HomeMy WebLinkAbout6-28-19 Press Release- Letter from Council Member Tim ScottTim Scott
1 ST District Council Member
Common Council President
NEWS RELEASE
Subiect: Letter from First District Council Member Tim Scott to City of South Bend
Administration Regarding Drewry's Site
Date: Friday, June 28, 2019
Contact: tscott@southbendin.gov
FOR IMMEDIATE RELEASE
Letter from First District Council Member Tim Scott to City of South Bend
Administration Regarding Drewry's Site
The following letter was sent from First District Council Member and Council President Tim Scott to
Mayor Pete Buttigieg; Tracy Skibins, Director of Code Enforcement; Stephanie Steele, Corporation
Counsel; and Eric Horvath, Director of Public Works this morning:
Dear Mayor Buttigieg, Ms. Skibins, Ms. Steele and Mr. Horvath,
Once again, the Drewry's site occupies space on the front page of the South Bend Tribune as it continues
to be a detriment to the residents of the Northwest side. The Indiana Department of Environmental
Management (IDEM) has discovered cancer-causing asbestos on the site.
Asbestos on the Drewry's site will cause cancer. Any risk of exposure to asbestos to the residents around
the Drewry's site through air borne asbestos fibers blown by the wind or carried through water runoff
when rain water washes down the neighborhood streets is absolutely unacceptable. Drewry's is the
textbook definition of a nuisance property with a high risk to the residents' health and safety.
It is time to protect the residents of South Bend's Northwest side, since the owner from Arizona will not.
Enough is enough, the City has tried to work with the owner to clean up this site for years with no
cooperation. This site needs to be properly cleared and cleaned and it needs to start today.
I demand the City to proceed immediately clean up under the following City ordinances:
1. South Bend Municipal Code section 16-53(b) states: No owner, occupant, tenant, or any
other person having a substantial interest in any real or personal property within the City,
or any agent thereof, shall permit or allow to remain on or within .such property or upon
public ways abutting such real property any materials, trash, garbage, debris or any other
matter which is detrimental to public health, comfort, safety or to the aesthetic well-being
of the community.
227 W. Jefferson Blvd. Rm. 441
Office:
(574) 235-5983
FAX: (574) 235-5575
County -City Building South Bend, IN
Voicemail:
(574) 235-5980
TDD: (574) 235-5567
46601-1830
Cell:
(574) 538-1936
Email:.TSCOTT@SOUTHBENDIN.GOV
Tim Scott
1 ST District Council Member
Common Council President
2. Code sectionl6-53(c)(4) states that "demolition remains" constitute a public nuisance.
3. Code section 16-53(c)(14) states that "any real or personal property which is infected with
contagious disease or is likely to cause an immediate health hazard" is also a public
nuisance.
4. Code Section 16-55 states: Notice prior to abatement by City. The Board of Public Works
or its designee shall give forty-eight (48) hours' notice, in writing, to remove from any real or
personal property within the City any object or condition which is deemed to be a public
nuisance under Section 16-53 of this article. Such notice shall be given to the owner of record
or their agent, and to any tenant or occupant of the property upon which nuisance exists.
Notice to the record owner may be mailed to their last known address. Notice to any tenant or
occupant may be given by posting same in a prominent place upon the premises where the
nuisance is located.
5. Sec. 16-56 states: Failure to comply with notice to abate. Failure, neglect, or refusal by the
record owner or their agent, or the tenant or occupant, to comply with the terms of the notice
given pursuant to Section 16-55 shall constitute a violation of this article. Each day's failure,
neglect or refusal to abate the nuisance following notice pursuant to Section 16-55 shall
constitute a separate offense under this Article.
6. Sec. 16-57 permits abatement by the City: Upon the failure, neglect or refusal of any party to
whom notice to abate a nuisance has been given under Section 16-55 or whenever a nuisance
exists which creates a health or safety hazard requiring immediate abatement in order to
protect public health or safety, the Board of Public Works or its designee may abate the
nuisance, keeping accurate account of all costs, and bill them to the record owner or to the
person shown to have the right of exclusive possession of the property. Appropriate legal
action may be taken to collect such costs if they remain unpaid forty-five (45) days after the
billing date. Unpaid costs may be made a lien against the property.
The City is dutybound to protect the health and welfare of its residents. Immediate action is necessary to
fulfill this duty.
Sincerely,
Tim Scott
South Bend Common Council, First District
F.' f:3
227 W. Jefferson Blvd. Rm. 441 Office: (574) 235-5983 FAX: (574) 235-5575
County -City Building South Bend, IN Voicemail; (574) 235-5980 TDD: (574) 235-5567
46601-1830 Cell: (574) 538-1936 Email:.TSCOTT@SOUTHBENDIN.GOV