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HomeMy WebLinkAbout2023-04-24 Final Common Council Meeting Notice & Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, APRIL 20, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 24, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/04242023CC. 4:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN Bill No. 23-19 – A Resolution Confirming a Tax Abatement for Property Located at 724 and 726 Harrison Ave. 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 11-23 – A Zoning Ordinance for Property Located at 1306, 1330 High St. and 909 E. Broadway St., Councilmanic District No. 3 in the City of South Bend, Indiana Bill No. 16-23 – A Zoning Ordinance for Property Located at 616, 618 Sherman Ave. Councilmanic District No. 1 in the City of South Bend, Indiana 4:30 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX Bill No. 14-23 – An Ordinance Amending Chap 6, Adding Art 15, Sections 6-94 through 6-108, Inclusive to Require Landlords and Tenants to Participate in Bed Bug Remediation. Bill No. 20-23 – An Ordinance Amending Chap 6 of the South Bend Municipal Code by Rescinding and Replacing Art 14 Titled Rental Safety Verification Program Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, April 24, 2023 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/04242023SBCC. 1. INVOCATION Pastor Spencer Davis – Christian Center Church 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 23-20 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, PUBLICLY ACKNOWLEDGING AND HONORING JOHN ADAMS’ HIGH SCHOOL SENIOR ANGEL THOMAS FOR HER SUCCESS IN THE 2023 GIRLS STATE INDOOR TRACK MEET 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 11-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 16-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 616, 618 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 20-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 03-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA – (THIRD READING ONLY) 11-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 16-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 616, 618 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 20-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM 11. RESOLUTIONS BILL NO. 23-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 HARRISON AVENUE, SOUTH BEND, IN 46616 AND 726 HARRISON AVENUE, SOUTH BEND, IN 46616 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE- YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CROSS COMMUNITY, INC. 12. BILLS OF FIRST READING BILL NO. 21-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1301 AND 1305 ELWOOD AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 22-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY LYING NORTH OF QUIMBY STREET, BEING APPROXIMATELY 99.99 LINEAL FEET 13. UNFINISHED BUSINESS 14. NEW BUSINESS THE NEXT COUNCIL COMMITTEE MEETING IS TENTATIVELY SCHEDULED FOR MAY 8, 2023 AT 3:30 PM WITH THE NEXT REGULAR COUNCIL MEETING IS MAY 8, 2023 AT 7:00 PM 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-20-2023) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Canneth Lee, Member Citizen Citizen Member, Maria Gibbs Rachel Tomas Morgan, Chairperson Lori K. Hamann, Vice-Chairperson Citizen Member, Matthew Coats PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Beth Sanford, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Canneth Lee, Vice-Chairperson Citizen Member, Amika Micou Henry Davis, Jr., Member Sheila Niezgodski, Member Citizen Member, LaKeyue Williams UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Committee Relations, Member Utilities, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson April 19,2023 CITY OF SOUTH BE COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 Filed in Cterk's Office -APR 18 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Residential Real Property Tax Abatement Petition for Cross Community, Inc. Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a residential real property tax abatement petition submitted by Cross Community, Inc., an Indiana Nonprofit Corporation. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits forms (SB-1 / Real Property) • Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to build two new houses on vacant lots Harrison Avenue, just north of Lincoln Way West, with an estimated construction cost of $440,000. The project meets the requirements established by Sections 2-77 et seq. and would qualify for a five-year (5) residential real property tax abatement. Representatives from Cross Community, Inc., will be available to meet with the Committee on Monday, April 24, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, ____,/ / -. _/,. Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 Countv-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574 235.9371 www.soulhbendiri gov BILL NO. 23-19 BILL NO. 23-19 RESOLUTION NO. 5016-23 Filed in Clerk's Office APR 18 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 Harrison Avenue, South Bend, IN 46616 AND 726 Harrison Avenue, South Bend, IN 46616 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cross Community, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and and WHEREAS, a Declaratory Resolution designated the areas described as: Key Number: 71-08-02-407-013.000-026 Commonly Known As: 724 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23124 NP #1221 6/27/2022 Key Number: 71-08-02-407-012.000-026 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 1 Kingdom Campus Minor Sub 23124 NP #1221 612712022 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one - family (1) or two-family (2) dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under Indiana Code 6-1.1-24 and Indiana Code 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3; E. That the deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability; and F. That the deduction will not be allowed unless the dwelling rehabilitation is completed by December 31, 2025. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for real property tax abatement only. SECTION V. The designation as a Residentially Distressed Area shall expire on December 31, 2025. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown by the schedule outlined below pursuant to Indiana Code 6-1.1-12.1-17, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 95% Year 4 - 95% Year 5 - 90% SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: 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 day of , 2023, at o'clock M. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2023, at o'clock James Mueller, Mayor City of South Bend Filed in Clerk's Office I SPR 18 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Residential Real Property Tax Abatement Petition for Cross Community, Inc. DATE: April 19, 2023 On March 30, 2023, a tax abatement petition for Cross Community, Inc., was filed with the Office of the City Clerk. The petition seeks consideration for a residential development real property tax abatement for the completion of two new 2 -story homes that will range from 1,400 to 1,600 square feet. These new houses will be sold to first time homebuyers who have participated in financial/credit building workshops. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area or a Residentially Distressed Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (a copy of which each is attached), investigated the area, and makes the following report. Project Summary The petitioner, Cross Community, Inc., plans to build two new single-family houses at 724 and 726 Harrison Ave. These new houses will range from 1,400 to 1,600 square feet and will feature 3 bedrooms, 2.5 bathrooms, and a finished basement. The intended occupants will be first time homebuyers who have participated in financial/credit building workshops. The petitioner is investing a total of $440,000 to develop these two new houses. These houses will be built in two empty lots where former houses had been torn down. The lots had become abandoned, vacant, and blighted. Tax Estimates The petitioner qualifies for a five-year (5) residential real property tax abatement. Current taxes for 2022: $86 Total estimated taxes during the five-year (5) abatement period: $21,303 Estimated taxes being abated during the abatement period: $17,978 Estimated total taxes to be paid during the abatement period: $3,325 Employment Impact There are no employees of Cross Community, Inc. For the development of the two houses, Cross Community, Inc., intends to employ local companies, require employees versus independent contractors, and require a prevailing wage, health benefits, and an affirmative action plan. Abatement Qualification 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or is associated with any prior abatements: 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Tax Incremental Financing (TIF) area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a five-year (5) residential real property tax abatement under section 2-77.1, Single Family Residential Construction. 2 5 - Year Abatement Cross Communitv Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule March 30. 2023 Type of Dwelling: Single - Family Home 2 homes - Estimated Project Cost: 440, 000 New Construction Property Address: 724 & 726 Harrison Avenue Tax Key Number: 71- 06- 02- 407- 013, 000- 026; 71- 08- 02- 407- 012, 000- 026 Current Without 2 Prooertlesl, Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value ( AV) Land 6, 000 6, 000 6, 000 6, 000 6, 000 6, 000 $ 6, 000 Structure ( 80% AV of Project Cost) 352, 000 352, 000 352, 000 352, 000 352, 000 352, 000 Gross Assessed Value 6, 000 358, 000 358, 000 358, 000 358, 000 358, 000 358, 000 Abatement 100% 100% 95% 95% 90% Abatement Deduction 164, 300) 164, 300) 156, 065) 156, 085) 147, 870) Homestead Deduction "" 96, 000) 96, 000) 96, 000) 96, 000) 96, 000) 96, 000) Mortgage Deduction ** Supplemental Homestead Deduction 91, 700) 91, 700) 91, 700) 91, 700) 91, 700) 91, 700) Net Assessed Value 6, 000 170, 300 6, 000 6, 000 14, 215 14, 215 22, 430 Property Taxes Assume constant tax rate of 5. 2897% Gross Tax ( Tax Rate x Net AV) 317 9, 008 317 317 752 752 1, 186 Circuit Breaker & Other Credits 113) 4, 7481 Taxes Due 204 4, 261 317 S 317 752 752 5 1, 186 3% 1% 1% 1% 1% 1% 1% Circuit Breaker Cap 180 3, 580 3, 580 3, 580 3, 580 3, 580 3, 580 Debt Service ( 0. 3997% of Net AV) 24 681 24 24 57 57 90 Max Tax Under the Cap 204 4, 261 3, 604 3, 604 3, 637 3, 637 3, 670 Current Taxes New Combined Net Taxes Year Abatement Due Projected Tax Current & Taxes Abated Paid New Taxes 1 100% 204 4, 057 4. 261 3. 943) 317 2 100% 204 4. 057 4. 261 3, 943) 317 3 95% 204 4, 057 4, 261 3, 509) 752 4 95% 204 4, 057 4. 261 3. 509) 752 5 90% 204 4, 057 4, 261 3, 074) 1, 186 Total. 1. 020 20, 284 21. 303 17. 978) 3, 325 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. l ` i Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. I= City of South Bend Changes to homestead and mortgage deductions took affect for tax year 2023 MAR 3'6 2a23r -- City of South Bend cirY Petition for ncentives the D,N . waltartvwparorof Pro Pam) rlarr<orl atruf rnaWe. aS satt l 1°ay.r. a Me crly earo's opk. rttr t.hkA you ra appiyllta. ; befam propeadnr Cna be ".tp fa 6 itron` Project Name I Project !Number saentaryatssdu Cross Community Inc. rr,.tturr CDC - Domestic Nonprofit Corporation r-0mwnT w'laft https://mycrossoommunity.org/ Pnv-wd "W . Wnm 724 & 726 Harrison Ave pwvm ouTto ,Y fur" cft state. n. I South Bend. IN 46616 sna Iffew ar lavw requlrw 0.34 Square fart oe F-Aty NIA R WWY 0M ffY CW as nanu Tina Patton iSddruts ofC01 pmyu 1W 1707 Sherman Ave VPI oamar Cross Community Inc. or ° wise Owned fl W804 w retle.lr President AWM 574-876-2106 Orr, s"ft'ra I South Bend, IN 46616 imam tmpatton2@conwast.net vmw*y aeNor of.dai rums i Same as above ° Addmm of m vm m cm tva Ill Morn ro d1ftMr.t fromabove]aveJ Ory, Seta. ffe H'Ntd W rk+afa CoeStata++t/aitr. Rat1M d:.ta oty, infa IIP ! MMUMM rtd dewiptw n of Vow awpanl. Mo104 allt oft of IN t h often.rV for em m mk lr" tman W WWI Paea,.n Email We will building two (2) new two-story homes that in general will be between 1390-1620 sqft with 3 bedrooms, 2.5 bathrooms, with a finished basement. The homes will be sold to first time homeowners who have participated in financiallcredit building workshops. CatllW TadNWA 4 dra Rrf sot to a To lnauffl"tal f V =q r546 WhUh7 River West nava e+J1" PWMAS barn 1ss0e47 lYlMi Ipeo aet of Midenyal XV0 =rod 5o H 12ot@Aota-0hha for aletemart if Ys -.1 N trhk hta padd" 1w Pm" prop" tis aF Vrw-r<. F: ear 0 ow4nv mt ban VWU%ad7 N/A i( pwftbftrorwoaeZ& lheamysohodhxbiwo wlatbVow" ofMTwgm*FANKbartapurdt&mdirk What Me the wkin ranrR+o"Wt Ilolfehf of MNm in idler1 rreM.rO Melina forgo Purd%"d Use no of Its" IN the Pr*wl 45-60k Nein Pralect Investments Calendar Year tAM Acquhltlon Bwldkis Leese ayeuim S-I'W' s purc%aw Crab Nov aWldina Construttbn Existlna Bulldina imprusements New Machlnoy A Equlprrralt SpedaiToollnoRrtooBnt New Furnkurt/FDAutes New Comploal Hardware New Sotrol On-Ot Rail Irdrastrvcture on-site Aber InhavUucturt TOTAL 1 2022 2023 S 440,800.00 Filed in'! erkrs Office MAR 3: 20231 r DAWN 1 f 2024 2025 raVlJ 224 ee-1-9.IN1 S 0.00 s uo,oaa.00 s .Q0 $ 0.00 s a 00. IL S 0,00 Fuliii ne Permanent lndlaaa•Resldent Positions by Calendar Year 41ar1da1,1feu Iobtabeud rroarty OumahtM/olmtj*fiAfiRo FWofWr Ivaaa, W/o tea permanent lobscmete k propct bell - of rbelldib or cumulative net of Jo1e Wool am M11 In MRS aw aaxs we a1 2 2w Mae Provide hourly wage Information for new empfoyces in the following positions. F uII tlme Part time lsbomu rachnical Manarvial Adrowarsdes Who wu he tea bxllvituel respon4 Ole for coordl newt whA wortvlts cm rscru"? Mu yasm compel have an EEO hairy poky? I Are you an [ED amp"R Please fist the number o(Jfull time and part time minority and/or female employees for the following years: T1aK I 2.023 2022 2021 Follkn PartTtme rATaee hrt TTmo FUN Tbos pMt Tlme Blade Hlrpanic Aslan in&ar rema4 11141, D,00 r pWtrafnfrq Taadarl. stper awm • trelned •not Ill ClmltatlYo ermliaOM Mesa IOs your COmnllOnem to dhwrstty and lndus/onbV4"ingyoar a wksph and rousboarltefiwbfor tlaebt three y4an as wall as ourrart poMda. Filed +r. C! irk s Office i MAR 3 G 2023 L----. DAyNAA ln, IZ` Complete below for Real or Personal Property Tax Abatemt VQ LE K. 506T—H Bhp IN Please sign for all requested Incentives. Public Benefit Item: Information is retiulred on both the constructlon companies and the companies which will provide materials purchased for this project Please complete the table below with the appropriate Information. If No) Famed Points Available PoInq Yes o you qualify for the points, please enter the full amount of avallable points. 1 conibuction Related fContractorsi: A. Employ local Companies (75%) Y 20 20 B. Purchase Materials from Local Companies 175%) Y 20 20 C. Require Employees vs. Independent Contractors Y 19 19 D. Require Prevailing Wage (Davis Bacon) Y 22 22 E. Require Health Benefits Y 22 22 F. Require Retirement BeneRts N 0 18 G. Maintain AtIli mauve Action Plan Y 20 20 I ISub-tool Construction Related: 123 141 2 W& Bengfit Related (Qvrt3erl: A. Pay Target Wage Levels N 33 B. Protide iieahh Benefits N 34 C. Provide Retirement Benefits N 29 D. Provide Training N 28 E. Provide Child Care N 15 F. Provide Transportation Assistance N 14 G. PrcvldeEmployer Assisted Housing program N 9 I Subdotal W elle i etnefit Related: 0 162 3 Workforce Rekaied: A. Create New Jabs N 42 S. Retain Ukting jobs N 41 G Maintain Affirmative Action Plan N 35 D. Provide Targeted Hiring Preference N 34 Sub-tc al Workforce Related: 0 152 4 Swmrt a MunkWI Fal;M! Support a S9 Municipal Facility (donations to the A Izoo, conservatory, museum, etc) N 84 Name of Fanl$y ISutkotal Municipal Fad@ty: a 84 Sub-totel Pram Above: 123 S39 The undersigned ownar(s) of real property, located within the City of South Bend, herby partition the Common Coundl of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, at sea., and South Be d Munldpal.Code SpCj -7js ter for this petition state the above. Submitted By. ZA % )_ jDate: IMarch 30, 2023 Fled In CIerkrs Office r MAR 3 G 202 1 1 Y ( MEND, For Staff Use Only Below This Line LRK. S 1N What Is tht cuZet aasard vW4@? Rastrrepent 1q J: 24,00 /3,WOQ Parsansllr0PvW- What is tAa prc*tad a faasaed elual IK161pro"rtr Ji J,5 :A3Sa{ Ifttwtil Prop4t. What b tto be key "Was" for thio prabpt 7I-4>3-o 2-Ya7 —013.oaG -G 2b W!wtlst-AAmvMI ft MAKSaoda7 I -71-as -,5 Z-qo 7'O/a . c)co—o2 6l W.*" attar's a Gooafa map and armor ria+e of the toottoti Pfoa. t!rtt!» sawwt of real rwd personal prop" taut RW PlorertyTeam Panond P"k"M Tamar Gaw for lite lutfhreysan When applicable. G —7YamOnaZ4ZZ Year Two 20 Zr YnrThtre Z6 2,o 0 Yaar Pour 2-0 t ! O Yam rFt+ 2z, IE 6 Please fm out the lrollt MnX Public Benefit Summary lMostnatlon attld add to totalfrom a6ow. IYOCN1 1 P3^_u airs Public BenWit Iteaa: PmJad RaI-ate 5 A. Redevelop a Site that has 5pesfal Needs 49 B. Develop Used on Local Univcrstty Research 35 C. ACh'eVe a Physical Ekttnent of a Plan 36 Sub -total Project Related: 1 120 1f 6 yup rlxe Proietts 77o1n[values em cvmsFa va! t A. 100% to 199% 25 B. 200% to 299% 69 C. 300% to 399% 65 D. 400%and Over _ 52 i A 1 ISub-totaI Super Stse Projects: 1 210 2 Par for MUn[CfwI lnfr Mmture: A pay For averztrin; dr Up=ndlns 14 B. Pay for 26.50% of Extension Cost 26 G Pay for 51-75% of Eatanslan COSI ! 39 0. Pay for 7fr100% of Extension Cost 52 ISub-tats! Infrastnsewn Behhd; 131 Total from APp%m Section: 539 Total from Staff Stsctkm: 461 Taal Pubbe SeneRt Pohtts: 1000 LDA iled ;" C,er4 Sc tv e 8 MAR 6 20?3 Department of Filed CommunityInvestment RIc SOIV A,1 U fes END, IN RESIDENTIAL TAX ABATEMENT (PETITION ADDENDUM) The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of south Bend for Residential Real Property tax abatement consideration; and pursuant to I.C. 6-1.1-12.1-1 et seq. and South Bend Municipal Code Sec. 2-76 et seq., for this petition, state the following: Legal Name of Petitioner same as top of page 1 of petition) Cross Community Inc. Project Title IProject Address Project City, State, ZfP Describe the proposed construction project. Include information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, and the proposed use of the Improvements. Also provide a general statement as to the importance of the project use an additional sheet for tong project descriptions If necessary). E=stimate the dollar value of the construction project Do not include land cost.) 724 & 726 Harrison Ave South Bend, IN 46616 We will building Two (2) new two-story homes that in general will be between 1390-1620 sqft with 3 bedrooms, 2.5 bathrooms, with a finished basement. 440,000 ilea L A 3G RESIDENTIAL TAX ABATEMENT (PETITION ADDS r- - For the real property or properties for which tax abatement consideration is petitioned, provide U v k - information below on the individual(s) or corporation(s) who own or will own the properties. If the Fti4 business organization is publicly held, also indicate the name of the corporate parent, if, any, and the name under which the corporation has filed with the Securities and Exchange Commission. Also, describe the owner's interest in the property. List out each residential property which could receive an abatement. If you need additional rows, then make additional copies of this page or attach a similar document to this petition addendum. Address l Current Owner(s) Future Owner(s) Owner's Interest 724 Harrison Cross Community Inc. 1 I 7 — - 726 Harrison Cross Community Inc. i 2 pilep ' N,f 3 Ce RESIDENTIAL TAX ABATEMENT (PETITION ADDE F Provide the commonly known addresses and tax key number of the property or properties. The tax will start with "71" (e.g.. 71-08-12-152-005.000-026) and typically has 18 numbers separated by dashes dot. Also provide the current assessed value(s). Np List out each residential property as you did on the previous page. If you need additional rows, then make additional copies of this page or attach a similar document to this petition addendum. Estimated Market Address j Tax Key Number Current Assessed Value After Project Value Completion 4$— 724 Hanson — 71-08-02-407-013000-026 12,600 — _ _ 245,000— 726 Harrison 71-08-02407-012.000-026 $ 3,400 $ 245,000 List the real property taxes paid at the location(s) during the previous two calendar years, whether paid by the current owner or a previous owner. Provide the year (e.g,, 2022) and the amount of total taxes paid. (Nate that if a property's taxes are past due, then that property is ineligible to receive a tax abatement_) If you need additional rows, then make additional copies of this page or attach a similar document to this petition addendum. Tax Key Number Year 1 Year 1 $ Taxes Paid Year 2 Year 2 $ Taxes Paid 71-08-02-407-013.000-026 2022 $ 65.70 2021 $ 0.00 71-08-02-407-012.000-026 12022 $ 0.00 2021 J_0-00 _ _ — F i 1 Check box to confirm that building permits HAVE NOT been Issued for any of the properties. I KI 7A1 RESIDENTIAL TAX ABATEMENT PETITION ADDEN UM q j Describe and list other anticipated City Housing Subsidy Program, City Sew v 4U?l public financing for the project. Reimbursement, and City Sidewalk Repair Pr 4 C including any assistance to be sought ti FSoralreadyauthorizedthroughtheF'v0U.S. Department of Housing Urban itiDevelopment (HUD), the City of South Bend, the South Bend Housing Authority, the Housing Assistance Office, the St. Joseph County Housing Consortium, or other entity providing financial assistance. Do not limit your response to public works improvements only.). Describe how the property has Lack of investments in the neighborhood, maintenance become undesirable for or impossible to the previous home led to it being demolished leaving of normal development because of a the lots to become abandoned, vacant and blighted lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal Ldevelopment of the property. I Provide the current use and zoning for each property. (Zoning information, including the zoning map, Ican be found here. If you need to add additional properties, you can add rows to the table below, use the space below the table, or use an additional sheet. Address or Current Use Tax Key Number 1724 Harrison Vacant 726 Harrison Vacant 4 Zone U2 U2 RESIDENTIAL TAX ABATEMENT (PETITION AD Indicate the Tax Incremental FinancingRiver West South Side TIF) area in which the properties are located. Click here to view the River East Douglas Road TIF boundaries. r OaUr) West y Not in a TIF Area WHEREFORE, Petitioner has paid the required fee of $150.