HomeMy WebLinkAbout86-17 Zoning Enforcement LAWRENCE P. MAGLIOZZI
C F:NECUTIYE DIRECTOR
Angela M. Smith
Dcpv , Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 %%'. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIA\d +6601 (57+) 235-9571
December 6, 2017
Honorable Common Council
4t' Floor, County-City Building
South Bend, IN 46601
RE: Text Amendment RE: Zoning Enforcement
APC#2851-17
Dear Council Members:
Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your December 11,
2017 Council meeting, and set it for public hearing at your January 8, 2018 Council meeting. The
petition is tentatively scheduled for public hearing at the December 19,2017 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon
on the day following the public hearing.
If you have any questions,please feel free to contact our office.
Sincerely, //��
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Angela M. Smith
Deputy Director
Filed in Clerk's Office
CC: Bob Palm
DEC 06 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N
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 o 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(8)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 Building Department^r Area
Plan Commission may also initiate enforcement of these matters.
The enforeement responsibility for-items (1), > > (9) and (10) shall be vested in both
the Building B .. + ,o + the Department of Cede En f reef,.efA and both or either
department m initiate enf-A« w,+ of those matter-,.
The Zonin;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.
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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