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HomeMy WebLinkAboutBill No. 16-22 Amending Chapter 16, Article 8, Sec. 5 UT g City of South Bend (574)235-9321 UFax(574)235-9173 'CC T DD(5 35-5567 PEACE Common Council http://www.southbendin.gov 441 County-City Building• ? \`'.Jefferson Blvd c J South Bend,Indiana 46601 FirDA rk's Office ISbS April 2022 Sharon L. McBride 2022 President , rSouth Bend Common Council CITY , �1-H SEND,IN 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 19,ARTICLE 1, Canneth Lee DIVISION 2,SECTIONS 19-9, 19-18, 19-19, 19-20, 19-21 AND 19-22 First District OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT Henry Davis,Jr. CHANGES Second District Sharon L.McBride Dear Council Members: Third District Chapter 19 of the South Bend Municipal Code contains provisions whereby Troy Warner the Board of Park Commissioners has exclusive jurisdiction and authority Fourth District regarding the removal of dead and diseased trees or portions thereof,which Eli Wax constitute a menace to public safety and health wherever located within the Fifth District City.This authority is not limited to City-owned property or public rights- of-way. Yet we continue to see trees and shrubs in our neighborhoods which Sheila Niezgodski pose many different kinds of threats,both to public safety and to economic Sixth District development. The purpose of these amendments is to change the Karen L.White discretionary authority of the Board to mandatory duties. The amendments At Large also set more specific and mandatory time limits for notices to landowners and for remediation of the conditions. Rachel Tomas Morgan At Large We hope that these amendments result in safer, more attractive Lori K.Hamann neighborhoods which, in turn,will spur economic development. At Large We ask that this ordinance be given first reading on Monday,April 11,2022, and assigned to the PARC and Residential Neighborhoods,jointly, for further proceedings. Thank you for your consideration. .S-UT Q City of South Bend p d, (574)235-9331 Fax(574)335-9173 Common Council T'DD (574)235-5567 MACE �; r � http://www.southbendin.gov 441 County-City-Building• 227 W.,Jefferson Blvd _ South Bend,Indiana 46601 I80- 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 i) 202z DAWN M.JONES CITY CLERK,SOUTH BEND, IN [DAWN n Clerk's Office BILL NO. 16-22 R 0 R 2022 ORDINANCE NO. GNES K,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1,DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19- 20, 19-21 AND 19-22 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 Park Commissioners has exclusive jurisdiction and authority regarding the removal of dead and diseased trees or portions thereof, which constitute a menace to public safety and health wherever located within the City. The purpose of these amendments is to change the discretionary authority of the Board to mandatory duties. The amendments also set more specific and mandatory time limits for notices to landowners and for remediation of the conditions. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 19, Article 1, Division 2, Section 19-9 is hereby amended to read: Sec. 19-9.Jurisdiction of Board of Park Commissioners.) The Board of Park Commissioners shall have the exclusive jurisdiction and authority to do the following: (1) Order, control and regulate the sodding, seeding and maintenance of lawns and the maintaining, planting and removal of trees and shrubs upon, along or within the limits of the public streets, tree and lawn areas, parks and other public places of the City; (2) Order, control and regulate the removal of dead and diseased trees or portions thereof, which constitute a menace to public safety and health wherever located within the City; (3) Adopt and enforce rules, regulations and specifications relative to paragraphs(1) and (2) of this section; and 1Sta;e law reference(s)—Powers of Board of Park Commissioners in certain cities, IC 36-10-4-9. (4) Regulate and prescribe the terms and conditions upon which permits for the maintaining,planting and removal of trees and shrubs shall be issued. Section II. Chapter 19, Article 1, Division 2, Section 19-18 is hereby amended to read: See. 19-18. Trimming trees overhanging streets; notice; manner. (a) All trees and shrubs which overhang a street within the City, whether located on tree and lawn areas or on the abutting lots, shall be trimmed either by the Board of Park Commissioners or by the owners of the abutting lots upon the order of the Board. (b) The trimming shall be done within the period specified in the notice given by the Board to the owners, as provided in section 19-21; provided,however, such period shall not be less than ten(10) days or more than fifteen days. (c) Overhanging trees shall be trimmed so that there is a clear space of ten(10) feet above the surface of the curb and in such a manner as not to obstruct the view of any streetlight, traffic sign, signal device or street intersection. Section III. Chapter 19, Article 1, Division 2, Section 19-19 is hereby amended to read: Sec. 19-19. Removal of hazardous trees by property owner; order, notice; emergency