HomeMy WebLinkAboutAmending Various Sections of Article 12 of Chapter 13 of the South Bend Municipal Code Addressing Chronic Problem Property RegulationsORDINANCE No. ,o<
Passed by the Common Council of the City of South Bend, Indiana
November 28, 20 16
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
November 28, 20 16
Approved and signed by me ner-emj2e.12 Co 20 UP
City Clerk
President of Common Council
City Clerk
i i� �
SUBSTITUTION
Bill No. 710-1 (D
Ordinance No. 104k8 3 —1 to
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13
OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING
CHRONIC PROBLEM PROPERTY REGULATIONS
STATEMENT OF PURPOSE AND INTENT
On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232 -13,
which created the original chronic problem property regulations.
On November 10, 2014, the Council passed Ordinance No. 10338 -14. Those new chronic
problem property regulations placed the responsibility on businesses for their actions or inactions
if they are located within commercial, industrial or PUD zoned areas.
To date, all of these regulations have assisted the City of South Bend in addressing in a
reasonable and proactive manner many problem properties throughout the city.
This ordinance is designed to improve and streamline implementation and enforcement
procedures with reasonable notice to affected property owners. It sets forth continuous abatement
penalties and fees for repeat nuisance properties within a certain time frame; includes the addition
of letters issued by the Fire Department; and language to provide addition protection to victims of
a crime. After consideration and discussion with local apartment communities, a scalable function
has been included for property consisting of more than fifty (50) dwelling units. All of these
proposed changes are believed to be in the best interests of the City of South Bend, Indiana.
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Section I. Section 13 -156 of Article 12 of Chapter 13 of the South Bend Municipal Code is
hereby amended as follows:
See. 13 -156 Definitions.
As used in this Article:
(a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is
necessary and in the interest of the general health, safety and welfare of the City.
(b) Chronic Problem Property is a property which meets the following criteria:
1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any
criminal offense governed in Title 3 5 of the Indiana Code, and /or ordinance citations being
Chronic Problem Property Ordinance Amendments
Page 2
issued for a violation of the South Bend Municipal Code which occurred on the property
and resulted in a police response and police documented call for service; or
2. Has had not less than five (5) letters issued by the !ode Err^re°mo„t Dop ,, t lent the
Department of Code Enforcement, the Fire Department, and/or the Law Department in
sixty (60) calendar days which sought compliance by the property owner with section(s)
of the South Bend Municipal Code; or
3. A combination of valid complaints and /or ordinance citations issued by a sworn member
of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters
by the Code Enf re °mepA r,°r,,,.,-,ne the Department of Code Enforcement as further
addressed in ¶ 2 herein, which together total not less than five (5) in number issued in a
sixty (60) calendar day period.
However, in the event that a property consists of more than fifty (50) dwelling units which are
rented or intended to be rented and are located on a single parcel or lot for which a postal address
exists or may exist for each individual unit including residential rental properties, hotels, motels,
or other similar properties offering overnight lodging, such address for a property shall not be
considered as a chronic problem property until it has been issued more than twelve (12) verified
valid complaints, ordinance citations, letters seeking compliance involving public nuisance
activity, as further addressed in ¶ 1 through ¶ 3 herein, in any ninety (90) day period per parcel
identification key number of real propert X.2
If a property is zoned commercial as defined in Article 3 of Chapter 21 of the South Bend
Municipal Code; or is zoned industrial as defined in Article 4 of the South Bend Municipal Code,
or is zoned as a Planned Unit Development (PUD) as defined in Article 5 of Chapter 21 of the
South Bend Municipal Code, the provisions of (b) 1, 2, and 3 of this Section are the criteria for a
chronic problem property.
(c) Citation shall mean an act which is prohibited or an offense which is punishable under the
South Bend Municipal Code for which a written ordinance violation citation was issued by the
Police Department requiring payment of a fine to the Ordinance Violations Bureau.
(d) City means the City of South Bend, Indiana.
(e) Key Number has the meaning set forth in Indiana Code § 6- 1.1- 1 -8.5.
(f) Public Nuisance has the meaning set forth in Section 13 -75.5 of the South Bend Municipal
Code
I Pursuant to Section 9 -2 of Article 1 of Chapter 9 of the South Bend Municipal Code, the official fire prevention code
of the South Bend Fire Department has been adopted by reference.
2 Pursuant to Section 153.010 of Chapter 153 of the St. Joseph County Code of Ordinances, definition of Lot to include
"a parcel or portion of land separated from other parcels or portions by description ".
