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HomeMy WebLinkAbout10-25-93 Public Safety v. 1 PUBLIC SAFETY COMMITTEE The October 25, 1993 meeting of Public Safety Committee was called to order by its Chairperson Council Member Eugene Ladewski at 4 : 30 p.m. Persons in attendance included Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; James Caldwell, John Broden, Dave Smith, Jerry Ivacheck, Ed Talley, Janet McCoy, George Herendeen, Don Porter, and Kathleen Cekanski-Farrand. Council Member Ladewski noted that the purpose of the meeting was to review substitute Bill No. 89-93 which would amend Chapter 13 Article 5 of the South Bend Municipal Code establishing regulations on disorderly houses. Mr. Caldwell noted that the Substitute Bill was necessary in order to delete from Section 13-75. 5 (3) (h) the sentence addressing controled substances since those regulations are set forth in Drug House Bill. Mr. Caldwell noted that this Ordinance would apply to all establishments the City in all Zoning Classifications. He stressed that it would be another tool for the Police'`Department to use. Three (3) judgments would be required under the Bill for noise Ordinance Violations to kick-in. In response to a question raised by Council Member Ladewski it was noted that the Police Department Ordinance Violation Fund was created by the Controllers office and is used for special equipment. Council Member Ladewski questioned the constitutionality of the Bill. Mr. Broden noted that the Bill in his opinion has proper notice requirements to satisfy Due Process concerns. He also noted that specific prohibited conduct is listed and that probable cause is the standard before a notice to abate would be scent. Mr. David Smith spoke against the proposed Bill. He noted that he is the President of Michiana Income Property Association. He believes that the overall Bill is unfair to landlords since the average landlord lasts only about three (3) years. He cited extensive cost for repair and maintenance and that often times neighborhood groups do not assist landlords. He listed inconsistent enforcement situations and questioned whether the "Homeless Shelter" would be governed by this new Ordinance. He stated that it would be unfair to hold landlords accountable with tenants both severely and jointly for fines. Rt Public Safety Committee Ocober 26, 1993 Page 2 Mr. Jerry Ivacheck spoke in favor for the Bill based on what information he had received through the South Bend Tribune. He noted that he is a member of the Michiana Income Properties Association. He however has had problems with cooperation of the South Bend Police Department and the Prosecutors Office and passed out a recent article from the South Bend Tribune (Copy attached) with regard to property he owns on Hancock. He also cited properties on Elmer Street where windows have been shattered and fences which he has erected have been torn down with the police giving little assistants. He stated that if the City is going to hold landlords accountable that there should be more communication 'between the City, Police Department and landlords. He also noted that in 1989 a survey showed that 1 of every 8 tenants becomes a problem tenant. Mr. Ed Talley spoke in favor of the proposed Bill. He passed out a projectile that had been shot at him and stated that in a more liberalized society there are increased problems because so many individuals "have no moral substance" . He suggested that the City should consider computerized listening devises and thanked the Mayor's Office for drafting the Bill. He stated that often times the key problem is that landlords do not properly screen their tenants. He also noted that the focus should be on habitual offenders. Council Member Slavinskas noted that in the Drug House Bill that there was a procedure established with regard to eviction. He noted that the City was telling the landlord what its responsibilities were and perhaps this should be considered for the current Bill. Mr. Caldwell "noted that twenty (20) landlords had been contacted with initial warning letters under the Drug House Bill. He stated that the City Administration would work with Landlords since the overall intent is to bring peace and quiet to the neighborhoods. He stated that the Mayors neighborhood has worked long and hard on the proposal and would be "the bad guy" in the situation. Janet McCoy of Management Associates noted that her company manages properties throughout the City. She stated that landlords should have better information from the City and voice concern that there was not a established procedure set forth in the Ordinance for notice of violations to the landlords of problem tenants. Council Member Coleman voiced concern with regard to notice Public Safety Committe Ocotber 26, 1993 Page 3 and time perimeters not being addressed in the Bill. He stated that perhaps the City should also consider process for landlords in light of the fact that the Bill is all incompassing for all properties regardless of there Zoning use. Council Member Washington also stated that notice and extra accountability would be positives in the proposed Ordinance. Council President Luecke noted that the overall spirit of the Ordinance is to assist landlords along with all other property owners within the City. Council Member Washington also questioned the use of the work "Conviction" in the Ordinance. Following further discussion motion was properly made and seconded that Substitute Bill No. 89-93 be recommended favorably to Council. The motion passed. It was noted that any additional comments or Amendments should be made on the floor of the Council Meeting of this evening. There being no further business to come before the Committee the meeting was adjourned ad 5:45 p.m. Respectively submitted, Council Member Eugene Ladewski Chairperson, Zoning and Vacation Committee Attachment