HomeMy WebLinkAbout07-25 Amending Chapter 18, Article 5 of the South Bend Municipal Code to Update the Procedures for Vacation of Public Ways and Public Places County-City Building Phone 311 inside City limits
227 W Jefferson Blvd,Suite 1400 S SpYJTH ,g4, Email 311@southbendin.gov
South Bend,IN 46601 &' +d Website Southbendin.gov
James Mueller,Mayor ,tc...
U r_` rr t7
PEACE lY '
Y a Filed in Clerk's Office
x x
/865
City of South Bend Ci Clerk,ty Clerk,
Tirado
South Bend, IN
Department of Community Investment
February 5, 2025
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:
In 2024,the South Bend Common Council passed an ordinance amending Chapter 18,
Article 5, of the South Bend Municipal Code updating procedures and reducing challenges for
property owners within the City wishing to vacate all or part of a City street, alley, or other
public place or way. Attached for filing is an amendment to the vacation process that
incorporates further refinement to the process in a proactive manner. The proposed amendment
will specifically address:
• Envelope preparation- Petitioner submits a single set of envelopes to Clerk's Office for
the public hearing notification not two (2). The second set remains the obligation of the
petitioner but only necessary if a second hearing notification occurs.
• Fee payment schedule- Payments to Engineering($300 processing fee) and the Clerks
Office($150 filing fee) would be paid separately at their corresponding times during the
process instead of both being paid at the Engineering processing stage. Additionally, an
overage filing fee would be paid directly to the Clerk's office to ensure a more efficient
reimbursement process.
• Notification to adjacent property owners- Reducing the required percentage of signatures
from 100%to 51%will allow requests to move more quickly while ensuring the majority
of property owners are directly notified of a potential permanent change to their property.
• Scrivener's error
> City of South Bend Community Investment
Thank you for your consideration of this substitute ordinance. Know that Chris Dressel plans to
make the presentation to the Common Council at its committee and regular meetings.
Thank you for your consideration.
Sincerely,
ch , Cz_, ________
Tim Corcoran
Chief Planner
Enc
Filed in Clerk's Office
BILL NO. 07-25 r-;""Q 0 5 2025
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, 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.
Following significant updates to these procedures in 2024,Council,the Clerk's Office, and
City employees have continued working to improve the efficiency and clarity of the alley vacation
process and ensure that residents have clear guidance when they petition the City for an alley
vacation.
The proposed amendment will update several steps in the process, including splitting the
timing of the filing payments,modifying the requirements for submitting envelopes to the Clerk's
Office, and correcting a scrivener's error in a section reference.
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.
1
(c) Upon payment of a review fee in the amount of Three Hundred Dollars ($300.00), the
applicant may forward their request for vacation to the 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) One(1) set 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. A second(2°d) set of certified, stamped, and addressed
envelopes may be required, at the expense of the petitioner, should the bill be tabled
and require another notice of public hearing.
(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
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
fifty-one percent(51%) of the property owners whose property lines will be affected
by the proposed vacation. If a Petitioner is unable to make contact with sufficient
property owners to meet this requirement, the requirements of this subsection may be
met by providing evidence that the Petitioner has notified any property owner whose
property lines will be affected by the proposed vacation of the proceedings under this
Article.
(3) A nonrefundable filing fee in the amount of One Hundred Fifty Dollars ($150.00).
(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.
2
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-
53.9(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.
(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 Clerk's
Office. 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 and approval by the Mayor.
Canneth Lee, President,
South Bend Common Council
3
Attest:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2025, at o'clock .m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of , 2025, at o'clock_.m.
James Mueller,Mayor, City of South Bend, Indiana
4
Filed in Clerk's Office
BILL NO.07-25
ORDINANCE NO. Bianca Tirade
City Clerk, South Bend, 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.
Following significant updates to these procedures in 2024,Council,the Clerk's Office,and
City employees have continued working to improve the efficiency and clarity of the alley vacation
process and ensure that residents have clear guidance when they petition the City for an alley
vacation.
The proposed amendment will update several steps in the process, including splitting the
timing of the filing payments,modifying the requirements for submitting envelopes to the Clerk's
Office, and correcting a scrivener's error in a section reference.
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.
1
(c) Upon payment of a review total fee in the amount of Three Hundred Dollars ($300.00)
shall he distributed ♦o he E„gineering Department f r a r „f e and-One-Hundred-Fifty
Dollars ($ 50 nm sh ll be distributed to the Clerk's Offce for publication osts, the
applicant may forward their request for vacation to the_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
..ert y i ithin o e t.u dre fifty(1 50) feet of the exterior boundaries of such
pro«erty r sod t„be< cated : cl„ding all r perties within he block c ntaining
the-vacation-petition:,One(1) set 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. A second (2nd) set of certified, stamped, and
addressed envelopes may be required, at the expense of the petitioner, should the bill
be tabled and require another notice of public hearing.
(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
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
eaeh fifty-one percent(51%) of the property owners whose property lines will be
affected by the proposed vacation. If a Petitioner is unable to make contact with
sufficient property owners to meet this requirement, the requirements of this
subsection may be met by providing evidence that the Petitioner has notified any
2
property owner whose property lines will be affected by the proposed vacation of the
proceedings under this Article.
(3) A nonrefundable filing fee in the amount of One Hundred Fifty Dollars ($150.00).
(c) If a vacation proceeding under this Article is terminated, a subsequent vacation affecting
the same property and requesting the same relief may not be initiated for two (2) years.
Sec. 18-53.10. -Notice of petition.
