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Home My WebLink AboutAmending Chapter 13 entitled Real Estate which is used for the Illegal use or sales of narcotics or controlled dangerous substances .: •• ORDINANCE No. 8202-91 Passed by the Common Council of the City of South Bend, Indiana.- August 12, 91 19 Attest: 1/4.1t-t--,-e---"r City Clerk IRENE K. GAMMON Attest: .,,, i President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— -- August 13 , 91 19 - N-4,......_ City Clerk IRENE K. GAMMON Approved and signed me actOtt-a+ / 19 9( C:7"-ra-e:"-'(----------Apia 8n d �' Mayor • Bill No. Ordinance No. 8',2 6),2- 9 l AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13-75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." STATEMENT OF PURPOSE AND INTENT The Common Council and the City Administration have determined that this amendment to Chapter 13 , Article V, of the South Bend Municipal Code, entitled "Offenses Relating to Property" , is necessary. The following bill will give the police department and other departments and agencies of the City of South Bend another tool to use in building a stronger, safer City. This bill is deemed to be in the best interest of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I : Chapter 13 , Article V, of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of a section, Section 13-75.1, which shall read in its entirety as follows: Section 13-75.1 Real Estate Which Is Used For the Illegal Use Or Sales Of Narcotics Or Controlled Dangerous. Substances. (a) PURPOSE. The Council finds it to be in the interest of the residents of the City of South Bend and the general public to provide for the regulation of conduct it deems to ;be offensive; to prevent vice, disorder, and immorality; and to promote public peace, health and safety, and to this end the council enacts this section. (b) PERMITTING USE OF REAL ESTATE FOR ILLICIT DRUG ACTIVITY. No •erson who has le•al or equitable ownershi• of real estate located in the City of South Bend shall knowingly allow that real estate to be used as a site for any use or sale of illicit narcotics or controlled dangerous substances, after having received written notice pursuant to I.C. 36-7-9-25, from the City of South Bend or any agency or political subdivision thereof that a present occupant or tenant of that property has been using or selling illicit narcotics or controlled dangerous substances or allowing the using or selling of illicit narcotics or controlled dangerous substances at that property. A legal or equitable owner of such real estate is deemed to have knowled•e of such activit u•on receipt of notice as set forth herein. (c) NOTICE. Notice is deemed to be given to the owner, upon receipt of Notice, as indicated above, by the owner of record pursuant to the St. Joseph County Assessor' s Office Records. (d) DISCRIMINATION FORBIDDEN. Nothing in this section shall be construed to encourage or authorize the discrimination by lessors against any person(s) based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this section to hold persons accountable for acquiescencing in or participating in the continued use of his/her property as the location of illegal drug activity, after having received notice as set forth in section "c" above. • r i .. Owner having received notice as set forth in sections "b" and "c" consisting of one of the following activities: 1 . Conduct of tenant(s) and his/her visitors as observed by the lessor, or city officials, or agencies, or political subdivisions thereof; or, 2. Information regarding suspected illegal activities on that property received by the owner or equitable owner as determined by the Records of the Assessor' s Office of the County of St. Joseph, from third parties, such as other tenants of the property or persons residing or working in the vicinity of the property, and investigated by an agency or political subdivision of the City of South Bend. (f) EVICTION PROCEEDINGS AS A DEFENSE. No person shall be. charged with the violation of this section if such person: 1. has instituted an eviction proceeding within thirty (30) days of receipt of notice of criminal activities as set forth in section "b" above against the tenant( s) and; 2. complete the same within thirty (30) days of commencement. (g) MULTIPLE UNIT DWELLINGS. In the case of a multiple unit dwelling, the only person(s) necessary to name in an eviction proceeding is the person occupying the actual unit involved with the activity suspected, and/or the person suspected of the activity described herein. (h) PENALTY. Whoever violates any provisions of this section shall upon conviction thereof be fined not less than fifty dollars ( $50.00) per day nor more than twenty-five hundred dollars ($2,500. 00) per day and costs of prosecution. Section II : This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and proper legal publication. Membe of South Bend Common Council City of South Bend • ----�� - . Common Council ;57 1 County-City Building • South Bend, Indiana 46601 July 12, 1991 (219) 284-9321 Thomas Zakrzewski Fellow Councilmembers : President I am pleased to introduce the attached Bill which Loretta Duda can help make our neighborhoods safer places to Vice-President live. If passed, this Bill will provide the Police Department and the Legal Department with another Sean Coleman tool in the fight against drugs. The premise is Chairman. Committee that the use and/or sales of narcotics or controlled of the Whole dangerous substances is is injurious to the public peace, health and safety. Therefore, it would make it illegal for any person to knowingly allow their Stephen Luecke property to be used for such activities. First District When police are able to find evidence of such drug Donald Niezgodski use or sales , the Legal Department may send official Second District notice to the owner of the property. Said owner William Soderberg must then curtail the criminal activities. If the Third District offending parties are evicted from the property in a timely manner, no charges will be brought for Ann Puzzello violation of the ordinance. If the parties are not Fourth District evicted and the criminal activities continue, the owner of the property may be liable for fines up Linas Slavinskas to $2,500 per day. Fifth District Thomas Zakrzewski I recommend that this Bill be sent to the Public Sixth District Safety Committee for review and recommendation. I look forward to discussing it further with you. It Sean Coleman won' t solve the drug problem, but it should be a At Large help in the effort to curtail drug use and sales . My special thanks to Jeff Jankowski for his help in Loretta Duda researching and drafting this legislation. I would At Large appreciate any suggestions to improve the bill, and John Voorde hope for your favorable consideration. At Large Sincerely, Kathleen Cekanski-Farrand Stephen Luecke Council Attorney • off!!.4 X11 • " % City of South Bend I',' y 1865 ''� Joseph E. Kern* Mayor Office of the Mayor July 15, 1991 Donald Niezgodski, President, The South Bend Common Council County -City Building, 4th Floor South Bend, Indiana 46601 RE: AMENDMENTS TO CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE Dear Mr. Niezgodski and Council Members: Enclosed please find proposed amendments to Chapter 13, Section V, of the South Bend Municipal Code-, concerning "Real Estate Which Is Used For The Illegal Use Or Sales Of Narcotics Or Controlled Dangerous Substances." This Ordinance will allow the City of South Bend to order a • landlord to evict tenants who are suspected of using, selling, or in anyway distributing narcotics or dangerous illegal substances. The notice will be sent to the landlord only after a thorough police investigation reveals a reasonable suspicion that such activity is taking place at a tenant's residence. This Ordinance will give the police one more tool in helping them build a safer and more secure city for all of our citizens. I would like to thank Councilman Steve Luecke and the City Legal Department for their hard work in drafting this proposed Ordinance for the safety of the citizens of South Bend. Thank you for your respectful consideration. Sinc-rely, Jo-_ep E. Kernan Ma ow, City of South Bend County-City Building • South Bend, Indiana 46601 • 219/284-9261 • Telefax (219)284-9892 Jack Reed James R. Caldwell Mikki Dobski Administrative Assistant Administrative Assistant for Neighborhoods Community Affairs f�nntm�t#�er Irpur# Ulu the Comm Qlounril of tlp, ( ttij of*nutty Bruhn: Your Committee of the Whole to whom was referred BILL NO. 46-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13-75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Loretta Duda