HomeMy WebLinkAbout10903-22 Ordinance Amending Chapter 2, Article 19 to Appoint City Controller as Violation Bureau Clerk ORDINANCE No . 10903-22
Passed by the Common Council of the City of South Bend, Indiana
November 14, 20 22
Attest: City Clerk
Dawn M. Jones
- MC3111C14-
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 15, 22
20
4& L4)"2409X-4417
City Clerk
Dawn Al Jones
Approved and signed by me N ivtr -24 20 LL
`/" Mayor
BILL NO. 68-22
ORDINANCE NO. 10903-22
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 permitted 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 19 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.
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 sit 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 Office of the City Clerk Violations Clerk.
Chapter 20,Article 1,
Sec. 20-23.1 Ci elerk Violations Clerk discretion to grant amnesty from fines and
penalties; exception.
The City 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
to the owner of the motor vehicle to which the notice was affixed a notice informing him
or her of the violation and informing him or her of the penalty prescribed under section 20-
18 for which he or she will be held responsible. In the event such notice is disregarded for
a period of five(5) days a complaint for ordinance violation will be filed.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
S/korik ,M aka
Sharon McBride, Council President
South Bend Common Council
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At:64 - �`I►�r ,1.
Dawn M. Jones, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the /51c.. day of /./00/4/A- , 2022, at 1/
o'clock 2 . m.
exuezz 01,-)4Le;
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the 210- day of N'"",- , 2022, at 5.'o'clock 0 m
mes Mueller, Mayor
City of South Bend, Indiana