HomeMy WebLinkAboutBill No. 68-22 Establishing Ordinance Violation Bureau with AdministrationCITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR
October 19, 2022
Ms. Sharon McBride
President, South Bend Common Council
4th Floor, County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Violations Bureau
Dear President McBride:
Indiana Code 33-36-2-1 permits the establishment by municipalities of an Ordinance Violations Bureau and
the appointment of a Violations Clerk, with the duties of accepting written appearances, waivers of trial,
admissions of violations, and payments of civil penalties up to the maximum amount permitted by Indiana
law (currently $250), and according to the schedule set forth in Chapter 2 Article 19 of the City of South Bend
Municipal Code in ordinance violation cases.
Since its establishment in the City in 1988, the Ordinance Violations Bureau has been a part of the responsibility
of the City Clerk's Office. The administration now believes that it is in the best interest of the City and its
residents to move this responsibility from the City Clerk's Office into the administration. This proposed
change in responsibility will assist with standardizing processes, realizing efficiencies and economies of scale,
and collaborating with other areas of the City that receive payments from City residents to improve service to
the residents.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1st reading on October 24, 2022, with 2nd reading, public hearing and 3rd
reading scheduled for November 14, 2022. If you have any further questions or need additional information,
please let me know.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and
other meetings of the South Bend Common Council.
Respectfully submitted,
Daniel T. Parker
City Controller
OCI
---------BILL NO. 68-22
ORDINANCE NO. ------
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND
MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE
VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE
AMENDMENTS
STATEMENT OF PURPOSE AND INTENT
Indiana Code 33-36-2-1 permits the establishment of an Ordinance Violations Bureau and
the appointment of a Violations Clerk;
Indiana Code 33-36-2-3 permits the Violations Clerk to accept written appearances,
waivers of trial, admissions of violations, and payments of civil penalties up to the maximum
amount per mitted by Indiana law (IC 33-36-2-3(4)) which is currently Two Hundred Fifty Dollars
($250.00) and according to the schedule set forth in Chapter 2 Article I 9 of the City of South Bend
Municipal Code in ordinance violation cases;
Chapter 2 Article 19 of the City of South Bend Municipal Code sets forth the roles and
responsibilities of the Violations Clerk; and
It is believed that the continued establishment of an Ordinance Violations Bureau is in the
best interests of the City, and that it is further believed that it is in the best interests of the City to
designate the City Controller as the Violations Clerk.
By designating the City Controller as the Violations Clerk in Chapter 2, Article 19, Section
212 of the Municipal Code, certain changes to other Chapters and Sections of the South Bend
Municipal Code are required for consistency, and are also made through this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 2, Article 19, Section 2-212 is hereby amended to read as follows:
Sec. 2-212 Created; administrator; powers and duties of Bureau
(a)An Ordinance Violations Bureau is established for the City.
(b)The City Clerk City Controller 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 and within the dollar limits of State law.
IN
'.
OCT . !:J. r ·>
SECTION II. The following Sections of Chapters 13 and 20 of the South Bend Municipal
Code are hereby amended to read as follows:
Chapter 13, Article 12,
Sec. 13-160(a)(2) Civil Penalties:
Civil Penalties: After a property has been designated as a chronic problem property and
placed on the publicly available data set, if the property receives any subsequent citation
or valid complia.Rt complaint, then the owner will be subject to a civil penalty of two
hundred fifty dollars ($250.00) per citation or valid complaint which shall be payable
through the Offiee efthe City Clerk Violations Clerk.
Chapter 20, Article 1,
Sec. 20-23.1 City elerk Violations Clerk discretion to grant amnesty from fines and
penalties; exception.
The Giey Violations Clerk in the that Clerk's discretion may by the last day of January each
year designate a day within that calendar year during which persons with unpaid tickets
may pay by the close of that business day any ticket issued under this article (the Motor
Vehicle and Traffic Code of the City) without accrued late fee or other penalty charges.
This power to forgive fines and penalties shall exclude any ticket which has been referred
to the City Law Department for collection or other action regardless of whether a complaint
has been filed.
Chapter 20, Article 1,
Sec. 20-18. Answering notice on overtime parking; payment of fine.
The owner or operator who has been notified of a violation of the parking regulations as
herein provided, may, within fourteen (14) days after being notified, answer at the office
of the Ordinance Violation Bureau to the charge of such violation as set forth in such notice
and pay a prescribed fee of twenty dollars ($20.00) in settlement of the offense or charge,
or thirty dollars ($30.00) after the expiration of fourteen (14) days. An acceptance of the
payment of the fee and the authority by the Violations Clerk shall be deemed complete
satisfaction for the violation and the violator shall be given a receipt which so states.
Notwithstanding the foregoing provisions, no fee under this section will be imposed for the
first instance in any calendar year in which a vehicle is found to be in violation of Chapter
20, Article 6, Section 20-77 of this Code.
Chapter 20, Article 1,
Sec. 20-19(a). Failure to comply with notice; owner's responsibility; penalties.
Whenever any person who has been issued a notice as provided in section 20-17, fails or
refuses to appear within fourteen (14) days after service of such notice at the Ordinance
Violations Bureau or having appeared fails or refuses to pay the Violations Clerk the fee
in settlement of the charge and violation, then the Ordinance Violations Bureau shall send