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. The Petitioner agrees to provide the staff of the Department of Community Investment upon request information related to the project, including but not limited to a legal description of each property, a map and/or plat indicating the location of each property, and photographs of each property that are accurate representations of each property's condition at the time of this petition is filed. Submitted by: ignature Tina M. Patton Printed Name President Title 3/30!2023 Date 4 Filed in Clerk's Office STATEMENT OF BENEFITS MAR 3L 1023 2423 PAY2024 a REAL ESTATE IMPROVEMENTS Slate Fonn 51767 (R71 1-21) DAWN M. JONES FORM S8-1 i Real Property f Prescribed by the Department of local Government Fn gts,ITY CLERK, SOUTH BEND, IN PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code (check one box): Any lntom*a on conwrn,ng the cost 0 Redevelopment or rehabilitation of real *state Improvements (IC 6 -1.1-12.1-4) of the property and apea(ic salaries paid to tndMduaj a:npsoyew by the Residentially distressed area (!C 6-1.1-12.1-4.1)property owns: is coniden:ln' per ffYS7RUCTlONS- iC 6 1T12.1- 5-1. 1. This statement must be submitted to the body designating the Economic Revrfafzotion Area prior to the public hearing d the designating body requires information from the applicant in making its decision about whether to designafo an Economic Revitalization Area. Otherwise, this statement must be submated to the designating body BEFORE the rodovelopmenf or rehabilitation of real property for which the person wishes to daim a deduction. 2. The statement cif benefrls form must be submitted to the designeb'ng body and the antis deslgnared an economic revitatization area before the initiation of the redevafopmoM or rshabirdatfon for which the person desires to daim a doducaon. 3. To obtain a deduction, a Form 322IRE must be filed with the county auditor before May 10 in the year in which the addrb'on to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if N was marled eRarApril 10. A property owner wflo faded to Me a deduction application wffhrb the prescribed deadline may fits an apppc*tion between January t and May 10 of a subsequent year. 4. A property owner who riles for Me daducbon must provide the county auditor and designating body with a Form CF-1/Real Pmperry. The Form CF-11Real Property should be attached to the Form 322/RE when the deduction is fust claimed and than updated annually for each year the deduction Is appkcabla. IC 6-1.1-12.1-5.1(b) 5. For a Form SS-ifReaf Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1177eal Property that is approved prior to July 1, 2013, the abatement schod+de approved by the designating body remains in effect. IC 6.1. 1.12.1-17 Nana of tutyayar Cross Community Inc. Address of taxpayer NamberandStreet: 707 Sherman Ave Citi South Bend sr.k: IN ztr: 46616 Name of conte rersonWephono number E-mail addrom pint Name. Tina L tNunr. Patton 1(574) 976-2106 tmpatton2®comcasi-net SECTION• • AND DESCRIPTION OF ' f • • • PROJECT Name of dastpnstino body Common Council of the City of South Bend Rosokibon number Local.m of propo tf County DLGF tafdng dlytr4 number Niu.ty,mdsem: 724 Harrison Avenue Oh, south Bend Rate IN 2tr.46616 St. Joseph 026 (South Bend -Portage) DasolDdon or reef prdPerty Improvamenta. rodavetopment, er renebUMadorf {ase eddfdon sheets 17 necessaryi Estimated alert data frnpnth, day, yea.J We will building 2 new homes that in general will be between 1390-1620 sgft. The homes will 51112023 be sold to first time homeowners who have participated in financial/credit building wo*shops. Earnawowoetiondata(anno, der ywrt 121IM23 Current values Plus estimated values Cf proposed pro)ed Louvetues of any property being replaced Net estimated values upon completion of pf Estimated solid waste converted (pounds) COST ASSESSED VALUE I 220,000 220.000 Estimated hazardous waste converted (pounds) 2.600 S 242.406 245.000 Other ben aft The homes will be sold to first time homeowners who have participated in financial/credit building workshops, SECTION 6 TAXPAYER CERTIFICA71ON I hereby certify that the representations in thhi s}stattemmee/ int are true. Sdgnaurre of autfwdx•d ZAX— i! I {)Biu efgned ;rrmrh. Cay, y'sa*1 13/30/2023 PM.ted name OT eulhorfud ropresentaihre Tttf• Tina M. Patton President Page i of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by thle body. Said resolution, passed or to be passed under IC 6-1.1-12 1. provides for the following limitations, A. The designated area has been limited to a period of time not iJ n>;ued calendar years' (see below). The date this designation expires is . NOTE. This question addresses whofher fho resolution contains an expusfion date for Me desig mW area B. The type of deduction that Is allowed In the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements Yes []No 2. Residentially distressed areas Yes No C. The amount of the deduction applicable is Imited to $ 0. Other limitations or conditions (splay) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (' see below) Year 6 Year 7 j] Year 8 Year B Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 0-1. 1-12.1-177 Yas No If yes, attach a copy of the abatement schedule to this form. If no, !re designal,ng body is required to astabhsh an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and 8nd that the estimates and expectations are reasonable and have determined that the totality of banefils Is sufficient to justify the deduclion described above. Approved (skimriu.m and ora or &Whoritad membor at designating body) Tofophono numbar 1 Dwu 7'gnod (mono, d?)/ yea.) I Printed name or sutnorizod mombar of dosignatlng body Name of rlorigns*V body ACeeted by (signartrro and We or 8'te3100 Prtnled name of ottester If the designating body limits the time period dumg which an area is an economic revitalization area, that fimitaWri does rot limk the length of time a taxpayer is entitled to receive a deduction to a number of years that Is Was than the munber of years designated under IC 6 -IIA -12.1-17. A. For resrdentiaRy disLmssed areas where the Form SS-IlReal Property was approved prior to July 1, 2013, the deductions established In IC 6.1.1-12.1 4.1 remain in enact. The deduction period may not exceed five (5) years. For a Form SB-1/Real Property that is approved after June 30, 2013. ft designating body Is required to estabilsh an abatement schedute breach deduction allowed. Except as provided in IC 5-1.1-12.1-113, the deduction period may not exceed ton (10) years. (See IC 6-1.1-12.1-17 below.) B. For the redevafopmenl or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SEM/Real Property that is approved ager June 30. 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See fC 6-1. 1-12.1-17 below.) IC 6-1.1-12.1-17 Abatament sch6dules Sac. 17. (a) A designating body may provide to a business that Is established In or relocated to a mvitelization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new AM -time equivalent jobs seated. 3) The average wage of the new employees compared to the slate minimum wage. 4) The Infrastructure requirements for the taxpayers Investment. b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish a n abatement schedule for each dadudion allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided In IC 6 1.1.12.1-1 B, an abatement schedule may not exceed ten (10) years. c) An abatement schedule approved for a pedWular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terns of the resolution approving the taxpayers statement of benefits. F`/ ea'n Cfer 1q,Q 3C ice F9k1vM.: N Page 2 of 2 Clerk's Oice MqR 3 STATEMENT OF BENEFITS zo23 PAY2o24 REAS. ESTATE IMPROVEMENTS ClrY DgiVN- State ethe Oaparlment of Local Government PRIVACY Finance C FAK SOUr$ , FORM I Real Property Prawribed by Bil j I NOTICE This statement is being completed for real property that qualifes under the following Indiana Code (Chec Any tnfor eoncemtrrs are coct 9 Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1--0) ofvte properAtyy and spoaflc saturoe paid toindlvlduat wrployeos by theI] Resldenttalfy distressed area (1C 6-1.1-12.1-4.1) owner Is con5derwol pe.• INSTRUCTIONS: tCb t• 1 -t2.< -5, t. 1 This statement must be submitted to the body designa0'ng die Economic RewteGzabon Area prior to the public hearing ifft designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submifred to the designating body BEFORE the redevelopment or rehabilitation of reel property for which the parson wishes to calm a deduction 2. The statamont of benofhs form must be submitted to the designating body and the area designated an economic revitalization area before the Initiation of the redevelopment or rehabdilation for which the parson dasiras to claim a deduction. 3. To obtain a deduc0'on, a Form 322/RE must be Bled with the county auditor before May 10 In the year in which ft addition to assessed vai'ua(,on Is made or not later than thirty (30) days after the assessment notice is malled to the property owner it it was msr7ed after April 10. A property owner who faded to No a deduction application within the pmscnbed deadline may irle an applicetion between January 1 and May 10 of a sabsequont year. 4. A property owner who frfas for Me deduc vi must provide the oounty auditor and designating body with a Form CF-I/Real Property The Form CF-t/Reel Property should be attached to the Form 322/RE when the deduction is first cialmad and than updated annually for each year the deduction Is applicable. Ic 6..1.1.12.1-5.1(6) 5. For a Form SS-f/Real Property that is approved oiler June 30, 2013. the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Reaf Property that is approved prior to Jury 1, 203, the abatement schaduis approved by the dasignahng body remains in aBect. IC 6.1.1-12.1-17 SECTION• • Name of taxpayer Cross Community Inc. Address or taxpayer Numbccend Sheet 707 Sherman Ave City South Bend sur,- IN zit-.. 46616 Namo of contacttpomcm I.etNema Tdepho" number E-mail address P Ttrio Patton (574) 876-2106 tmpatlon2®oomcast.net SECTIONe AND DESCRIPTION OF OP s PROJECT Memo of dos4ualing body Common Council of the City of South Bend RosoNson number UY-w on o! property County DIGF ta- A g dishtd number Numbereedsheet 726 Harrison Avenue cite south Bend Sete; IN yip, 46616 St. Joseph 026 (South Bend -Portage) banrrpvon or meat property Improvements, rodavelopment, or mhobtilmaon ruse acdylo shorts if newssoryJ Eytlrdod start date lff"Wr, day, yserl We will building 2 new homes that in general will be between 1390-1620 sgfL The homes will 511/2023 be sold to first time homeowners who have participated in financiaVcredit building workshops. EsameWd temptation data Irrxnh, day you) 12/112023 REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE Current values1115 3,400 Plus eatimated values of proposed project $220.000 S 241,e00 Less values 01 any property being replaced Net estimated values upon completion of proiect S 220,000 $245,000 Estimated sdld waste converted (pounds) EsUmated hazardous waste converted (pounds) Other hettorrt• The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are tete. S:ynaauo 01 wtnotxed r p[escmG7Uva f 1)i" DateaApMA (maM, day, ysNj j/t// 3/30/2023 ad nerneofWhonxedmprewntal" Tina M. Patton—j"`taPresident Page 1 of 2 FOR -USE OF :•D We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC &1, 1-12,1, provides for the following limitations: A. The designated area has been limited to a period of brne not to exceed calendar years' (see be/ow), The date the designation expires is . NOTE: This question addresses whoVwr the reso/uLon coniairis an expiration data for the des/gnated area. B. The type of deduction that is allowed in the designated area is linked to: 1. Redeve?opmenl cr rehaUitauon of real estate improvements [I Yes No 2. Rosidentatly distressed areas Yes []No C. The amount of the deduction applicable is limited to $ D. Otter limitations or conditions !spe(;14) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (' see below) Year 6 Year 7 Year B Year 9 Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177 Yes tic If yes, attach a copy of the abatement schedule to this form. If no, the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to Juslify the deduction described above. Approved (S+gna'ura and bHa arautr)orhed mxnb•: ordasvriour:g body) Tolephono nun5bor i, a,,r slgneC `rr•y,U, c'ei. year, Prfntod nerve of auth"zud momber of designating body Name of def miming body AMMad by IsvrwNrA4r4M!* of a.:ex" Primed name of etlester If the designating body limits the lime period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the nxenber of years designated under IC X1.1 12.1 1T. A- For residentially distressed areas where the Form SB -1 Meal Property was approved prior to July 1, 2013, the deductions established in IC 6-1.11.12.1-4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SS-1tReal Property that is approved after June 30, 2013, the designating body Is required to establish an abatement schedule for each deduction allowed. Except as provided In IC 6 1.1-112.1-18, tete deduction period may not exceed ten (10) years. (See IC &11.11-112A-117 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designaling body remains in effect. For a Form SS-1/Real Property that Is approved after June 30, 2013, the designaling body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1. 1-12.1-17 below.) IC 6-1.142.1.17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that Is established 1n or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factnrs: 1) The total amount of the taxpayer's investment in real and per ->anal property. 2) The number of now full-time equivalent fobs created. 3) The averaga wage of the now employees compared to the state minimum wage, 4) The infrastructure requirements for the taxpayers investment b) This subsection applies to a statement of benefits approved after June 30, 2013. Adeslgnatng body shelf establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule muss specify the percentage amcunt of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18, an abatement schedule may not exceed tell (10) years. c) An abatement schedule approved for a particular taxpayer before July 1. 2013, remains In effect until the abatement schedule expires under the terms of the resolution approving the taxpayers statement of benefits. l` C erk's p ce 3C?0e r Rk S .U y S Page 2 of 2 LnvioQ View of 726 Harrison from the street facing east. View of 724 Harrison from the street facing east. GENERAL NOTES. MODEL BUILDING TYPE: Harrison Street DESCRIPTION: UNIT CONFIGURATION: 3 BED / 2.5 BATH UNIT SIZE: 1,618 SQ. FT. (FINISH GROSS) BUILDING HEIGHT: 2 STORIES + BASEMENT SHEETINDEX ij&V1-t tiW" X i17 a APPLICABLE argxonnos IsLE _ zoiu rYwna..Eru..... GENERAL CONSTRUCTION 9TANDARDS1 YWrnufgYpM*.4Y MI+4 FELTwr-.N:r..,'IK,...r....e.l...1»a,......µ °`usq[xrxw° E r p.,sxrx°,[s ° xaxq s os rea c uuL[ss ox[aLNSE xm[ o, Wa. Ea cavo sEr 000a so rru °xq uNuo T.I. rs cr EouAL w xrx au Ee[p oEaE rxE oocp. ••. WLe'b 41W. r •[arl.le µgnlYyyY YY{f , wyf 10 xrrrwu wax+. oxxrEaaccATALLLl nxn nacunq uouuLnq gsovYsusxrs "E req oq z-xq OqE ganuclsnEcsssegv rxs nssCcneLE wn4LassEueLruusr uEer n.L uxnuum cosE „ ry , wY'r n'p'Atlzl eFw4Ls s.owcq suggauns, A K ..i.v i e w..Pw wwrinNlm-wmMl4tcY.enla ar.y. r,yr Ny..., yey. l u •k. Naaf i wznawr_ r. cxxanw, Ef. nxR[,[,rn,x:o Ltrl.otwl p Ex=>x wpw.xLLs.r xgrn r uul A-1-0Tr •o*nwr«i°w°.YnrrrEggxqFacnp[qsqPEan.rr° xs.wn"rwr.w.e..fue..w.n.arwa4rLena.cu.on w•..'x...n...w.n. sm. wsaitiiin iri::w:i. TI -1 gExq... v, Aw 0 Z W m 0 LnwV) I O 2 r U) w n g y o 03` wi Z mw Np NO U OOf U I` 09,16. 202z 1111 PRICINGSET ` I IK 1 w.. COVERGRAll- INGEX ANOGENERALINFORMATM) N Iw G-0. 01 f wN•. i. lmpin ln R4 w as w.EE..+apw fii. wrlrlYwn GENERAL CONSTRUCTION 9TANDARDS1 YWrnufgYpM*.4Y MI+ 4FELTwr-.N:r..,'IK,...r....e.l...1»a,......µ °`usq[xrxw° E r p.,sxrx°,[ s ° xaxq s os rea c uuL[ss ox[aLNSE xm[o, Wa. Ea cavo sEr 000a so rru °xq uNuo T.I. rs cr EouAL w xrx au Ee[p oEaE rxE oocp. ••. WLe' b 41W. r •[arl.le µgnlYyyY YY{ f , wyf 10 xrrrwu wax+.oxxrEaaccATALL Ll nxn nacunq uouuLnq gsovYsusxrs "E req oq z-xq OqE ganuclsnEcsssegv rxs nssCcneLE wn4LassEueLruusr uEer n.L uxnuum cosE „ ry , wY'r n'p' Atlzl eFw4Ls s. owcqsuggauns, A K ..i.v i e w..Pw wwrinNlm-wmMl4tcY.enla ar.y. r,yr Ny..., yey.l u •k. Naaf iwznawr_ r. cxxanw, Ef. nxR[,[,rn,x:o Ltrl.otwl p Ex=>x wpw.xLLs.r xgrn r uul A-1-0Tr •o*nwr«i°w°.Y n rr rEggxqFacnp[qsqPEan. rr°xs.wn"rwr.w.e..fue..w.n.arwa4rLena.cu.on w•..'x...n...w. n.sm. wsaitiiin iri::w:i. TI -1 gExq... v, Aw 0 Z W m 0Lnw V) I O 2 r U) w n g y o 03` wi Z mwN pN O UO Of U I` 09, 16. 202z 1111 PRICINGSET ` I IK 1 w.. COVER GRAll- INGEXANO GENERAL INFORMATM) N Iw G- 0. I I I I I a I 1 I 5h erzouw oicraicl GS --l— MOMM RE P1Aq I I I I I I I I 1 1 I I I I I I 0 Z W m H 0 N LuU) D O ly 00 N 0. Zxgmi 0 N N OU rnrn O U De•,e,mzz PFIGING SET YY` MMiw.i. i n. i.. e'nr.wu wi IRE PIANDIAGRAMSAND fj FOUNDATION PIAN 03[l.U. -N PIAN yr.[.a• A-1.01 1 71 A k 9EOXooM9 y 5sF _ seed xaa SF 0'[PmM051uPI.Oaq ".m Lwuve_ ui•-rte W11IMMLEVEL—N ARRILM w o e LIUMG RGCM y L GOLEBm V m•r MJOPM LEVEL PIAN unsra 13 Z LU m 2 F- DD O V) LUU) O T- ry O w N a N 0 Z 75 m l O U NU) O U PRICING SET M-95FEE-1. N T. lw A-1.02 Maud iuYA vMilw h ix.E aa wale pMI I! Y i6anj6 wLi e. W.W 0/I ALPIAN PLACEHOLOEH 1/C'=1'-0' 9)1Y 141LEVEL ELECTRICAL PLAN -- ,Q IKj WITERLIW9l-EECT{rGftW 1N -I-V 0 Z W m F— DD 0 N i U-) Z) 7 O x U) z011z m N O U U) Ow U oe.mmzz PFICING SET 4 x ROOF PLAN AN D LIGHTING PIANS A-1.03 DI (FRONT UEVAMN 113 02 [RIGHT ELEVATION MERE R EI—ATIOM TA -.r - 04 1— ELEVATION lw.r-r I'RIC'll'N-G—SET A = N E%TER ORELEVATIONS A-2.01 TI Z o daLL O k aEDRGGM t/'1 I INew 1aVING ROOM Luw I' pI __ I II C ' YiT! MV'• Lu Ef''^}..'(— ftlaw ii_ IW 11 u C-,r ..t.. I I U ' r :-• wn' Tt+lifl L J I I } ry o cn Lo IN m o 11 =11T O21"0" KMM IW -M, 03 [LONGITUDINAL SECTION lm --v • Z m i fn r TI u.x --ate maesclnwae U) 7FU 7`YMN ruh-rrlCw.rr PRICING SET f Iyr.nYl } I car ml srr. IWC*SGHEDULE f„r IR'. 1"d" t I WINDOW SCHEDULE r.,M 1 Tr1 .-v f crNno 9f.Y w'{ [ r WALLSECTION OORAND I i.-...--- .-.ice ww. WINCHEDUL S R rv... .+R,fD vincows c .•. 1 o0n c.wn wn p I 11 SCHEDULES r o jrrncxEcsERc4wnusEcnox au.r IWRIYOYCCHEIYLEN 1: Tar w A-3.01 oMm T - O2 (FRONT PORCH -SAVE DETAIL 1 -Vo 04 [MNDM HEAD 01 rFRONT PORCH SECTION tw M MAIN ROOF - E -E DETAIL Ia,.