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HomeMy WebLinkAboutAmending Chapters 13 and 16 Regulating Nuisamce and Other OffensesORDINANCE No. 7055 -82 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Approved and signed by as 25 K. GAMMON M. Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTERS 13 AND 16 OF THE SOUTH BEND MUNICIPAL CODE, REGULATING NUISANCE AND OTHER OFFENSES STATEMENT OF PURPOSE AND INTENT: In order to maintain public health and safety and the aesthetic well being of the community it is necessary to implement ordinances regulating public nuisance and other offenses within the City. This amendment consolidates all such regulations into a single chapter. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I: Chapter 16, Article 8, of the Municipal Code of the City of South Bend, Indiana, is hereby deleted in its entirety and a new Chapter 16, Article 8 is enacted as follows: ARTICLE 8, NUISANCES; PENALTIES nuisance. Section 16 -53 Conditions constituting public (a) In addition to what is declared in this Article and Code to be public nuisance, those offenses which are known to the common law and the statutes of Indiana as public nuisances may, when found to exist within the City limits, be treated as such and be proceeded against as provided in this article and code, or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this article it refers to a public nui- sance. (b) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the City, or any agent thereof, shall permit or allow to remain on or within such property or upon public ways abutting such real property any materials, trash, garbage, debris or any other matter which is detrimental to public health, comfort, safety or to the aesthetic well -being of the community. (c) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter: 1. Litter 2. Grass and weeds over 12 inches high but not including small trees and bushes. 3. Fallen trees, stumps, dead trees and cut brush. 4. Boxes, appliances, furniture, household items, and tires. 5. Demolition remains. 6. Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the City. 7. Accumulated garbage and trash. 8. Automobile parts and scrap metal. 9. Structures defaced with paint or wording. 10. Any portion of real property which emits an unwholesome odor. 11. Any waste water, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed, or caused to be upon any public or private property. 12. Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage. 13. Any dead domestic or wild animal. 14. The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pool upon any public property. 15. Any real or personal property which is infected with contagious disease and is likely to cause an immediate health hazard. 16. The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition. 17. Any real or personal property used as a place of residence or habitation or for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, plumbing, ventilation, or garbage and trash removal. 18. The storage of any explosive, combustible or other material which creates a safety or health hazard. 19. Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards. 20. Trash or garbage containers left upon the area between a street and sidewalk except as per- mitted by this code for trash and garbage collection purposes. Section 16 -54 Citations. When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring the property into com- pliance and have not done so, the Board of Public Works or its designee may request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a twenty - five dollar ($25.00) fine. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued. Section 16 -55 Notice prior to abatement by City. The Board of Public Works or its designee shall give forty -eight (48) hours notice in writing to remove from any real -2- or personal property within the City any object or condition which is deemed to be a public nuisance under Section 16 -53 of this article. Such notice shall be given to the owner of record or his agent, to any tenant or occupant and to any other party known to have a substantial interest in the property upon which the nuisance exists. Notice to the record owner may be mailed to his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located. Notice to any other party known to have substantial interest in the property may be mailed to his last known address or to the last known address of his agent. Section 16 -56 Failure to comply with notice to abate. Failure, neglect, or refusal by the record owner or his agent, the tenant or occupant, or any other party known to have a substantial interest in the property, to comply with the terms of the notice given pursuant to Section 16 -54 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant to Section 16 -54 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate following notice shall constitute a separate offense under this article. Section 16 -57 Abatement by City. Upon the failure, neglect, or refusal of any party to whom notice to abate a nuisance has been given under Section 16 -54, or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety and all persons known to have a substantial interest in the property where the nuisance exists have been given a reasonable opportunity to bring the property into compliance and have not done so, the Board of Public Works or its designee may abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid sixty (60) days after the billing date. Unpaid costs may be made a lien against the property. Section 16 -58 Duties of owners or persons in con- trol of vacant lots. (a) Any person owning or controlling any vacant lot within the City must keep same free of trash, litter, debris, garbage and similar material. (b) All persons owning or controlling vacant lots shall mow the lot or cause it to be mowed whenever weeds or grass thereon reach a height of more than 12 inches. (c) If the person owning or controlling a vacant lot fails to maintain it in accord with the conditions set forth in this Article, the Board of Public Works or its designee shall proceed with notice and abatement procedures as set forth in Sections 16 -55, 16 -56 and 16 -57 of this Article. Section 16 -59 Removal of Vegetation Notwithstanding any other provision of this Article, the Board of Public Works or its designee may employ the procedures set forth in IC 36- 7 -10 -3 for the removal of vegetation and the col- lection of removal costs when weeds or grass on real property reach a height of more than twelve (12) inches and the landowner, after proper notice, fails to remove the vegetation. -3- Section 16 -60 Storage of building materials. Building materials and equipment may be placed or stored on lots zoned as residential or commercial only during the process of building on said lot or for a period of no longer than one month prior to a commencement of building and no longer than ten (10) days after the completion of building on said lot. Section 16 -61 Penalties. Any person violating a provision of this chapter shall, upon conviction, be deemed guilty of an offense and fined not less than twenty -five dollars ($25.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine shall exceed twenty -five hundred dollars ($2500.00). Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. SECTION II: Chapter 13, Article 3, Sections 13 -28 through 13 -54 of the Municipal Code of the City of South Bend, Indiana are hereby deleted in their entirety and reserved for future use. SECTION III: Severability. Any provision, section, or article of this ordinance is declared to be invalid or unconstitutional, such declaration shall not be construed to affect any of the other provisions, sections, or articles herein, and the remainder of the ordinance shall not thereby be invalidated. SECTION IV: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the mayor, and legal publication. Qo..� , o.ti, n,...,._ -., -1 0 %�_, e . a a 9 ga. -4- Katherine G. Bernard Director April 19, 1982 CITY of SOUTH BEND ROGER 0.. PARENT Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Members of the Common Council 4th Floor Council Chambers County City Building South Bend, IN Dear Council Members: Neighborhood Code Enforcement 219/284.9488 219/284.9498 219/284.9303 This proposed nuisance ordinance incorporates into one chapter of the Municipal Code all environmental and nuisance violations. The ordinance more clearly defines conditions which constitute a public nuisance thus making it easier for the Neighborhood Code Enforcement inspectors to cite some violations. For instance, inspectors will now be able to cite property owners for unwholesome odors emitting from their property. Inspectors will be able to cite property owners if a tree, shrub or other object creates a vehicular or pedestrian safety hazard. Citizens will now be required to cut their grass when it reaches a height of 12 inches rather than 24 inches, owners of vacant lots will be responsible for keeping those lots free of trash and debris and may be cited for failure to comply. In addition to authorizing the Neighborhood Code Enforcement clean up crews to clean privately owned lots after proper notification, this proposed ordinance has established specific fines for violating the ordinance and has established a workable collection process. If you have any questions please feel free to call me. Thank you for your consideration of this ordinance, Sincerely, * 46��V� Katherine G. Barnard Director Tommuttr Report (on toe tQomum f10umril of tip (Ittg of £ooutk arnD: Your Committee OF THE WHOLE to whom was referred BILL NO. 42 -82 A BILL AMENDING CERTAIN PORTIONS OF CHAPTERS 13 AND 16 OF THE SOUTH BEND MUNICIPAL CODE, REGULATING NUISANCE AND OTHER OFFENSES. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: By accepting a substitute bill JOHN VOORDE Chairman .... ..... .............