Chronic Problem Property Ordinance Amendments
Page 3
(g) Police documented call for service shall mean when a sworn member of the Police
Department is dispatched or deployed to respond to an incident at a specific location as a police
response.
(h) Police response shall mean any and all police action needed to protect the health, safety
and welfare of inhabitants of a property or location where valid complaint(s) have been
documented, with such police response being subject to the governing rules and regulations of the
Police Department.
(i) Valid complaint shall refer to a police documented call for service that an incident
involving a public nuisance took place at a specific property requiring sworn police personnel to
be dispatched or caused to respond. If more than one (1) valid complaint occurs within a twenty-
four (24) hour time period, then each valid complaint is considered a separate and distinct event.
The term does not include incidents involving an occupant of the premises as the victim of the
crime or any incident governed by the Health Insurance Portability and Accountability Act
(HIPAA, ) regulations.4
0) Warning notice shall be a written document sent by the South Bend Police Department to
any property owner, and the applicable property address, who has received a minimum of three
(3) citations and /or valid complaints from the City warning said owner, and the manager /operator
who is doing business at that location that upon receiving five (5) such citations and /or valid
complaints in a sixty (60) day period that their property would be deemed a chronic problem
property.
Section II. Section 13 -157 of Article 12 of Chapter 13 of the South Bend Municipal Code
is hereby amended as follows:
Sec. 13 -157 Violations; notification and limited appeals of being designated by the city as
a chronic problem property.
(a) The owner of any property within the city of South Bend which is designated by
the City as a chronic problem property, as defined in Section 13 -56, is in violation of this Article.
The property owner of any designated chronic problem properly shall be responsible for bringing
such property into compliance with all governing regulations. However, in the event that such
chronic problem property is zoned as commercial, industrial or planned unit development as
defined in Section 13 -56 the manager /owner /operator who is doing business at that location are
jointly and severally responsible for bringing such property into compliance with all governing
regulations.
s Pursuant to IC 35- 40 -4 -8, definition of a victim "a person that has suffered harm as a result of a crime that was
perpetrated directly against the person ".
a Public Law 104 -191, the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") issued by the U.S.
Department of Health and Human Services ( "HHS ") establishes a set of national standards for the protection of certain
health information.
Chronic Problem Property Ordinance Amendments
Page 4
(b) The South Bend Police Department shall send a warning notice letter to any
property owner, and the applicable property address, and in the case of the property being zoned
commercial, planned unit development to the manager /owner /operator who is doing business at
the location, when the property address has been subject to a minimum of three (3) verged valid
complaints and /or ordinance citations and /or letters issued by the Police Department, the Fire
Department, the Gode Eaf ,.^°,..,°„+ n °r^ ,,aenl the Department of Code Enforcement and/or the
Law Department, advising said person that when the City verifies that said number increases to
the thresholds in the definition of a chronic problem property, it shall be so designated. The Police
Department, the Fire Department, the Code e the Department of Code
Enforcement and the Law Department shall update their data on a regular and consistent basis and
electronically transmit it to the assigned police officer(s) of the South Bend Police Department
whose responsibilities include overseeing the warning notice letter process.
(c) When designating a specific property as a chronic property, the assigned police
officer(s) in the South Bend Police Department, shall review and verify:
1. The number of police documented calls for service, the number of verged valid
complaints and ordinance citations issued by the Police Department to a property
address in the applicable sixty (60) or ninety (90) day period; and
2. The number of ordinance citations and/or compliance letters sent by the God
the Department of Code Enforcement and the Fire
Department. As well as, the number of compliance letters sent by the Police
Department and the Law Department to a property address in the applicable sixty
(60) or ninety (90) day period;
Once designated as a chronic problem property by the assigned police officer(s) in the South Bend
Police Department, said property shall remain so designated and tracked on a
publicly available data set for compliance /enforcement purposes for one (1) year from the date of
designation. Said assigned pollee eft; ^ °rr °` The Office of Innovation and Technology shall see
that the malr4x publicly available data set shall be regularly updated and prominently posted on
the City's Open Data Portal website. Said designation shall only be removed upon action by the
Law Department after reviewing documentation from the Police Department, the Fire Department
and the Code Enf r-eeme + Depaftme the Department of Code Enforcement confirming that the
subject property has not been the subject of aver-ired valid complaint or code violation for a period
of not less than three hundred sixty five (365) continuous days, unless credited per the regulations
set forth in Section 13 -158.
