Approving Code Enforcement Costs Imposed on Property Owners for Clean-up

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RESOLUTION NO. 33�A-0�-\ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING CODE ENFORCEMENT COSTS IMPOSED ON PROPERTY WHEREAS, the City Department of Code Enforcement has acquired a lightning loader which is used to clean up property after its owner has been given an initial opportunity to perform cleanup; and WHEREAS, the rate of $75.00 per hour is recommended by the City Department of Code Enforcement as a reasonable rate to charge for its cleanup services using the lightning loader based on the hourly cost of similar vehicles and the operation costs including fuel, maintenance, and labor; and WHEREAS, the cost to an owner of performing the same work or hiring a third party to perform the work is not an appropriate basis for cost setting or comparison because property owners should retain a financial incentive to do their own cleanup; and WHEREAS, the Board of Public Works at its meeting held May 10, 2004 approved the charge of $75.00 per hour to property owners by the Code Enforcement Department for property cleanup using the lightning loader. NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South Bend, Indiana as follows: Section I. The charge to the public of $75.00 per hour by the Department of Code Enforcement for cleanup services performed with the lightning loader is hereby and in all ways approved and ratified as of May 10, 2004. Section II. A copy of this Resolution shall be available for public inspection in the main office of the Department of Public Works and the Code Enforcement Department. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED G �i ADOPTED. / 0- 2L3 -0 Member, South Bend Common Council Filed In Clerk's WIN 1634 JOHN VOORDE