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Home My WebLink About9602-05 Amend Chapter 13, to expand the scope of prohibited conduct wich may generate an action to abate a public nuisance.. - ,~ '~ ORDINANCE No. 9602-05 Passed by the Common Council of the Ciry of South Bend, Indiana July 25, Attest: Attest: 2005 Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 26, 20 05 i ~ ~' ~^- A A ~,~,~.~" ~,~~ 7 City Clerk Approved and signed by me July 2 6 20 0 5 ~ . Mme' ORDINANCE NO. `tOG Z~oS AN ORDINANCE OF THE CONIl~tON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE $TATEa~NT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 13 of the South Bend Municipal Code, to expand the scope of prohibited conduct which may generate an action to abate a public nuisance. The Common Council of the City of South Bend determines that the Disorderly House Ordinance provides an effective method to inform property owners and occupants of their responsibilities to protect their neighborhoods, to abate and redress public nuisances, and to prevent neighborhood deterioration. The Common Council of the City of South Bend further finds that certain violations of Indiana alcoholic beverage laws cause neighborhood deterioration and have a negative impact upon the health, safety, welfare and morals of the public. Including those violations in the list of acts constituting prohibited conduct under the Disorderly House Ordinance will enable the City to protect the health, safety, welfare and morals of the neighborhood where such violations occur. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 13 75.5. Disorderly houses; prohibited. (a) Definitions. (1) For purposes of this section, disorderly house means a building, dwelling, establishment, premises or place where prohibited conduct occurs and it includes the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership. If the building, dwelling, ~ ~ ' , I ~ establishment, premises or place is a multiple-unit dwelling or residence, hotel or motel, or commercial or office building, this definition applies only to that dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, store, lot or yard in or on which prohibited conduct occurs. (2) For purposes of this section, owner means: (a) The recorded owner of the property, as determined by the records of the St. Joseph County Assessor's Office; (b) Any party with an equitable interest in the property, provided that such equitable interest is recorded; and (c) The trustee of a land trust, if the land trust holds title to such property. (3) For purposes of this section, occupant means any person over sixteen (16) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred. {4) For purposes of this section, vacant means a building which is lacking 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. (5} For purposes of this section, prohibited conduct means activities occurring in violation of the statutes or ordinances relating to any of the following: a. Gambling, as defined in I.C. 35-45-5-1; b. Battery, as defined in I.C. 35-42-2-1; c. Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8; d. Resisting law enforcement, as defined in I.C. 35- 44-3-3; e. Disorderly conduct, as defined in I.C. 35-45-1-3; f. Criminal recklessness, as defined in I.C. 35-42-2- 2; g. Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal Code; h. Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal Code,- frn°fr~-e~i chi eTr~ - - - - - - - - - ~~~T~~=' r-r-~ T--~?T ' , • L i. Failure to keep vacant property secured against entry;, in violation of Sections 6-37 or 9-2 of the South Bend Municipal Code, or I.C. 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the City has issued a citation for the violation, issued an order to secure, or taken action to abate the condition. j . Failure to comply with Section 16-53, (Conditions Constituting Public Nuisances) , Section 16-58, (Duties of Owners or Persons in Control of Vacant Lots) , or Section 16-59 (Removal of Vegetation) of the South Bend Municipal Code constitutes prohibited conduct whenever the City has verified with the Department of Code Enforcement that such violation has occurred at the property three or more times within a calendar year. Such violation constitutes prohibited conduct regardless of whether the City has taken action to abate the condition or conduct and regardless of whether the City has issued a citation for the violation. k. Violations of any of the following Indiana statutes governing the sale, possession, delivery or receipt of alcoholic beverages: (1) sales, delivery or possession in violation of I.C. 7.1-5-1-1; (2) illecral possession by a minor in violation of I.C. 7.1-5-7-7; (3) furnishing alcohol to a minor in violation of I.C. 7.1-5-7-8; (4) inducing a minor to .possess alcohol in violation of I.C. 7.1-5-7-15; 15) sale or delivery of alcoholic beverages to intoxicated persons in violation of I.C. 7.1-5-10-15; S6) receipt of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-5; S7) purchase of alcoholic beverages from a person who does not hold a permit in violation of I.C. 7.1-5-10-7; or (8) visiting or maintaininc~a common nuisance in violation of I.C. 7.1-5-10-21. (b) Public nuisance. Whenever prohibited conduct as defined in subsection (a) of this section occurs in or upon a building, dwelling, establishment, premises or place, the City deems the building, dwelling, establishment, premises or place to be a disorderly house and a public nuisance. (c} Notice to abate. Whenever the South Bend Police Department or the Department of Code Enforcement has probable cause to believe that prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the owner of the property, and the occupants of the property that the building, dwelling, establishment, premises or place is a disorderly house and as such constitutes a public nuisance and that they must abate the public nuisance (d) Manner of serving notice. The City shall provide notice to the owner of the property, and the occupants of the property in the manner provided by I.C. 36 7 9 25. The City deems the owner of the property, and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice. (e) Penalty and injunctive relief. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance, the City may file an action in any court of general jurisdiction against the owner and/or occupants to enjoin the nuisance and to recover a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) with each day of violation constituting a separate offense. In determining the amount of the fine to be imposed the Court may consider the attempts of the property owners or occupants to address the public nuisance. ~,.,fl Eviction groceedinas as a defense No owner shall be liable for a violation of this section if such owner initiates an eviction proceeding within thirty (30) days of receipt of notice of the prohibited conduct set forth in this section, and diligently pursues eviction proceedings to completion. 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, and publication as required by lbw. Member of the Common uncil Atte 'ty lerk Presented by me to the Mayor of the City of South Indiana on the ?~0-1+~ day of ~ ~-~-~ 2005, at _o' clock ~. m. Cit Clerk ~~.,~^ Approved and signed by me on the ~~ 2005 at ~~~ o'clock ~. m. Mayor, City South Bend, Indiana 1st READING CO -L~ ~~ PUBLIC HEARING 7 `2-S ~pS 3 sd READING ~ -ZS-~~ NOT APPROVED REFERRED PASS® 7 -~- S -~.5- ct„S Bend, 2,'-1 S day of , Filed In Clerk'S Office JUi. ~ 5 i0~~ JOHN VOORDE CITY CLERK, S0.8END, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 40-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted in the committee of the whole. Roland Kelly Chairman