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Home My WebLink About8455-94 Amending Chapter 20 Article 1 Section 20-17 Authorizing Inspectors with the Dept of Code Enforcement Enfoce Provisions Chapter 20 f l 1 ORDINANCE No8455-94 Passed by the Common Council of the City of South Bend, Indiana. January 24, 94 19 Attest: "`' City Clerk IRENE K. GAMMON Attest: _ / - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 25, 94 I9 City Clerk IRENE K. GAMMON Approved and signed by me 1-7/ Ig 94 ° ' Mayor • ORDINANCE NO. 1 4-1 S 5 - 7 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20-17 OF THE MUNICIPAL CODE AUTHORIZING INSPECTORS WITH THE DEPARTMENT OF CODE ENFORCEMENT WHO HAVE OBTAINED A SPECIAL COMMISSION TO ENFORCE THE PROVISIONS OF CHAPTER 20 . STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 20 of the Municipal Code to permit Inspectors with the Department of Code Enforcement to enforce the provisions of Chapter 20 . Specifically, it is envisioned that Code Enforcement Inspectors will provide assistance with the enforcement of traffic regulations during snow removal conditions . NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana as follows : Section I . Chapter 20, Article 1, Section 20-17 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Section 20-17 . Violations; Notice; Contents; Copies (a) The Police Department shall enforce the provisions of this chapter. Additionally, the City of South Bend, acting by and through its Board of Public Works, may provide for the enforcement of this chapter by contract with a private party, subject to the following conditions : (1) Any private party under contract to enforce the provisions of this chapter shall comply with any and all rules, regulations, practices and policies of the City and shall cause the enforcement of this chapter by its agents and/or employees to be undertaken in accordance with all such rules, regulations, policies and practices . (2) Any private party under contract to enforce the provisions of this chapter and any of its agents and employees shall perform all duties under such contract in accordance with any and all instructions received from the City' s designated agent or agents . (3) All employees or agents of a private party under contract to enforce the provisions of this chapter who are assigned to enforce the provisions of this chapter must first obtain a special commission from the Board of Public Safety, revocable at the discretion of the Board of Public Safety, authorizing them to undertake such enforcement activities . Under no circumstances, however, shall any such individual by virtue of such commission be deemed an employee, servant, officer or agent of the City. (4) Any private party under contract to enforce the provisions of this chapter shall cause to be issued by its employees or agents violation notices on forms prescribed by the Police Department . (b) Whenever a member of the Police Department or other person charged with the enforcement of this chapter finds that any section or sections are being violated or have been violated by the owner of any vehicle, he shall notify the owner or operator of such vehicle, in writhing, on a form to be provided by the City, of such violation. (c) The notice shall : ti and there discover. (d) One (1) copy of the notice shall be presented to the violator, owner or operator of such vehicle. In case such violator, operator or owner shall not be in possession of the vehicle, the posting of such notice or the attachment thereof to a conspicuous place on such vehicle shall be deemed a sufficient notice of such violation. The notice shall require the person notified to appear within five (5) days of the issuance of the notice at the Ordinance Violations Bureau and at that time make payment of the fine assessed. The officer serving such notice shall file the duplicate copy in the office of the Ordinance Violations Bureau. (e) In addition to those individuals and entities set forth elsewhere in this section, Department of Code Enforcement Inspectors who have obtained a special commission from the Board of Public Safety and specially commissioned civil defense police officers of the South Bend Police Department shall have the power to enforce the provisions of this chapter, subject to the conditions set forth elsewhere in this section. Section II . 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 as required by law Me .• of the Co `•'Council Conuntttrr apart Ulu Ike Mourn= (Iouurtl of tip (dam of*will limb: Your Committee of the Whole to whom was referred BILL NO. 121-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20-17 OF THE MUNICIPAL CODE AUTHORIZING INSPECTORS WITH THE DEPARTMENT OF CODE ENFORCEMENT WHO HAVE OBTAINED A SPECIAL COMMISSION TO ENFORCE THE PROVISIONS OF CHAPTER 20. • 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 } 4;- t , ��rS0UtII ,.4 #,....\4 � ,,,F 4: ' z City of South Bend rr;ncr: W \� ' ;� a� Joseph E. Kernan. Mayor y �"?t /865 ,: t ta n A Department of Law Richard A. Nussbaum, II, City Attorney December 6, 1993 Mr. Steve Luecke President Common Council County-City Building South Bend, IN 46601 RE: Amendment to Section 20-17 of the South Bend Municipal . Code. Dear Mr. Luecke: e Attached for filing please find an Ordinance amending Chapter 20, Article 1, Section 20-17 of the South Bend Municipal Code authorizing inspectors with the City' s Deparment of Code Enforcement to issue parking citations for violations of Section 20-105 regarding traffic regulations during snow removal conditions. Theses inspectors would first receive a special commission from the Board of Public Safety before they would be eligible to write any citations . If you have any questions regarding this matter, please do not hesitate to contact me. .inc- •ly, Jo E. Broden -istant City Attorney c:2luecke cc: Tom Bodnar 1400 County-City Building • South Bend, Indiana 46601 • 219/235-9241 TDD # (219) 235-5567 Thomas L. Bodnar John E. Broden Aladean M. DeRose Jeffrey M. Jankowski Jenny Pitts Manier Mary Hall Mueller Robert C. Rosenfeld