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