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HomeMy WebLinkAbout8463-94 Amending Article 8 of Chapter 16 Regarding Conditions Constituting Public Nuisances • ORDINANCE No. 8463-94 Passed by the Common Council of the City of South Bend, Indiana_ February 14, 94 l0 Attest: - City Clerk IRENE K. GAMMON Attest: /Lt[ - �`/ -/ -✓ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— February 15, ig City Clerk IRENE K. GAMMON Approved and signed by me 19 (1:71414__ Mayor ORDINANCE NO, g (n`3-n{ AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS AND RANK VEGETATION ON TAX DUPLICATE FOR THE PROPERTY AFFECTED. Statement of Purpose and Intent The State legislature has enacted a statute which authorizes the legislative body of municipal corporation to collect outstanding invoices for removal of weeds and rank vegetation by placing the amount due and owing on the tax duplicate for the property affected. I .C. 36-7-10 . 1 provides that the Department of Code Enforcement shall certify to the Auditor of St . Joseph County the amount of the unpaid bill plus any administrative costs incurred in the certification. The statute further provides that an ordinance will greatly streamline the Department of Code Enforcement' s collection efforts in the area of clean ups for weeds and rank vegetation while at the same time preserving the due process rights of the affected property owners . NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, as follows : Section I. Chapter 16, Article 8, Section 16-53 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 16-53. Conditions constituting public nuisances. (a) In addition to what is declared in this article and Code to be a public nuisance, those offenses which are known to the common law and the Statutes of Indiana as public nuisances may, when found to exist within the City limits, be treated as such and be proceeded against as provided in this article and Code, or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this article it refers to a public nuisance. (b) 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. (c) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter: (1) Litter. (2) Grass and weeds over twelve (12) inches high, but not including small trees and bushes . (3) (2) Fallen trees or branches, stumps, dead trees, cut brush, fallen or cut limbs. (4) (3) Boxes, appliances, furniture,household items (7) (6) Accumulated Garbage and Trash. (8) (7) Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, ftnd scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated, or non-operable jjetskis, snowmoblies, motorcycles, bicycles, traiders,_._or mopeds. (9) (8) Structures defaced with paint or wording. (10) (9) Any portion of real property or any personal property which emits an unwholesome odur. (11) (10) Any waste water, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed or caused to be upon any public or private property. (12) (11) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage . (13) (12) Any dead animal or animal parts . (14) (13) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pool upon any public property. (15) (14) Any real or personal property which is infected with contagious disease and or is likely to cause an immediate health hazard. (1G) (15) The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition. (17) (16) Any real or personal property, used as a place of residence or habitation or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation or garbage and trash removal . (18) (17) The storage of any explosive, combustible or other material which creates a safety or health hazard. (19) (18) Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards . (20) (19) Trash or garbage containers left upon the sidewalk, the area between a street and sidewalk or the front or side yard, except as permitted by this Code for trash and garbage collection purposes . (21) (20) Building materials stored on any lot in violation of Sec . 16-60, below. (21) Any furniture, not originally designed or manufactured solely for outdoor use; or any furniture which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated. • (a) Any person owning or controlling any vacant lot within the City must keep same free of trash, litter, debris, garbage and similar material . (b) All persons owning or controlling vacant lots shall mow the lot or cause it to be mowed before the weeds or grass thereon reach a height of more than twelve (12) nine (9) inches . (c) If the person owning or controlling a vacant lot fails to maintain it in accord with the conditions set forth in this article, the Board of Public Works or its designee shall proceed with the abatement procedures as set forth in sections 16-56L 16- 57 and 16-59 of this article. Section III . Chapter 16, Article 8, Section 16-59 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Sec . 16-59 . Removal of Vegetation. Notwithstanding any other provision of this article, thc Board of Public Works or its designee may employ thc procedures t . when weeds or grass on real property reach a height of more than twelve (12) inches and the landowner, aftcr proper notice, fails to remove the vegetation. (a) Definitions . As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9) inches high, but not including small trees and bushes . (b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or his agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists . Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists . (c) Failure to Comply. Upon a failure to comply with a notice issued pursuant to subsection (b) , the Department of Code Enforcement or an entity acting on behalf of the Department of Code Enforcement may enter upon the property to abate the violation of this section by cutting the weeds and rank vegetation. (d) Bill Issued to Record Owner. In the event the Department of Code Enforcement or an entity acting on its behalf is forced to remove the weeds and rank vegetation, the Department of Code Enforcement shall issue a bill to the record owner of the property or to the person shown to have the right of exclusive possession of the property. The bill shall include removal costs as well as any administrative costs incurred in the certification. (e) Appeals . Any appeal of either the removal notice or the bill must be made in writing within ten (10) days of the date of the document being appealed. The appeal must be in writing and must be filed with the Director of the Department of Code Enforcement . If a written appeal is filed with the Department of Code Enforcement, the matter shall be scheduled for a hearing (f) Failure to Pay Bill . If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the Order if an appeal of the bill was made, the Department of Code Enforcement shall certify to the Auditor of St . Joseph County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of St . Joseph County shall then place the entire amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall, upon collection, be disbursed to the general fund of the City of South Bend. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. ,e/e Membe : the -ommol Ai ouncil SOUTH.B�\\I1 04A-Mil��� ib"v+.111 j";. ,�\\�iiUi,- ts� City of South Bend _� II\ �'. � Joseph E.Kernan,Mayor hit, ,,e .... '.a'�i�% Il t • 1865 Department of Code Enforcement Kathleen J. Dempsey Director January 14, 1994 Ms . Ann Puzzello President South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 RE: AMENDMENTS TO SECTIONS 16-53, 16-58, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE. Dear Ms . Puzzello: Attached for filing with the Common Council, please find an Ordinance which amends Section 16-53 of the Municipal Code regarding conditions constituting a public nuisance. Further, the Ordinance provides the Department of Code Enforcement with a mechanism by which unpaid invoices for the removal of weeds and rank vegetation may be placed on the tax duplicate for the property affected. I am hopeful that these changes to these ordinances will greatly aid our enforcement of the environmental ordinance and in our collection and enforcement of the weed and rank vegetation ordinance. Sincerely, -1)/. / th een J. mpsey/ County-City Building • South Bend,Indiana 46601 • 219/284-9486 flnmmittrr larport au tie Mnntnwn Qlounrit of Or f]itg of*nutty Brad: Your Committee OF THE WHOLE to whom was referred BILL NO. 6-94 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS AND RANK VEGETATION ON TAX DUPLICATE FOR THE PROPERTY AFFECTED. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable; as amended, in Section I, (7) add the word "trailers" after bicycles. Roland Kelly Chairman FREE PRESS PUBLISHING CO.