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Home My WebLink About9505-04 Amend Chapter 20, Article 3 - Addressing Abandoned VehiclesORDINANCE No. s,~s~a Passed by the Common Council of the Ciry of South Bend, Indiana April 26, 20 04 Attest: Attest: ~-l/t~1 O~ City Clerk Presented by me to the Mayor of the Ciry of South Bend, Indiana April 27, 20 04 President of Common Council Ciry Clerk Approved and signed by me April 28, 20 04 Mayor Substitute Bill No. 27-04 Ordinance No. S ~5 - 0 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH. BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 3, OF THE SDUTHBEND MUNICIPAL CODE ADDRESSING ABANDONED VEHICLES STATEMENT OF PURPOSE AND INTENT The Common Council notes that § 20-through § 20-30 of the South Bend Municipal Code set forth the city's regulations addressing abandoned vehicles. The Common Council has determined that abandoned vehicles are "detrimental to the health and safety of the general public" and are a public nuisance as well as a health and safety hazard. This ordinance would amend the definition of abandoned vehicle so that it is consistent with the State of Indiana's definition set forth at Indiana Code § 9-13-2-1. It would also include any vehicle which is parked on a city street without a state license plate. This ordinance would also authorize an administrative fee of ten dollars ($10.00) which would be collected from the owner or lien holder of all impounded, abandoned, or inoperable, or inoperative vehicles which would be placed in the city's Abandoned Vehicle Fund. The proposed regulations are aimed at improving the local regulations which deal with abandoned vehicles, and are believed to be in the best interests of the city. ~a-u~ f~ez~~ ~ ~f o2a~ r~~eed by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20, Article 3, Section 20-28 (a) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (a) Abandoned vehicle means:t (1) A vehicle located on public property illegally; (2) A vehicle left on public property without being moved for three (3) days; (3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of--way; ~ Indiana Code § 9-13-2-1, sets forth the state's definition for "abandoned vehicle". (4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty- eight (48) hours; (5) A vehicle from which two-ha~ ''°°~ ~ °~~°a the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property; (6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this Article, if the impounded vehicle ease--~p~ is not claimed or redeemed by the owner or leis the owner's agent within €~een-days twenty (20) days after the vehicle's removal; e~ (7) A vehicle which is at least three (3) model years old, ~~° ~~` °r m°r° a~ is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) *~~~°„*_~ ° ° ~'" `days; or (8) A vehicle located on public property without a state license plate. Section II. Chapter 20, Article 3, Section 20-29 of the South Bend Municipal Code shall be amended by the inclusion of new paragraph (j) which shall read in its entirety as follows: ~i) An administrative fee often dollars ($10.00) shall be collected from the owner of all impounded, abandoned, or inoperative vehicles and placed in the City's Abandoned Vehicle Fund. This fee shall be paid to the Office of the City Controller by the towing service to help defer expenses of enforcement of this Article.Z Section III. This ordinance shall be in full force and effect from d after its passage by the Common Council, approval by the Mayor, an~gal publicat~o~i. Member of the CommoYi Council v~i~`~>. Jo Voord ,City Clerk 2 Indiana Code §9-22-1-27(c), addresses a public agency which administers abandoned vehicles to recover the costs incurred by that public agency for such services. ~x~~,~by me to the Mayor of the City of South Bend, Indiana, on the ~-~~ day of~~_, 2004, at Q'-Op o'clock .m. . r0 --~ Janice T oom, Deputy City Clerk ~s~~~izar~edi amd by me on the day of , 2004, at ~3:.rfl o'clock Stephen J. Lu ,Mayor City of South Bend, Indiana 1st READING 1 ~~' ~~ Q,~ PUBLIC HEARING ~I-L(o-a`1 ~s 1u~r~-~u~ "` 3rd READING y^Lb, l7`( Q,S 1(.~bS`~-4 NOT APPROVED REFERRED PASSED ~-L~ oy ~ S S u-`°3~,~W~Q" Flied !n Clerk's Office ~. -~ ~~ .~~ ~,. CRY TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 27-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ABANDONED VEHICLES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Sean Coleman Chairman F SpU TH ~~~ ~~ O\ ~\~~l~l I~~1~/i d a \~„\ ~! ~ C~t~ of South fiend W ~\ `FACE/j ~ ~ ~~ ~~ -tea Common Council ISfiS 441 County-Cary Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Karen L. White President April 19, 2004 Roland Kelly Vice-President Members of the Common Council Sean Coleman 4`h Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Bill No. 27-04 Addressing Abandoned Vehicles Derek D. Dieter First District Dear Council Members: (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.ci.south-bend.in.us Charlotte D. Pfeifer On Apri17, 2004 I introduced a proposed ordinance for your consideration Second District which would amend two (2) sections of Chapter 20, Article 3 of the South Bend Roland Kelly Municipal Code which addresses "Abandoned Vehicles". Third District The 1St amendment would amend the definition for "abandoned vehicle" Ann Puzzello so that it is consistent with Indiana state law, as well as identify any vehicle which Fourth District does not have a state vehicle license plate as an abandoned vehicle. It is my understanding that other communities include vehicles without state license plates David Varner in their definitions of abandoned vehicles. Fifth District The 2°d amendment is to §20-29 which addresses among other things- fees Ervin Kuspa which may be collected to recover administrative costs to administer the Sixth District abandoned,vehiclereguiations. Sean Coleman Ac Large Since my original filing, discussions have taken place between the Legal Department and the Council Attorney. They recommend that the words "and lien Al "Buddy" Kirsits holder" be deleted from to §20-29. I have incorporated their recommendation At Large into the attached ordinance. Karen L. White This proposed ordinance is supported by the City Administration. Thank At Large you Kathleen Cekanski-Farrar~im el ~ Council Attorney '~ y' ~~ Member zello 4th District Council Member Attachment ~lei;;~ III ~~ul'r£'~~ ~~"~lEo ~1PR 1 ~ 2 :- j i! ddHN YQOP~IE CITY CLEIi!(, 50. E3:hQ, !?l,