Loading...
HomeMy WebLinkAbout06-26-2025 Residential Neighborhoods Committee Minutes SignedOFFICE OF THE CITY CLERK BI A0lCA L. TIR DO , C ITY C LERK RESIDENTIAL NEIGHBORHOODS JUNE 26, 2025 3:30 P.M. Committee Members Present: Committee Members Absent: Other Council Present: Others Present: Presenters: Agenda: Karen L. White , Shei la Niezgodski , Ophelia Gooden -Rodgers , Sharon McBride ,* Gabriel Murei * None None Matthew Neal , Lari 'onna Green, Bob Palmer* Jarveair Bourn, E lizabeth Maradik, Thomas Panowicz Working Session Members marked with an asterisk(*) are in virtua l attendance. Please note the attached link for the meeting recording: h ttps:/ / docs.southbendin.gov/WebLink/browse.aspx? dbid=0&mediaid=397121 Co mmittee Chair Karen L. White called to order the Residential Neighborhoods Committee meeting at 3 :30 P.M . Committee Chair White stated that the purpose of this working session is to discu ss concerns that were expressed by citizens and district reprentati ves. These issues include tra s h accumulation , vehicles and boat s parked on lawn s, and other nui sances . This meetin g will focus on intern a l discussions with Committee Members , and later meetin gs will involve the public. Committee Vice Chair Sheila Niezgodski stated that she has heard from many residents concerned about environmental issues . Often, they have involved the South Bend Police Department (SBPD) when they should be contacting Neighborhood Residential Services. Committee Vice Chair Niezgodski stated that she is hopeful that the se meetings will strengthen the process of dealing with these complaints, which could include amending ordinances or other Ci ty procedures. J as min e Jac kso n 0-nEF D EP\JfY Orr 0.ERK / 0-nEF OF STAFF INTE GRITY I SER VIC E I ACC ESSIB ILI TY M a tthe 11 · Neal D EP\JfY Orr 0..ERK / D IRECTOR OF P OLICY M a rg,1 re l C o lsc h D IRECTOR OF SPEGAL P ROJECTS EXC ELLE NC E I ACCO UNTA BILIT Y I IN NOVA TIO N I INC LU SION I EMPOW ER MENT 455 County-City Building 1227 W Jefferson Blvd I South Bend, Indiana 46601 Ip 574.235.9221 If. 574.235.91731 www.southbendin.gov .. C ITY OF SOUTH BE D I OFFICE OF T II E CIT Y CLE RK C ommittee Memb e r Ophe li a G oo d e n-Ro d ge rs ex pressed th at h e r m a in co nce rn in Di stri ct T wo (2) is dumpin g, in c ludin g m a ttresses, box springs , dressers, e tce tera. Co mmittee Member G oo d e n-Ro d ge rs a lso no ted th a t th ere a re m an y p ro p e rti es w ith unmowed law ns and o th e rwi se unk e mpt. So m e res id e nt s and co ntracto rs a re dumpin g tras h in a ll eyways a nd un addressed tras h a tt rac t s ve nnin. Co mmittee Memb er G oo d e n-Ro d ge rs fee ls th a t th ese iss ues a re o ngo in g pro bl e m s th a t need to b e addressed beca use th ey a pp ear to be ge ttin g wo rse. Co mmittee M emb e r Sh aro n Mc Brid e st a te d th at h e r o b servati o n in th e Third (3 rd ) Di stri ct is th at th e re is a new te nt e n c ampme nt und e r th e ra il road brid ge a nd sh e is n av igatin g th e pro cess to di s band thi s e n campm e nt. Co mmitt ee Memb e r Mc Brid e sta ted tha t thi s excampment was und er a park pav ili o n a nd th ey have moved now, and sh e is as kin g Cod e Enforcem e nt to in vesti gate . Co mmittee M e mb e r M c Brid e th anked Co d e E nfo rcem e nt fo r co ming o ut to B roadw ay Street a nd taggin g appro x imate ly t we nt y (2 0 ) ve hicl es th a t were ill ega ll y p a rk ed in a yard . Committee M emb er McBride a lso e xpressed co nc e rn fo r vacant a nd a band o n e d prop e rties that rema in an eye so re a nd want s to imp rove th e p rocess fo r n eig hb o rs w ho a re d ealing w ith n eglec te d prop e rti es. Comm ittee C h a ir W hi te sta te d th a t th e Co mmittee Me mb e rs und ersta nd the c ha ll e ng e s face d by res id e nt s in th e vari o us ne ig hb o rh oo d s a nd wa nt s a ll res id e nt s to li ve in a cl ean a nd safe env iro nm e n t. Co mmittee C ha ir White stated th at the Committee nee d s to review o rdinan ces a nd best p ra cti ces in o th e r c iti es th a t ar e d ea lin g w ith s imil ar iss ues. Co mmittee C ha ir White want s th e Co uncil to wo rk c o ll a borati ve ly w ith th e C it y Admini stra ti o n a nd Co mmunity P artn er s to deve lo p so luti o n s . J a rveair Bo urn , Se rgeant , So uth B e nd Po li ce D e part m e n t , w ith offi ces a t 70 l Wes t Sam p le Street, So uth Be nd , IN 4660 l , s ta