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Home My WebLink AboutAmending Chapter 6 New Section 6-37.2 Addressing Accountability Buildings VacantORDINANCE No. 10230 -13 Passed by the Common Council of the City of South Bend, Indiana Attest: May 13, 2013 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana May 14, 20 13 City Clerk President of Common Council JOHN VOORDE Approved and signed by me /041 N 20 13 City Clerk Maim Subs to Bill No. 14 -13 Ordinance No. 10230-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6 -37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED STATEMENT OF PURPOSE AND INTENT On November 27, 2007, the South Bend Common Council passed Ordinance No. 9810 -07 which established a registration and maintenance program of vacant and abandoned buildings in the City of South Bend, Indiana. It was noted that the City had earlier announced on May 29, 2007, a 3 -year "$6.825 million strategy to reduce the City's vacant houses by more than one -fifth, with the primary focus aimed at reducing abandoned houses by 72 % ". That program had a "comprehensive strategy" where 400 derelict houses were to be demolished in targeted neighborhoods. The program was developed on a Department of Code Enforcement survey conducted in May 2006 where 621 houses were identified as being both vacant and abandoned, which then represented 28% of all vacant houses in the City. It also was reported by the South Bend Police Department at that time that arsons and removing scrap metal had increased in the vacant houses. An "Urban Homsesteading Program commonly referred to as the "Dollar House Program" was established consistent with Indiana Code § 36 -7 -17, where Community & Economic Development capital improvement funds were used to acquire "marketable buildings ". All of the above - referenced programs were based on the "broken window" concept which basically provides that when a broken window is left unrepaired, that it leads to more broken windows and gives the appearance that no one cares for the property or protects the property. It also was based on data and information shared at the I" National Conference on "Reclaiming Vacant Properties: Strategies for Rebuilding America's Neighborhoods ". The "Vacant & Abandoned Properties Task Force Report" was made public in February, 2013. The Mayor shared information at the March 4, 2013 Residential Neighborhoods Committee where he projected that it would cost approximately $6,000 each per demolished home and approximately $50,000 per home which is rehabilitated. The Mayor also called for "A thousand homes in a 1,000 days" to be torn down. Based on the projected costs and the millions of tax dollars already spent on vacant and abandoned homes, the following ordinance is needed to provide greater transparency to the process in light of the short and long -term effects. The proposed regulations are aimed to ensure that a well - thought -out plan has been developed for the each of the neighborhoods where demolition is proposed to take place. This ordinance is believed to be in the best interests of the City of South Bend, Indiana. Section I. Chapter 6, Article 8, Section 6 -37.2 of the South Bend Municipal Code is amended to read in its entirety as follows: Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 2 Sec. 6 -37.2. Accountability of Government Actions on Buildings Declared Vacant or Abandoned. (a) The Quarterly Administrative Reports required to be filed with the Office of the City Clerk pursuant to Section 6 -37.1 (1) of this Code, must be current as of the last quarter immediately preceding the demolition of a structure by the City or any entity hired to demolish said structure(s). (b) Only demolitions which are a declared imminent public safety hazard to the health, safety and welfare of the city may be demolished during any quarter where the Quarterly Administrative Report is not current and properly filed with the Office of the City Clerk. (c) For each proposed demolition a "Fiscal Impact /Future Use Summary Statement' shall be required to be filed by the City Administration with the Office of the City Clerk, with such filing being made not less than seventy -two (72) hours before the proposed demolition. Said form shall be filed along with a completed City "Demolition Prioritization Form" set forth as Figure 82 in the Appendix of the Vacant & Abandoned Properties Task Report, page 67. Both forms are attached and included herein by reference. (d) Upon the Office of the City Clerk receiving each "Fiscal Impact/Future Use Summary Statement' from the City Administration, said office shall electronically send copies of each to all members of the South Bend Common Council. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. 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. Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 3 Council Member Henry Davis, Jr. 2nd District South Bend Common Council A&� John Voorde, City Clerk � 610eA &W by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the ['- k day of �_, 2013, at 1 D i I o'clock q . m. C cti��o0n� Janice Salboom, Deputy Clerk xoaaGaaed by me on the /H day of *14'/ , 2013, at S o'clock ?—.m. 1-t READING 3.t,;f --(3 PUBLIC HEARING S =(3-t3 3 rd READING $ -( 3 -1-3 NOT APPROVED REFERRED PASSED Pete Buttig' g Mayor of the City South Bend, Indiana Filed in ClnrWs, Office MHY i 3 2013. JOlm iJoorly CITY CLERK, SOt TtA FIEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6 -37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council as a substitute bill with 4 amendments as follows: 1. Demo notice should mirror zoning notice process 2. city should publish a complete list of all vacant/abandoned housing with owners name 3. Vacant and abandoned houses to be secured at higher levels to prevent break in or further deterioration until housing plan is enacted: and 4. Before home is scheduled for demolition, the City should require three (3) estimates for rehab /repair from local neighborhood contracts. This version was voted down and the original bill was passed favorable. This bill was heard by the Community Relations Committee and Residential Neighborhood Committee. Karen L. White Chairperson, Committee of the Whole Fiscal City of Sr Use Statement Fonn Updated 3/2013 Pursuant to Section 6 -37.2 of the South Bend Municipal Code entitled "Accountability of Government Actions on Buildings Declared Vacant or Abandoned ", the following information is filed and verified to be true and correct regarding the proposed structure to be demolished: Street Address /Zip Code: Council District: Property classified by the City as: _ Abandoned _ Vacant Affected Neighborhood: Summary of reasons for demolition: Explanation of why said property could not be rehabilitated: Agencies /Entities contacted regarding potential rehabilitation: Proposed Date of demolition: Entity to perform demolition: Cost of proposed demolition: Funding source(s) Balances for each funding source before demolition(s) Proposed reuse of property following demolition [Per Figure 70, page 53 of vacant & Abandoned Properties Task Force Report] Conservation Area _ Stabilization Area Revitalization Area Reinvestment Area Explanation of reuse chosen Cost to reuse property post -demc Funding source(s) for such reuse The proposed demolition will be the demolition in this Council District this year. ?6pAk9da td Red this day of 20 Fiscal Analyst Department of Code Enforcement City of South Bend Common Council 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter March 15, 2013 President Members of the Common Council Oliver J. Davis 4n' Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Karen L. White Re: Proposed Ordinance Addressing Accountability of Government Actions on Chairperson, Committee Buildings Declared Vacant or Abandoned of the Whole Tim Scott Dear Council Members: First District I am pleased to introduce for your consideration, the attached ordinance which is Henry Davis, Jr. aimed to bring greater accountability of tax dollars proposed to be used on vacant & Second District abandoned properties, as well as the overall process involving properties proposed to be demolished by the City of South Bend. Valerie Schey Third District In a front -page article which appeared in the Sunday, March 10, 2013 South Bend Fred Ferlic Tribune entitled "50 (Almost) Down, 950 To Go ", a picture of a wrecking ball Fourth District depicted the number of "Demolitions between 2008 - 2012 ": David Varner 2008 185 Fifth District 2009 118 2010 141 Oliver J. Davis 2011 25 Sixth District 2012 120 Derek D. Dieter The above - listed demolition numbers from 2008 through 2011 were part of former At Large Mayor Luecke's May 29, 2007 announcement that "...a three -year $6.825 million Gavin Ferlic strategy to reduce the City's vacant houses by more than one -fifth, with the At Large primary focus aimed at reducing abandoned houses by 72% "would be moving forward. Karen L. White At Large I am attaching a map provided to the Common Council by the former City Administration in late 2007. It depicts vacant & abandoned structures as of 2006 in the City of South Bend, and "Calls for Service" showing five (5) levels of service ranging from "absence or insignificant level, approaching negligible level, just below concern level, reaching concern level, serious level to urgent level ". That map alone highlights the critical need for a well thought out and comprehensive plan to address the multi- faceted neighborhood issues which may be compounded by vacant & abandoned buildings. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15, 2013 Page 2 It is interesting that the 75 -page "Vacant & Abandoned Properties Task Force Report" released last month, does not contain an updated map of the one depicting vacant & abandoned houses as of 2011, as well as the "Calls for Service" showing the five (5) levels of service. In light of the 1,000 demolitions being promoted as an "ambitious plan" by Mayor Buttigieg, and the related costs to the taxpayers for this demolition plan, and post demolition expenses, I believe greater transparency and accountability is needed now more than ever. Fiscal oversight is a duty and responsibility which the South Bend Common Council takes very seriously. To assist the Council in carrying out those duties a "check and balance" component is being created which is aimed at greater accountability. The attached ordinance would: • Require that all City Offices which carry out the duties involving vacant building have current "Quarterly Administrative Reports" on file with the Office of the City Clerk. Such reports are to routinely summarize implementation & enforcement actions of the city regarding "Vacant Building Maintenance and Registration" — a requirement of Ordinance No. 9810 -07 codified in the South Bend Municipal Code in Section 6 -37.1. This has been a requirement since 2007, however limited compliance and very few, if any filings have taken place by the current and past City Administration. • Requires the City Administration to file with the Office of the City Clerk a completed "Demolition Prioritization Form" (1 page) which was set forth as Figure # 82 in the Appendix by the 2013 Vacant & Abandoned Properties Task Report • Requires the City Administration to file with the Office of the City Clerk a "Fiscal Impact /Future Use Summary Sheet" (1 page) which highlights the location, Council District, affected Neighborhood, whether it was classified abandoned or vacant, reasons for proposed demolition, reasons why the property cannot be rehabilitated, proposed reuse of the subject property using Figure # 70 in the 2013 Vacant & Abandoned Properties Task Report; date, cost & funding sources of proposed demolition; cost & funding source(s) of proposed reuse with all of the information being signed by a fiscal analyst & Department of Code Enforcement. This report and the Demolition Prioritization Report are to be filed a minimum of 72 -hours prior to the demolition. • Requires the Office of the City Clerk to timely send electronically to all Council Members copies of the Demolition Prioritization Form and Fiscal Impact /Future Use Summary Sheet upon receipt from the City Administration. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15, 2013 Page 3 I also believe that the Task Force, City Administration and Common Council need to discuss whether there should be a posting on the City's website which is regularly updated summarizing key information from these forms. Partnerships are formed when individuals and organizations work together, not in isolation. By having greater transparency of the entire process, I believe there would be a much greater likelihood of the overall success of a meaningful program to rebuild our neighborhoods. We need to collaborate and challenge each other, especially when millions of taxpayer dollars from unknown sources may be involved. We must be vigilant so that other key city services are not put in jeopardy. Past Fiscal Summits held by the City Council have stressed these components, and should not be ignored. I request that this information be referred to the Community Relations Committee chaired by Council Vice - President Oliver Davis and the Residential Neighborhoods Committee chaired by Council Member Tim Scott, who is also a member of the Vacant & Abandoned Properties Task Force. I further request that a joint committee meeting be held so that we have the opportunity for good dialogue. Thank you. Most inc 5Q Henry Davis, Jr. 2nd District Council Member Attachments EAR 1 F Z0�3, CITY CLERK, SOU '4, E)HUD, ON Jomw A d Tpm op ., -mo I -10 i Fit 41LJM� J%-v kzv z AmigH " �, 1 47 46�., INK 700 It L;- FA E wi lxq, R 41LJM� J%-v kzv z AmigH " �, 1 47 46�., INK 700 It L;- FA E wi lxq, John Voorde From: Henry Davis Jr. Sent: Monday, April 22, 2013 8:58 PM To: John Voorde Cc: farrand802 @comcast.net Subject: Amendments to 14 -13 1. Demo notice should mirror zoning notice process 2. City should publish a complete list of all vacant /abandoned housing with owners name 3. Vacant & abandoned houses to be secured at higher levels to prevent break ins or further deterioration until housing plan is enacted 4. Before home is scheduled for demolition- the city should require 3 estimate for rehab /repair from local neighborhood friendly contractors Sent from my Wad