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HomeMy WebLinkAboutAmending Chapter 6 Regulating Substandard BuildingsORDINANCE No 7145 -82 Paused by the Common Council of the City of South Bend, Indiana December 6, 19 82 4-p�- "'�- City Clerk K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 7, 1982 4-u" City Clerk IRENE K. GAMMON Approved and signed rt rn b jA=e�� y me r9 �� ORDINANCE NO. 71 y�-- AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SUBSTANDARD BUILDINGS STATEMENT OF PURPOSE AND INTENT The statutory authority under which the enforcement of building standards was previously carried out, that being Indiana Code 18- 5 -5.5 -1 et seq., having been repealed and recodified as Indiana Code 36 -7 -9 -1 et seq. makes it necessary to amend section 6 -37 of Chapter 6 of the South Bend Municipal Code to reflect this change in state statutory law. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: Paragraph (c) of Section 6 -37 of Chapter 6 of the South Bend Municipal Code is amended as follows: (c) Adoption of insaf-,--B-tri1- d-ftrg -L-.w Enforcement of Building Standards Law. Pursuant to the authority granted by the Indiana General Assembly through the Acts of 1981, Public Law 309, §28; as amended by Acts of 1982, Public Law 33, §34, the City of South Bend, Indiana,-do� hereby -atlo1rt adopts t4-h-- Enforcement of Building Standards Law, being Indiana Code 36 -7 -9 -1 through 3 -7 -9- , as it may be amended from time to time; and incorporates herein the definition of "substantial property interest" contained in Indiana Code 36- 7 -9 -2, as it may be amended from time to time. SECTION II: Paragraph (d) of Section 6 -37 of Chapter 6 of the South Bend Municipal Code is amended as follows: (d) Administration. The hrrn-a r -crf- -Rtri 1 -dli -n s -an-& T-e r -ts , �}ivi3iarr- -of-�? -_ _ �txi3�-irrgs Code Enforcement Department is hereby designated as the executive department which shall administer the provisions of the - �3n��f�- i ig En orcement of Building Standards Law. The Director of the Code Enforcement Department shall be the person responsible for the administration of the 4kw,&f- e- 4iril- c4q-kggaw Enforcement of Building Standards Law. SECTION III: Paragraph (e) of Section 6 -37 of Chapter 6 of The South Bend Municipal Code is amended as follows: (e) The Board of Public Safety shall have the responsibility for fixing the average "processing expense" as provided in the 4krs -rf-e- B{i31�i3g -a Enforcement of Building Standards Law. SECTION IV: Paragraph (f) of Section 6 -37 of Chapter 6 of the South Bend Municipal Code is amended as follows: (f) Unsafe building fund: (1) As provided by Section -17- 14 of the- t�rrs�fe- BtsJ- c�rrrg -haw Enforcement of Building Standards Law, a fund designated as the "unsafe building fund" shall be established in the operating budget of the - i�3s3o --o- - -Cods- -Em- fo-r-esiZ-t Code Enforcement Department. Any balance remaining at the end of the fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. Monies for such fund may be received from any source including appropriations by a�- atttlio -r-it-y local, state, or federal governments, and donations. (2) As futher provided by Section 43 15 of the Unsafe- Btilldleg base;- tbe- Ee>ti�isslee- of -B�lld }cgs Enforcement of Building Standards Law, The Code Enforcement Department may take action to transfer all or any part of any money which may exist in the "building, demolition, repair and contingent fund" created by Indiana Code, Sections 18- 5 -5 -7, 1976-Edition, to the unsafe building fund. 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. lemb of the Ce5kbn Council FnED if CLERXIS OFFICE I 1Q82 Irene Gam CITY CLERK, SOUTH BEND OD 1st READING //— A a — ea PUBLIC HEARING 14? 2nd READING - NOT APPROVED REFERRED PASSED / a _ 6 _ Foq CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Department of Code Enforcement 2191284.9486 2191284.9498 Katherine G. Barnard 2191284.9325 Director James Markle Building Commissioner South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Dear Council Members: November 18, 1982 One of the main functions of the Department of Code Enforcement is to achieve the rehabilitation of buildings through the enforcement of the law concerning unsafe buildings. This ordinance amends Chapter 6 of the South Bend Municipal Code to bring it into conformance with the recently recodified state statute entitled Enforcement of Building Standards. If you have any questions concerning the ordinance, please feel free to contact me. Thank you for your consideration of this ordinance. Sincerely, l &t-'r� Kathy Barnard, Director Department of Code Enforcement KB: eh Att. cc: Eugenia Schwartz John Marnocha TommiUrt Irporz Mo tot flamman (00um -a of tot (SUB of OW44 *NX- Your Committee OF THE WHOLE to whom was referred 142 -82 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE REGULATING SUBSTANDARD BUILDINGS. Respect Ily-report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TM HE COUNCIL FAVORABLE. JOHN VOORDE Chairman /REE PRESS rUMUSHINO CO.