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Home My WebLink AboutAmending Chapter VI Bring the Code into Conformance with the Unsafe Building LawORDINANCE N0.6885-81 Passed by the Common Council of the City of South Bend, Feb IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, February 27 z9 81 /lk-- Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. (o 0619 S ' 91 AN ORDINANCE AMENDING CHAPTER VI OF THE MUNICIPAL CODE OF SOUTH BEND TO BRING THE CODE INTO CONFOR- MANCE WITH THE UNSAFE BUILDING LAW OF THE STATE OF INDIANA, INDIANA CODE 18- 5- 5.5- 4(5)(b) and REPEALING CHAPTER 11, ARTICLE 4 OF THE MUNICIPAL CODE. STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of South Bend has determined that unsecured vacant structures pose a serious threat to the safety, health and welfare of the citizens of South Bend. To alle- viate that threat it is necessary to mandate the securing of such structures by a procedure which respects the rights of property owners while recognizing the need for expeditious action to protect the public safety, health and welfare. To that end the Council adopted procedures in conformance with the Unsafe Building Law of the State of Indiana, Indiana Code 18- 5 -5.5. This Ordinance amends the Municipal Code to bring it into conformance with recent amend- ments to that statute. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That Chapter 11, Article 4, is deleted in its entirety and is reserved for future use. SECTION II Article 10 That Chapter 6, Article 10, is added as follows: Vacant Structures. Sec. 6- 39(a). Applicability of Article. This Article shall apply to any structure or any portions of a structure which remain vacant and open for a period in excess of ten (10) days. The incidental use of any vacant structures for storage purposes shall not be deemed to exempt it from the provisions of this Article. (b) Definitions. (1) As used in this Article: (a) Building Commissioner means the duly appointed and acting Building Commissioner of the City and his designees. (b) Sign means and includes any marquee, awning, billboard, name plate or advertising device which pro- jects over, above, or on any portion of the public easements. (c) Structure means any building, regardless of the purpose for which built or used, or any other type of improvement or fixture on real estate. (c) Securing premises. (1) All vacant structures subject to this Article shall be made secure from trespassers in the following manner: (a) All doors and windows of the building shall be locked, nailed shut or barred; . (b) All broken doors or windows shall be replaced or covered by boards, fitted plywood, hardware cloth or other material which will effectively bar entry to the structure; and, (c) All other openings into the structure which are accessible to trespassers shall be closed by board- ing or such other means approved by the Building Commissioner. (d) Removal of signs. Any sign located on the same property as any vacant structure, which sign extends above, over or upon the public easement and which sign the Building Commissioner determines is unsafe, shall be removed on order of the Building Commissioner. (e) Violation of Article deemed nuisance, abatement; appeals. (1) The violation of any provision of this Article constitutes a public nuisance which shall be abated as follows: Whenever the Building Commissioner determines that a vacant structure is being maintained in violation of this Article, he shall notify, by certified mail, any person having a fee interest, a life estate interest, or a substantial property interest of the existing violation(s), indicate the corrective action required under this Article, and order the corrective action to be completed within ten (10) days from the date on which the notice is received. Further, the notice shall state that if the corrective action is not completed within the ten (10) day period, the Building Commissioner will cause the work to be completed. Where the Building Commissioner takes such action, the cost of accomplishing the work may be entered as a judgment by either the Superior or Circuit Court of St. Joseph County against persons having a fee interest or life estate interest in the premises. (2) Any person having a fee interest, a life estate interest or a substantial property interest or the person to whom the order was issued has a right to request a hearing before the Division of Code Enforcement Hearing Officer. He/ she may appear at such hearing with or without legal counsel, present evidence, cross - examine opposing witnesses, and present arguments. The Division of Code Enforcement Hearing Officer may make findings and take action either to affirm the order, to rescind the order, or to modify the order. (3) The final action taken by the Division of Code Enforcement Hearing Officer shall be subject to review by the Circuit or Superior Court of St. Joseph County. Any person aggrieved by the action may file a complaint within ten (10) calendar days after the date such action was taken. SECTION III. That this Ordinance shall be in full force and effect row m and after its passage by the Common Council, approval by the Mavor, and legal publication. PU,LIC HEARING I-o?6 2nd READING NOT APPROVED REFERRED PASSED .v Mem r of the Common Council FILED Ii 01.0. �' �°xE Irene Gammon CITY QSK) SOUTH BEND, IND. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Katherine G. Barnard Neighborhood Code Enforcement 219/284 -9486 Director 219/284 -9498 219/284.9303 January 6, 1981 South Bend Common Council County -City Building South Bend, Indiana 46601 Dear Council Members: This proposed ordinance is concerned with vacant structures in the City that have not been properly boarded within a reasonable period of time. As you know a vacant, open structure is a potential hazard to a neighborhood because it can be a target for arson and other disruptive activities, causing danger to surrounding buildings. Presently a structure is not considered vacant until it has been unoccupied and open for 30 days. Then the property owner is notified and has 15 days to board the building. A recent amendment to the Unsafe Building law allows the Neighborhood Code Enforcement office to have a vacant structure boarded after the property owner has been properly notified and given 10 days to secure the structure. This ordinance would amend the Municipal Code to bring it into conformance with the amendment to the Unsafe Building Law. In addition I propose removing the article on vacant structures from Chapter 11, Housing, and adding the article to Chapter 6, Buildings. Thank you for your consideration of the proposal. Sincerely, j<.Zkj Kathy Barnard, Director Neighborhood Code Enforcement KB: eh Att. cc: Richard Hill Eugenia Schwartz (dontudfur 39rport 010 tke (Qouu ton (Qounri( of Hoc 04; of Oow4 1knd: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER VI OF THE MUNICIPAL CODE OF SOUTH BEND TO BRING THE CODE INTO CONFORMANCE WITH THE UNSAFE BUILDING LAW OF THE STATE OF INDIANA, INDIANA CODE 18 -5 -5.4 (5) (b) AND RE- PEALING CHAPTER 11, ARTICLE 4, OF THE MUNICIPAL CODE. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. •n ei •nee. o .u....... co. John Voorde Chairman