HomeMy WebLinkAbout88-17 Adding Area Plan Commission to zoning enforcement staff °`�H City of South Bend
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PEACE
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441 Count-City Building• 227«'.Jefferson Blvd
865�i
South Bend, Indiana 46601
Tirn Scott December 7, 2017
President
Oliver Davis South Bend Common Council
Vice-President
4th Floor, County-City Building
Gavin Ferlic
Chairperson, Committee South Bend, IN 46601
of the kX,hole
Tim Scott Re: Bill No. 88-17 Proposed ordinance adding Area Plan Commission to the
First District
designated enforcement staff for zoning enforcement
Regina Williams-Preston
Second District
Randy Kell. Dear Council Members:
Third District I am filing a proposed amendment to the Zoning ordinances which adds the Area
Jo M. Broden Plan Commission to the designated enforcement staff for zoning violations. This
Fourth District amendment is part of the change from the Building Department to the Area Plan
Dr. David Varner Commission with respect to a number of zoning enforcement activities. The Bill
Fifth District should be set for first reading on December 11, 2017.
Oliver Davis
Sixth District Thank you for your consideration.
Gavin Ferlic
At Large
John Voorde
Sincerely Yours,
At Large
Karen White f,46 t�
At Large �A6
Robert J. Palmer
Attorney for South Bend Common Council
Filed in Clerk's Office
DEC 0'7 2017
KAREEMAH FOWLER
TCITY CLERK,SOUTH BEND,IN
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH
COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE
DESIGNATED ENFORCEMENT STAFF.
STATEMENT OF PURPOSE AND INTENT
Historically the Building Commissioner has also served as the Zoning Administrator for the City
of South Bend. The Building Department has provided the appropriate staff functions associated
with the responsibilities, including but not limited to Zoning Enforcement. Throughout the state,
these responsibilities are usually assigned to the Plan Commission staff. The Building Department
and Area Plan Commission staffs have worked closely to establish a process and timeline by which
these responsibilities will transfer to the Area Plan Commission on January 1, 2018. Some
enforcement activities may still need to be enforced by the Building Department. As such,various
changes to the South Bend Zoning Ordinance need to be amended to appropriately reflect
responsibilities and procedures.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(a) Authority, is hereby amended as follows:
The Building Department of the City of South Bend,the Department of Code
Enforcement of the City of South Bend, the Area Plan Commission of St. Joseph Count
and the Staff of both each departments are hereby designated to enforce the terms and
provisions of this Ordinance in accordance with Indiana law.
SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(f)Violations, is hereby amended as follows:
Subject to the provisions of Section 21-01.03 —Nonconforming Lots, Uses, Buildings,
Structures or Signs, each of the following shall constitute a zoning violation which may
be enforced by the Building Department, the Area Plan Commission, or the Department
of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g)
below:
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(f)Violations, is hereby amended as follows:
The primary enforcement responsibility for Items (2)and above shall be the vested
with the Building Department,provided however, the Department of Code Enforcement
or the Area Plan Commission may also initiate enforcement of these matters.
The primary enforcement responsibility for Items (3), (4) and (6) shall be vested with the
Department of Code Enforcement, provided however,the Area
Plan Commission may also initiate enforcement of these matters.
The F +responsibility for-items (1), (5) (7) (9) and (1 0) shall be vested in both
the Building it ft nt the De mtm 0 rA ,.F('o a Epif r++ and both+ e the or-.10paF mepA m initiate enf eemo.,t of these ma-tom
The Zoning Administrator and his or her designee shall be responsible for enforcing
against all other zoning violations set forth above; provided,however,that the
Department of Code Enforcement and Building Department shall also be authorized to
initiate enforcement, at their discretion.
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(h) Fines, subsection(4), is hereby amended by adding a new subsection(B) as
follows:
(B) If enforcement action was initiated by the Area Plan Commission, all fines thus
received shall be deposited with the applicable fund for fines of the Area Plan
Commission.
(G)LD)
Section V. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend. Indiana on the day
of 2 at o'clock M.
City Clerk
Approved and signed by me on the day of 2 at
o'clock M.
Mayor, City of South Bend, Indiana