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HomeMy WebLinkAbout9810-07 Amend Chapter 6 - Add Section 37.1 - Require Registration and Maintenance of Vacant and Abandoned BuildingsORDINANCE No. Passed by the Common Council of the City of Soirtli Bend, Indiana November 26, 20 07 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana November 27, 20 07 City Clerk President of Common Council Approved and signed by me November 3 0 , 20 0 7 City Clerk Mayor SUBSTITUTE BILL NO. 17`O~ ORDINANCE NO. ~ l~ C-ol AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 37.1, TO REQUIRE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED BUILDINGS STATEMENT OF PURPOSE AND INTENT On May 29, 2007, the City of South Bend announced athree-year, $6.825 million strategy to reduce the City's vacant houses by more than one-fifth, with the primary focus aimed at reducing abandoned houses by 72%. As a part of this comprehensive strategy, 400 derelict houses will be demolished and forty-five (45) distinctive buildings in targeted neighborhoods will be revitalized. This strategy builds on the City's existing work in Code Enforcement, on public-private home building partnerships with successful track records, and complements the national trend of encouraging home buyers to return to urban neighborhoods. Vacant and abandoned housing, as noted by the Mayor, is a nationwide problem. According to a May 2006 survey by the Department of Code Enforcement, South Bend had 621 houses that were both vacant and abandoned. These houses represent 28% of all vacant houses throughout the City. The South Bend Police Chief reported on March 1, 2006 that arsons had recently increased in vacant houses. On July 26, 2006, the South Bend Police Department Uniform Division Chief reported that there continue to be problems with people entering vacant homes and removing scrap metal. The City of South Bend has also established an Urban Homesteading program, commonly referred to as the Dollar House Program, pursuant to I.C. 36-7-17. This Program uses the Community and Economic Development capital improvement funds to acquire marketable buildings. Acquisition and rehabilitation are administered by not for profit community development corporations whose responsibilities include acquisition, specification writing, inspection, client selection and closing. The Common Council acknowledges the "broken window" concept as one reasgn this ordinance is needed, in addition to the many public health, safety and general welfare considerations. That concept provides that Aone broken window, left un- repaired, leads to more broken windows as it gives the appearance that no one cares for or protects the property; that that building becomes increasingly more deteriorated, and that the deterioration may have a ripple effect on other parts of the neighborhood. The following regulations would complement the current programs being implemented by the City of South Bend. The following regulations are aimed to bring such vacant buildings back into productive use. These regulations are based on the City's authority under Indiana Code § 36-8-2- 4 to "... regulate conduct, or use or possession of property, that might endanger the public health, safety or welfare." The regulations are further based on the City's authority to "adopt, codify, and enforce ordinances" authorized by Indiana Code § 36-1- 4-11. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 6, Article 8, of the South Bend Municipal Code shall be, and hereby is, amended to add section 6.37.1, which shall read in its entirety as follows: Sec. 6-37.1. Vacant Building Maintenance and Registration (a) The Common Council makes the following legislative findings: (1) In South Bend, Indiana, a significant number of unoccupied buildings are not maintained and constitute a hazard to public health, safety, and welfare. (2) Vacant buildings often become dilapidated because they are not maintained and repaired by their owners. (3) Vacant buildings attract children, harbor vermin, shelter vagrants and criminals, and are likely to be damaged by vandals or arsonists. (4) Unkempt grounds surrounding vacant and abandoned buildings invite dumping of garbage, trash, and other debris. (5) Many vacant and abandoned buildings are on narrow lots and close to neighboring buildings, increasing the risk of fire and spread of insect and rodent infestation. (6) Vacant and abandoned buildings contribute to blight, cause a decrease in property values, and discourage neighbors from making improvements to buildings. (7) Buildings that remain boarded up for an extended period of time also exert a blighting influence and contribute to the decline of the neighborhood by decreasing property values, discouraging persons from moving into the neighborhood, and encouraging persons to move out of the neighborhood. (8) Vacant and abandoned buildings often continue to deteriorate to the point that demolition of the structure is required, decreasing available housing in the community and contributing to the neighborhood decline. (9) The blighting influence of vacant and abandoned buildings adversely affects the tax revenues of local government. (10) Vacant and abandoned buildings create a serious and substantial problem and are public nuisances. (11) The City of South Bend spends extraordinary resources and staff time to secure, demolish or otherwise respond to problems associated with vacant and abandoned buildings. (12) Owners of vacant and abandoned buildings should be held accountable for the physical condition of their buildings. At a minimum they should prevent such buildings from exerting