removal. (a) Every owner of real estate within the City shall remove or trim any tree or shrub or any part thereof located on such real estate or in the tree and lawn area in front of such real estate which may be dead, diseased, unsightly, in a condition which is injurious or detrimental to the public health and safety or the growth of adjacent trees or which may project over the public street on which such real estate abuts in such manner as to obstruct the free passage of pedestrians and vehicular traffic on such public streets. (b) The Board of Park Commissioners shall have the power and the authority to order and require such owner to remove any such tree or shrub by first causing notice to be served on such owner in the manner provided in section 19-21 not less than ten (10) days or more than fifteen(15) days prior to the time designated in such notice for the removal or trimming of such tree or shrub. (c) In case of an immediate necessity for any such removal or trimming by reason of storm, other emergency, or public health and safety, such removal or trimming may be done by the Board of Park Commissioners or its Superintendent of Parks, and no notice whatever need be given thereof. Section IV. Chapter 19, Article 1, Division 2, Section 19-20 is her Filed in Clerk's Office APR 0 6 2022 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Sec. 19-20.Work performed by City upon noncompliance with order; assessment of costs; Hen; foreclosure. (a) In the event abutting owners fail to comply with orders of the Board within the period granted, the Board shall perform such work with its own forces and employees within ten (10) days. The actual cost of such work, which shall not exceed the above-mentioned estimate, shall be assessed against the abutting lots of such owners. The Board shall notify such owners of the cost and assessment of such work. (b) The cost and assessment shall constitute a lien on the abutting lots and shall be payable, without notice, at the Office of the City Treasurer at the next regular taxpaying time after notice has been given of such costs and assessments. If such amount is not paid when due, it shall be enforceable by foreclosure in the same manner as the assessments made for street and sidewalk improvements in cities of the first class. The amount of such costs and assessments shall become a part of the funds of the Board when collected. Section V. Chapter 19, Article 1, Division 2, Section 19-21 is hereby amended to read: Sec. 19-21. Service of notice; commencement of specified time period. (a) All notices provided for in this article, except notices provided for in section 19-16 for hearing on resolutions, shall be served upon any real estate owner who is a resident of the City by reading such notice to him or leaving a correct copy thereof at such owner's last known place of residence. If such owner is not a resident of the City, then notice may be served by sending a correct copy thereof by registered mail, addressed to such owner at his last known mailing address for personal delivery on such owner, with a return receipt. If the residence or address of such owner is unknown or cannot be ascertained, then notice may be served by reading such notice to an adult resident of the premises, leaving a correct copy thereof with an adult resident of the premises, or by publishing such notice once each week for two (2) consecutive weeks in a daily newspaper of general circulation printed and published in the English language in the City. (b) The period specified in the notice shall be deemed to commence with the day following the date of the service of such notice, as shown by return of service which shall be made on such notice or by such registered mail return receipt or with the day following the seventh day after the last publication. Section VI. Chapter 19, Article 1, Division 2, Section 19-22 is hereby amended to read: Sec. 19-22. Recovery of costs for work performed by City. (a) If any owner of real estate fails to comply with the orders issued either by the Board or the Superintendent of Parks under the provisions of this article, within the period of time specified in such orders, except such resolutions, orders and notices as may be issued under section 19-16, the work required by such orders may be done by the Board with its own employees within ten(10) days. Filed in Clerk's Office APR 0 6 2022 DAWN M.JONES CITY CLERK,SOUTH BEND,IN (b) The Board shall keep an accurate account of the costs and expenses of doing such work. The costs and expenses shall be recovered and collected by a suit in the name of the City or by such other action or procedure as provided by law, including,but not limited to, the filing of a mechanic's lien. SECTION VII. 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 12022. Sharon McBride,President Common Council of the City of-South-Bend.- -iied in Clerk's Office ATTEST: — APR (16 202? Dawn M. Jones, Clerk DAWN M.JONES CITY CLERK,SOUTH BEND,IN 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 , 2022. James Mueller, Mayor Filed in Clerk's Office APR U 5 2022 DAWN M.JONES CITY CLERK,SOUTH BEND, IN