Amend Section 13-75.5 - To define Ownership of Disorderly Houses and provide for security and safety of vacant buildings

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Any party with an equitable interest in the property. provided that such equitable interest is recorded; and ~ The trustee of a land trust if the land trust holds title to such property. {~~ For purposes of this section, occupant means any person over sixteen (16) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred. For purposes of this section vacant means a building which is lacking the habitual presence of human beings who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased. {~}~ For purposes of this section, prohibited conduct means activities occurring in violation of the statutes or ordinances relating to any of the following: a. Gambling, as defined in I.C. 35-45-5-1; b. Battery, as defined in I.C. 35-42-2-1; c. Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8; d. Resisting law enforcement, as defined in I.C. 35-44-3-3; e. Disorderly conduct, as defined in I.C. 35-45-1-3; f. Criminal recklessness, as defined in I.C. 35-42-2-2; g. Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal Code; h. Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal Code, constitutes prohibited conduct whenever the City has obtained a jtrdget judgment or jtt~#ge~e~tts judgments upon three or more citations for violations of Section 13-57 of the South Bend Municipal Code against a particular building, dwelling, establishment, premises or place within a calendar year. Further, for purposes of this section, when a person or entity pays the fine for a loud and raucous noise citation-ts-pa~ie}, either in whole or in part, the person or entity paying the citation is deemed to have violated Section 13-57 of the South Bend Municipal Code and such a payment constitutes a errt judgment with respect to that particular citation.- i i. Failure to kee vacant ro ert secured a ainst ent ~ in violation of Sections 6-37 or 9-2 of the South Bend Municipal Code, or I.C. 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the City has issued a citation for the violation, issued an order to secure, or taken action to abate the condition. L Failure to comply with Section 16-53, (Conditions Constituting Public Nuisances) Section 16-58, (Duties of Owners orPersons in Control of Vacant Lots), or Section 16- 59 (Removal of Vegetation) of the South Bend Municipal Code constitutes prohibited conduct whenever the City has verified with the Department of Code Enforcement that such violation has occurred at the property three or more times within a calendar year. Such violation constitutes