a negative influence on the well-being of the neighborhoods where they are located. Accordingly, in addition to the property maintenance requirements set forth in this Code, the Common Council establishes the following standards for maintenance of any real property within the City of South Bend which is vacant and abandoned as defined by this section. (b) This article: (1) Establishes a program for ongoing identification and registration of buildings which have been vacant for a certain length of time. (2) Establishes responsibilities of owners of these vacant buildings; and (3) Provides for administration and enforcement of standards related to vacant buildings. This section should be construed liberally to effect its purposes and intent. (c) Definitions (1) For purposes of this section, vacant building means a structure on a parcel of real property which lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased. (2) For purposes of this section, abandoned building means a structure on a parcel of real property which is: vacant for more than ninety (90) days; the subject of an order issued pursuant to the Indiana Unsafe Building Law; and at which the condition which generated the order has existed for at least thirty (30) days and has not been remedied. (3) For purposes of this section an owner is a person or entity with a fee interest in a parcel of real property on which a vacant and abandoned building is located, and whose identity and address may be determined from an instrument recorded in the St. Joseph County Recorder's Office. (d) Continuing Maintenance; Mandatory and Voluntary Registration (1) Upon finding a building vacant and abandoned, the Director of the Department of Code Enforcement may issue to the building owner an order for continuing maintenance pursuant to the Unsafe Building Act, IC 36-7-9, as it may be amended from time to time, or pursuant to similar authority granted by State Statute, this Code or other statutes, ordinances and regulations. (2) The owner of a building that is abandoned as defined by this section shall register with the Department of Code Enforcement pursuant to subsection (fl of this section. (3) The owner of a building that is vacant but not abandoned within the meaning of this section may opt to register the building with the Department of Code Enforcement, so as to notify City officials of the property manager and exchange other information pertinent to the condition of the building. (e) Property Manager (1) The owner of a building required to be registered pursuant to this section must appoint a property manager residing within fifty (50) miles of the property. The failure to appoint a property manager is a separate violation of this section. The property manager may be the owner or an agent of the owner. (2) An agent acting as the property manager must be at least eighteen (18) years of age. (3) The property manager must be available to government officials by telephone twenty-four hours a day. The owner's failure to make certain that such a property manager is available and maintains the property is a separate violation of this section. ~f Information Required with Registration The owner of a building that is vacant and abandoned shall register the property with the Department of Code Enforcement upon receipt of an order for registration. Registration shall be on a form provided by the Department of Code Enforcement, shall be verified under the penalties for perjury, and shall include the following information: (1) The street address of the property; ~2) The names addresses and telephone numbers of all persons or entities which hold an ownership, land contract, mortgage or other lien interest in the property, and all beneficiaries of any land trust which owns the property; (3) A copy of the most recently executed deed used to transfer title to the property and the most recently prepared sales disclosure form, if available to the owner; (4) The names and residential and business addresses and telephone numbers of the property manager; (5) The names and addresses of all persons or entities which hold a lien interest or a substantial property interest in the property; (6) The names, addresses and telephone numbers of the insurance agent and the carrier providing insurance coverage for the property as required by this section; and (7) The owner's plan for maintenance and repair of the property, including the time within which the owner anticipates completion of all repairs necessary to bring the property into compliance with all property maintenance codes. However, the owner's statement of a plan does not relieve the owner of any orders issued pursuant to the Unsafe Building Law or of any obligations imposed by statute, ordinance or regulation governing the maintenance of property. The Department's receipt of a plan does not constitute approval of the owner's plan or of any violation of property maintenance standards. 