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Home My WebLink AboutBill No. 17-22 Amending Chapter 16, Article 8, Sec. UT e City of South Bend (574)235-9321 14W -I Fax(574)235-9173 U MACE Common Council TDD(574)235-5567 http://www.southbendin.gov 441 Count}'-City Building• 22- W.Jefferson Blvd M 1865. South Bend,Indiana 46601 April 6,2022 Sharon L.McBride President South Bend Common Council Sheila Niezgodski Vice-President 4`h Floor,County-City Building Canneth Lee South Bend, IN 46601 Chairperson,Committee of the Whole Re AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND,INDIANA,AMENDING CHAPTER 16,ARTICLE 8, Canneth Lee SECTIONS 16-54, 16-57,AND 16-59 OF THE SOUTH BEND First District MUNICIPAL CODE TO MAKE TEXT CHANGES Henry Davis,Jr. Second District Dear Council Members: Sharon L.McBride Third District Chapter 16 of the South Bend Municipal Code contains provisions by which the Board of Public Works and the Department of Code Enforcement have Troy Warner the authority,under specified circumstances,to abate nuisances, including Fourth District the removal of"weeds and rank vegetation." If the landowner or other Eli Wax person entitles to exclusive possession fails to comply with a notice to abate Fifth District a nuisance, including the cutting of grass and weeds and removal of weeds or rank vegetation,the Board of Public Works and the Department of Code Sheila Niezgodski Enforcement or its designee may enter the property and abate the violation. Sixth District The purpose of these amendments is to change the discretionary authority of Karen L.White the Board of Public Works and the Department of Code Enforcement to At Large mandatory duties. Rachel Tomas Morgan Nuisances occur on private property. We continue to see conditions At Large including overgrown vegetation in our neighborhoods which pose many Lori K Hamann different kinds of threats,both to public safety and to economic At Large development. We hope that these amendments result in safer,more attractive neighborhoods which, in turn,will spur economic development. We ask that this ordinance be given first reading on Monday,April 11, 2022, and assigned to the Health and Public Safety Committee, for further proceedings. Thank you for your consideration. Filed in Clerk's Office i APR 06 2022 DAWN M.JONES CITY CLERK,SOUTH—.BEND,IN UT 401d\ City of South Bend (574)235-9321 � Fax(574)235-9173 «�� tv Common Council TDD(574)235-5567 http://www.southbendin.gov 441 County-City Building• 227 W. I efferson Blvd �. 865-- - ■ South Bend,Indiana 46601 I Sincerely yours, Henry Davis,Jr., South Bend Common Council, Second District Lori K. Hamann., South Bend Common Council, Member At Large Filed in Clerk's Office APR 1) F 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN BILL NO. 17-22 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code contains provisions whereby the Board of Public Works and the Department of Code Enforcement have the authority,under specified circumstances, to abate nuisances, including the removal of"weeds and rank vegetation." If the landowner or other person entitles to exclusive possession fails to comply with a notice to abate a nuisance or remove from and real or personal property within the City weeds or rank vegetation, the Department of Code Enforcement or its designee may enter the property and abate the violation. The purpose of these amendments is to change the discretionary authority of the Board of Public Works and the Department of Code Enforcement to mandatory duties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 16, Article 8, Section 16-54 is hereby amended to read: Sec. 16-54. Citations. When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring property into compliance and have not done so, the Board of Public Works or its designee shall request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a fine in conformance with Section 16-61,below. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued. Section II. Chapter 16, Article 8, Section 16-57 is hereby amended to read: Sec. 16-57. Abatement by City. Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given under Section 16-55 or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety,the Board of Public Works or its designee shall abate the nuisance,keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the property. Section III. Chapter 16, Article 8, Section 16-59 is hereby amended to read: Sec. 16-59. Removal of vegetation. (a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine(9) inches high, but not including small trees and bushes. (b) Notice. The Department of Code Enforcement shall give forty-eight(48) hours'notice, in writing,to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. (c) Failure to comply. Upon a failure to comply with a notice issued pursuant to subsection(b), the Department of Code Enforcement or an entity acting on behalf of the Department of Code Enforcement shall enter upon the property to abate the violation of this section by cutting the weeds and rank vegetation. (d) Bill issued to record owner. In the event the Department of Code Enforcement or an entity acting on its behalf is forced to remove the weeds and rank vegetation,the Department of Code Enforcement shall issue a bill to the record owner of the property or to the person shown to have the right of exclusive possession of the property. The bill shall include removal costs as well as any administrative costs incurred in the certification. (e) Appeals. Any appeal of either the removal notice or the bill must be made in writing within ten(10) days of the date of the document being appealed. The appeal must be in writing and must be filed with the Director of the Department of Code Enforcement. If a written appeal is filed with the Department of Code Enforcement, the matter shall be scheduled for a hearing before the hearing authority and a hearing shall be held pursuant to IC 36-7-9. The hearing authority's order regarding this appeal is considered final from the date of its issuance and is subject to judicial review pursuant to the provisions of IC 36-7-9-8. (f) Failure to pay bill. If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the order if an appeal of the bill was made, the Department of Code Enforcement shall certify to the Auditor of St. Joseph County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of St. Joseph County shall then place the entire amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall, upon collection, be disbursed to the general fund of the City of South Bend. SECTION IV. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of , 2022. Sharon McBride,President Common Council of the City of South Bend ATTEST: Dawn M. Jones, Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the day of , 2022, at o'clock . M. Dawn M. Jones, Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this day of 12022. James Mueller, Mayor