(a) The City Clerk shall refer a copy of the petition for vacation to the Engineering
Department and Department of Community Investment for review under Subsection 18-
53.9$(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. 18-53.1 1. - 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.
(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 Clerk's
Office . Upon passage of such vacation ordinance, the
City Clerk shall send a certified copy to the petitioner.
3
SECTION II. This Ordinance shall be in full force and effect after adoption by the
Common Council and approval by the Mayor.
Canneth Lee, 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
, 2025, at o'clock .m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of , 2025, at o'clock_.m.
James Mueller, Mayor, City of South Bend, Indiana
4
t�,CE�F.�� Filed in Clerk's Office
I�
FEB 0 5 2025
*« Bianca Tirado
r City Clerk, South Bend, IN
OFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
OVERVIEW
The formal procedures for the vacation of public rights-of-way are contained in Article 5, §18-53.8 of
the South Bend Municipal Code. The steps below provide additional details to help the petitioner
through the process.
PROCEDURES& PROCESS
STEP 1 The Petitioner completes a Public Right of Way Vacation Pre-Application form, available
at https://southbendin.gov/board/public-works/ and submits to
kmalas@southbendin.gov. City of South Bend Engineering and Department of
Community Investment staff will review the form and follow up with the petitioner for
more information or questions as needed before issuing the preliminary written
recommendation. City Staff will also explain the process and inform the petitioner of
any potential opposition to the vacation.
All requests are weighed against established criteria and staff generates a preliminary
recommendation shared with the petitioner. The petitioner will determine whether or
not to proceed with the request.There is no fee to submit a pre-application form.
STEP 2 Following preliminary review, if the petitioner wishes to continue the request, they will
submit the completed pre-application with staff comments to the Board of Public Works
(BPW) on the 13th Floor of the County-City Building. A$300 non-refundable fee is due at
this time.
A radius map and list of addresses within 150 feet is generated by Engineering and the
request is typically distributed to the following departments for review and comment:
Community Investment,Engineering, Police,and Fire. Following review,the petition and
recommendation will be placed on an upcoming BPW agenda. After the BPW meeting,
an ordinance and legal description will be drafted and provided to the petitioner with
instructions for filing with the Clerk's Office along with a letter containing the BPW
recommendation.
STEP 3 The Petitioner pays a $150 nonrefundable filing fee to the Clerk's Office to file an
ordinance drafted by Legal Department. The Clerk's Office processes the vacation
request by preparing the envelopes for public hearing and the petition to Vacate Public
Rights-of-Way for signature. The Clerk's Office files the Ordinance and Petition to be
INTEGRITY I SERVICE I ACCESSIBILITY
Elivet Quijada-Navarro Matthew Neal
CHIEF OF STAFF/CHIEF DEPUTY Cm(CLERK DEPUTY CITY Ci FRK/DIRECTOR OF POLICY
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p.574.235.9221 I f.574.235.9173 I www.southbendin.gov
CITY OF SOUTII BEND I OFFICE OF TI IE (TFY CLERK
placed on the next Common Council agenda. The Common Council meets on the 2nd
and 4th Mondays of each month.The deadline for filing agenda items for any meeting is
noon on the WEDNESDAY before the scheduled meeting. (see attached schedule)
STEP 4 Once the Alley Vacation bill is filed with the Clerk's Office, it will be placed on the next
Common Council agenda for "First Reading." The Petitioner is not required to attend
this meeting. At this time, the Common Council will set the matter for a public hearing
which will most likely be their next regular meeting.
When the ordinance is placed on the next Common Council agenda,it will be listed under
"Public Hearing" and "Third Reading." The Petitioner will need to make a short
presentation at this time. Also, all persons speaking in favor of or in opposition to this
ordinance will be heard at this time.
STEP 5 On the day of the public hearing, the petitioner will be required to attend a meeting of
the Public Works and Property Vacation Committee.This Committee is composed of four
(4) members of the Common Council who will review the matter and make a
recommendation to the entire Council. The Petitioner will be required to make a short
presentation outlining the reasons for the vacation request.
The Petitioner will make the same presentation at the afternoon Committee meeting
and the 7:00 p.m. Common Council meeting. The afternoon meeting will be held in the
Common Council meeting room located in the City Clerk's office on the 4th Floor of the
County-City Building. The evening meeting will be held in the Council Chambers located
in the middle of the fourth floor of the County-City Building. City staff will be present at
the hearing to offer assistance and answer questions regarding the vacation request as
needed.
STEP 6 After approval by the Common Council and the Mayor,the Ordinance will be advertised
in its entirety in the South Bend Tribune and the Mishawaka Enterprise.This publication
will take place on the FRIDAY of the week following the Council meeting. The vacation
becomes effective thirty(30)days from the date of the publication.At that time,the City
Clerk's office will certify the document and record it with the St.Joseph County Recorder.
The Petitioner will receive a certified copy, as will the St. Joseph County Auditor and
Township Assessor. Also, at this time notification of the vacation is sent to the South
Bend Departments noted above plus the South Bend Plan Commission, Board of Public
Works, Northern Indiana Public Service Company and the South Bend Community School
Corporation Transportation Division if the vacation involves a public street.
The ordinance becomes effective thirty (30) days from the date of the publication. The
City Clerk's office certifies the document and record it with the St. Joseph County
Recorder. notification of the vacation is sent to relevant city agencies.
(Revised 01-27-2025)
EXCELLENCE ACCOUNTABILITY INNOVATION 1, INCLUSION EMPOWERMENT
455 County-City Building 1 227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p.574.235.9221 J f.574 235.9173 1 www.southbendin.gov