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Home My WebLink AboutAmending Chapter 2 Inclusion of New Article 19 Ordinance Violations Bureau • • ORDINANCE No. 7950-88 Passed by the Common Council of the City of South Bend, Indiana_ December 12, ig 88 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ December 13 , Ig 88 City Clerk IRENE K. GAMMON Approved and sired by mee_ "'` Mayor Bill No. Ordinance No. ¢j c p --2:i AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 19 ENTITLED "ORDINANCE VIOLATIONS BUREAU. " STATEMENT OF PURPOSE AND INTENT On February 29, 1988, Public Law No. 177-1988 took effect. This law permits the establishment of an Ordinance Violations Bureau and the appointment of a violations clerk. The new State law permits the violations clerk to accept payments of civil penalties of not more than twenty- five dollars ($25.00) in ordinance violations cases. This law further provides that "all sums collected by the violations clerk as civil penalties for ordinance violations shall be accounted for and paid to the municipal corporation as provided by law. " It is believed that the establishment of an Ordinance Violations, Bureau would be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 2 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Article 19 which shall read in its entirety as follows: Article 19. Ordinance Violations Bureau 1 Sec. 2-212 Creation of Ordinance Violations Bureau (a) An Ordinance Violations Bureau is established for the City. (b) The City Clerk shall be appointed the Violations Clerk and shall be the administrator of the Bureau. (c) The Ordinance Violations Bureau shall have all power and duties authorized by State law. 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 with implementation to begin February 3, 1989. //el' Oe- 4p/fi/ ( /,/ ,OUTH �A\1,1 4` I I `''i �~ ; City of South Bend ��: �\ �•;_ / Joseph E. Kernan, Mayor 1'it, f, pi }.�,.: = : i � 111 \865 !'° South Bend Common Council John Voorde Ann Puzzello Thomas Zakrzewski President Vice-President Chairman. Committee of the Whole November 8, 1988 Members of the Common Council Council Chambers 4th Floor County-City Building South Bend, Indiana 46601 Re: Ordinance Violations Bureau Dear Council Members: The attached Bill would create an Ordinance Violations Bureau for the City of South Bend. Under a State law which took effect February 29, 1988, the City is empowered to create such a Bureau which may accept written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $25.00 in ordinance violations cases. This law provides that the violations clerk, who would be the administrator of the bureau, may be the City Clerk. In reviewing the State law it appears that this would be the first step in creating a specific bureau and process within the City to allow collections of civil penalties for ordinance violations. The second step, pursuant to Indiana Code Section 33-6-3-2, would be that the Common Council would designate by ordinance, a schedule of ordinance and code provisions of the Municipal Corporation that are subject to admission of violation before the violations clerk and the amount of civil penalty to be assessed a violator who elects to admit a violation. This second step may take place upon the appointment or designation of the violations clerk. County-City Building • South Bend, Indiana 46601 • 219/284-9321 Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas First District Second District Third District Fourth District Fifth District Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand Sixth District At Large At Large At Large Council Attorney It is my intention that the Common Council would work closely with the City Clerk and City Administration in the establishment of such a schedule and the amount of civil penalties. It is my belief based on several years of experience in law enforcement and in dealing with the public, that the City would be in a much better position by the creation of such an Ordinance Violations Bureau. In this way we can control and monitor the payment of civil panalties for ordinance violation cases. It is also important to note that all sums collected are to be paid directly to the City. Because there will be much work that must be done before the Ordinance Violations Bureau can be totally operable, I have suggested that the effective date of this Ordinance be the first Friday of 1989 namely January 6, 1989. In this way hopefully the City will have ample time to designate the schedule of ordinance and code provisions and civil penalties for them, as well as to set up a practical and economic procedure for the administration and running of the Ordinance Violations Bureau through the City Clerk's Office. I look forward o discussin this important of legislation with you. Tha ou. Sincerel , Donald N'/godski, Council Member Second ystrict cc: Irene Gammon, City Clerk Mayor Joseph Kernan Richard Nussbaum • f nmmtttn &port Ulu the Q umnu n flounrit of Up tit of$midlt rnd: Your Committee of the Whole to whom was referred BILL NO. 115-88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 19 ENTITLED "ORDINANCE VIOLATIONS BUREAU. " Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by changing the effective date to February 3, 1989 Thomas Zakrzewski Chairman FREE PRESS PRIEWNP PUBLISHING CO.