-r"' 15[WINDOW JAMD E -E I CSf-DOW SILL Pr T21PIRMI Iffill DETAILSELEVATIONOPTIONAI A-4.01 The Narrow House II The 3 -bedroom version of the Narrow House provides an effident, yet comfortable detached, fee -simple option that allows development of the city's most skinny infill tots, It maintains the same vernacular elevation options as the 2 -bedroom Narrow House, however, a 1 -story rear addition accommodates a ground floor master suite. This extension could also be modified into a one -car garage. office/workshop. or attached ancillary dwelling unit. 111111111119- 'IV-ld ZONING DISTRICTS ALLOWED m ®m` m T I OverviewBuildingType Building Dimensions t, acv; rrBuilding Hclght 2 story Building Wlcth 20' Building Depth (ind. porch) 51' Program Und ConGguraGon 3 bed / 2,5 bath r,,r; ,rr,, Unit Size (finished gloss) 1390 sq. ft. Basement (unfinished) 830 sq. ft. horar (unconditioned) 136 sq, ft; J 1st Floor 830 sq. ft. 2nd Fluoi 560 sq, ft. rr, s Lot Standards uit a' WING ' " LoL Width On nJ 30' Lot Widthption 60' d4lr++iitnr r Cost Assumptions Prelimirary Construction $220,000 -. E.' o,ates ' $270.000 Fina icing OI- tion= 30 -yr iortgr ge r arn ZCDK0 - CID CD C c— fid' N TZ U)M C-211 rn Z n v m 2 I OverviewBuildingType Building Dimensions t, acv; rrBuilding Hclght 2 story Building Wlcth 20' Building Depth (ind. porch) 51' Program Und ConGguraGon 3 bed / 2,5 bath r,,r; ,rr,, Unit Size (finished gloss) 1390 sq. ft. Basement (unfinished) 830 sq. ft. horar (unconditioned) 136 sq, ft; J 1st Floor 830 sq. ft. 2nd Fluoi 560 sq, ft. rr, s Lot Standards uit a' WING ' " LoL Width On nJ 30' Lot Widthption 60' d4lr++iitnr r Cost Assumptions Prelimirary Construction $220,000 -. E.' o,ates ' $270.000 Fina icing OI- tion= 30 -yr iortgr ge r Filed in Clerk's Office APR 18 2023 DAWN M, JONES MEMORANDUM OF AGREEMENT CITY CLERK, SOUTH BEND, IN SINGLE-FAMILY RESIDENTIAL REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of April 11, 2023, serves as confirmation of a commitment by Cross Community, Inc. (the "Applicant"), pending an April 24, 2023, public hearing, to comply with the project description contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Pronerties Associated with the Abatement and Responsibilities of the ADDllcant. At the time of this agreement, the properties are located at the following addresses with corresponding key numbers: 724 Harrison Street, South Bend, Indiana 46616 Key Number 71-08-02-407-013.000-026 726 Harrison Street, South Bend, Indiana 46616 Key Number 71-08-02-407-012.000-026 Throughout the duration of the abatement, the Applicant shall promptly report any changes in the addresses or Key Numbers of the properties receiving an abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the properties subject to an abatement including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this agreement. 2. Commitments of City and Aoplicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC"), the City of South Bend, Indiana, (the "City") commits to provide a five-year (5) single-family residential real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following (the "Commitments"): a) making total combined real property expenditures of no less than Four Hundred Forty Thousand dollars ($440,000.00) for the construction of two (2) single-family homes at the properties identified in Section 1 of this agreement; and c) acting in good faith to complete the project as described in its Application - 3. ADDlicant's ComDIiance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project, and the average wage rates and salaries (excluding benefits and overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF -1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Bevond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves th,-. right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repavment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant and their successors and assigns shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (b) fail to comply with the obligations established by this Agreement, then the City may immediately terminate the Residentially Distressed Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Residentially Distressed Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any, the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement E and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Renavment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty (120) days of the date of the Statement. If the Applicant does not make timely repayment. the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Aot>licant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing, by registered or certified mail, postage prepaid, return receipt requested, thereof, addressed as set forth below: K If to Applicant: Cross Community, Inc. 707 Sherman Avenue South Bend, Indiana 46616 Attn: Tina Patton If to the City: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 14005 South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign' means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the single-family residences which are the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severabilitv. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Applicant" Cross Community, Inc. By: Auz Tina Patton President Cross Community, Inc. Approved as to Legal Adequacy and Form this I day of , 2023. Counsel, South Bend Common Council Counsel for Applicant 4City„ City of South Bend, Indiana 0 0 By: LIM Sharon McBride President, South Bend Common Council Rachel Tomas Morgan Chairperson, Community Investment Committee Erik Glavich Department of Community Investment James Mueller Mayor Attachment follows.] Filed in Clerk's Office I APR 18 2023 5 DAWN M, JONES CIN CLERK, SOUTH SEND, IN Filed in Clerk's Office Filed in Clerk's Office APR 18 2023 J DAWN M. JONES BILL NO. 23-18 APR 0 5 2023 CITY CLERK. SOUTH BEND, IN CRy CLERK, M. JONESEEND, INRESOLUTIONNO. 5015-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 Harrison Avenue, South Bend, IN 46616 AND 726 Harrison Avenue, South Bend, IN 46616 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cross Community, Inc. WHEREAS, a petition for real property tax abatement have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas described as: Key Number: 71-08-02-407-013.000-026 Commonly Known As: 724 Harrison Avenue, South Bend, IN 46616 Legal Description., Lot 2 Kingdom Campus Minor Sub 23124 NP #1221 62712022 and Key Number: 71-08-02-407-012.000-026 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot I Kingdom Campus Minor Sub 23124 NP ##1221 612712022 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows; SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one - family (1) or two-family (2) dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under Indiana Code 6-1.1-24 and Indiana Code 6-1.I-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION 1I1. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which infonnation was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3; E. That the deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability; and F. That the deduction will not be allowed unless the dwelling rehabilitation is completed by December 31, 2025. SECTION 1V. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V.. The Common Council hereby accepts the report and recommendation of the Community investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall expire on December 31, 2025. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown below pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - WA6 Year 4 - 95% Year 5 - 90% SECTION VIII. The Common Council directs the City CIerk to cause notice of the adoption of this Declaratory Resolution for Real Property Taut Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: 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 day of 2023, at o'clock m. Approved and signed by me on the M. Filed in Clerk's Office APR 0 52023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Dawn M. Jones, City Clerk Office of the City Clerk day of James Mueller, Mayor City of South Bend 2023, at—_ o'clock Filed in Clerk's Office APR 18 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Filed in Clerk's Office Filed in Clerk's Office i I APR 182023 STATEMENT OF BENEFITS MAR 3 L 2023 At 1 REAL ESTATE IMPRovEMENTS taS N111 State Fonns1767(R711-21) DAWN M. JONES ND IN l ND, IN Prescribed by the Department o1 Local Government pinaetLCl y CLERK, SOUTH BE PRIVACY NOTICE This statement is being completed for teal property that qualifies under the folowing Indiana Code (check one box): Any Woffn&Wn con comng ustngtheo D Redevelopment or rehab4itation of real estate Improvements (IC 61.1-12.14) d the p operty and speaft salaries Residentially ds!rossed 8re9 (iC & paid to Indvtdual ampwtoyyeeww by the1.1-12.1 4.1) owrw is cortwnbw per IC INSTRUCTIONS. 2. 1. 1. This statement must be submitted to the body designating the Economic Revitakm6on Area pnor to the public heating i(tho designating body requires information from the applicant in malting its decision about whether to dasignala an Economic Revitalization Area. Otherwise. Itis statement must be submitted to rho designating body BEFORE the redevebpment or rehabititafion of teal property for which the person wishes to claim a doductlon. 2. The statement of benards form must be submitted to rhe dasignabng body and the area designated an economic rovifelization area before the lnitieffon of the rudevelopmeM or rehabilitation for which the person desires to claim a deduction 3. To obtain a deduction, a Fort 322YRE must be filed with the county auditor before May 10 in the year In which the addidan to assessed valuation is made or not later than thirty (30) days oiler the assessment notice is mailed to the property owner Hit was mailed aRerAprrl 10. A property owner who felled to INe a deduction application within the prescribed doadgrto may rile an application behwen January 1 and May 10 eta subsequent year. 4. A property owner who fikis W the deduction must provide the county auditor and designating body with a Form CF-URaal Property The Form CF-I/Real Property should be attached to the Form 3221RE when the deduction is first claimed and than Loafed annually far each year the deduction is appllcab(e. fC 61.1-12.1-5.1(b) 5. For a Form SB-ilReal Property that is approved afar June 30. 2013. the designating body is naquired to esfabNsh an abatement schedule for each deduction allowed. For a Fort SB-IlReal Propwly that is approved prior to July 1. 2013, the abatement schedule approved by the designating body remains in effect. IC 61.1-12.1-17 SECTION•• • Name at taxpayer Cross Community Inc. Addm a a f taxpefe r Number•nd.tr L 707 Sherman Ave city South Bend clear IN zip: 46616 Name of contact presort TAMhona number E-mail addrs"a Flnr Name•. Tina tail Name. Patton (574) 876-2106 Imtpanon2®comcesLnet SECTJON 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of dosigruting body Common Council of the City of South Bend Resoitibon number Locelmw of pn)perty county DLGF UWng district number Numbcraad stn,: 724 Harrison Avenue air. south Bend Sato IN ?,, 46616 St. Joseph 026 (South Bend -Pottage) Deacnplfon of res! property impfo remants. rederetoprnertt, Cc rahebi Rion (use addrdo, JSh@afSffn*CftWryj EAinwed start dots fnwth, dry, year) We will building 2 new homes that in general will be between 1390-1620 sgft. The tomes will 5/1/2023 be sold to first time homeowners who have participated in tinanciaUcredit bullding workshops. Es*,newd oarnpaban date (-000, day. yftr) 12/1/2023 REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values $2.600 Plus ostimated values of proposed project $220.000 S 242.400 Less values of any property tieing replaced Not estimated values upon completion of Proiact $ 220,000 3 246,000 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. signature tit outto,tred represenfaftya „/f Data signed Pow1h. day, year) tL/ ,fj&7C_,,, 13/3012023 PAntedname ofauthorindropmsertmrb'" Tina M. Patton TitoPresident Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the appricanl meets the general standards In the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 61.1-12-1, provrdes lot the fallowing !Imitations: A. The designated area has been limited to a period of time not to exceed N/A calendar years' (see below). The date this designation expire', is 12/3112025 NOTE This question addresses whether the rasolu6on contains an explrsdon date for the de"nsfed area. B. The type of deduction that Is allowed In the designated area is IUnited to: 1. Redevelopment or rehabilitation of real estate improvements []Yes ®No 2. Residentially distressed areas xQYes C] No C. The amount of the deduction applicable is limited b $ NSA D. Other limltatlons or conditions (mealy) N/A E. Number of years allowed: Year 1 [ Year 2 Year 3 Yaar 4 ® Year 5 (' see batow) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 61.1.12.1-177 C9 Yes No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to estabfish an abatement schedule before the deduction can be determined. We have also revievrad the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction descrWed above, Approved (aigrdfum end risco of authori2ed membor o/ do4na:rng body) i0oOronv number I Dew signed frn", day, yebr) fl Printed nems of a ftdzod member of designating body Name of designating body ACesled by (sfgna1m and We or eresler) Ponlod name of allester if the designating body limits the time period during which an area is an economic ravitaf Ation area, that limitation does not limit the length of time a taxpayer is ontiled to receive a deduction to a number of years that is less than the number of years designated under IC 61.1-12.1-1T. A. For residentially distressed areas where the Form SIB -1 Real Property was approved prior to July 1, 2013, the deductions established in IC 6-1.1-12.1-4.1 remain in effect The deduction period may not exceed five (5) years- For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to estati4sn an abatement schedule for each deduction allowed. Except as provided in IC 6 1.1-12.1-18, the deduction podod may not axceed ton (10) years. (Seo IC 5-1. 1-12.1.17 below.) B For the redevelopment or rehabilitation of roar property where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatemem schedule approved by the designating body remains in effect. For a Four SBA/Real Property that is approved after June 30, 2013, the designating body is required to astablish an abatement schedule for each deduction allowed. (See tC 6-1.1-12.1-17 below) IC 6-1.1-12.1-17 Abatement schedule& Sec. 17. (a) A designating body may provide to a business that is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on. the following factors: 1) The total amount of the taxpayers investment In real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requlrements for the taxpayer's Investment. b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided In IC 61.1-12.1-16, an abatement schedule may not exceed ten (10) years. c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's stalement of benefits. Filed in Clerk's Office I I APR 1 [u DAWN M. JUNES CITY CLERK, SOUTH BEND, IN Page 2 of 2 Clerk 5Ce MAR Y STATEMENT OF BENEFITS ?O?3 2023 PAY2Q24 REAL ESTATE IMPROVEMENTS C17y C'NN' State Fonn 51797 (8711-21) CORK SDUpNIrS I FORM 88-11 Real Property Proscribed by the Department of Local Government Finance / i PRIVACY NOTICE This statement is ging completed for real properly that qualifies under the following Indiana Code (Cho Any Informsibn aonoemtng the cost i] Redevelopment nr rehabilital:on of real estate improvements (IC 63-M-12, 1A) at Via prop" and opeca8c salaTfm paid to individual errployees'by the Residentially distressed area (IC ti 1,1-12.1 +t. 1) gcnowner Is connderuta! per tC d1.1 -12.t-5. 1. INSTRUCTIONS. 1 This statement must be submfffed to the body designating the Economic Revitalization Area prior to the public hearing if the dasignafrrlg body requires information from the applicant In making its decision abou l whether to designefe an Economic Revitalization Area. Otherwise, this statement must be submitted to fie designating body BEFORE the redevelopment or rehalalleOon of reel property for which the person wishes to cla(rrt a deduction. 2. The statamarif of benefits form must be submitted to the designaftng body and the area designated an economic re0slizatiaon area before the lndtallon of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3 To obtain a deduction, a Form 322ME must be riled with the county auditor before +flay 101n the year in which the addrflon to assessed valuation is made or not later than thirty (30) days after the essessmenr notice is malted to the property owner if if was mailed after April 10. A property owner who farted fo Re a dadadlon application within the prescribed daadfrne may file an application between January i and May 10 of a subsequent year. 4. A property owner who riles for the deduction must provide the county auditor and designaling body with a Farm CF-I/Real Property. The Foran CF-IlReal Property should be attached to the Form 322114E when the deduction is fust claimed and then updated annually for each year the daductfon 1s applicable. IC 6-1.1.12.1-5.1(6) 5. For a Form SB-1/Reat Property that Is approved after June 30, 2013, the designating body Is required to estaiNiish an abatement schedule for each deduction allowed. For a Form SS-IlRard Properly (hat is approved prior to July 1. 2013, the abatement schedule approved by the designating body remains in tt/Tset. IC 61.1-12.1-17 SECTION• • Name of taxpayer Cross Community Inc. Address of taxpayer Number andsteet 707 Sherman Ave Cllr South Bend stxt. IN zip: 46616 Nemo et onnpt twiwe. person Tina wtName. Patton i Te[nphone number ( 574) 876-2106 Emelt tmpattm2@cmcast.net SECTION• • AND DESCR!PTION OF •• r r PROJECT Norma of designating body Resolution number Common Council of the City of South Bend Loco.non of property County DLGF taxing dlabict number Number aad street 726 Harrison Avenue city: south Bend sutc: IN ZIP: 46616 St. Joseph 026 (South Bend -Portage) Deacrpbon of roam property improvaments. rodavetopmerd. or ratuMtuijon (use addmons meals d retasaaryl Etttmetod Wait tate (mo4M_ day. years We will building 2 new homes that in general will be between 1390-1620 sgft. The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Eatnreee ocrnptetion dam VMWA day. »W) 12/1/2023 Current values Pius estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of pi Estimated solid waste converted (pounds) REAL ESTATE 61PROVEMEHTS COST ASSMED VALUE S3.400 220,000 $ 241,800 f 220,D00 1 $ 245,000 Es(Imated hazardous waste converted (pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby codify that the reprasenta5ons In this statement are true. er1AItM3 0'f t1Ut1f0!}fed representative / / Dote 119rMd trrawlrh, daj! yea!) 3/3012023 Printed nano ou autltonxad represents;No Tina M. Patton iltlo President ,. Pagel oft I-oe j in L,twK b BFiIGtr i APR 18 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN FOR OF DESIGNATING BODY We find that the applicant meet; the general standards In the resolution adopted or to be adopted by Wa body. Said resolution, passed or to be passed under IC 6.1,1-12.1, provides for the following limltabons: A. The designated area has been limited to a period of time not to exceed N/A calendar years' (see below). The dale this designation expires is 12/31/2025 NOTE: 7his Question addresses whether the resolution contains an expiration date (or the desrgnsted arae. B. The type of deduction that is allowed in the designated area is limbed to: I Redevelopment or rehabilitation of real wale Improvements Yes ]No 2. Residentially distressed areas ©Yes El No C. The amount of the deduction applicable is limited to $ N/A D. Other limitations or conditions (spacW) N/A E. Number of years allowed: Year 1 Year 2 (] Year 3 Year 4 ® Year 5 (' see below) Year 6 I] Year 7 D Year 8 Year 9 Year 10 F. Far a statement of benefits approved after June 30, 2013, did this dasignatng body adopt an abatement schedule per IC 6-1.1.12.1-177 I@ Yes No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above Approved tStpnerurn and Oft oraufhovhed member oldasign0r.9 body) Tol•D'wna number I Date signed trrrnth. day, year) Prtntod name 0 autheAred member of dosignatkQ body flame or design atfng body Attested by (signerum and dile afatfa.5tar1 Printad name of attos!ar If the designating body limits the lime period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer Is entitled to receive a deduction to a number of years that is less than the number of years dissipated under IC 61.1-12.1-17. A_ For res:dentialy distnumed areas where the Form SB -1 Mast Property was approved prior to July 1. 2013, the deductions established In IC 6-1.1.12.1.4.1 remain in effect. The deduction period may rot exceed rive (5) years. For a Form S6-1lReal Properly that is approved anar ,:une 30, 2013, the designating body Ls required to establish an abatement schedule for each deduction allowed. Except as provided In IC 152-1.1-12-1-118, the deduction period may not exceed ten (10) years. (See IC 6-1-1.12.11-17 below.) 8. For the redevelopment or rehabilitation of real prop" where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remalns in effect. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 61.1-12.1-17 below.) IC 61.1-12.1.17 Abst emanit schedules Sec. 17. (a) A designating body may provide to a business that is established In or relc::ated to a revitalization area and that receives a deduction under section b or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayers investment in real and personal property - 2) The number of now full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayers investment b) This subsection applies to a statement of benefits approved after June 30. 2013, A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC fr1.1-12.1.18, an abatement schedule may not exceed ten (10) years. c) An abatement schedule approved for a particular taxpayer before July 1. 2013. remains In effect until the abalernent schaduls expires under the terms of the resoltdion approving time taxpayers statement of benefits. Filed in Gerk's Office APR 18 ZOZ3 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Page 2 of 2 sof 4R 36 10,,,. k SSU At / City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office I APR O 4 2023 I .. -DAWN M. JONES CITY CLERK, SOUTH BENO, IN Re: The petition of RED TAIL PROPER TIES LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, Bill#l 1-23 Dear Council Members: I hereby Certify that the above referenced petition of RED TAIL PROPERTIES LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by RED TAIL PROPERTIES LLC seeking a Special Exception for Heavy Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, City of South Bend, is sent to the Common Council with an unfavorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition and exhibits received prior to the meeting are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �?Jt.� Angela M. Smith Zoning Administrator Attachment CC: RED TAIL PROPERTIES LLC Bryan Cook BILL NO. 11-23 Filed in Clerk's Office o , ; nr4u101APR042O23 47, 0 DAWN M.JONES CITY CLERK SOUTH BEND, INr Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 February 25,2023 Dear Tim Corcoran: Although I talked with you about this issue at the talk to the mayor session at Riley High School, at our monthly SOAR meeting on February 14,it was decided that I should write an official letter of concern and assistance for the city to close the"junk yard"which has been established at the former site of the Pepsi Cola Bottling Plant. This eyesore should not be allowed in a predominantly residential neighborhood.We know that light industrial is the official zoning of the area north of Broadway,east of High,south of Sample,and west of Miami,but there must be some limits.In addition,was the buyer honest about his intention for this property at the time he purchased it,and would the sale have been finalized with this intent?What can we do about this? Stephenie at LangLab told me that you called her the next day expressing concern.We are grateful for that.We hope LangLab can thrive,but its surrounding area will need to be attractive to their customers.Especially as they plan to make major improvements to their building and parking lot. Please do whatever the city can to end this use,and the abuse of our residential area.And please keep us informed of what is going on,and let us know if there is anything we can do to help. Thank you. Sincerely, Conrad Damian, President Kate Bolze From: Rahman Johnson <rocknd9393@gmail.com> Sent: Monday, April 3, 2023 1:28 PM To: Zoning Subject: BZA#0183-23 RED TAIL PROPERTIES LLC 1330 and 1306 High St. Dear Board of Zoning Appeals, Please accept this letter as opposition to the requested action of Special Exemption for Heavy Industrial at the location referenced above. My name is Rahman Johnson and I reside at the following address: 728 Pennsylvania Ave.,South Bend, IN 46601. I believe this site or Junkyard poses a serious threat to the health of the residents and environment that live near this site. This threat includes hazardous materials such as lead batteries, mercury from light switches, anti-freeze,freon from cooling systems, polychlorinated Biphenyls (PCBs) Chlorofluorocarbons(CFCs), asbestos found in brake pads, motor oil, and heavy other metals. These toxins pose real health risks and can be linked to kidney disease, possible brain damage, problems with the blood and damage to the reproductive and nervous systems. In addition, PCBS and asbestos are carcinogenic. The environmental concerns include plant contamination,endanger animals,soil and groundwater. These heavy metals and other contaminants may enter drinking water and pose risk to everyone living near this site. Again, my name is Rahman J Filed in Clerk's Office APR 0 4 ZQZ DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend RECEIVED MAR 0 3 2023 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information 018-7017-072604,018-7017-072601, 018-7010-037101 Tax Key Number: 0 1` a ) r quo Address: ( 3 b i i l owner: G ` i fropeYT1(... LLL Zoning: Project Summary:Ve-k ICJr TO W Ivy9 ;DI v.S G Nr\ 1r e_ 1 1 f - S r\e_2G a -eV\ce c\. \-\,\ y Requested Action Vpecial Exception—complete and attach Criteria for Decision Making Use requested: Industrial,Heavy- Salvage Yard Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Informal) i ' D Site Plan drawn to scale Filing Fee iriw,k G IkhPer. Criteria for Decision Making Special Exception -If applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: L1',n tac.\ C.\\ Q3,1[N. r cAr 0 C vires y CkV 4.3\-CIA- -- 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: T w`1 1 av , } v\ f- k e-s ,1, c7 r c ‘s-\e T . C c>v 1 l \ t ` e `k s F ck r ,5 0. d C,U- 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: c, ( \, re c.1 U 1 L 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: il)TE L 7ILSI Ltd Address: LI(OO Le(a. FAV- WilLf miSVOILOVIKrA , IN uc)Sc( S Name: Address: Name: Address: Contact Person: Name: rya v‘0 Address: 0,4-V 3e v.4 , TW, 966 (`-( Phone Number: t-/ S-G 3 S52 E-mail: c)c;V 77 m aC_o trv-\ By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent thus petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: A11/)0 Ct ( crt-- incl J o LLL J Ci , 4,,, yam: Y, ': ?,; ..+ ..,t:`.x€n Vii ' Tattoo N. 4 k y 41r. k i• ;'' , e CPConnexi a 14...,,,::: t ck dd;Y w7 1330 High LLC c 4.'It k R6 s fife ixt„„, Broadway IMm y: uilders Q. at 714"1-7"1",,A,1, ' . a Q Broadway St v,z: E1Broadway 3 V •' " i' wrliedi 0 0 op 41,:f)CCHi MAR 0 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend PLAN COMMISSION Tuesday, April 18, 2023 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office f APR 182023 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: Bil1#16-23 -A proposed ordinance of PROPERTY BROS LLC to zone from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3, property located at 616 618 SHERMAN A VE, City of South Bend-PC # 0143-23 Dear Council Members: I hereby Certify that the above referenced ordinance of PROPERTY BROS LLC was legally advertised on April 7, 2023 and that the South Bend Plan Commission at its public hearing on April 17, 2023 took the following action: Upon a motion by Kyle Copelin, being seconded by Jason Piontek and unanimously carried, a proposed ordinance of PROPERTY BROS LLC to zone from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3, property located at 616 618 SHERMAN AVE, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the following commitment: 1)No more than six ( 6) units shall be permitted on the property. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. n� Sin � ely, Angela . Smith Zoning Administrator Attachment CC: PROPERTY BROS LLC Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 16-23 Staff Report -PC#0143-23 April 17, 2023 Property Information Location: 616 618 SHERMAN AVE Owner: PROPERTY BROS LLC Requested Action Rezone from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3 Project Summary Construct a six-plex apartment building Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing , the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0143-23 4/17/2023 Proposed Site Plan SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report -PC#0143-23 Site & Context Land Uses and Zoning: On site: On site is an undeveloped parcel. North : An undeveloped parcel zoned U2 . East: A one unit dwelling zoned U2. South : A two unit dwelling zoned U2 . 4/17/2023 West: An undeveloped parcel zoned NC Neighborhood Center and an undeveloped parcel zoned U2 . District Intent: The U3 District is established to provide for , promote , and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: Petitioner is proposing to build a six -plex apartment building utilizing a pre-approved building plan. Zoning and Land Use History and Trends: The neighborhood was largely established in the late 1890s and early 1900s as a walkable urban single family neighborhood consisting of single family homes with the occasional duplex or triplex , accessed by rear alleys. Through the last few decades , houses have been demolished , resulting in many vacant lots . There has been an effort in recent years to build new housing on vacant lots . Traffic and Transportation Considerations: Sherman Avenue is two lanes with on-street parking. Agency Comments Agency Comments: There are no additional comments at this time . There are no Engineering comments at this time . Staff Comments: These housing types blend well with the character and scale of ex_isting urban neighborhoods . With its location in a fairly walkable urban neighborhood that is close to a major corridor and its businesses , transit , and downtown , this property is well suited for U3 zoning. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan , South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs , preferences, and financial capabilities of households now and in the future . SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0143-23 4/17/2023 Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential , which would allow for a range of neighborhood-scaled residential hous ing types. Plan Implementation/Other Plans: The Near Northwest Neighborhood Plan (2019) promotes a mix of housing styles to address missing middle housing needs in the area . 2. Current Conditions and Character: The existing neighborhood was a dense urban single-family neighborhood . Over time , the demolition of homes has resulted in an increased number of vacant lots . Most of the original homes in the neighborhood date from prior to the 1920s. A concerted effort is being made to build new housing on vacant lots as well as rehabilitate deteriorated housing. 3. Most Desirable Use: The most desirable use , at this time , is a range of low to medium density residential housing types that will seamlessly fit in the established character of the neighborhood . 4. Conservation of Property Values: Allowing new development on vacant lots should improve the overall value of the neighborhood . Add ing additional population to the neighborhood should help stabilize property values . 5. Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood . Analysis & Recommendation Commitments: The Staff recommends the following written commitment: No more than six (6) units shall be permitted on the property. Analysis: Rezoning the site to U3 Urban Neighborhood 3 will allow for residential growth and increased housing options in the neighborhood while not drastically changing the established character. Recommendation: Based on information available prior to the public hearing , the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation SOUTH BEND PLAN COMMISSION Filed in Clerk's Office t APR 182023 I .. DAWN M. JONES CITY CLERK , SOUTH BEND, IN Page 4 of 4 March 21, 2023 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 616 Sherman Ave -PC#0143-23 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office I -· , -MAR 2,1 2023 I 0Aw�M-.-Jo-N""'"'e-s­c1rv CLERK. SOUTH BENO, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 27 th, 2023, Council meeting, and set it for public hearing at your April 24 th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the April 17th , 2023, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone the property from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3 to allow for a six-plex. If you have any questions, please feel free to contact our office. Sincerely, �� Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Oiairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At L arge Rachel Tomas Morgan At Large Lori K. Hamann At Large March 8, 2023 Chairperson Eli Wax Health and Public Safety Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION Dear Chairperson Wax: Most of us in our youth heard our elders say "Good night. Don't let the bed bugs bite." That cute childhood rhyme has a much different meaning today. It is now an actual warning. Bed bug infestations throughout the entire city are distressing our residents. It has gotten so bad that teachers are leaving classrooms to avoid risking taking bed bugs home with them. Something must change. Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly. I believe that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report , the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. BILL NO. 14-23City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 Filed in Clerk's Office MAR 0 8 2023 BILL NO. 14-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION. STATEMENT OF PURPOSE AND INTENT Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly, the South Bend Common Council believes that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: SECTION I. Article 15.Bed Bug Remediation Sec.6-94.As used in this article,"bed bug"means the common bed bug,or cimex lectularius. Sec. 6-95. As used in this article "contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit,both of which units are owned,managed,leased,or subleased by the same landlord. Sec. 6-96. As used in this article, "dwelling unit" means a structure or the part of a structure that is used as a home, residence,or sleeping place by a tenant. Sec.6-97.As used in this article"electronic notice"means notice by electronic mail or an electronic portal or management communications system that is available to both a landlord and a tenant. Sec.6-98.As used in this article,"landlord"means the owner, manager,lessor,or sublessor of a residential premises. Sec.6-99.As used in this article,"pest control applicator"means a: 1)licensed applicator for hire(as defined by IC 15-16-5-16); or 2)registered technician(as defined by IC 15-16-5-33). Sec.6-100.As used in this article,"qualified inspector"means a: 1)local health department official; 2)licensed pest inspector(as defined by IC 15-16-5-18);or 3) scent detection canine team that holds a current, independent,third-patycertification under the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization; who is retained by a landlord to conduct an inspection for bed bugs. Sec.6-101.As used in this article,"tenant"means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Sec.6-102.(a)A tenant shall promptly notify the tenant's landlord by written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs.A tenant who gives a landlord electronic notice concerning potential bed bugs shall send the notice only to the electronic mail address,telephone number,or electronic portal specified by the landlord in the rental agreement for communications.However,if there is not a provision specifying communications in the rental agreement,the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant.The tenant shall retain sufficient proof of the delivery of the electronic notice. b)Not more than ninety-six(96)hours after receiving notice of the presence of bed bugs or the possible presence of bed bugs,a landlord,after providing notice to the tenant as required under section 6-104 of this article: 1) shall obtain an inspection of the dwelling unit by a qualified inspector; and 2)may enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing the inspection as provided in section 6-105 of this article. c)If the inspection of a dwelling unit confums the presence of bed bugs,the landlord shall have an inspection of all contiguous dwelling units performed as promptly as is reasonably practical. Sec.6-103.(a)If a landlord obtains an inspection for bed bugs,the landlord must provide written notice to the tenant within two(2) business days after receiving the inspection report indicating whether the dwelling unit contains bed bugs. b)If a qualified inspector conducting an inspection determines that neither the dwelling unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord under subsection(a)must inform the tenant that if the tenant remains concerned that the dwelling unit contains bed bugs,the tenant may contact the local health department to report any concerns. c)If a qualified inspector conducting an inspection determines that a dwelling unit or any contiguous dwelling unit contains bed bugs in any stage of the life cycle, the qualified inspector shall provide an inspection report to the landlord within twenty-four 24)hours of completing the inspection. Not more than five(5) business days after receiving an inspection report that indicates the presence of bed bugs, the landlord shall begin reasonable measures,as determined by the qualified inspector,to effectively treat the bed bug presence,including retaining the services of a pest control applicator to treat the dwelling unit and any contiguous dwelling unit. d)Except provided in section6-104(c)of this article,a landlord is responsible for all costs associated with an inspection for,and treatment of,bed bugs. e)Nothing in this section prohibits a tenant from contacting any governmental agency at any time concerning the presence of bed bugs. Sec. 6-104. (a) If a landlord, qualified inspector, or pest control applicator must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of the fact at least forty-eight(48)hours before the landlord, qualified inspector,or pest control applicator attempts to enter the dwelling unit,unless a rental agreement provides for a different minimum time for the notice.A tenant who receives the notice may not unreasonably deny the landlord,qualified inspector,or pest control applicator access to the dwelling unit. b)A tenant may waive the notice requirement described in subsection(a)of this section. Sec.6-105.(a)A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that an inspection is necessary and reasonable. b)If a qualified inspector fmds bed bugs in a dwelling unit or in any contiguous dwelling unit,the qualified inspector may have additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable. c)A tenant must comply with reasonable measures to permit the inspection for,and the treatment of,the presence of bed bugs as determined by the qualified inspector.The tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this chapter is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for the treatment of bed bugs arises from the tenant's noncompliance. d)If any furniture,clothing,equipment,or personal property belonging to a tenant is found to contain bed bugs,the qualified inspector shall advise the tenant that the furniture, clothing, equipment,or personal property should not be removed from the dwelling unit until a pest control applicator determines that a bed bug treatment has been completed.The tenant may not dispose of personal property that was determined to contain bed bugs in any common area where the disposal may risk the infestation of other dwelling units. e) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property. f)Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities. Sec.6-106. (a)A landlord may not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge,the dwelling unit that the landlord is offering for rent contained bed bugs within the previous eight(8)months. b) Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date,if any,on which a dwelling unit being rented or offered for rent was inspected for,and found to be free of,bed bugs. Sec.6-107.(a)A landlord who fails to comply with this article is liable to the tenant for the tenant's actual damages. b)A landlord may file an action in a circuit or superior court in the county where the dwelling unit is located to obtain injunctive relief against a tenant who: 1)refuses to provide reasonable access to a dwelling unit;or 2)fails to comply with a reasonable request for inspection or treatment of a dwelling unit. c) If a court finds that a tenant has unreasonably failed to comply with any of the requirements in this article,the court may issue a temporary order to carry out the requirements in this article,including: 1)granting the landlord access to the dwelling unit; 2) granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit;and 3) requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance. d)A court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four(24) hours before a landlord,qualified inspector,or pest control applicator enters the dwelling unit. e) The remedies in this section are in addition to any other remedies available at law or in equity to any person. f)This section does not limit or restrict the authority of any state or local housing agency or health department. Sec.6-108.A landlord who complies with this chapter is considered to have satisfied the requirements of habitability of the dwelling with respect to matters concerning bed bugs. Section II. Severability. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: 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 day of 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MAR 0 8 2023 LSOUTDA N N;.JONESCINCLERK,H IJN Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Herny Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 (574)235-9321Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov April 24, 2023 Eli Wax Fiied in Clerk's Office t South Bend Common Council Member 4th Floor, County-City Building I AH·;2◄ 2023 South Bend, IN 46601 DAWN M. JONES CITV CLERK. SOUTH BEND, IN RE: SUBSTITUTE BILL NO. 20-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM Dear Council Member Wax: Bill No. 2023 was given first reading on April 10, 2023, and was assigned to the Health and Public Safety Committee. It is scheduled for second and third reading and public hearing on April 24, 2023. The revisions to the R.S.V.P. ordinance were very detailed, both in form and substance. In reviewing the proposed ordinance again after it was filed, we found a couple of formatting, non-substantive errors. This substitute bill corrects the errors and makes the ordinance more consistent in format. I ask that this substitute bill be filed and distributed to all Council members as soon as possible before the Health and Public Safety Committee this afternoon. Thank you for your consideration. Sincerely yours, Sheila Niezgodski, 1c -President South Bend Common Council SUBSTITUTE BILL NO. 20-23 SUBSTITUTE BILL NO. --=2....._0-=23,,___ ORDINANCE NO. ------- Filed in Clerk's Office ' I . v · AP,R 2'4 '2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM STATEMENT OF PURPOSE AND INTENT On February 25 , 2019 , the rental safety verification program (RSVP) was established by this Council's adoption of Ordinance No. 10644-19 to ensure safe, decent, quality residential rental units by requiring minimum property standards, and to ensure the health , safety, and welfare of tenants. On October 15 , 2019, RSVP was amended by Ordinance No. l 0686-19 to revise Sec. 6-86(f) for an update to the City of South Bend accounting fund where RSVP penalties and fees are deposited. At this time, it is necessary to clarify and to improve efficiency of the program by rescinding and replacing Chapter 6, Article 14 of the South Bend Municipal Code. Among the specific changes to the existing ordinance are the following: 1. textual language clarification for better understanding and ease of use ; 2. clearer definition of the process to ensure that it matches actual implementation including compliance with state law ; 3 . references to and clarification of building and other standards to be used for inspections ; 4. adding to and improving the definition s; and 5. revision of the City 's organizational structure of RSVP within the reorganized Department of Community of Investment. It is in the best interest of the City and its residents that this ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 6 of the South Bend Municipal Code shall be and hereby is amended by rescinding the existent version of Article 14 of that Chapter and replacing it with a new Article 14 that shall read in its entirety as follows: ARTICLE 14. Rental Safety Verification Program Sec. 6-79. General Concept and Purpose of Rental Inspections. (a) The Rental Safety Verification Program (RSVP) is designed to ensure that City of South Bend rental units meet minimum property standards based on the International Property Maintenance Code and Indiana State Code IC 22-11-18 , as defined by the RSVP Inspection Standards established by the Department and as amended from time to time, which are incorporated into this Article 14 by reference and without formal citation. This program authorizes the inspection of rental units that are intended to be occupied or are occupied by anyone other than the owner. A copy of the RSVP Inspection Standards will be available for inspection in the Department 's Neighborhoods Office. After the rental unit has passed Inspection and is compliant with the provisions of this Article an Inspection Certificate shall be issued by the Department. (b) The purpose of the Inspection, Inspection Report, and Inspection Certificate issued to the owner is to verify that the rental unit is safe and habitable for occupancy with respect to: electrical supply and electrical systems ; plumbing and plumbing supply; water supply, including hot water; heating, ventilation , and air conditioning equipment and systems ; bathroom and toilet facilities ; doors , windows, stairways, and hallways ; functioning smoke detectors; and the structure in which a rental unit is located. (c) This Article shall be liberally construed and applied to promote its purpose and intent. Sec. 6-80. Definitions. (a) Authorized individual means someone authorized or designated by the owner to provide access to a rental unit. (b) Certification Period means the period between the issuance and expiration of an Inspection Certificate as may be determined under the provisions of this Article. (c) City means the City of South Bend, Indiana. (d) Condemn or condemned means to adjudge unfit for occupancy or use. ( e) Contract of Sale means land contract sales or purchases. (f) Department means the City of South Bend Department of Community Investment or its designee. (g) Dw elling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living , sleeping, eating, cooking and sanitation. (h) Egress means a place or means of going out or exiting. (i) Habitable space means the space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls , storage or utility spaces, attics and basements and similar areas are not considered habitable spaces. Finished basements are not considered habitable spaces unless proper egress requirements are met. U) Housing Cooperatives or housing co-ops means a type of residential housing whereby a corporation owns the housing structure with individual units for living and to occupy a unit a person must buy shares or a membership of the corporation. (k) Imm ediat e family memb er mean s an individual that is related to a person as follows , parent; sibling; child by blood, adoption , or marriage ; spouse ; grandparent or grandchild. (l) Indiana Un safe Building Law means Indiana Code, Title 36, Article 7, Chapter 9, as it may be amended from time to time . (m) Inspection means an Inspector conducting a visual examination of a rental unit , including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standards. (n) Inspection Certificate means an official document issued by the Department, after all fees and penalties due, if any , under this Article are paid , that acknowledges the rental unit has passed the Inspection and is compliant with the provisions of this Article . (o) Inspection Report means a written record that an Inspector prepares after conducting a visual examination of a rental unit , including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standard. (p) In spector means an employee of the Department who is charged with the administration and enforcement of this Article. ( q) International Property Maintenance Code (JP MC) means a model code, as amended from time to time, that regulate s the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards, such as for basic equipment, light, ventilation, plumbing, mechanical , heating, sanitation , and fire safety. (r) Occupancy means the purpose for which a building or portion thereof is utilized or occupied. (s) Operator means any person who has charge, care or control of a structure or rental unit which is let or offered for occupancy. (t) Owner means any person , and the person 's property manager, operator, designated representative or authorized agent, having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control over decisions on the use and condition of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person. (u) Owner of Record means any person who holds any fee interest, life estate interest, equitable interest in a contract of sale or other legal interest and whose identity, including address, can be determined from an instrument recorded in the recorder's office of the county where the rental unit is located ; or, written information or actual knowledge received by the Department; or a review of Department records that is sufficient to identify information that is reasonably ascertainable. (v) Person means an individual , corporation, partnership or association, or any other group acting as a unit , and includes a government, governmental subdivision or agency, business trust, estate, trust , two or more people having a joint or common interest, and any other legal or commercial entity. (w)Premises means a lot , plot or parcel of land , easement or public way, including any structures thereon . (x) Private In spector means, for purposes of Indiana Code 36-1-20-4.1 (c)(2)(B)(iii), an inspector of rental units who satisfies the following qualifications prescribed by the City: must be a State of Indiana Licensed Home Inspector. ------------------------------------------ (y) Private In spection means an inspection conducted for the purpose of meeting the exemption requirements under Indiana Code 36-1-20-4.1 (c). (z) Property Manager means a person who manages land or buildings as a business including keeping buildings in good condition and renting property. (aa) Re-Inspection means after the initial inspection a follow up inspection or assessment of a rental unit to confirm the unit meets RSVP Inspection Standards. (bb) Rental Safety Verification Program Warrant (RSVP Warrant) means a court authorization to enter a rental unit to conduct an inspection and complete an Inspection Report if the owner, tenant or others in possession of a rental unit decline consent to an Inspection. (cc) Rental unit as used in this Article, means one ( l) or more dwelling units in a structure intended to be occupied or is occupied as a home , residence or habitable space by anyone other than the owner and may include a tenancy agreement or lease. (dd) Rental unit commun ity means one (1) or more parcels of contiguous real property upon which are located in one (1) or more structures containing rental units, if the combined total of all rental units in all of the structures is five (5) or more rental units and the rental units are not occupied solely by the owner or owner's family. (ee) RSVP In spection Standards means the minimum property standards a rental unit must comply with based on the International Property Maintenance Code, as modified for smoke detectors, defective paint surfaces, and buildings with two (2) or more dwelling units pursuant to Sec . 6- 81 (b) of this Article and established by the Department as amended from time to time . (ff) Special Project(s) means a dedicated and active plan to improve the physical condition ofrental units independent of RSVP but engages a unique partnership between the owner and the City due to the shared goals or interests for the welfare and benefit of the community, such as redevelopment, funding sources and adequate housing or rental stock, and the complexity and extent of the improvement plan. (gg) Short term rental means the rental of a single-family home, a dwelling unit in a single-family home, a dwelling unit in a two-family or multifamily dwelling, or a dwelling unit in a condominium , cooperative, or time share for terms of less than thirty (30) days at a time through a short-term rental platform . The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation , if the entire property is designated for a single-family residential use. The term does not include property that is used for any nonresidential use. (hh) Structure mean s that which is built or constructed or a portion thereof. (ii) Tenancy Agreement means all agreements, written, oral or implied , and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit. Uj) Tenant means someone who lives in a place owned by someone else, usually paying rent. Sec. 6-81. Compliance required. (a) No person shall maintain , or allow occupancy of, a rental unit in the City that fails to meet the RSVP Inspection Standards enforced by this Article. Failure to comply with the RSVP Inspection Standards is a violation of this Article. Any structure converted into a rental unit is encouraged to have an Inspection completed and receive an Inspection Certificate before occupancy. (b) This program is designed to ensure rental units in the City meet the minimum property standards as defined by the RSVP Inspection Standards established by the Department as amended from time to time, based on the International Property Maintenance Code, with the following modifications: (1) Indiana Code§ 22-11-18 minimum standards will apply to smoke detectors which conform to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. (2) If based on the RSVP Inspection Standards, defective paint surfaces are identified in a rental unit built before 1978 , owners must complete the repairs to such surfaces using lead safe practices in accordance with all applicable federal and state laws and related agency rules and regulations and submit to the Department lawful proof of compliance before being issued an Inspection Certificate. Examples of lead safe practices can be found in Indiana Administrative Code 410 IAC 32 and U.S. Code of Federal Regulations 40 CFR 745. (3) For purposes of enforcement of this Article, RSVP Inspection Standards for buildings with more than two (2) dwelling units will be established following International Residential Code standards. (c) The provisions in this Article shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe stricter standards and/or additional requirements than are provided herein. (d) This Article applies to rental units located within the City, but shall not apply to the following occupancy arrangements unless such arrangements are created to avoid the application of this Article: (l) Occupancy by the purchaser of a structure with one (1) or more dwelling units under a recorded contract of sale. (2) Short term rental. (3) Owners who occupy the premises and rent to no more than two unrelated tenants. (4) Housing cooperatives, also known as housing co-ops. (5) Occupancy by immediate family member(s) of the owner. (e) A rental unit may be exempt from this Article as follows: (l) Rental units built as new construction , for ten ( I 0) years after the rental unit construction is completed. The owner of such rental unit must submit to the Department the required information to prove the new construction date of the rental unit; and (2) Rental units inspected by a State of Indiana licensed home inspector pursuant to a completed real estate sales transaction , for three (3) years from the date of the inspection. The purchaser of the rental unit must submit to the Department the required information to prove the validity of the inspection meeting the minimum standards of this Article. (3) If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed . (f) An owner that believes RSVP does not apply to their rental unit must submit documentation that the rental unit meets Sec. 6-81 ( d), Sec. 6-81 ( e) or Sec. 6-82( o) of this Article to the Department for review and determination. Necessary documentation must be submitted to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. (g) This Article applies to governmental or public agencies acting as landlords. If the federal or state subsidized, or owned rental units are regularly inspected by a government entity and verification of housing conditions meeting the standards of this Article are delivered to the Department as requested , then such rental units may qualify for an exemption as provided in sub-section 6-82( o ). (h) An owner shall not allow a rental unit to be occupied that has been issued a vacate and seal order by the Department or is condemned by any agency that has the authority to condemn. (i) This Article applies to rental units that have been issued an exemption or an Inspection Certificate. If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed. Sec. 6-82. Inspection of rental units. (a) Unless sub-section 6-82 ( o) below is applicable, rental units covered by Secs. 6-79 and 6- 81 within the City may be inspected by the Department. (b) The Certification Period will be one (1), two (2) or five (5) years. Thereafter, the Certification Periods are subject to adjustment as established and published by the Department pursuant to Sec. 6-87. (c) The Certification and Certification Period process is as follows: Inspection Certification Path Initial Inspection -Passes Rental unit meets RSVP Inspection Standards at the time of the initial inspection. Single-family property or duplex will be issued a five-year inspection certificate. First Reinspection Additional Reinspection(s) Multi-family property will be issued a five-year inspection certificate. If a unit fails its initial in spection, reinspection(s) must be conducted, and RSVP compliance achieved , no later than sixty (60) days from the initial inspection. Critical violations must be addressed within ten (10) days and all other violations must be addressed within sixty (60) days of the initial inspection. Any new violations identified during reinspection(s) must be addressed in no more than thirty (30) days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation , it must be addressed in no more than ten (I 0) days from the inspection date when it was identified . No fees are imposed for the first reinspection. Single-family property or duplex in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate . Multi-family property in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate. Reinspection(s) must be conducted, and RSVP compliance achieved , no more than sixty (60) days from the initial inspection. Critical violations must be addressed within ten ( I 0) days and all othe, violations must be addressed within sixty (60) days of the initia inspection. Any new violations identified during reinspection(s) will be given a deadline of no more than thirty (30) days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation , it must be addressed in no more than ten (10) days from the inspection date when it was identified. Failure to address violations within the specified timeframe may result in penalties and fees Units that require inspection(s) beyond the initial inspection and first reinspection are subject to an inspection fee. See Penalties and Fees section in this Article. Failure to comply Compliance Deadline Single-family property or duplex upon passage based on a reinspection that occurred after the initial and first reinspection will result in a one-year inspection certificate. Multi-family property upon passage based on a reinspection that occurred after the initial and first reinspection will result in a two-year inspection certificate. If the owner fails to schedule an RSVP inspection, no reinspection ts performed, or a unit fails to meet RSVP standards and requirements within the specified timeframe, then the unit is not in compliance. Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law, including the Indiana Unsafe Building Law. Critical violations must be addressed within ten (10) days and all other violations must be addressed within sixty (60) days of the initial inspection . Any new violations identified during reinspection(s) will be given a deadline ofno more than thirty (30) days from the inspection date when they were identified or within sixty (60) days of the initial inspection , whichever date is later. If the new violation is a critica violation, it must be addressed in no more than ten (10) days from the inspection date when it was identified. The violations identified during prior in s pection(s) will not receive a repair deadline extension. An extension to a repair deadline can be considered on a case- by-case basis with proper documentation as determined by the Department. (d) If a rental unit community has five (5) or fewer rental units, the Department will inspect every rental unit. Rental unit communities with six (6) or more rental units will have at least 20% of the rental units randomly sampled by the Department to inspect and then use those findings to extrapolate the overall quality and condition of the rental units therein. (I) If the findings extrapolated indicate the overall substandard conditions of the rental units or such violations that could affect other rental units , the Department may complete Inspections of additional rental units, up to and including all rental units, as deemed necessary. (e) In addition to repairs listed in the Inspection Report, to receive the Inspection Certificate, the owner shall repair pre-existing substandard housing violations that are active with the Department to meet minimum standards under this Article. (f) A deadline extension may be granted if a rental unit has all repairs completed excepting either exterior items that cannot be competed due to the weather conditions or repairs that cannot be completed due to unforeseen conditions, as approved by the Department. Documentation indicating timely completion will occur must be provided to the Department for review and determination. A reinspection is needed to confirm compliance prior to the issuance of an Inspection Certificate. (g) The Department reserves the right to conduct a reinspection of any rental unit and may adjust the certification period based upon the results of the reinspection . (h) The Department may consider documentation submitted by the owner as sufficient proof of compliance on minor violations at the discretion of the Department. The Department will keep a record of any documentation submitted. (i) Should the rental unit fail to achieve an Inspection Certificate, the Department may impose penalties , and the rental unit and the owner ofrecord may be subject to further enforcement as allowed by law , including the Indiana Unsafe Building Law, but with all due process or appeal rights as afforded thereunder. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) and does not have an inspection certificate." U) An Inspection Report and Inspection Certificate shall be issued to the owner for each rental unit upon which an inspection is performed within ten (10) business days from the date the Inspection is completed and from the date the Inspection Certificate is issued, unless notified by the Department that additional time is needed . (k) An Inspection may be conducted based upon owner voluntary compliance, a complaint, the Department's reasonable belief that the unit is out of compliance with , or in violation of, RSVP Inspection Standards, or the Department ensuring compliance with this Article based on strategic criteria. (I) If the Department has reason to believe that the rental unit no longer complies with the RSVP Inspection Standards or determines that the condition of the rental unit has deteriorated since the issuance of an Inspection Certificate, then a new Inspection of the entire rental unit may be performed. (1) Upon completion , a new Inspection Report and , if appropriate, Inspection Certificate , as approved by the Department, shall be issued to the owner. (m) The following procedures shall be used to obtain entry to rental units for completing an Inspection: (1) When the Department has reason to believe that the rental unit does not comply with RSVP Inspection Standards, including observing a violation or receiving a complaint, it may initiate the inspection process. a. Whenever an Inspection is required , the Department will send a first-class letter to the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection process. c . An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit , such as mechanical equipment, iflocated outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner ofrecord explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section (e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a first-class and certified letter to the owner of record , or provide notice by publication , explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. i. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction . (2) If the tenant contacts the Department to request an RSVP Inspection , the Department may initiate the inspection process. a . The tenant(s) may schedule a date and time to complete the Inspection. The Department is not required to provide notification of the Inspection to the owner. b . Should the tenant(s) take action(s) that prevent the Inspection from occurring during the scheduled date and time, the tenant(s) is responsible for rescheduling the Inspection . c. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(l) of this Article. (3) If the owner contacts the Department to request an RSVP Inspection , the Department may initiate the inspection process . a. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. b . An authori z ed individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, iflocated outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection . c . Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is re sponsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. d. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(l) of this Article . (4) Should the Department proceed with ensuring compliance with this Article based on strategic criteria, such as geography or rental unit communities, the Department may initiate the inspection process. a. Whenever an Inspection is required , the Department will contact the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. c . An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, iflocated outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection . d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner ofrecord explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed . f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section ( e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a first-class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. 1. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction. (n) The City recognizes there may be Special Projects involving rental units . To provide a more efficient system towards RSVP certification regarding Special Projects involving rental units, and so that orderly inspection schedules can be made by City officials, the Department may coordinate a process for the improvement efforts and timeline with the Owner, memorialized in writing including by email , for the completion of the inspection and repairs of the rental units and the Special Project. (o) Private Inspections completed as specified under Indiana Code§ 36-1-20-4.1 (c) must meet all the requirements for an exemption to be approved by the Department. ( l) An owner of a rental unit qualifying for an exemption described in Indiana Code § 36-1-20-4. l ( c) must apply to the Department for that exemption . The exemption request may be denied if all qualifications of Indiana Code § 36-1-20-4.1 (c) are not met. (2) The owner applying to the Department for approval of the exemption must submit a written inspection report that verifies the rental unit is safe and habitable , along with all other necessary proof of the exemption, to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. (3) Pursuant to Indiana Code§ 36-1-20-4.l(d), the Department may inspect a rental unit that meets the requirements for an exemption, or has been approved for an exemption , if the Department has reason to believe or receives a complaint that the rental unit does not comply with RSVP Inspection Standards . (p) Inspection Report will be made available for the tenant who occupies the rental unit at the time of the inspection. Unless other arrangements are made with the Department, the Inspection Report may be sent to the tenant who occupies the rental unit upon request as approved by the Department. (q) Stop Work Order. To further the purposes of Secs. 6-79 and 6-81 , and in conjunction with Chapter 16 , Article 8 of the South Bend Municipal Code, the Department may issue stop work orders . (1) Authority. Whenever an y work regulated by this Article is being performed .in a manner contrary to the provisions of this Article or in a dangerous or unsafe manner, the Department is authorized to issue a stop work order. (2) Issuance . A stop work order shall be in writing and shall be given to the owner or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume . (3) Emergencies . Where an emergency exists that poses an immediate threat to life , health , or safety of persons or property, the Department shall not be required to give a written notice prior to stopping the work. (4) Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition , shall be liable to a penalty of not less than $500 .00 dollars or more than $2 ,500.00 dollars per day. (r) The owner is required to provide the Department with current contact information . (1) At the time the owner informs the Department of the arrangements made to complete the Inspection , the owner shall provide, or confirm with , the Department their name, telephone number, email address, and mailing address, as well as the name, telephone number, email address, and mailing address of the unit's property manager, if any. (2) Should the ownership or contact information related to a unit change, it is the respon s ibility of the owner to update official property records with St. Jo seph County and to notify the Department. Sec. 6-83. Approved certification for rental. (a) The Inspection Certificate will be issued after the rental unit passes Inspection and all fees and penalties due under this Article are paid. (b) An Inspection Certificate will not be issued for a rental unit, and may be revoked, if: (1) a unit does not meet RSVP Inspection Standards, or (2) there are any fees or penalties due under this Article. (c) Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law , including the Indiana Unsafe Building Law. (d) The Department encourages that the Inspection Certificate be placed in a conspicuous location, such as in the fa9ade of the building facing a public street and containing a building entry , or in a conspicuous interior location. Sec. 6-84. Revocation of Inspection Certificate. (a) Revocation of Inspection Certificate means the Department canceling an issued Inspection Certificate whenever it discovers that such certificate was issued in error or based on incorrect information or discovers other causes demonstrating a lack of compliance with the provisions of this Article. (b) The Department may revoke an Inspection Certificate, by sending notice to the owner of record via first-class , or certified mail and publication if mail service is returned undeliverable, for causes such as: (1) The rental unit has deteriorated , does not meet RSVP Inspection Standards, and the owner is unresponsive or refuses to make repairs . (2) The rental unit has deteriorated significantly to the point of becoming condemned. (3) The Department has reason to believe , or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards since the Inspection Certificate was issued and the owner is unresponsive or fails to have a new Inspection performed. (4) The owner supplied false information knowingly with intent to deceive or falsify a private inspection. (5) Since the Inspection Certificate was issued , the owner or tenant illegally converted space in the rental unit to increase the occupancy. (6) Since the last Inspection , the owner failed to correct violations within the time allowed. (7) The rental unit has been designated as a chronic problem property pursuant to the South Bend Municipal Code. Sec. 6-85. Transfer of Inspection Certificate. (a) An Inspection Certificate may be transferred to a new owner, except as prohibited in this section , by the owner filing with the Department the required owner information and agent information , if applicable. In addition, the new owner must file documentation with St. Joseph County to ensure that official property records are accurate and up to date . This includes transfers of ownership between corporations or other legal entities even where there is identical ownership interest in the acquiring legal entity as in the previous legal entity. (b) The new owner shall have thirty (30) days from the date the rental unit was transferred to the new owner to file with the Department the required owner information and agent information , if applicable , and failure to do so may result in a penalty of $250.00 . Sec.6-86. Penalties and fees. (a) There is no fee for the initial inspection and the first reinspection. (b) There may be a $100.00 fee for the second reinspection per rental unit and the fee of $200.00 for each reinspection per rental unit thereafter. (c) There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. (d) The owner of record will be notified by first-class mail before a penalty may be issued in accordance with Indiana Code 36-1-20-6 . Penalties may be imposed as follows: ( 1) A $250.00 penalty per week for a rental unit that has not been inspected or certified. (2) A $300.00 penalty per week for a rental unit that has an expired certification , whether posted or not. (3) A $250.00 penalty for the removal of signage identifying the rental unit as not in compliance with the Rental Safety Verification Program (RSVP) may be imposed for each incident of removal. ( 4) A $500.00 penalty for the removal of a condemned notice from the rental unit may be imposed for each incident of removal. (5) A $500 .00 penalty the first week of occupancy in a condemned structure . After the first week , the penalty doubles each week thereafter until a maximum of $7 ,500 .00 per week. (6) A penalty of not less than $500.00 dollars or more than $2 ,500.00 dollars per day may be imposed for failure to comply with a stop work order. (7) A $250.00 penalty for failing to file with the Department the required owner information and agent information, if applicable , within thirty (30) days from the date the rental unit was transferred to the new owner. (e) The fees and penaltie s imposed under this section shall be enforced through the City 's Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend Municipal Code, with all due process or appeal rights as afforded thereunder, and do not prohibit or restrict the enforcement for violations under other applicable ordinances, state or federal laws. (f) Penalties and fees received from the Rental Safety Verification Program shall be deposited into the Rental Units Regulation Fund , Fund No. 221 , as that fund is further detailed in Chapter 2 , Article 14, Section 2-169 .5. (1) Acts of God or other conditions beyond the control of the property owner or caused by the tenant 's negligent, wrongful or malicious acts or omissions will not qualify for short-term relocation assistance. (g) Penalties under this section will be imposed pursuant to Indiana Code § 36-1-20-6(b ). (h) If the owner of record fai Is to pay penalties, fees , costs and expenses, the Department may pursue collections against the person and against the property as allowed by law , including in the same manner as prescribed under Indiana Code § 36-1-6-2, Indiana Code § 36-7-9- 13 and Indiana Code § 36-7-9-13 .5 except that amounts collected shall be deposited and used according to Rental Units Regulation Fund. Sec. 6-87. Monitoring progress. (a) The Department will review this Article at least biennially, providing adequate time for implementation of the process , to determine if processes are effective and assisting the program in meeting anticipated goals. Updates may be provided by written report or presentation to Common Council , through a committee or full Council , no more often than on an annual basis. Sec. 6-88. Severability clause. (a) The provisions of this ordinance are severable, and the invalidity of any phrase , clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance . Secs. 6-89-6-93. Reserved. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any legal publication required by law. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council Presented by me , the undersigned Clerk of the City of South Bend , to the Mayor of the City of South Bend , Indiana on the ___ day of _______ ~ 2023 , at __ _ o 'clock . m. Dawn M. Jones , City Clerk Office of the City Clerk Approved and signed by me on the __ day of ____ ~ 2023 , at _ o 'clock_m James Mueller, Mayor City of South Bend , Indiana Filed in Clerk's Office I .APf! t•f ~~23 I l __ ___,=- oAwN M. JONES CllY CLERK, SOUTH BENO, IN Sh aron L. McBride President Sheila iezgodski Vice-President Canneth Lee Chairperson, C.Ommittee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila iezgodski Sixth District Karen L. White At Large Rachel Tomas Morg an At Large Lori K. Hamann At Large City of South Bend (574)235-9321Fax (574) 235-9173 Common Council TDD (574) 235-5567 ---�-•-h_l!E_:/ I www.southbendin.gov441 C.Ounty-Gty Building • 227 W. Jefferson Bl Filed in Clerk's Office South Bend, Indi an a 46601 April 4, 2023 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 APR O � 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENT AL SAFETY VERIFICATION PROGRAM Dear Council Members: On February 25, 2019, the rental safety verification program (RSVP) was established to ensure safe, decent, quality residential rental units by requiring minimum property standards, and to ensure the health, safety, and welfare of tenants. On October 15, 2019, RSVP was amended to revise Sec. 6-86(f) for an update to the City of South Bend accounting fund where RSVP penalties and fees are deposited. At this time, it is necessary to clarify and to improve the efficiency of the program by rescinding and replacing Chapter 6, Article 14 of the South Bend Municipal Code. Among the specific changes to the existing ordinance are the following: 1.textual language clarification for better understanding and ease of use; 2.clearer definition of the process to ensure that it matches actual implementation including compliance with state law; 3.references to and clarification of building and other standards to be used for inspections; 4.adding to and improving the definitions; and 5.revision of the City's organizational structure of RSVP within the reorganized Department of Community of Investment. It is in the best interest of the City and its residents that this ordinance be adopted. BILL NO. 20-23 T" Cityof South Bend 574)235-9321 1 .Fax(574)235-9173 fv PEACE a= TDD 235-5567CommonCouncilhttp://www.southbendin.gov 441 County-City Building • 227 W.Jefferson Blvd I! South Bend,Indiana 46601 1865 a'' I request that this proposed amendment be included on the full Council agenda for first reading and assignment to the Health and Public Safety Standing Committee on April 10, 2023 to be followed by second and third readings and public hearing on April 24, 2023. Thank you for your consideration. Sincerely yours, 114.,‘zitima; Sheila Niezgodski, Vice-President South Bend Common Council Filed in Clerk's Office APR 0 5 2023 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office BILL NO. 20-23 APR 0 5 2023 DAWN M.JONES ORDINANCE NO.CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM STATEMENT OF PURPOSE AND INTENT On February 25, 2019, the rental safety verification program (RSVP) was established by this Council's adoption of Ordinance No. 10644-19 to ensure safe, decent, quality residential rental units by requiring minimum property standards, and to ensure the health, safety, and welfare of tenants. On October 15, 2019, RSVP was amended by Ordinance No. 10686-19 to revise Sec.6-86(f)for an update to the City of South Bend accounting fund where RSVP penalties and fees are deposited. At this time, it is necessary to clarify and to improve efficiency of the program by rescinding and replacing Chapter 6, Article 14 of the South Bend Municipal Code. Among the specific changes to the existing ordinance are the following: 1. textual language clarification for better understanding and ease of use; 2. clearer definition of the process to ensure that it matches actual implementation including compliance with state law; 3.references to and clarification of building and other standards to be used for inspections; 4. adding to and improving the definitions; and 5. revision of the City's organizational structure of RSVP within the reorganized Department of Community of Investment. It is in the best interest of the City and its residents that this ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I.Chapter 6 of the South Bend Municipal Code shall be and hereby is amended by rescinding the existent version of Article 14 of that Chapter and replacing it with a new Article 14 that shall read in its entirety as follows: ARTICLE 14. Rental Safety Verification Program Sec. 6-79. General Concept and Purpose of Rental Inspections. a) The Rental Safety Verification Program(RSVP)is designed to ensure that City of South Bend rental units meet minimum property standards based on the International Property Maintenance Code and Indiana State Code IC 22-11-18, as defined by the RSVP Inspection Standards established by the Department and as amended from time to time, which are incorporated into this Article 14 by reference and without formal citation. This program authorizes the inspection of rental units that are intended to be occupied or are occupied by anyone other than the owner. A copy of the RSVP Inspection Standards will be available for inspection in the Department's Neighborhoods Office. After the rental unit has passed Inspection and is compliant with the provisions ofthis Article an Inspection Certificate shall be issued by the Department. b) The purpose of the Inspection, Inspection Report, and Inspection Certificate issued to the owner is to verify that the rental unit is safe and habitable for occupancy with respect to: electrical supply and electrical systems; plumbing and plumbing supply; water supply, including hot water; heating, ventilation, and air conditioning equipment and systems; bathroom and toilet facilities; doors, windows, stairways, and hallways; functioning smoke detectors; and the structure in which a rental unit is located. c) This Article shall be liberally construed and applied to promote its purpose and intent. Sec. 6-80. Defmitions. a) Authorized individual means someone authorized or designated by the owner to provide access to a rental unit. b) Certification Period means the period between the issuance and expiration of an Inspection Certificate as may be determined under the provisions of this Article. c) City means the City of South Bend, Indiana. d) Condemn or condemned means to adjudge unfit for occupancy or use. e) Contract of Sale means land contract sales or purchases. f) Department means the City of South Bend Department of Community Investment or its designee. g) Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. h) Egress means a place or means of going out or exiting. i) Habitable space means the space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, attics and basements and similar areas are not considered habitable spaces. Finished basements are not considered habitable spaces unless proper egress requirements are met. j) Housing Cooperatives or housing co-ops means a type of residential housing whereby a corporation owns the housing structure with individual units for living and to occupy a unit a person must buy shares or a membership of the corporation. k) Immediate family member means an individual that is related to a person as follows, parent; sibling; child by blood, adoption, or marriage; spouse; grandparent or grandchild. 1) Indiana Unsafe Building Law means Indiana Code,Title 36, Article 7, Chapter 9, as it may be amended from time to time. m) Inspection means an Inspector conducting a visual examination of a rental unit, including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standards. n) Inspection Certificate means an official document issued by the Department, after all fees and penalties due, if any, under this Article are paid, that acknowledges the rental unit has passed the Inspection and is compliant with the provisions of this Article. o) Inspection Report means a written record that an Inspector prepares after conducting a visual examination of a rental unit, including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standard. p) Inspector means an employee of the Department who is charged with the administration and enforcement of this Article. q) International Property Maintenance Code(IPMC)means a model code, as amended from time to time, that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards, such as for basic equipment, light, ventilation, plumbing, mechanical, heating, sanitation, and fire safety. r) Occupancy means the purpose for which a building or portion thereof is utilized or occupied. s) Operator means any person who has charge, care or control of a structure or rental unit which is let or offered for occupancy. t) Owner means any person, and the person's property manager, operator, designated representative or authorized agent, having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control over decisions on the use and condition of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person. u) Owner of Record means any person who holds any fee interest, life estate interest, equitable interest in a contract of sale or other legal interest and whose identity, including address, can be determined from an instrument recorded in the recorder's office of the county where the rental unit is located; or, written information or actual knowledge received by the Department; or a review of Department records that is sufficient to identify information that is reasonably ascertainable. v) Person means an individual, corporation,partnership or association,or any other group acting as a unit, and includes a government, governmental subdivision or agency, business trust, estate, trust, two or more people having a joint or common interest, and any other legal or commercial entity. w)Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon. x) Private Inspector means, for purposes of Indiana Code 36-1-20-4.1(c)(2)(B)(iii), an inspector of rental units who satisfies the following qualifications prescribed by the City:must be a State of Indiana Licensed Home Inspector. y) Private Inspection means an inspection conducted for the purpose of meeting the exemption requirements under Indiana Code 36-1-20-4.1(c). z) Property Manager means a person who manages land or buildings as a business including keeping buildings in good condition and renting property. aa) Re-Inspection means after the initial inspection a follow up inspection or assessment of a rental unit to confirm the unit meets RSVP Inspection Standards. bb)Rental Safety Verification Program Warrant (RSVP Warrant) means a court authorization to enter a rental unit to conduct an inspection and complete an Inspection Report if the owner, tenant or others in possession of a rental unit decline consent to an Inspection. cc) Rental unit as used in this Article,means one(1)or more dwelling units in a structure intended to be occupied or is occupied as a home, residence or habitable space by anyone other than the owner and may include a tenancy agreement or lease. dd)Rental unit community means one(1) or more parcels of contiguous real property upon which are located in one (1) or more structures containing rental units, if the combined total of all rental units in all of the structures is five (5) or more rental units and the rental units are not occupied solely by the owner or owner's family. ee) RSVP Inspection Standards means the minimum property standards a rental unit must comply with based on the International Property Maintenance Code, as modified for smoke detectors, defective paint surfaces, and buildings with two (2) or more dwelling units pursuant to Sec. 6- 81(b) of this Article and established by the Department as amended from time to time. ff)Special Project(s)means a dedicated and active plan to improve the physical condition of rental units independent of RSVP but engages a unique partnership between the owner and the City due to the shared goals or interests for the welfare and benefit of the community, such as redevelopment, funding sources and adequate housing or rental stock, and the complexity and extent of the improvement plan. gg)Short term rental means the rental of a single-family home, a dwelling unit in a single-family home, a dwelling unit in a two-family or multifamily dwelling, or a dwelling unit in a condominium, cooperative, or time share for terms of less than thirty (30) days at a time through a short-term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single-family residential use. The term does not include property that is used for any nonresidential use. hh)Structure means that which is built or constructed or a portion thereof. ii) Tenancy Agreement means all agreements, written, oral or implied, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit. jj) Tenant means someone who lives in a place owned by someone else, usually paying rent. Sec. 6-81. Compliance required. a) No person shall maintain, or allow occupancy of, a rental unit in the City that fails to meet the RSVP Inspection Standards enforced by this Article. Failure to comply with the RSVP Inspection Standards is a violation of this Article. Any structure converted into a rental unit is encouraged to have an Inspection completed and receive an Inspection Certificate before occupancy. b) This program is designed to ensure rental units in the City meet the minimum property standards as defined by the RSVP Inspection Standards established by the Department as amended from time to time, based on the International Property Maintenance Code, with the following modifications: 1) Indiana Code § 22-11-18 minimum standards will apply to smoke detectors which conform to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. 2) If based on the RSVP Inspection Standards, defective paint surfaces are identified in a rental unit built before 1978, owners must complete the repairs to such surfaces using lead safe practices in accordance with all applicable federal and state laws and related agency rules and regulations and submit to the Department lawful proof of compliance before being issued an Inspection Certificate. Examples of lead safe practices can be found in Indiana Administrative Code 410 IAC 32 and U.S. Code of Federal Regulations 40 CFR 745. 3) For purposes of enforcement of this Article, RSVP Inspection Standards for buildings with more than two (2) dwelling units will be established following International Residential Code standards. c) The provisions in this Article shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe stricter standards and/or additional requirements than are provided herein. d) This Article applies to rental units located within the City,but shall not apply to the following occupancy arrangements unless such arrangements are created to avoid the application of this Article: 1) Occupancy by the purchaser of a structure with one(1)or more dwelling units under a recorded contract of sale. 2) Short term rental. 3) Owners who occupy the premises and rent to no more than two unrelated tenants. 4) Housing cooperatives, also known as housing co-ops. 5) Occupancy by immediate family member(s) of the owner. e) A rental unit may be exempt from this Article as follows: 1) Rental units built as new construction, for ten (10) years after the rental unit construction is completed. The owner of such rental unit must submit to the Department the required information to prove the new construction date of the rental unit; and 2) Rental units inspected by a State of Indiana licensed home inspector pursuant to a completed real estate sales transaction, for three (3) years from the date of the inspection. The purchaser of the rental unit must submit to the Department the required information to prove the validity of the inspection meeting the minimum standards of this Article. 3) If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed. f) An owner that believes RSVP does not apply to their rental unit must submit documentation that the rental unit meets Sec. 6-81(e) or Sec. 6-81(f) of this Article to the Department for review and determination. Necessary documentation must be submitted to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. g) This Article applies to governmental or public agencies acting as landlords. If the federal or state subsidized, or owned rental units are regularly inspected by a government entity and verification of housing conditions meeting the standards of this Article are delivered to the Department as requested, then such rental units may qualify for an exemption as provided in sub-section 6-82(n). h) An owner shall not allow a rental unit to be occupied that has been issued a vacate and seal order by the Department or is condemned by any agency that has the authority to condemn. i) This Article applies to rental units that have been issued an exemption or an Inspection Certificate. If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed. Sec. 6-82. Inspection of rental units. a) Unless sub-section 6-82 (n)below is applicable, rental units covered by Secs. 6-79 and 6- 81 within the City may be inspected by the Department. b) The Certification Period will be one, two or five years. Thereafter, the Certification Periods are subject to adjustment as established and published by the Department pursuant to Sec. 6-87. c) The Certification and Certification Period process is as follows: Inspection Certification Path Initial Inspection—Passes Rental unit meets RSVP Inspection Standards at the time of the initial inspection. Single-family property or duplex will be issued a five-year inspection certificate. Multi-family property will be issued a five-year inspection certificate. First Reinspection If a unit fails its initial inspection, reinspection(s) must be conducted,and RSVP compliance achieved,no later than sixty(60) days from the initial inspection. Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) must be addressed in no more than 30 days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. No fees are imposed for the first reinspection. Single-family property or duplex in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate. Multi-family property in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate. Additional Reinspection(s) Reinspection(s) must be conducted, and RSVP compliance achieved, no more than sixty(60) days from the initial inspection. Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) will be given a deadline of no more than 30 days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. Failure to address violations within the specified timeframe may result in penalties and fees Units that require inspection(s)beyond the initial inspection and first reinspection are subject to an inspection fee. See Penalties and Fees section in this Article. Single-family property or duplex upon passage based on a reinspection that occurred after the initial and first reinspection will result in a one-year inspection certificate. Multi-family property upon passage based on a reinspection that occurred after the initial and first reinspection will result in a two-year inspection certificate. Failure to comply If the owner fails to schedule an RSVP inspection, no reinspection is performed, or a unit fails to meet RSVP standards and requirements within the specified timeframe,then the unit is not in compliance. Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law, including the Indiana Unsafe Building Law. Compliance Deadline Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) will be given a deadline of no more than 30 days from the inspection date when they were identified or within sixty(60)days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. The violations identified during prior inspection(s) will not receive a repair deadline extension. An extension to a repair deadline can be considered on a case- by-case basis with proper documentation as determined by the Department. d) If a rental unit community has five (5) or fewer rental units, the Department will inspect every rental unit. Rental unit communities with six (6) or more rental units will have at least 20%of the rental units randomly sampled by the Department to inspect and then use those findings to extrapolate the overall quality and condition of the rental units therein. 1) If the findings extrapolated indicate the overall substandard conditions of the rental units or such violations that could affect other rental units, the Department may complete Inspections of additional rental units,up to and including all rental units, as deemed necessary. e) In addition to repairs listed in the Inspection Report, to receive the Inspection Certificate, the owner shall repair pre-existing substandard housing violations that are active with the Department to meet minimum standards under this Article. f) A deadline extension may be granted if a rental unit has all repairs completed excepting either exterior items that cannot be competed due to the weather conditions or repairs that cannot be completed due to unforeseen conditions, as approved by the Department. Documentation indicating timely completion will occur must be provided to the Department for review and determination.A reinspection is needed to confirm compliance prior to the issuance of an Inspection Certificate. g) The Department reserves the right to conduct a reinspection of any rental unit and may adjust the certification period based upon the results of the reinspection. h) The Department may consider documentation submitted by the owner as sufficient proof of compliance on minor violations at the discretion of the Department. The Department will keep a record of any documentation submitted. i) Should the rental unit fail to achieve an Inspection Certificate,the Department may impose penalties,and the rental unit and the owner of record may be subject to further enforcement as allowed by law,including the Indiana Unsafe Building Law,but with all due process or appeal rights as afforded thereunder. The Department may identify the rental unit as Rental unit is not in compliance with the Rental Safety Verification Program(RSVP)and does not have an inspection certificate." j) An Inspection Report and Inspection Certificate shall be issued to the owner for each rental unit upon which an inspection is performed within ten (10) business days from the date the Inspection is completed and from the date the Inspection Certificate is issued, unless notified by the Department that additional time is needed. k) An Inspection may be conducted based upon owner voluntary compliance, a complaint, the Department's reasonable belief that the unit is out of compliance with, or in violation of, RSVP Inspection Standards, or the Department ensuring compliance with this Article based on strategic criteria. 1) If the Department has reason to believe that the rental unit no longer complies with the RSVP Inspection Standards or determines that the condition of the rental unit has deteriorated since the issuance of an Inspection Certificate, then a new Inspection of the entire rental unit may be performed. 1) Upon completion, a new Inspection Report and, if appropriate, Inspection Certificate, as approved by the Department, shall be issued to the owner. m) The following procedures shall be used to obtain entry to rental units for completing an Inspection: 1) When the Department has reason to believe that the rental unit does not comply with RSVP Inspection Standards, including observing a violation or receiving a complaint, it may initiate the inspection process. a. Whenever an Inspection is required,the Department will send a first-class letter to the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection process. c. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner of record explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section (e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a Pt class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. i. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction. 2) If the tenant contacts the Department to request an RSVP Inspection, the Department may initiate the inspection process. a. The tenant(s) may schedule a date and time to complete the Inspection. The Department is not required to provide notification of the Inspection to the owner. b. Should the tenant(s) take action(s) that prevent the Inspection from occurring during the scheduled date and time,the tenant(s) is responsible for rescheduling the Inspection. c. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(1) of this Article. 3) If the owner contacts the Department to request an RSVP Inspection, the Department may initiate the inspection process. a. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. b. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. c. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. d. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(1) of this Article. 4) Should the Department proceed with ensuring compliance with this Article based on strategic criteria, such as geography or rental unit communities,the Department may initiate the inspection process. a. Whenever an Inspection is required, the Department will contact the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. c. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner of record explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section (e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a first-class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. i. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction. n) The City recognizes there may be Special Projects involving rental units. To provide a more efficient system towards RSVP certification regarding Special Projects involving rental units, and so that orderly inspection schedules can be made by City officials, the Department may coordinate a process for the improvement efforts and timeline with the Owner, memorialized in writing including by email, for the completion of the inspection and repairs of the rental units and the Special Project. o) Private Inspections completed as specified under Indiana Code§ 36-1-20-4.1(c)must meet all the requirements for an exemption to be approved by the Department. 1) An owner of a rental unit qualifying for an exemption described in Indiana Code § 36-1-20-4.1(c) must apply to the Department for that exemption. The exemption request may be denied if all qualifications of Indiana Code § 36-1-20-4.1(c) are not met. 2) The owner applying to the Department for approval of the exemption must submit a written inspection report that verifies the rental unit is safe and habitable, along with all other necessary proof of the exemption,to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. 