(d) The South Bend Police Department shall notify in writing to the property owner,
and in the case of the property being zoned commercial, industrial or planned unit development to
the manager /owner /operator who is doing business at that location, that his/her property location
has been designated as a chronic problem property. Said notification shall be mailed to the
applicable property address and delivered in person by an individual designated by the City, by
leaving a copy of the notification personally to the person to be notified, by leaving a copy of the
notification as set forth below, with such notification being documented by the City in their
records; or by sending the notice to the property owner, and in the case of the property being zoned
Chronic Problem Property Ordinance Amendments
Page 5
commercial, planned unit development to the manager /owner /operator who is doing business at
that location, by priority mail which is tracked on line with the City tracking the date said
notification was delivered. The notification shall be sent to the property owner's residence or usual
place of business, or in the case of the property being zoned commercial, planned unit development
to the manager /owner /operator who is doing business at that location which is on record in the
Assessor's office or other public office including but not limited to the Area Plan Commission,
Office of the City Clerk, and /or the Department of Administration and Finance Business Licensing
Division. This notification shall identify:
1. The property owner, and in the case of the property being zoned commercial,
planned unit development to the manager /owner /operator who is doing business at
that location, and list the specific address that has been designated as a chronic
problem property;
2. The number of Police documented calls for service involving verified valid
complaints, the number of ordinance citations issued, the number of letters issued
by the Police Department, the Fire Department, the Department of Code
Enforcement the Code Enf reement r,°p,,Ari,e , and/or the Law Department, or
any combination thereof which have occurred on said property in the applicable
sixty (60) or ninety (90) calendar day period:
3. The cost(s) which may be incurred if there are any future ver-ifie d valid Police
documented calls for service to the property;
4. The cost(s) which may be incurred for any future background investigations and/or
issuance of letter(s) by the Police Department, the Fire Department, the Departingnt
of Code Enforcement and/or the Law
Department;
5. The individual and his/her city contact information including the name, position,
mailing address, telephone & fax numbers and email address to whom the property
owner and in the case of the property being zoned commercial, planned unit
development to the manager /owner /operator who is doing business at that location
designated as a chronic problem property may contact if he /she has questions
regarding the notification; and
6. The time period which the designation as a chronic problem property will last and
the terms and conditions which must be met for the removal of such designation. If
deemed necessary, a satisfactory inspection of the property by the Department of
Code Enforcement and/or the Fire Department, may be included in the terms and
conditions. Any and all fines and repeat public nuisance service call fees associated
with the designated chronic problem property must have been paid in full for
removal from the publicly available data set.
(e) Copies of the written notice sent by the South Bend Police Department on each
proper address designated as a chronic problem property shall be simultaneously sent
electronically to the Law Department, the Fire Department, the Department of Code Enforcement
Chronic Problem Property Ordinance Amendments
Page 6
the Code Enfor- ,,emei + Department, Office of the City Clerk, the District Council Member who
represents the District where the subject property is located, and all At Large Council Members.
(f) The City deems the owner of the property and the residential occupants of the
property, and in the case of the property being zoned commercial, planned unit development to the
manager /owner /operator who is doing business at that location responsible for any and all
prohibited conduct occurring upon the premises after receipt of the written notice designating the
property as a chronic problem property.5
(g) A Hearing Officer is authorized to hear limited appeals from owners of a property,
and in the case of the property being zoned commercial, planned unit development to the
manager /owner /operator who is doing business at that location who have been designated by the
City as a chronic problem property. Said appeal shall be limited to the verification of whether said
person has reached the requisite and applicable number set forth in Section 13 -56 (b) to be
designated as a chronic problem property. A hearing before the Hearing Officer for such limited
appeals must be held within thirty (30) calendar days of the appeals being filed. Written notice of
the date, time and location shall be mailed or personally delivered by the City to said person of
record and the applicable property address. The decision of the Hearing Officer shall be the final
administrative action for purpose of judicial review. The Hearing Officer may recLiperate costs or
fees associated with a hearing from the Law Enforcement Continuing Education Fund (Fund #220)
through a submitted claim form.
