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Home My WebLink About11120-24 Amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal CodeORDINANCE No. 11120-24 Passed by the Common Council of the City of South Bend, Indiana May 28, Attest: Bianca L. Tirado Attest: 20 24 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana 20 Approved and signed by me i", 1 20 24 City Clerk Mayor SUBSTITUTE BILL NO. 20-24 ORDINANCE NO. 11120-24 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 preliminary Engineering review of utilities in the area of the vacation request during the pre -application stage and preparation of a radius map, property 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. 18-53.8 — Request for vacation; criteria, pre -application and staff recommendation; Board of Public Works recommendation (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 Engineering Department and Department of Community Investment shall review the applicant request based on the criteria approved by the Board of Public Works and provide a staff recommendation to the applicant. (b) Applicants with favorable staff recommendations will be so notified. 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. (c) Upon payment of a total fee in the amount of Four Hundred Fifty Dollars ($450.00), of which Three Hundred Dollars ($300.00) shall be distributed to the Engineering Department for a review fee and One Hundred Fifty Dollars ($150.00) shall be distributed to the Clerk's Office for publication costs, the applicant may forward their request for vacation to the 1 Board of Public Works for the Board's review and recommendation. After payment of the fee referenced in this Section, the Engineering Department shall generate a radius map highlighting the area proposed for vacation, a property description of that same area, and a list of addresses within 150 feet of the property, including all properties within the block containing the vacation petition. The request will be sent to all applicable City Departments for review. (d) The Board of Public Works shall review the request and provide a recommendation, including any improvements or contingencies. 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. 18-53.9. - 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 from the date of the Board of Public Works' recommendation will not be accepted. (b) The petition for vacation and the proposed ordinance shall be accompanied by the following when filed: (1) 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) A brief statement as to the reason(s) for the vacation petition, the proposed use of the vacated property, and information provided by City staff during review, including: 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. 18-53.10. - 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 Subsection 18- 53.8(a) of this Article. (b) 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. 18-53.11. - 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/or other city personnel with required expertise and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36- 7-3-13 or as otherwise set forth in I.C. 36-7-3 et seq. (b) After the hearing on the petition, the Common Council may vacate the property by ordinance. (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. 2 (d) The City Clerk shall then notify the Board of Public Works, the South Bend Plan Commission, Department of Community Investment, 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, other necessary City or County Departments existing at the time of the vacation with similar responsibilities to the foregoing, 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 by the petitioner. If any additional money is due for such advertising and recording costs over and above the one hundred fifty dollars ($150.00) fee, the petitioner shall pay the overage to the Ordinance Violations Bureau Clerk. Upon passage of such vacation ordinance, the City Clerk shall send a certified copy 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 August 1, 2024 (l ita/i 711 Sharon cBride, President, South Bend Common Council ATTEST: Bianca Tirado, CiClerk Presented by me to e Mayor of the City of South Bend, Indiana on the OBI ` day of AV , 2024, at 1 o'clock �.m. Bianca ado, City 1 Approved and signed by me on the day of �`^ , 2024, at 1 o'clock h .m. Jame Mueller, Mayor City of South Bend, Indiana 3