Loading...
HomeMy WebLinkAbout07-11-05 Health & Public Safety Health and Public Safety Committee 2005 South Bend Common Council The July 11, 2005 meeting of the Health and Public Safety Committee was called to order at 4:48 p.m. by its Chairperson, Council Member Karen L. White, in the Council's Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Kelly, Kuspa, White Kirsits and Rouse; Citizen Member Martha Lewis, Brad Poulan, Executive Director of the Department of Community and Economic Development Sharon Kendall,Mrs. Kopola, Assistant City Attorney Ann-Carol Nash, City Attorney Charles Leone, Police Chief Thomas Fautz, Sarah Troyer,Dave Smith, Cecilia Gild,Bonnie Rain,Deb Albright,Mark Kramer, Lois Steele, Chuck Kemble,Dave Wozniak, City Clerk John Voorde,Kathleen Cekanski-Farrand, Council Attorney, and Jeff Parrot of the South Bend Tribune. Council Member White noted that the Committee members include Council Members Rouse, Varner,Kuspa and herself. Council Member White indicated that the meeting was called to discuss Bill No. 40-05 which would amend Chapter 13 of the South Bend Municipal Code in order to expand the scope of prohibited conduct which may generate an action to abate a public nuisance. Assistant City Attorney Aim-Carol Nash stated that she would make a presentation on Bill No. 40-05 on behalf of Police Chief Thomas Fautz and the City's Legal Department. She noted that the Legal Department has been working on the proposed ordinance for a number of months. It addresses the public safety concerns raised by 4th District Council Member Puzzello and the many community meetings which she has hosted. The disorderly house ordinance would work similar to the drug house ordinance. A notice to abate would be sent to both the landlord and the tenant upon repeated violations of the ordinance. The City's Legal Department may seek injunctive relief as well as a monetary fine. Ms. Nash noted that the ordinance adds violation of alcoholic beverage laws to the list and amends the loud noise violation section to streamline the enforcement process. She then asked Sarah Troyer, a Legal Intern with the City's Legal Department to distribute proposed handouts which would be used in conjunction with the proposed ordinance(copies attached). In response to a question from Council Member Puzzello, Ms. Nash stated that a police officer will need to document alleged violations of the ordinance. Council Member Puzzello noted that she begin having meetings last year in response to the many disturbances disrupting the peace and quiet of many neighborhoods in her Councilmanic District. She noted that in many instances there were very large and very noisy parties, as well as a large among of litter and trash left after the parties. She stated that such disturbances in residential areas are violating people's rights and that such behavior is not a"right of passage". Council Member White then opened the discussion for comments from the public who wished to speak in favor of Bill No. 40-05. July 11,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1- Martha Lewis stated that she lives in a neighborhood where many of these student rental properties are located. On many occasions she has had to "peel herself off the ceiling" as a result of the raucous noises. Ms. Lewis stated that she is also a landlord and supports the proposed ordinance in that capacity also. Council Member White then asked if there were any individuals who wished to speak in opposition to Bill No. 40-05. Dave Smith who provided a post office box number and zip code of 46630 stated that he believes the ordinance is "overkill". He stated that he is a landlord and believes that the fine of $2,500 is too much. He asked the City to enforce the laws which are currently on the books. Cecilia Gild stated that she has only "good things to say about Notre Dame Seniors for the past six years",noting that they live next to her. Bonnie Rain of 1854 Blair Hills Court in Mishawaka stated that there are far less problems when there are responsible students and responsible landlords. She stated that when she lived in South Bend she had students living near her and her disabled children and did not have any problems. Rita Kopola of 66559 Ivy in Lakeville stated that the ordinance "spreads too broad a blanket" and that it is too restrictive for landlords. Deb Albright of 915 Eash Washington stated that the majority of the noise comes from transients going thru the neighborhoods on their way to bars. He stated that when she had problems, she called the police and the problem was handled. She suggested a group solution of all parties. A realtor living at 1715 East Wayne street stated that he rents the house at 724 East Washington and "strongly opposes the ordinance". He stated that he has made investments in marginal properties, and fears that if such houses are sold that the city would have a bigger problem. Mark Kramer who did not provide an address stated that he owns 50 houses which he believes is an investment of about$3 million. He owns several houses on Washington Street and several on St. Peter. He believes that students are "a vital part of our community". He sees the proposed ordinance as specifically targeting students. He voiced concern over "false reports". He noted that occasionally there are large parties which he believes can be addressed thru communication. Lois Steele inquired why the city would not ticket these individuals and work with Notre Dame. Chuck Kemble of 113 Notre Dame Avenue stated that he has already received a noise complaint, noting that"no effort was made by the neighbors to talk to the students". He believes that most people are reasonable and if neighbors would talk to the students concerns could be addressed. Dave Wozniak of 806 East Wayne inquired whether the proposed ordinance is constitutional. Council Member Dieter asked if verbal warning would have to be given first, noting that police are required to document. He stated that this ordinance would be enforced city-wide, 24-hours a day. July 11,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 2- City Attorney Charles Leone stated that his department is currently working on the noise ordinance itself He stated that the proposed ordinance could be enforced