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Home My WebLink About10571-17 Zoning Enforcement ORDINANCE No . 10571-17 Passed by the Common Council of the City of South Bend, Indiana January 08, 20 18 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 08, 20 18 City Clerk r Approved and signed by me 3"w),*U 20 Mayor BILL NO. 86-17 ORDINANCE NO. 10571-17 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 1. 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 2 1-10 (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) 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 DepaAfnei4 e Area Plan Commission may also initiate enforcement of these matters. The enforeemeiA responsibility for-items ( ) icy (7) (9) an ( 0) ha l be vested in L.,, the Building Depai4ment,the DepaAment of Code 11L Ll11lA both or-eithe depaf4nent may initiate enfer-eefnepA of these fnaRefs. The Zoning Administrator and his or her designee shall be responsible for enforcing against all other zoning violations set forth above, 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. (B)-LQ (G)LW 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. Tim Scott, Counci ident Member of the Common Council A4areeT Fowl r, ity Clerk e City Clerk Presented City of South Bendy Indiana on the 1�� day of e City of South Bend, to the or of the o'clock__&,,m. K emah N. Fowl r, ity Clerk Office of the City Clerk Approved and signed by me on the day of 3QYWAt4 2018, at o'clock �.m. Pete Buttigi ayor City of South Bend, Indiana 1 st READING p j Ll 2�l PUBLIC HEARING 3rd READING NOT APPROVED / REFERRED PASSED LAWRENCE P. MAGLIOZZI I SECUTIVE DIRECTOR Angela M. Smith D,puu Direct r AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOU 1'H BEND, INDIANA 46601 (5 7 4) 235-9571 December 6, 2017 Honorable Common Council 4'"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, atz, Y. �"/z Angela M. Smith Deputy Director Filed in Clerk's Office CC: Bob Palm -� DEC 06 2017 1 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 1 N D I ANA.C 0 M I A R E A P L A N