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Home My WebLink AboutAmend- Ch.6 Article 8 Sec.37-Update Boca Code ORDII�IA�IG� �Io. 8777-97 Passed by the Common Council of the City of South Bend,Indiana April 28, 97 19 Atlest: �', i� , tL . • C'i Clerk ry LORETT .DU Attest: G�'�� President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana April 29, 19 97 �c�` Cily Clerk LORETTA J.D A Approved and signed by me 1Kay 1, 19 9 7 > , �i�� Mayor SUBSTITUTE BILL ORD INANCE NO. U` / �� I� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE BOCA CODE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEMENT OF PURPOSE AND INTENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The purpose of this ordinance is to amend Section 6-37 of the South Bend Municipal Code, to incorporate the 1996 Edition Building Officers and Code Administrators (BOCA) National Property Maintenance Code . The Common Council of the City of South Bend determines that it is necessary to incorporate the 1996 Edition of the National Property Maintenance (BOCA) Code to update the Building Standards of the City and to enable the Building and Code Enforcement Officials responsible for enforcing building standards to use the most current standards available. SECTION I . Chapter 6, Article 8, Sectian 6-37, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 6-37. BOCA Basic Property Maintenance Code. (a) Adoption by reference. The �� fifth edition of the BOCA National Property Maintenance Code/�-9-�� 1996, promulgated by the Building Officials and Code Administrators International, Inc. , is hereby adopted by reference as fully as if set forth herein to govern existing buildings and structures in the city, except for the additions or deletions which are specified in this section. At least two (2) copies of the BOCA National Property Maintenance Code/-�33- 1996, shall be kept in the department for public inspection. (b) Additions, modifications and deletions. The provisions of the BOCA National Property Maintenance Code/�� 1996, adopted by subsection (a) shall be modified, added to or deleted so that the following articles, sections or subsections shall read as follows : (1) Section PM-100 . 1, Title : These regulations shall be known as the Property Maintenance Code of the City of South Bend, Indiana, hereinafter referred to as the Property Maintenance Code. (2) Sections PM 106 .2, 107, 110, and 111 shall be deleted in their entirety. (3) The definitions for the following words shall be deleted in Article 2 ; Dwellings, dwelling unit, family, hotel, one-family dwelling, rooming house, rooming unit, rubbish and two-famie� dwelling, and each of the above words shall be defined as provided in the relevant section of the South Bend Municipal Code . (4) The definition for "workmanlike" in Article 2 shall be modified to read as follows : Executed in a skilled manner; e.g. , generally plumb, level, square, in line, undamaged, and without marring adjacent work. To be workmanlike, maintenance or repair work must be performed in a manner consistent with work done by a skilled craftsman. In general, floors should be level, walls plumb and square, and windows installed so that they operate easily and fit within the rough opening to exclude the elements . (5) Sections PM-303 .4 and PM-303 . 8 shall be deleted in their entirety. (6) Section PM-304 .3-� 15 shall be, and hereby is, amended to read as follows : Every door, window and other outside openinq utilized or reQuired for ventilation purposes servinq anv structure containinQ habitable rooms, food preparation areas, food s_ervice areas, or anv areas where products to be included or utilized in food for human consumption are processed, manufactured, packaQed or stored, shall be supplied with approved tiqhtly fittinq screens of not less than 16 mesh per inch and everv swinqinQ door shall have a self-closinQ device in qood workinq condition. (7) Sections PM-305 .4, n��-3-w�Tel-�F�6� PM 307 .2, 307 . 3, 307 .4, and 307 .5 shall be deleted in their entirety. (8) Section PM-602 .2 . 1 shall be modified to read in its entirety as follows : Heat Supply: Every owner and operator of any buildi#ng who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, must furnish heat to the occupants thereof and shall supply sufficient heat to maintain the room temperatures specified in Section PM-602 .2 during the hours between 6:30 a.m. and 10 : 30 p.m. of each day and not less than 60 degrees F. (16 degrees C. ) during other hours . (9) Section PM-602 .3 shall be modified to read in its entirety as follows : Nonresidential structures : Every enclosed occupied work space shall be supplied with sufficient heat to maintain a temperature of not less than sixty-five (65) degrees F . eighteen (18) degrees C. ) during all working hours . Exceptions : (1) Processing, storage and operation areas that require cooling or special temperature conditions; and (2) Areas in which persons are primarily engaged in vigorous physical activities . (c) Adoption of Unsafe L�e�eer�re��-e�' Building ^''�-"'�-"�'" LSw. Pursuant to the authority granted by the Indiana General Assembly through the Acts of 1981, Public Law 309, � 28; �re��-3-e-��-QO-z�., P�rls3�- , ��i��e�-3-e�'�-.