at any time. Council Member Kelly voiced concern that the ordinance might provide an opportunity for neighbors to use it against each other. He noted that he has a son that lives on Pokagon and does not have noise problems. Council Member White voiced concern over the lack of enforcement of all quality of life ordinances which are now on the books. She noted that the problems addressed in these ordinance are experienced throughout the city. She suggested quarterly updates on the enforcement of all of these ordinances. Council Member White also expressed concern about the number of ordinance tickets which have been voided and suggested that the Council needs more information as to why. The Council Attorney noted that a series of Health and Public Safety Committee meetings were held last Fall and that several community meetings where held this year at the Robinson Center. All of the universities and colleges were invited to participate, as well as students, neighbors, neighborhood groups and landlords. At the last community meeting it was agreed that if new legislation was necessary that all parties would work to have it in place by August 1st so that all of the universities and colleges could make their students aware of the regulations during their orientations. Council Member Rouse noted that he attended some of the community meetings held, and noted that problems of this type he has been experiencing all his life. He stated that he believes that the problems can be resolved but perhaps the city may be using the wrong approach, noting that there are some individuals who do not want rental properties in their neighborhood. Council Member Rouse stated that he agrees with Council Member Puzzello that something must be done. Council Member Kuspa noted that there are many parties held in the 6th District, and that the ordinance would affect Simeri's which is located in his District. He voiced concern as to whether the ordinance would also be addressing the many church festivals, and believes that the ordinance may have"too heavy a hammer". Council Member Puzzello stated that she has been attending meetings on these problems for the past 1 1/2 years,with many of these meetings having 40-50 people in attendance. She has talked with all of the colleges as well as to the police department. The Police Department has repeatedly told her that it takes more officers than the city can afford to address these problems. Council Member Puzzello stated that Mr. Kramer came to the last two community meetings and stated that if he knows that the police are coming he calls the students and tells them to "slow students down". The University of Notre Dame has problems with documentation. She stated that there is a real need to hold landlords responsible, as well as people who violate local ordinances, with many of them being students. The ordinance is attempting to solve problems which exist, and exit in many of the residential neighborhoods near Notre Dame. Last year she witnessed a party on St. Peter with over 100 students. Council Member Kirsits stated that there are "serious problems out there and that Notre Dame has a serious drinking problem which the university has addressed by pushing the problem July 11,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 3- , off-campus". He stated that the South Bend Fire Department is out of ambulances on football weekends. He sees the ordinance as a means to control keggers. He stated that if any one would ride with him on those weekends,they could see first hand how serious the problems are. There are many neighborhoods where emergency vehicles cannot get in or out. He cited that "coach burning festival" held at Turtle Creek apartments. Students live across from Fire Station # 2, and if both the landlords and students were held responsible many of the problems could be addressed. He voiced concern that he sees the problems spreading to IUSB when they go residential. Council Member Kelly stated that he was once a landlord and the only problem he had was getting the rent on time. There were many great problems on football weekends but the people became"dear friends", noting that there will always be"bad stories". Council Member Dieter stated that the Legal Department has to let the police department know how the ordinance will be enforced. Asst. City Attorney Ann-Carol Nash stated that "calls for service" to the Police Department would be one factor used, and there must be a violation of the ordinance. With regard to the question raised as to the proposed ordinance being constitutional, she noted that the same argument was raised with regard to the drug house ordinance ten years ago. The City is seeking to hold people responsible for their behavior and to address problems which exist. The City would not target landlords, but would have uniform enforcement throughout the city when there are violations, including violations occurring at owner-occupied houses. Council Member Rouse noted that there is a process spelled out in the drug house ordinance and perhaps the process should be spelled out in the proposed nuisance house ordinance. Ms. Nash stated that the process is similar. It would include notice to both the owners and occupants; have dialogue, and then enforcement. City Attorney Leone state that his department would like to have the latest technology for noise enforcement and that his department may have a separate ordinance addressing noise available in 3-4 weeks, and then have it"field operational". Council Member Kuspa then made a motion, seconded by Council Member Rouse that Bill No. 40-05 be sent to the Council without recommendation. The motion passed. Under miscellaneous business, Council Member White stated that she would like a status report from the City Administration on all quality of life ordinances and in particular the ordinances addressing panhandling,ticket scalping,noise, loitering; which details all enforcement measures. There being no further business to come before the Committee, Council Member White adjourned the Committee meeting at 5:40 p.m. Respect lly submited, / uncil Member Karen L. Ste, Chairperson Health and Public Safety Committee KCF:kmf Attachments July 11,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 4-