11/10/08 Board of Public Works Regular

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REGULAR MEETING NOVEMBER 10, 2008 9 (9 RESOLUTION NO. 82-2008 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ADJUSTING THE FEES RELATED TO ABATING NUISANCES AND REMOVING VEGETATION INDIANA CODE 36-7-9 AND 36-7-10.1 AND SOUTH BEND MUNICIPAL CODE CHAPTER 16, ARTICLE 8 WHEREAS, the Board of Public Works ("Board") has authority to determine the costs for performance of work required by orders issued under the Unsafe Building Law, 36- - - 1, et at., including orders to remove trash, debris, fire hazardous material, or a public health hazard in and about an unsafe premises; and WHEREAS, the Board also has authority to abate nuisances described in South Bend Municipal Code Chapter 16, Article 8, Section 16-53; and WHEREAS, the Indiana Code provision for removal of weeds and rank vegetation, Indiana Code 36-7-10.1-1. et seq., allows municipalities to require property owners to remove weeds and other rank vegetation, and sets forth procedures for giving notice to property owners and removing weeds and rank vegetation at the owner's expense; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, after giving notice to the owner, enter property and remove weeds and rank vegetation at the owner 1) s expense,, pursuant to South Bend Municipal Code Chapter 16, Article 8, Section 16-5.9; and WHEREAS, the Board has the expertise to determine the costs of abating nuisances such as trash, debris, fire hazardous material and public health hazards, and or removing weeds and rank vegetation, including the cost of providing notice, use of equipment and labor, and administrative casts; and WHEREAS, the Board determines that the fees imposed for nuisance abatement and removal of weeds and rank- vegetation should be adjusted to reflect the current cost the City of South Bend incurs providing such services