81 The owner is responsible for providing an updated registration form to the Department of Code Enforcement within five (5) business days of any change of ownership or any information provided by the registration. The failure of the owner to provide such updated information within five (51 business days of any change is a violation of this section. (g) Standards for Maintenance 11 At least once each week, the owner of a property required to be registered under this section must ensure that the property is inspected and secured against unlawful entry, and that it is cleaned, vegetation is mowed, and cleared of snow and ice in the walkways. Records of such inspections shall be provided to the Department of Code Enforcement upon request. (2) The window and door openings of all buildings on the property shall be secured against unlawful entry by the use of locks designed for such use. (3) In order to protect a building against unlawful entN or vandalism while it is vacant an owner may secure the windows and doors of the building by the use of boarding. If boarding is used to secure the building, the following standards must be met: Windows shall be framed by two by four (2x4) boards secured with plywood to the frame by using six (6) seven-inch lag bolts into King studs in all corners and in the center of the vertical boards. The plywood must be 4 ply CDX sheeting or approved equivalent material, no less than one half inch in thickness and attached by tamper proof screws no less than three inches in length. The screws must be type W for wood and type S for steel, and must be applied to a maximum of eight (8) inches on center. (4) Boarding of a vacant structure is to be considered a temporary and not a long term method of securing the building. Any boards applied to secure doors and windows for more than thirty days must be surface coated with exterior grade paint so as to reduce the blighting effect on the immediate neighborhood. (h) Registration fee (1) The owner of any building required to be registered under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be fifty dollars ($50.00 per year. 3) If the building is used or zoned for residential ourooses and contains more than three (3) residential units, or if it is used or zoned for any non-residential purposes, the fee shall be two hundred and fifty dollars ($250.00) for the first year or any part thereof, three hundred and seventy-five dollars ($375.00) for the second year or any part thereof, and five hundred dollars ($500.00) for the third and each subsequent year or any part thereof that the property is required to be registered pursuant to this section. (4) The purpose of the registration fee is to reimburse the Department of Code Enforcement for the costs of monitoring the property and the additional costs of responding to emergencies and property maintenance requirements for a vacant and abandoned building. (i) Liability Insurance (1) The owner of any property required to be registered by this section must maintain a policy of liability insurance for the building, and must provide to the Department of Code Enforcement the name, address and telephone number of the insurance agent and carrier, along with a copy of the certificate or other proof of insurance coverage. The coverage required shall be not less than one hundred thousand dollars per occurrence and one hundred thousand dollars in the aggregate. (2) The policy of insurance must require the agent or carrier to provide fifteen (15) days advance notice of cancellation to the Department of Code Enforcement. (i) Exemptions The Director of the Department of Code Enforcement may exempt a property from the registration requirements of this section if the property is the subtect of an open probate estate or has suffered extensive fire or catastrophic damage within the past ninety (90) days. Any exemption granted shall be for a specific period of time, not to exceed ninety (90) days. However, exemption from the registration requirements shall not constitute approval of any violation of property maintenance standards established by statute or this Code. (k) Penalties An ordinance violation citation shall be issued for violating any provision of the requirements of this section, or for knowingly providing false information or withholding information required to be provided by the registration requirements of this section. Such a citation shall be issued to the owner and shall impose a fine of two hundred and fifty dollars ($250.00) for the first day of violation, and not less than six hundred ($600.00) for all subsequent violations. No fine, however, shall exceed two thousand five hundred dollars($2,500.00). The citations and fines imposed by this section are in addition to other legal and equitable remedies and enforcement action available to the City. (I) Quarterly Administrative Reports to the Office of the City Clerk Addressing Implementation and Enforcement. All city offices charged with implementing and enforcing the regulations set forth in the Section shall report on a quarterly basis a written summaN of their actions to the Office of the City Clerk. Section II. Severability. If any part, subsection, sentence, clause or phrase in this Section is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the remaining portions of this Section. Section III. This Ordinance shall be in full force and effect from and after January 1, 2008. T_ ~ Member, Sou end Common Council Atte C rk Presented by me to the Mayor of the City of South Bend, Indiana on the Z?~ day of w~.~.4~,~ , 2~, at~~ o'clock c , . m. - City Clerk Approved and signed by me on the .10 ~' day of ~~ , 2~7 , at Z o'clock ~. m. Mayor, City of th Bend, Indiana 1 st READING ~ ~" I Z-J PUBLIC HEARING ll"z~~l 3 rd READING ~ `-Z~a -u 1 NOT APPROVED F.EFERRED oASSED ~ ~ _Z,lo -o~ C~ S' Q 5 u, c7•r. ~~ ~ C Qs a. Z~~0.. Su~s-~-` -rte r~ Z~~ S u.~ s-~:,-~~C, B Filed In Clerk's O~tice NOV 2 7 2001 JONN SOBEND, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 77-07 A BILL OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 37.1, TO REQUIRE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED BUILDINGS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorite recommendation as a second substitute as amended in the committee of the whole. Karen L. White Chairperson