Section III. Section 13 -158 of Article 12 of Chapter 13 of the South Bend Municipal Code
is hereby amended as follows:
Sec. 13 -158 Remediation agreements — Proactive measures to reduce time designated as a
chronic problem property.
a) In the event that a property consists of more than fifty (50) dwelling units which
are rented or intended to be rented and are located on a single parcel or lot for which a postal
address exists or may exist for each individual unit including residential rental properties, hotels,
motels, or other similar properties offering overnight lodging; or if a property is a business
establishment required to have a license or permit to sell alcoholic beverages under IC tit. 7. 1, and
has been designated as a chronic problem property, the owner of such property shall be required
to enter into a Remediation Agreement. Such Remediation Agreement shall:
1. Be in writing and signed by the owner or the owner's duly authorized agent of the
property designated as a chronic problem property and the South Bend Police
Department's sworn police officer(s) assigned to oversee said property's
compliance measures;
5 1C 36 -1 1 4wough K; 366 -x-10 IC 36 -1 -6 sets forth the governing state law provisions for the enforcement of
municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive
departments and specifically lists the Law Department, the Police Department, the Fire Department, and the
Department of Code Enforcement. the Code Enf reeme t Depa 'me
Chronic Problem Property Ordinance Amendments
Page 7
2. Set forth immediate remedial measures which must be implemented within fourteen
(14) days of signing the Remediation Agreement, which establishes thereafter
monthly thresholds and needed corrective actions which will be monitored by the
Police Department's sworn police officer(s) who were assigned to negotiate the
Remediation Agreement with the owner of the subject property or the property's
duly authorized agent;
3. Remediation Agreements shall also include but not be limited to including policy
reforms, additional staff, additional training, and other proactive measures
determined necessary to abate the public health, safety and welfare violations
identified; and
4. Identify specific action plan(s) whereby the owner or his/her duly authorized agent
is required to complete by the last Friday of each month and transmit to the Police
Department's assigned sworn police officer(s) who shall evaluate compliance. All
remediate agreements shall be for a term of not less than six (6) months.
b) Copies of all Remediation Agreements entered into shall be electronically sent by
the assigned sworn police officer to the Chief of Police, the Corporation Counsel of the Law
Department, the Director of the Department of Code Enforcement Code En fereem °r+ Depa- me ,
the Fire Chief, and the District Council Member who represents the District in which the chronic
problem property is located, all Council Members at Large, and the Office of the City Clerk, with
such electronic correspondence taking place the same day that the Remediation Agreement is
signed by both parties.
C) In the event that the owner, or the owner's duly authorized agent fails or refuses to
enter into a Remediation, or if the owner or owner's duly authorized agent fails to meet the
obligations set forth in the Remediation Agreement, the Corporation Counsel of the Law
Department, or his or her official designee, shall commence legal action pursuant to Section 1 -23
of the South Bend Municipal Code as soon as practicable. Notice of non - compliance shall be
electronically sent by the Corporation Counsel to the Chief of Police, the Fire Chief, the Director
of the Department of Code Enforcement Code Enfer-eemei4 Depat4~"°~' +, the District Council
Member who represents the District in which the chronic problem is located, all Council Members
at Large, and the Office of the City Clerk of his/her action to commence such legal action as soon
as practicable, upon being notified by the sworn police officer assigned to the case.
d) So long as the owner or the owner's duly authorized agent is in compliance with the
Remediation Agreement, no additional action by the Law Department is to be commenced on the
items addressed in said Agreement. However, any new violation(s) which are in addition to the
items addressed in the Remediation Agreement, may be pursued by the Law Department.
e) In the event that the owner or the owner's duly authorized agent complies with the
Remediation Agreement in its entirety and if the property has no new ordinance citations issued
against it and no new valid complaints for a period of thirty (30) consecutive calendar days, fifteen
Chronic Problem Property Ordinance Amendments
Page 8
(15) days shall be subtracted from the time said property has been designated as a chronic problem
property; with this process continuing through the duration of the Remediation Agreement. The
South Bend Police Department shall be charged with maintaining accurate records and sending
monthly updates to the individuals listed in paragraph (b) herein.
f) In the event that a property is zoned commercial, industrial, or planned unit
development and has been designated as a chronic problem property, the manager /owner /operator
who is doing business at that location shall be required to enter into a Remediation Agreement
consistent with the provisions of the Section.
Section IV. Section 13 -160 of Article 12 of Chapter 13 of the South Bend Municipal Code
is hereby amended as follows:
Sec. 13 -160 Consequences of Failure to Comply; Civil Penalties; Continuous Abatement;
Qvi Action by Law Department/Dedication of Portion -of Fees/Fines to the
Law Enforcement Continuing Education Fund (Fund # 220).6
(a) Any property owner violating the provisions of this Article shall be subject to the
following civil penalties, fees and procedures:
1. Collection of Repeat Public Nuisance Service Call Fees: In addition to the
collection of fines resulting from the issuance of citation(s), the Law
Department is authorized to bring civil action against any alleged violator
of this Article for all unpaid repeat public nuisance service call fees.
