conditions constituting public nuisances. (a) In addition to what is declared in this article and Code to be a public nuisance, those offenses which are known to the common law and the Statutes of Indiana as public nuisances may, when found to exist within the City limits,be treated as such and be proceeded against as provided in this article and Code, or in accordance with any other Created: 2025-07-08 09:33:22 [EST] (Supp.No.62) Page 1 of 4