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Home My WebLink About18-20 HPC Suspension Ordinance City of South out en (574)235-9321 ht" 1F Fax(574)235-9173 TDD(574)235-5567 Mir Common Counei _ httr.//www.southbend in , ov -` r' r.�` a�'•� 441 County-City Building v 227\\'.Jefferson Blvd r,r South Bend,Indiana 46601 I865IF Filed in Clerk's Office Tim Scott April 7, 2020 APR 0 7 2020 President Karen L.White f DAWN M.JONES Vice-President South Bend Common Council CITY CLERK,SOUTH BEND, IN • Sharon L.McBride 4th Floor, County-City Building Chairperson,Committee of the luteole South Bend, IN 46601 Tim Scott Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH First District BEND,INDIANA,ADDING CHAPTER 21,ARTICLE 13,SECTION 21-12.04(d)TO THE SOUTH BEND MUNICIPAL CODE TO Henry Davis,Jr. SUSPEND MUNICIPAL CODE SECTIONS 21-12.04(6)(3) AND 21- Second District. 12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR Sharon L.McBride SIMILAR ORDER OR ANY DECLARATION OF A LOCAL Third District DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 Troy Warner Fourth District Dear Council Members: Jake Teshka As you know,the entire country,including the City of South Bend, is Fifth District. suffering from a pandemic of Coronavirus disease 2019(COVID-19). In Sheila Niezgodski response,the Governor has issued several Executive Orders which Sixth District essentially limit actions of governmental bodies to "Essential Government Karen L.White Functions"as defined in the Executive Orders. Similarly, Mayor Mueller, on At Large March 19,2020 declared a local disaster emergency. Rachel Tomas Morgan The South Bend Municipal Code establishes certain deadlines for actions by At Large the Historic Preservation Commission Section 21-12.04(b)(3) requires the Lori K.Hamann Historic Preservation Commission to hold at least 4 advertised public At Large hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. Section 21- 12.04(b)(6)(G)requires the Historic Preservation Commission to consider applications for certificates of appropriateness within 45 days after receipt and deems the application approved if not denied by the Historic Preservation Commission within 60 days after receipt of the application. This proposed ordinance suspends Sections 21-12.04(b)(3) and 21- 12.04(b)(6)(G)during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting -OEM /12:-_, Cx . . 7. ofSouth Bend (57+)235-9321 :/. \, Fax(574)235-9173 : 5 t ,..,'"=—,. '. \\,1.rt 1T It") �iCouncil TDD(574)235-5567 t.v� B` . tr"1, COo mo�� http://�v�vw.southbenciin.gov i = ^ 4/ 441 County-City Building•227 W.Jefferson Blvd II ya1. South Bend,Indiana 46601 _ C -')-1 . I865 from COVID-19. Although the Historic Preservation Commission is vitally important to the welfare of the residents of South Bend, I do not believe that the actions identified above fall within the Executive Orders' definition of"Essential Government Functions". I therefore ask that this proposed ordinance be scheduled for first reading at the Council's • meeting on April 13, 2020. Due to the ongoing emergency, I also ask the Council to conduct the second and third readings of the ordinance on April 13,2020. Thank you for your attention to this very important matter. I look forward to your support. Sincerely yours, ///11 . -.) 14?...d../ . I Sharon McBride, South Bend Common Council,Third District Filed in Clerk's Office BILL NO. 18-20 APR 0 7 2020 ORDINANCE NO. 10718-20DAWN JONES CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 21, ARTICLE 13, SECTION 21-12.04(d) TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 21- 12.04(b)(3) AND 21-12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 ("COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly, the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This Ordinance suspends Municipal Code Sections 21-12.04(b)(3) and 21-12.04(b)(6)(G) during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID 19. Section 21-12.04(b)(3) requires the Historic Preservation Commission to hold at least 4 advertised public hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. Section 21-12.04(b)(6)(G)requires the Historic Preservation Commission to consider applications for certificates of appropriateness within 45 days after receipt and deems the application approved if not denied by the Historic Preservation Commission within 60 days after receipt of the application. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 13, Section 21-12.04(d) is added to the South Bend Municipal Code to read as follows: (d) Suspension of Certain Code Requirements The requirements Sections 21-12.04(b)(3) and 21-12.04(b)(6)(G) shall be suspended for the duration of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend resulting from Coronavirus disease 2019. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of , 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2020, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana