HomeMy WebLinkAbout20-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code County-City Building =>,.. Phone 311 inside City limits
227 W Jefferson Blvd,Suite 1400 S iQUTH$� Email 311@southbendin.gov
South Bend,IN 46601 � Website Southbendin.gov
James Mueller,Mayor
\
W �
,,PEACE
Filed in Clerk's Office
/665 _. MAR 2 fl 2024
City of South Bend Bianca Tirado
City Clerk,South Bend, IN
Department of Community Investment
March 20,2024
Mrs. Sharon McBride
President, South Bend Common Council
4th Floor County City Building
South Bend IN 46601
Re: An Ordinance of the Common Council of the City of South Bend, Indiana, amending
Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code,
Dear President McBride:
Attached for filing with the South bend Common Council is a ordinance amending Chapter 18,
Article 5,of the South Bend Municipal Code provides the procedures for a property owner
within the City to vacate all or part of a City street, alley, or other public place or way. Recently,
challenges have been identified in the administration of this process by the Common Council,the
Clerk's Office,and City employees. The proposed amendment will provide for:
• increased opportunities for education by City staff members with property owners
seeking a property vacation in order to ensure that proceeding with a vacation is an
appropriate solution.
• will incorporate Engineering review of utilities in the area of the vacation request and
preparation of a radius map, legal description, and list of addresses within the notice
range of the vacation request.
• the Board of Public Works to establish clear evaluation criteria to guide review of
property vacation requests.
• notice to City departments during the review process and improve notice requirements to
property owners within the block affected by the vacation request.
• clear timelines within which property owners must proceed to filing an ordinance for a
property vacation following review by the Board of Public Works, as well as ensuring
". City of South Bend Community Investment
post-filing review by City staff to check for any changes after Board of Public Works
review.
Thank you for your consideration of this ordinance. Know that plans to make the
presentation to the Common Council at its committee and regular meetings.
Thank you for your consideration.
Sincerely,
Tim Corcoran
Chief Planner
Enc
Filed in Clerk's OfficF=
MAR 2 n 2024
BILL NO.20-24 Bianca Tirada
City Clerk, South Bend,
ORDINANCE NO. IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 18,ARTICLE 5,TO UPDATE THE PROCEDURES
FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES
STATEMENT OF PURPOSE AND INTENT
Chapter 18, Article 5, of the South Bend Municipal Code provides the procedures for a
property owner within the City to vacate all or part of a City street, alley, or other public place or
way. Recently, challenges have been identified in the administration of this process by Common
Council, the Clerk's Office, and City employees.
The proposed amendment will provide for increased opportunities for education by City
staff members with property owners seeking a property vacation in order to ensure that proceeding
with a vacation is an appropriate solution.
The proposed amendment will incorporate Engineering review of utilities in the area of the
vacation request and preparation of a radius map,legal description, and list of addresses within the
notice range of the vacation request.
The proposed amendment will provide for the Board of Public Works to establish clear
evaluation criteria to guide review of property vacation requests.
The proposed amendment will provide for notice to City departments during the review
process and improve notice requirements to property owners within the block affected by the
vacation request.
The proposed amendment will also provide for clear timelines within which property
owners must proceed to filing an ordinance for a property vacation following review by the Board
of Public Works,as well as ensuring post-filing review by City staff to check for any changes after
Board of Public Works review.
This ordinance amendment is necessary for the effective, efficient administration of the
City's property vacation process. This ordinance is in the best interest of the City and its residents.
NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 18, Article 5, shall be amended as follows:
Sec. 18-53.X—Request for vacation; criteria,pre-application and staff recommendation; Board of
Public Works recommendation
1
(a) Any person interested in vacating all or part of a city street or alley or any other public
place or way within the City shall initiate the process through the Engineering Department
with a pre-application. The pre-application shall be evaluated based on criteria approved
by the Board of Public Works. The Engineering Department and Department of
Community Investment shall review the applicant request and provide a staff
recommendation.
(b) Any request receiving a favorable staff recommendation will be forwarded to the
Engineering Department and processed for an upcoming Board of Public Works agenda
for the Board's review and recommendation, upon payment of a review fee of Three
Hundred Dollars($300.00). The Engineering Department shall also generate a radius map
highlighting the area proposed for vacation, a legal description of that same area as well as
a list of addresses within 150 feet of the property, including all properties within the block
containing the vacation petition, and send the request to all applicable City Departments
for review.
(c) The Engineering Department will send requests with an unfavorable staff recommendation
to the applicant including suggestions for improvement. Any person wishing to continue
a vacation request with the Board of Public Works without a favorable staff
recommendation, should contact the Engineering Department.
(d) The Board of Public Works reviews the request and provides a recommendation, including
any improvements or contingencies. For favorable recommendations, the Board will
include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward
a copy of all Board recommendations to the Clerk's Office within fourteen (14) days of
Board action.
Sec. 18-53.8. - Petition for vacation; fees; ordinance to approve.
(a) Within 90 days of review by the Board of Public Works,any person interested in
vacating all or part of a City street or alley or any other public place or way within the
city shall file a petition for vacation and a proposed ordinance approving said petition
with the office of the City Clerk. The Engineering Department shall review the petition
for any changes since the petition was reviewed by the Board of Public Works. Petition
requests received greater than 90 days since Board of Public Works review must return to
the Engineering Department for further action.
(b) The petition for vacation and the proposed ordinance shall be accompanied by the
following when filed:
(1) The nonrefundable sum of one hundred fifty dollars ($150.00) cash or check to cover
costs of legal advertising,a4 recording, and related expenses. This amount shall be
paid to the Ordinance Violations Bureau Clerk prior to filing the petition for vacation
and proposed ordinance with the City Clerk.
(2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose
property is within one hundred fifty (150) feet of the exterior boundaries of such
property proposed to be vacated including all properties within the block containing
the vacation petition.
2
(3) A brief statement as to the reason(s) for the vacation petition, the proposed use of the
vacated property, a legal description of the property proposed to be vacated, and the
names and addresses of all owners whose property is within one hundred fifty (150)
feet of the exterior boundaries of such property proposed to be vacated, including all
properties within the block containing the vacation petition. The Petitioner shall
gather signatures from each property owner whose property lines will be affected by
the proposed vacation.
(c) If a vacation proceeding under this Article is terminated, a subsequent vacation affecting
the same property and requesting the same relief may not be initiated for two (2) years.
Sec. 18-53.9. -Notice of petition.
(a) The City Clerk shall refer a copy of the petition for vacation to the Engineering
Department and Department of Community Investment for review under Section 53.8(a)
of this Article for a review of any utilities in the area
(b) The City Clerk shall simultaneously refer a copy of the petition for vacation to the Board
f Public Works f r their. ritten na naatiom
(c) The City Clerk shall give notice of the petition and of the time and place of the public
hearing as provided by State law.
Sec. 18-53.10. - Public hearing.
(a) Within thirty(30) days of the filing of a petition for vacation with the City Clerk, the
Common Council shall hold a public hearing on said petition. The Council shall consider
and review all reports received from the Department of Community Investment/
Engineering Department and the Board of Public Works and shall hear remonstrances
based on grounds set forth in IC 36-7-3-13.
(b) The Common Council shall pass an ordinance if it determines that the petition for
vacation should be approved following the public hearing.
(c) Following approval by the Common Council and the Mayor,the City Clerk shall record,
in the St. Joseph County's Recorder's office, a certified copy of the ordinance approving
the petition for vacation. The City Clerk shall provide the petitioner a certified copy.
(d) The City Clerk shall then notify the Board of Public Works, the Staff of the Area South
Bend Plan Commission, Department of Community Investment Community
Development, the Engineering Department, the Bureau of Traffic and Lighting, the Street
Department, the Police Department, the Fire Department, the County Auditor and
appropriate Township Assessor's office, and all relevant utilities or other service
providers of the vacation. Notifications shall be additionally sent to the South Bend
Community School Corporation Transportation Division if the vacation involves a public
street.
(e) The City Clerk shall pay all advertising and recording costs incurred by said vacation
from the one hundred fifty dollars ($150.00) initially paid to said offce by the petitioner.
If any additional money is due for such advertising and recording costs over and above
3
the one hundred fifty dollars ($150.00) fee, the petitioner shall pay the overage to the
Office of the City Clerk Ordinance Violations Bureau Clerk. Upon passage of such
vacation ordinance, the City Clerk shall send a certified copy to the petitioner.
(f) If the Common Council fails to pass a proposed vacation ordinance whose petitioner was
required to provide a certified check pursuant to Sec. 18-53.8(c)(2), said check shall be
returned to the petitioner.
SECTION II. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of July 1, 2024
Sharon McBride, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2024, at o'clock .m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of , 2024, at o'clock .m.
James Mueller, Mayor, City of South Bend, Indiana
4