2. Gkatie Civil Penalties: After a property has been designated as a chronic
problem property and placed on the publicly available data set, if the
property receives any subsequent citation or valid compliant, then the owner
will be subject to the next eitation issued shall impose ° fine a civil penalty
of two hundred fifty dollars ($250.00) per citation or valid complaint
for every eitatien issued ther-eafte which shall be payable through the
Office of the City Clerk
(b) Continuous Abatement Notice:
1. Any property that has previously been designated a chronic problem
property, and subsequently removed from the listed publicly available data
set due to compliance, shall be subject to continuous abatement procedures
governed by this section. This will serve as notice to the owner that the
property will be listed as a continuous abatement property upon a
subsequent violation occurring within a six (6 ) month period, since the date
of removal from the publicly available data set. Such notice is in compliance
with Indiana Code $ 36 -1 -6. Enforcement of Ordinances.
6 Indiana Code § 36- 1 -4 -17 authorized the City to collect any money that is owed the City, including reasonable
attorney fees.
Chronic Problem Property Ordinance Amendments
Page 9
2. Continuous Abatement Civil Penalties /Fees: Any owner of real estate
whose property becomes listed as a continuous abatement property shall be
fined the sum of five hundred dollars ($500.00) for the first violation.
Thereafter, each violation shall be fined and assessed administrative fees
related to costs incurred by the City for inspections, abatement and
administration, and a civil penalty which shall be as follows:
Subsequent Violations
2nd Violation
3rd Violation
4th Violation and thereafter
2017.
Fine Per Violation
$750.00
$1,000.00
$1,500.00
Continuous Abatement Fee
for Administrative Expenses
$400.00
$450.00
$500.00
This sub - section supplements and does not limit any other remedy or action
available in law or in equity being pursued by the Department of Law.
(c) Effective Date: Continuous Abatement procedures shall take effect on January 1,
(d) Separate Offense: Each violation of this Article shall be deemed a separate offense.
(e) Dedication of Fines /Fees Collection: Fifty per -ee * (500" One hundred percent
(100%) of all fines and fees collected for any violation of this Article shall be deposited into the
Law Enforcement Continuing Education Fund (Fund # 220).
(f) Data Available on City's Open Data Portal �: Data addressed in this Section
shall be summarized on the publicly available data set matrix required in Section 13 -157 of the
South Bend Municipal Code which is to be placed, maintained, and regularly updated on the City's
Open Data Portal website-by the Office of Innovation and Technology.
Section V. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section VI. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor tion.
Tim Scott, 1St District Council Member
South Bend Common Council
Chronic Problem Property Ordinance Amendments
Page 10
Q2%
Office o the City Clerk
Voting in Favor
Voting in Opposition
me & Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of k.?n , 2016, at 1. b5 o'clock _Q.m.
1st READING 11- 14 -IW
PUBLIC HEARING 11-.2-0 - (lp
3rd READING 1 1-2.2- I LP
NOT APPRO`/EP
REFERRED I I -I t+- I LP
PASSED 11- 2.0- I tD
(.W 64,b f"t/ -)
ocejof e City Clerk
xaue�G aincGQc�iraPcG me
On 44e t/e da� !�i �Q/ �O'6 ad
Pete Buttigi
Mayor of the City of South Bend, Indiana
Filed in Clerk's Office
NOV 2 3 2016
WREFEMM
CITY CLERIC, SOUTH SEND, Its .
L
1"4-
Tim Scott, Council President
The South Bend Common Council
227 West Jefferson Boulevard, Room 441
Downtown South Bend, Indiana 46601
574.235.5980
November 9, 2016
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Re: Chronic Nuisance Ordinance Amendments
Dear Council Members:
574.235.5567 TDD
Filed in Clerk's Office
NOV 0 A 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Since the fall of 2013, the City of South Bend's chronic problem property regulations have helped
reduce some of the undue burden placed on our police officers who are dispatched to respond to
such calls.
We have been working closely with Officer Keenan Lane of the South Bend Police Department
who is the point - person for the implementation of these regulations, as well as with the Department
of Code Enforcement, the Fire Department and the Law Department.
Proposed amendments will clarify what constitutes a "valid complaint "; would incorporate
continuous abatement penalties and fees for repeat nuisance properties; includes a scalable
function for property consisting of more than fifty dwelling units; and would change from 50% to
100% that any fines and /or fees collected would be dedicated to the Law Enforcement Continuing
Education Fund.
I recommend that the proposed ordinance be referred to the Health and Public Safety Committee
for review, discussion, and your positive recommendation to the full Council. Thank you.
ly,
Tim Sco , 1st District
Council President
Attachment