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HomeMy WebLinkAbout08-12-90 Public Safety Tommtftrg Export Public Safety Committee Mu tip Munnion Ulountil of Up CV of ihtutil gnu): The August 12, 1990 meeting of the Public Safety Committee was called to order by its Chairperson, Council Member Bill Soderberg at 4:45 p.m. in the Council Informal Meeting Room. Persons in attendance included Council members included Council Members Zakrzewski, Duda, Coleman, Luecke, Niezgodski, Soderberg, Puzzello, and Slavinskas; Police Chief Ron Marciniak, Jeff Jankowski, David Fritz, Barbara Gato, Bob Wilson, Julie Stephens, Don Porter, concerned members of the public, and Kathleen Cekanski-Farrand. Council Member Soderberg noted that the purpose of the meeting was to discuss Bill No. 46-91 which would add new section 13-75. 1 entitled "Real Estate which is used for the illegal use or sales of narcotics or controlled dangerous substances" . Council Member Luecke then introduced Jeff Jankowski and Chief Ron Marciniak who will be part of the formal presentation at this evening's council meeting. He noted that the overall purpose of the Bill is to provide a tool to eliminate drug dealing. Proposals from York, Pennsylvania and Portland, Oregon were thoroughly studied along with 8-10 other cities. He stressed that the police department is doing their job and this would provide assistance to them. He noted that the Bill would build on current state law at the local level. Legal Notice from the City Attorney's office would be provided to abate a nuisance. The landlord would then have thirty days to begin the process of eviction with a fine of $50.00 to $2500. 00 per day being imposed for failure to do so. Council Member Luecke stated that the Near Northwest Neighborhood Association was instrumental in the draft of this Bill. Council Member Luecke stated that the problem of drug houses must be positively addressed and that this would be a measure to do so. Mr. Jeff Jankowski the Assistant City Attorney stated that he was contacted by Council Member Luecke on February 19th with regard to the Bill. He began research on similar measures from Milwaukee, Lansing, Daytona Beach, Chicago, Portland, and York. He noted that in some of these areas padlocking adlockin and bulldozing of the facilities are employed. He noted that all have been challenged but none have been set aside by a court. The proposed South Bend Bill does not take any property. He seized the Bill as he measured to help the neighborhoods he noted that the civil process requires a "preponderance of the evidence" where as the states criminal requires "beyond a reasonable doubt". He stated that an "eviction package" is being prepared which would include materials addressing immediate possession. He noted that often times premises are damaged extensively. He further noted that he had been in contact with the City Attorney from Portland, Oregon and that to date not retaliation has been taken against landlords in that City. Mr. David Fritz spoke in favor of the Bill. He noted that the near Northwest Neighborhood Association at their meeting of August 6 recommended that three possible amendments be considered by the Council. The first was to reduce the time period from thirty (30) days to ten (10) to (15) days. The second was to increase the fines to a minimum of $500.00; and lastly that if evidence was gathered by the Police Department that it would be mandatory for Public Officials to follow through with the prosecution. Barbara Gato stated that she believes that the ordinance is consistent with Federal and State Law. She noted that the role of landlords in the drug area requires them to take action when they are aware if such situations. She stressed that "it is not ok for landlords to make a profit from drug dealing. " Bob Wilson a landlord of three rental units that he questions the process. He stated that he would want protection because he believes that the ordinance would put the landlords in a "trick bag". Council Member Luecke stated that most landlords do a good job of screening perspective tenants. The City of South Bend would assist landlords by providing evidence and police protection. Mr. Jeff Jankowski stated that immediate possession hearings required the Court to take action within ten (10) days of service of process. Council President Niezgodski questioned the procedure for reporting activity. Chief Marciniak stated that investigations would be ongoing. Council Member Puzzello questioned the investigative process as well as the conviction process. It was noted that the city would not maintain a list of tenants since such a list would be for discrimination purposes. Mr. Jankowski noted however that landlords could go to the Small Claims Court to find out which tenants had immediate possession actions taken against them. Council Member Slavinskas noted that the ordinance requires mandatory action by the landlords. He noted that currant state law provides criminal sanctions for maintaining a common nuisance. He questioned whether the proposed ordinance would jeopardize the landlord in a libel or slander area. Council Member Duda voiced concern with regard to "victims of the process" with regard to the eviction process. She gave an example of whether an entire family would have to be evicted where a grandmother and perhaps a twenty-one year old individual and children were living in the same home. She stated that provisions for the "innocent victims must be addressed". Mr. Jankowski noted that only the person "dealing" would be evicted. Council member Luecke then briefly reviewed the three proposed amendments from the Near Northwest Neighborhood Association. Council Member Luecke suggested that the time period be reduced from thirty days to fifteen days. No formal motion was made on this recommendation. Chief Marciniak noted that the Police Department must have discretionary power and would oppose mandatory provisions as suggested. It was also stated that the $500. 00 fine would not be in keeping with other ordinance violations as a minimum. Chief Marciniak stated that they are trying to stop the deterioration of neighborhoods. Approximately four years ago forfeiture laws took affect at the federal level. The impact on street sales locally is resulting because many individuals are being driven underground. Council Member Puzzello stated that she had received several calls from landlords. Landlords fear for their safety and most importantly retaliation and the trashing of houses. She suggested that guidance sheets be given to landlords. Council Member Luecke stated that an education program would be a part of the overall process. Council Member Puzzello suggested that the bill be sent to full Council without recommendation in light of the fact that several individuals would be speaking at this evenings meeting. The Committee then heard a presentation from Julie Stephens of 17150 Cherokee Drive, South Bend, Indiana 46635. She stated that she along with Nancy and Dave who were in attendance had further concerns with regard to "in line skating". She stated that she has been in contact with the International Association (IISA) . She then showed an example of the skates involved which has a break on the back of the skate. She noted that the mental attitude of individuals who use the skate is substantially different than those of skate boarders. She analogized that it was more similar to a bicycle. She voiced concern that along the East Race new signs have been posted stating "no rollerblading and skateboarding". She questioned who was responsible for the posting of the signs. Council Member Coleman stated that he would look into the matter and report back to the committee. Council Member Soderberg noted that the head of security has advised him that increased skating has taken place within the Century Center and along Island Park. Council Member Puzzello questioned how long "in line skating" had been a sport. Julie Stephens noted that it had been around for approximately ten years and in the South Bend area for approximately three to five years. She suggested that perhaps a compromise position of "after business hours" would be considered in the down town area. Council Member Soderberg stated that the Committee would look into the matter further and have future meeting. There being no further business to come before the committee the meeting was adjourned at 5:50 p.m. Respectfully submitted, Council Member William Soderberg, Chairperson Public Safety Committee