3) Pursuant to Indiana Code § 36-1-20-4.1(d), the Department may inspect a rental unit that meets the requirements for an exemption, or has been approved for an exemption,if the Department has reason to believe or receives a complaint that the rental unit does not comply with RSVP Inspection Standards. p) Inspection Report will be made available for the tenant who occupies the rental unit at the time of the inspection. Unless other arrangements are made with the Department, the Inspection Report may be sent to the tenant who occupies the rental unit upon request as approved by the Department. q) Stop Work Order. To further the purposes of Secs. 6-79 and 6-81, and in conjunction with Chapter 16, Article 8 of the South Bend Municipal Code, the Department may issue stop work orders. 1) Authority. Whenever any work regulated by this Article is being performed in a manner contrary to the provisions of this Article or in a dangerous or unsafe manner,the Department is authorized to issue a stop work order. 2) Issuance. A stop work order shall be in writing and shall be given to the owner or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 3) Emergencies. Where an emergency exists that poses an immediate threat to life, health, or safety of persons or property, the Department shall not be required to give a written notice prior to stopping the work. 4) Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day. r) The owner is required to provide the Department with current contact information. 1) At the time the owner informs the Department of the arrangements made to complete the Inspection, the owner shall provide, or confirm with,the Department their name, telephone number, email address, and mailing address, as well as the name, telephone number, email address, and mailing address of the unit's property manager, if any. 2) Should the ownership or contact information related to a unit change, it is the responsibility of the owner to update official property records with St. Joseph County and to notify the Department. Sec. 6-83. Approved certification for rental. a) The Inspection Certificate will be issued after the rental unit passes Inspection and all fees and penalties due under this Article are paid. b) An Inspection Certificate will not be issued for a rental unit, and may be revoked, if: 1) a unit does not meet RSVP Inspection Standards, or 2) there are any fees or penalties due under this Article. c) Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law, including the Indiana Unsafe Building Law. d) The Department encourages that the Inspection Certificate be placed in a conspicuous location, such as in the façade of the building facing a public street and containing a building entry, or in a conspicuous interior location. Sec. 6-84. Revocation of Inspection Certificate. a) Revocation of Inspection Certificate means the Department canceling an issued Inspection Certificate whenever it discovers that such certificate was issued in error or based on incorrect information or discovers other causes demonstrating a lack of compliance with the provisions of this Article. b) The Department may revoke an Inspection Certificate, by sending notice to the owner of record via first-class, or certified mail and publication if mail service is returned undeliverable, for causes such as: 1) The rental unit has deteriorated, does not meet RSVP Inspection Standards, and the owner is unresponsive or refuses to make repairs. 2) The rental unit has deteriorated significantly to the point of becoming condemned. 3) The Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards since the Inspection Certificate was issued and the owner is unresponsive or fails to have a new Inspection performed. 4) The owner supplied false information knowingly with intent to deceive or falsify a private inspection. 5) Since the Inspection Certificate was issued,the owner or tenant illegally converted space in the rental unit to increase the occupancy. 6) Since the last Inspection, the owner failed to correct violations within the time allowed. 7) The rental unit has been designated as a chronic problem property pursuant to the South Bend Municipal Code. Sec. 6-85. Transfer of Inspection Certificate. a) There is no fee for the initial inspection and the first reinspection. b) There may be a $100.00 fee for the second reinspection per rental unit and the fee of 200.00 for each reinspection per rental unit thereafter. c) There may be a$100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. d) The owner of record will be notified by first-class mail before a penalty may be issued in accordance with Indiana Code 36-1-20-6. Penalties may be imposed as follows: 1) A$250.00 penalty per week for a rental unit that has not been inspected or certified. 2) A $300.00 penalty per week for a rental unit that has an expired certification, whether posted or not. 3) A $250.00 penalty for the removal of signage identifying the rental unit as not in compliance with the Rental Safety Verification Program (RSVP)may be imposed for each incident of removal. 4) A$500.00 penalty for the removal of a condemned notice from the rental unit may be imposed for each incident of removal. 5) A$500.00 penalty the first week of occupancy in a condemned structure. After the first week,the penalty doubles each week thereafter until a maximum of$7,500.00 per week. 6) A penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day may be imposed for failure to comply with a stop work order. e) The fees and penalties imposed under this section shall be enforced through the City's Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend Municipal Code, with all due process or appeal rights as afforded thereunder, and do not prohibit or restrict the enforcement for violations under other applicable ordinances, state or federal laws. 0 Penalties and fees received from the Rental Safety Verification Program shall be deposited into the Rental Units Regulation Fund, Fund No. 221, as that fund is further detailed in Chapter 2, Article 14, Section 2-169.5. 1) Acts of God or other conditions beyond the control of the property owner or caused by the tenant's negligent, wrongful or malicious acts or omissions will not qualify for short-term relocation assistance. g) Penalties under this section will be imposed pursuant to Indiana Code § 36-1-20-6(b). h) If the owner of record fails to pay penalties, fees, costs and expenses,the Department may pursue collections against the person and against the property as allowed by law,including in the same manner as prescribed under Indiana Code § 36-1-6-2, Indiana Code § 36-7-9- 13 and Indiana Code § 36-7-9-13.5 except that amounts collected shall be deposited and used according to Rental Units Regulation Fund. Sec. 6-87. Monitoring progress. a) The Department will review this Article at least biennially, providing adequate time for implementation of the process, to determine if processes are effective and assisting the program in meeting anticipated goals. Updates may be provided by written report or presentation to Common Council, through a committee or full Council, no more often than on an annual basis. Sec. 6-88. Severability clause. a) The provisions of this ordinance are severable, and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. Secs. 6-89-6-93. Reserved. SECTION II.This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any legal publication required by law. Sharon McBride, Council President South Bend Common Council Attest: 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 day of 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Sled in Clerk's Office APR 0 5 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN April 22 , 2023 Dear Council Members, I'm writing with organizational support for Bill No . 20-23 RSVP from both the Near No rthwest Neighborhood, Inc. and also the Lead Affinity Group . RSVP was created in 2019 to better address poor conditions of rental properties in the City of South Bend . The program is well -needed, and we have been communicating w ith the author of the Bill (Councilwoman Neizgodski) to talk through the positive impact this can have on our neighborhoods, and as protections for tenants, while creating a standard system of inspection requirements and property standards that is fair for landlords . We would like you to give this Bill full support . Kathy Schuth Executive Director Near Northwest Neighborhood , Inc. 1007 Portage Ave. South Bend , IN 46616 (574) 232-9182 nn nd i rector@nea rno rthwest .org www.nearnorthwest.org 1 A~R 24 2023 DAWN M . .JONES err< CLERK . SO Ui H BENO, IN Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Herny Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At L arge Rachel Tomas Morgan At Large Lori K. Hamann At L arge City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 April 1 , (574)235-9321Fax (574) 235-9173 IDD (574) 235-5567 http:/ /www.southbendin.gov 1�d in Clerk's Office APR 192023 DAWl'J M. JONES South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 CITY CLERK, SOUTH BEND, IN RE: A Special Resolution of the Common Council of the City of South Bend, Indiana, Publicly Acknowledging and Honoring John Adams' High School Senior Angel Thomas for her Success in the 2023 Girls State Indoor Track Meet. Dear Common Council Members: I believe that part of the Council's job includes recognizing the good things that happen in South Bend. This is especially true when it comes to the accomplishments of our public-school students, whether those accomplishments are academic, athletic, musical, or otherwise. For this reason, I am filing a Special Resolution acknowledging and honoring Adams' High School student and athlete Angel Thomas for her recent victory in the Girls State Indoor Track Meet in the 60-meter Dash. Please add this Special Resolution to the agenda for the Common Council meeting scheduled for April 24, 2023, under "Special Business". Because it is a special resolution, there is no need to be heard by a committee. Thank you for your consideration. Sincerely yours, Henry Davis, Jr., South Bend Common Council Second District BILL NO. 23-20 oUTH lie . • I CITY OF SOUTH BEND COMMUNITY INVESTM February 7, 2023 Honorable Committee Chair Lori K. Hamman South Bend Common Counc'il 4th Floor, County-City Building RE: Resurrection Lutheran Annexation Area, southeast corner of Olive Road & Nimtz Parkway Dear Committee Chair Hamman: Attached is an Ordinance for the proposed annexation at the above referenced location. Please include this Ordinance on the Council agenda for first reading at the February 13, 2023, Council meeting; for second reading at the March 27, 2023, Council meeting; and for third reading at the April 10, 2023, Council meeting. Per the provisions of Section 21-01.02(g) of the South Bend Municipal Code, the property would automatically be zoned to S 1 Suburban Neighborhood 1 District upon annexation without needing a public hearing before the South Bend Plan Commission. The petitioner provided the following to describe the proposed project: Annexation of A-Agricultural parcels from St. Joseph County into the City of South Bend as S 1 Suburban Neighborhood 1. If you have any questions, please feel free to contact me at (574) 235-5843. Thank you. Sincerely, Michael P. Divita, AICP Principal Planner · cc: Bob Palmer, Attorney, Common Council Staff, South Bend Plan Commission EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 227 W. Jefferson Bvld. I South Bend, Indiana 46601 p 574.235.9371, www.southbendin.gov BILL NO. 03-23 BILL NO. 03-23 ORDINANCE NO. 10916-23 Fi~ed in Clerk's Office FIH'O? 20?1 CITYCOLE~RWKN M. JONES iYmit'n:SOrJUrttpH.fj~~INLJANORDINANCEOFTHECOMMONCOUNCILOFTHECITY0 INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to annex two properties at the southeast comer of Nimtz Parkway and Olive Road (53000 block of Olive Road); the properties would be automatically zoned to SI Suburban Neighborhood 1 District in South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest comer of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines); thence South 40 feet, more or less, to the South Right-of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north- south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; th_ence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north- south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate ofthe above-described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 10689-19, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as S 1 Suburban Neighborhood 1 District, per the provisions of Section 21-0l.02(g) of the South Bend Municipal Code. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ _, 2023, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ _, 2023, at o'clock m. James Mueller, Mayor City of South Ben~Tl'Chmnr---------, Filed in Clerk's Office DAWN M. JONES CITY CLERK, SOUTH BEND, IN 2 - Department of Community Investment Memorandum Monday, January 23, 2023 TO: FROM: SUBJECT: Kara Boyles, Engineering Aladean DeRose, Legal Gerard Ellis, Fire Timothy Lancaster and Eric Crittendon, Police Pam Meyer, Neighborhood Services & Enforcement Ben Dougherty, Administration & Finance Angela Smith, Community Investment -Zoning Kelly J. Smith, Solid Waste Michael Divita, Principal Planner Request for Service Reports Resurrection Lutheran Annexation Area 100% Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Resurrection Lutheran Annexation Area has been received by the City and is to receive First Reading by the Common Council on Monday, February 13, 2023. The proposed Annexation Area consists of two parcels and adjacent right-of-way totaling about 1.2 acres and is located at the southeast corner of Nimtz Parkway and Olive Road. The area is currently vacant and is zoned agricultural in the County. With the annexation, the petitioner seeks zoning of S1 Suburban Neighborhood 1 District to expand the parking area for the adjacent Resurrection Lutheran Academy. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by February 6, 2023. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at (57 4) 235-5843 or mdivita@southbendin.gov. cc: Mayor James Mueller Kacey Gergely, Chief of Staff, Office of the Mayor Bob Palmer, Attorney for the Common Council Caleb Bauer, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Dawn M. Jones, City Clerk Staff, City Clerk Robert Kruszynski, County Surveyor 227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV Department of Law: 1) Public Works: 1) 2) 3) 4) 5) 6) 7) Police Department: 1) 2) 3) Fire Department: 1) 2) 3) Neighborhood 1) Services: 2) Zoning: 1) 2) 3) 4) Adm in/Finance: 1) Solid Waste: 1) 2) 3) County Surveyor: 1) SERVICE REPORT CH ECK LIST I legal concerns, if any {if none, no report is required) location, size, and capacity of water line{s) listing of properties connected to water line{s) location, size, and capacity of sewer line(s) listing of properties connected to sewer line(s) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) ' a listing of properties covered by waivers Police Beat to be assigned cost, timing, and source of funds of providing any improvements whether comparable response time can be mair:,tained primary and secondary fire stations to be assigned cost, timing, and source of funds of providing any improvements whether comparable respons~ time can be maintained Inspector Area to be assigned whether comparable response time can be maintained current zoning of property anticipated/required zoning compatibility of land uses relative to city zoning copies of recorded subdivision plats, if any no report necessary for this annexation) capacity to provide solid waste service cost to owner of service when service can begin verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Resurrection Lutheran Annexation Area German Township Prepared January 2023 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. 2: 3. Contiguity: At least 1/8 (12.5%) 100% Yes Yes Yes Yes Yes fWl 100% of owners signed petition 100% and a.· essential City services are/can be provided b. City is able to provide services c. territory is contiguous B. General Location: Address(es): Tax Key Number(s): Subdivision(s) of Record: Acres: Current Net Assessment: Current Population: Proposed Population: Current Land Use: Proposed Land Use: Current Zoning: Proposed Zoning: Council District: Scheduled Effective Date: Comments: On the southeast corner of Nimtz Parkway and Olive Road Vacant lots, 53000 block of Olive Road 004-1020-033402 004-1020-0335 None 1.2 2,000 0 0 Vacant land Parking/landscaping area for adjoining Resurrection Lutheran Academy A Agricultural District, St. Joseph County S1 Suburban Neighborhood 1 District, City of South Bend 1st Council District May 21, 2023 Proposed Annexation Area includes the full width of the Olive Road right-of-way Map Resurrection Lutheran Annexation Area NORTH I1111 Resurrecuon I.Ulheran AnnexatlOn Area Ill cay or South Bend I 0--==: SO=-eet-==:i500 R'epsed by City at South Bend Department of Comm111ity lnveS1ment Janusy 20, 2023 Legal Description Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest corner of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines);·thence South 40 feet, more or less, to the South Right- of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north-south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; thence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north-south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. Proposed Schedule for Resurrection Lutheran Annexation Area Fiscal Plan Service Request Sent Fiscal Plan Service Request Due File Date Council 1st Reading Fiscal Plan Done Council Advertisement Board of Public Works Agenda Session Board of Public Works Hearing Board of Public Safety Plan Commission Public Hearing Fiscal Plan Resolution to Clerk Council 2nd Reading Council 3rd Reading Ordinance Advertised Appeal Period Start Appeal Period End 1/23/23 2/6/23 2/8/23 2/13/23 2/27 /23 3/3/23 3/9/23 3/14/23 3/15/23 NA 3/22/23 3/27/23 4/10/23 4/21/23 4/21/23 5/21/23 k's Office I · r--·i .... ; -, JAN 2 3 l02J j TAwN"M::io'Nes 1 CITY CLERK, SOlJTH BEND, IN April 18, 2023 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 1301 and 1305 Elwood Ave -PC#0145-23 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 wne<ct1l�belifk9 iv Mc� I APR 182023 I DAWN M. JONES CITY CLERK, SOUTH BENO, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 24th, 2023, Council meeting, and set it for public hearing at your May 22nd, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the May 15th, 2023, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone the property from U1 Urban Neighborhood 1 to NC Neighborhood Center to allow for a mixed use commercial development. If you have any questions, please feel free to contact our office. Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 16-23 April 18, 2023 City of South Bend Common Council it's all about people 455 County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 RE: ALLEY VACATION -1023 QUIMBY STREET To the Council, Filed in Clerk's OfficeI l Apij 1 9 2023 DAWN M. JON�S CITY CLERK, SOUTH BENO, IN On behalf of the Owners of the above referenced property, Elliot Properties, LLC, we request the adjacent alley be vacated. The Owner owns 100% of adjacent properties. They wish to reconfigure the lot layout of these adjacent properties. Therefore, this requested alley vacation shall prove beneficial in new lot line distribution. If you have further questions regarding this alley vacation, please contact me at the above listed phone number. Sincerely, Terance D. Lang, PS tlang@gowightman.com 57 4-233-1841 gowightman.com BILL NO. 22-23 BILL NO. 22-23 ------- ORDINANCE NO. -------- Filed in Clerk's Office I APR 19 2023 I DAWN M. JONES CITV CLERK, SOUTH BEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRJBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON THE NORTH BY THE SOlITH RJGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY LYING NORTH OF QUIMBY STREET , BEING APPROXIMATELY 99 .99 LINEAL FEET . STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property . NOW, THEREFORE, BE IT ORDAINED BY THE CO:MMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SE CTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY LYING NORTH OF QUIMBY STREET, BEING APPROXIMATELY 99 .99 LINEAL FEET. hereby determines that it is desirable to vacate said property. SECTION II . The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City o f South Bend, Indiana, to construct and maintain any facilities, including , but not limited to , the following : electric , telephone , gas, water, sewer, surface water control structures and ditches , within the v acated right-of-way, unless such rights are released by the individual utilities . SECTION III. The following property may be injuriously or beneficially affected by such vacating : LOT 16, 1; 18 AND 19 OF LISTER 'S SUBDIVISION Section IV. The purpose of the vacation of the real property is to eliminate the north s outh a lley :and alley approach, install 6 " concrete curb and establish a tree lawn in accordance with the City standards and specifications. SECTION V . This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of--------~ 2023, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ ~ 2023, at .m. James Mueller, Mayor City of South Bend, Indiana - 2 - o'clock