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Home My WebLink About8474-94 Amending Chapter 6 Article 8 Section 6-37 Preservation Standards for Historic Landmarks ORDINANCE No. 8474-94 Passed by the Common Council of the City of South Bend, Indiana. March 14, 94 '9 Attest: City Clerk IRENE K. GAMMON , 1/ Attest: President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana March 15, 94 ig City Clerk IRENE K. GAMMON Approved and signed by me 3//' ig 9hiZ Mayor H ti ORDINANCE NO. S 7 47/- i* AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 6-37 OF THE SOUTH BEND MUNICIPAL CODE ADOPTING BY REFERENCE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE/1993, THE MINIMUM MAINTENANCE STANDARDS, AND THE PRESERVATION STANDARDS FOR HISTORIC LANDMARKS IN SOUTH BEND AND ST. JOSEPH COUNTY STATEMENT OF PURPOSE AND INTENT In 1993, Building Officials and Code Administrators, Inc. updated their model code requirements for the maintenance of existing buildings for human occupancy and habitation. The amendments to subsection (a) and (b) of Section 6-37 of the South Bend Municipal Code reflect the changes in the BOCA National Property Maintenance Code of 1993 . Further, this ordinance adopts by reference the Minimum Maintenance Standards and the Preservation Standards for Historic Landmarks as adopted by the Historic Preservation Commission of South Bend. Section 21-117 .2 of the South Bend Municipal Code authorizes the Department of Code Enforcement to cause the maintenance and/or repair of any historic landmark or property to insure that the property is in compliance with standards established for preserving and protecting historic landmarks and property. This ordinance adopts by reference the standards by which such structures are to be measured and it requires the Department of Code Enforcement to keep two copies of the Minimum Maintenance Standards and the Preservation Standards for Historic Landmarks in South Bend and St . Joseph County so that any citizen may inspect the same. The adoption of such standards will better insure the integrity of the Department of Code Enforcement' s enforcement mechanisms . Finally, the amendment found in subsection (h) is a penalty provision which permits the Department of Code Enforcement to issue a citation to any party with a substantial interest in a property when the property is not in compliance with the standards adopted in Section 6-37 of the South Bend Municipal Code. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana as follows : Section I. Chapter 6, Article 8, Section 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 first edition of the BOCA Basic/National Existing Structures Code/1984, fourth edition of the BOCA National Property Maintenance Code/1993, 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 Basic/National Existing Structures Code/1984 National Property Maintenance Code/1993, shall be kept in the department for public inspection. (b) Additions, modifications and deletions . The provisions of the BOCA Basic/National Existing Structures Code/1984 National ti • • Maintenance Code. (2) Sections ES PM 106 .2, 107, 108, 109, 110, and 111 112 shall be deleted in their entirety. (3) The definitions for the following words shall be deleted in Article 2 : Dwellings, dwelling unit, family, hotel, junk vehicle, motel, multi family dwellings, one-family dwelling, rooming house, rooming unit, rubbish and two-family dwelling, and each of the above words shall be defined as provided in the relevant section of the South Bend Municipal Code. (4) Section ES 301 .7, 301 . 10, 333301 . 10 . 1 and 301 . 10 .2 shall be deleted in their entirety. (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) Section ES 303 . 7 shall be modificd to read in its being opened easily from the inside. (5) Sections PM-303 .4 and PM-303 . 8 shall be deleted in their entirety. (G) Section ES 701 .3 shall be modified to read: All (6) Section PM-304 . 12 shall be modified to insert April 1 to October 1 as the dates required for insect screens . (7) Article 9 shall be deleted in its entirety. (7) Sections PM-305 .4, PM-306, and PM-307 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 building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or questroom 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 65 degrees F. (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 Enforcement of Building Standards Law. Pursuant to the authority granted by the Indiana General Assembly through the Acts of 1981, Public Law 309, § 28; as amended by Acts of 1982, Public Law 33, § 34, and Acts of 1986, Public Law 59, Sections 4 through 16, 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 Code Enforcement Department is hereby designated as the executive department which shall administer the provisions of the Enforcement of Building Standards Law. The Director of the Code Enforcement Department 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 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 department for public inspection. (e) (f) The Board of Public Safety shall have the responsibility for fixing the average "processing expense" as provided in the Enforcement of Building Standards Law. (f) (q) Unsafe building fund: (1) As provided by Section 14 of the Enforcement of Building Standards Law, a fund designated as the "unsafe building fund" shall be established in the operating budget of the Code Enforcement Department . 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 Enforcement of Building Standards Law, 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/1993, as adopted by reference in subsection (a) and modified by subsection (b) , or which is in violation of the Enforcement of Building Standards 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 of 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) . 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. //; e- •=r of the C012.n Council • flnmmtttrt atpurt 00 tide Tolman Olounril of tier OIitg of'nuth Nrnd: Your Committee of the Whole to whom was referred BILL NO. 16-94 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 6-37 OF THE SOUTH BEND MUNICIPAL CODE ADOPTING BY REFERENCE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE/1993, THE MINIMUM MAINTENANCE STANDARDS, AND THE PRESERVATION STANDARDS FOR HISTORIC LANDMARKS IN SOUTH BEND AND ST. JOSEPH COUNTY. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly Chairman \4oTH \\1, r 04f "Willi 41 : 2)% City of South Bend I W.„..,-,,, r / Joseph E.Kernan,Mayor 4‘,e ........................... _.,0, k'‘.1865j Department of Code Enforcement Kathleen J.Dempsey Director February 7, 1994 Ms . Ann Puzzello President South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Amendments to Section 6-37 of the South Bend Municipal Code Dear Ms . Puzzello: Attached for filing please find an Ordinance adopting by reference the fourth edition of the BOCA National Property Maintenance Code/1993 with certain additions, modifications, and deletions . Further, this Ordinance adopts by reference the Minimum Maintenance Standards as adopted by the Historic Preservation Commission of South Bend and St . Joseph County at its regular monthly meeting on December 6, 1991 and it adopts by reference Preservation Standards for Historic Landmarks as adopted by the Historic Preservation Commission at its regular monthly meeting on October 21, 1975 . Finally, the Ordinance amends Section 6-37 of the South Bend Municipal Code to add a penalty provision to be imposed against persons with a substantial interest in the property when the structure is not in compliance with the building standards adopted in Section 6-37 of the South Bend Municipal Code. Your favorable review of this Ordinance is respectfully requested. Sincerely, jr J • a) /i,PI' !I- .1,,/hleen J. D-'psey / County-City Building • South Bend,Indiana 46601 • 219/235-9486