12/23/2014 Board of Public Works

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REGULAR MEETING DECEMBER 23 2014 381 WHEREAS South Bend Municipal Code Chapter 16, Article 8, Section 16 -54 provides "[w]hen a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring property into compliance and have not done so, the Board of Public Works or its designee may request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property." WHEREAS South Bend Municipal Code Chapter 16, Article 8, Section 16 -55 provides that "[t]he Board of Public Works or its designee shall give forty -eight (48) hours' notice, in writing, to remove from any real or personal property within the City any object or condition which is deemed to be a public nuisance." Further, "[s]uch notice shall be given to the owner of record or his agent, and to any tenant or occupant of the property upon which nuisance exists. Notice to the record owner may be mailed to his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located." WHEREAS South Bend Municipal Code Chapter 16, Article 8, Section 16 -57 provides, "[u]pon the failure, neglect or refusal of any party to whom notice to abate a nuisance... or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Board of Public Works or its designee may abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty -five (45) days after the billing date. Unpaid costs may be made a lien against the property." WHEREAS South Bend Municipal Code Chapter 16, Article 8, Section 16 -58 requires owners or persons in control of vacant lots to keep the lot "free of trash, litter, debris, garbage and similar material." Further, "[a]11 persons owning or controlling vacant lots shall mow the lot or cause it to be mowed before the weeds or grass thereon reach a height of more than nine (9) inches." When the person owning or controlling a vacant lot fails to maintain the lot, South Bend Municipal Code Chapter 16, Article 8, Section 16 -58 permits the Board of Public Works or its designee to provide notice and abate the public nuisance. WHEREAS South Bend Municipal Code Chapter 16, Article 8, Section 16 -61 provides that a person who violates a provision of South Bend Municipal Code Chapter 16 may be fined for each day the person's property is out of compliance with an offense identified by the Board of Public Works or its designee. WHEREAS the Department of Code Enforcement already acts as a designee for the Board of Public Works and performs the duties set forth in South Bend Municipal Code Chapter 16, Article 8, Sections 16 -54, 16 -55, 16 -57, 16 -58 and 16 -61. WHEREAS this Resolution would permit the Department of Code Enforcement to be officially designated as the Department of Code Enforcement as a designee for the Board of Public Works. THAT: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS The Board of Public Works for the City of South Bend hereby designates the Department of Code Enforcement as a designee for purposes identified in South Bend Municipal Code Chapter 16, Article 8, Sections 16 -54, 16 -55, 16 -57, 16 -58 and 16 -61. ADOPTED this 23rd day of December 2014, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Patrick M. Henthorn