�i�'�-o-�rris'��-3��r� , , the City of South Bend, Indiana, hereby adopts the Enforcement of Building Standards Law, being IC 36-7-9-1 through 36-7-9-28, as it may be amended from time to time; and incorporates herein the definition of "substantial property interest" contained in IC 36-7-9-2, as it may be amended from time to time. (d) Administration. The Department of Code Enforcement is hereby designated as the executive department which shall administer the provisions of the �r-e�-e-� Unsafe Building ��a^--a� L3W. The Director of the Department of Code Enforcement ��e� shall be the person responsible for the administration of the £�e�e�re��-� Unsafe Building ��a�_a� Law. (e) Adoption by reference. The Minimum Maintenance Standards for buildings in historic districts as adopted by the Historic Preservation Commission of South Bend and St . Joseph County at its regular monthly meeting on December 16, 1991 is hereby adopted by reference as fully as if set forth herein. The Preservation Standards for Historic Landmarks in South Bend and St . Joseph County as adopted by the Historic Preservation Commission of South Bend and St . Joseph County at its regular meeting on October 21, 1975 is hereby adopted by reference as fully as if set forth herein. At least two (2) copies of the Minimum Maintenance Standards and the Preservation Standards for Historic Landmarks in South Bend and St . Joseph County shall be kept in the departement for public inspection. (f) The Board of Public Safety shall have the responsibility for ' fixing the average "processing expense" as provided in the �-rrf-��e��= Unsafe Building "'-��a'"""a� Law. (g) Unsafe building fund: (1) As provided by Section 14 of the £�e-�e�r �e�-a= Unsafe Building f'��°'a�°'a� L3W� a fund designated as the "unsafe building fund" shall be established in the operating budget of the Department of Code Enforcement . Any balance remaining at the end of the fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. Monies for such fund may be received from any source including appropriations by local, State or Federal governments, and donations . (2) As further provided by Section 15 of the �'��?�___�� Unsafe Building .`_'�;�a�=a� LdW� The Code Enforcement Department may take action to transfer all or any part of any money which may exist in the "building, demolition, repair and contingent fund" created by IC 18-5-5-7, to the unsafe building fund. (h) Penalties. An ordinance citation may be issued with respect to any existing building or structure which is in violation of the provisions of the BOCA National Property Maintenance Code/3-9-�� 1996, as adopted by reference in subsection (a) and modified by subsection (b) , or which is in violation of the ��r€e�e�re�r�e� Unsafe Building ��'��a� Law, I .C. 36-7-9-1 through I .C. 36-7-9-28, as it may be amended from time to time, adopted by reference in subsection (c) , or which is in violation of the Minimum Maintenance Standards or the Preservation Standards for Historic Landmarks as adopted by reference in subsection (e) . Such a citation shall be issued to any person with a substantial interest in the property affected. A citation issued pursuant to this section shall impose a fine not less than twenty-five dollars ($25 .00) for the first day of violation, a fine of not less than fifty dollars ($50 .00) for the second day of violation and a fine of not less than one hundred dollars ($100 . 00) for every day of violation thereafter with each day of violation constituting a separate violation for which a citation may be issued. No fine, however, shall exceed two thousand five hundred dollars ($2, 500 .00) . �i,� Public Nuisance . A buildinq or propertv existincr in violation of the Standards reQUired bv this section constitutes a public nuisance . SECTION II . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. _-- ff �^ Member of the Common ouncil i5t RE��DING �/_/�/- g 7 `.�.'.� �-��,�� iled i�a �` " �,�a�s'a:'w +�.=E�� ; PUP;!;C HEARfNG � 3 rS READItdG L��C�� = r.:�.P APPROVED q�R 2 $ �gg7 � RE:'=::'^ED /� - �r F;�..:::.:_D y,��17 A5 Am��✓ V� �7��J�a,.I�l�/ LOR�'T7!`.J. DSlIIA q @ C1TY CLEF3X,��.€��t�D,G 9, ! COMMITTEE REPORT TO THE COMMON CDUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 33-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE TflE BOCA CODE Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably, as amended by substitution. Sean Coleman Chairman � �Sp[J TH 8�,� O ,��li',i��!/i� O 1400 COUNTY-CITY BUILDING .�'. ��.� �� '2 PxoxE 219/235-9241 SOUTH BEND� INDIANA 4GC)OL-ZH3O V �� '�� % ° Fnx 219/235-9892 W �. PF.ACE// a \•. ��- �S� y�� a2� TDD 219/235-5567 1865 CITY OF SOUTH BEND STEPHEN,J.LUECKE, MAYOR I�EPARTMENT OF I.AW RICHARD A. NussBAUM,II AivivE E. BRUNEEL CIT'Y ATTORNCY CHIEF ASSISTANT CITY ATTORNEY Mr. Roland Kelly, President South Bend Common Council Ms. Loretta Duda City Clerk Dear Mr. Kelly and Ms. Duda: I submit herewith Substitute Bill 33-97 for consideration by the Common Council. This Substitute Bill changes the original draft in that it revises the titles for the Department of Code Enforcement and for the Unsafe Building Law, which is incorporated into § 6-37 of the South Bend Municipal Code. It also declares a violation of the City' s building standards to be a public nuisance. I hope this information is helpful to you. Please feel free to contact me should you have any questions or concerns. Sincerely, �=;��7't/)'1��1A�c.'t/1-�-�� o Ann-Carol Simons cc: Common Council Members K. Cekanski-Farrand K. Dempsey Filed in Gl��r'::. ��fic� APR 2 ts 1997 LOR�TTd1 J. DUDA cmrc�esc�,�a.o��n,iri. THOMAS L. BODNAR ALADEAN M. DERosE . JEFFREY M.JANKOWSKI ROB�RT C. ROSENFELll ANN-CAROL SIMONS