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03-14-16 Council Packet & Agenda
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03-14-16 Council Packet & Agenda
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RESOLUTION NO. 67-2015 <br />A RESOLUTION OF THE :BOARD OF PUBLIC WORKS F THE, CITY OF St3iJTH <br />BEND, INDIANA, ADJUSTING THE FEES RELATED TO ABATING NUISANCES <br />AND REMOVING VEGETATION PURSUANT TO INDIANA CODE 3b -7-9 AND 36 -Tµ <br />10;1:AND! SOUT>EI BEl MUlTI�CJrPAL CODE CHAPTER Ib; ARTICLE <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 wilding Law, 36- '7 -9 -1, et <br />al,., including orders to remove trash, debris, fire hazardous material, or a public health hazard in <br />and ab out. 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 3.6 -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's expense, pursuant to South Bend Municipal Code Chapter 16, Article 8, Section 16. -59; <br />and <br />WHEREAS, the Board has the expertise to determine the costs of abating nuisances such <br />as trash, debris, fre hazardous material and public health hazards, and or removing weeds .and <br />rank vegetation, including the cost ofproviding notice; use of equipment and labor, and <br />.administrative costs; and <br />WHEREAS, the Board determines that the fees imposed for nuisance abatement and <br />removal of weeds and rank vegetation should be adjusted from the 2008 schedule to reflect the <br />current cost the City of South Bend incurs providing such services. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. That the Board of Public Works hereby sets forth fees for services in <br />abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, <br />and of removing weeds and rank vegetation from real property. <br />.Section II. The owner, occupant or person in control of the property upon which the <br />public nuisance or rank vegetation exists in violation of South Bend Municipal Code Chapter 16, <br />Article 8., as it may be amended from time to time, shall be charged fees for the cost of <br />equipment, -services and labor incurred by the City in abatement of the nuisance or removal of <br />vegetation, The following fees shall be charged: <br />
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