te d th a t d uring 2023 , S BPD es ta bli s he d Co mmunity Reso urc e Office rs (C RO) and in add it io n to Sergeant (Sgt.) B o urn , th ere a re two (2) a ddi tio na l C R O. Sgt B o urn sa id t ha t th e C R O foc u ses o n nui ssan ce co m p la in ts und e r th e C hro ni c -Probl e m P ro pe rt y O rdin a n ce (C PP O), w h ich states th at if th e re are th ree ve rified co mpl a ints to a s pec ific reside nce w ithin a s ixty (60) day pe ri o d , the S BPD is a uth o ri ze d to se nd a le tt e r to th e occ up a nt a nd th e propert y own e r. N ui ssan ces in c lud e lo ud mu sic , di so rd er ly co nduct , a nd crimina l be hav io r. Wh e n th e S BPD rece ives five (5) ve rifi e d co mpl a in ts , th e p ro pe rt y is li ste d as a C h ro ni c P rob le m P ro pe rt y (C PP ) w ith th e C it y a nd re m a ins a C PP fo r th ree hundre d s ix ty -fi ve (365) d ays . Aft e r a prope rt y has bee n labe led a C PP by th e SBPD , th at pro p e rt y goes o n a li st m a int a in e d by th e City and th at li st is d is pl ayed o nl ine. Sgt B o urn pri des t he C R O Team o n res po ndin g to ne ighbo rh oo d co mpl a in ts in a tim e ly fas hi o n and e nco urages Co un ci l Me mb e rs to re po rt th e p ro bl e m p ro pe rti es to SB PD. Co mm itt ee Me m be r Goo d e n-Ro d ge rs as ke d how th e C it y can c o mb a t p eo pl e w ho ar e dumpin g in a ll eyways and ya rd s , es pe ci a ll y w he n th ey are d o in g it durin g ni g httim e. Sg t. Bo urn admitte d th at it is a to ug h s itu ati o n, but th a t if some thin g is kn own ab o ut a s pe cific a rea, th e S BPD can pass o ut in fo rm a ti o n a t shi ft c h an ge o r put o n extra p a trol s. T hey co uld a lso fo ll ow up o n p o li ce in te lli ge nce a bo ut peop le see n dumpin g in ce rt a in ar eas. Co un c il Membe r Mc Bride sta te d th a t she is rece ivi ng co mpl a int s fr o m o ne of the Di stri c t T hree (3) res id e nt s a nd aske d Sgt Bo urn if he ha d bee n co nt ac te d . EXC ELLE NC E ACCO UNTA BILIT Y I INNOVA TI ON INC LU SIO N I EMPO WER MENT 455 County-City Building 1227 W Jefferson Blvd. I South Bend, Indiana 46601 Ip. 574.235.92211f.574235.91731 www.southbend1n gov .. ? C ITY OF som~H BE D I OFFI CE OF T I IE CI'TY CLE RK Sgt. Bourn stated that he has been contacted and is familiar with these complaints but these complaints have not been verified. Committee Vice Chair Niezgodski asked about the use of security camera footage with respect to unlawful behavior and what can be done when the vio lators flee the scene before SBPD can respond. Sgt. Bourn stated that the footage can be used in some circumstances and the SBPD recommend that the footage is timestamped. Committee Chair White noted that some citizens were present and asked them to write down any questions they may have. Committee Chair White then recognized Elizabeth Maradik from the Neighborhoods Division . Elizabeth Maradik, Chief, Neighborhoods Division , Department of Community Investment with offices on the thirteenth (13 th ) floor, County -City Building, South Bend, IN 46601 , made a presentaton about programs operated by the eighborhoods Divison. First (15 1), Elizabeth Maradik reviewed environmental issues , which include tall grass and weeds , litter and debris (including dumping), vegetation , and graffiti. After an environmental complaint is made , an inspector confirms that a violation exists and sends a ten (10) day abatement letter, and the inspector then determines if the violation has been addressed or not. If the violation is addressed , the case is closed ; if not , the violation is assigned to the appropriate abatement team and the property owner is charged for the work along with an adminstrative fee . If a hearing is necessary, a civil penalty may also be assessed to the property owner. Unpaid invoices , fees , and penalties can be sent to civil collection , which could result in a judgment lien against the property. Second (2 nd ), the Neighborhoods Division also enforces the vehicle ordinance. A vehicle is deemed abandoned if: one (1) it is located on public property illegally ; two (2) it is on public property without a license plate ; three (3) it is on public property and has not moved for three (3) days ; four ( 4) it is on public property and the engine , transmission or differential has been removed or dismantled; five (5) it is parked on public property and constitutes a hazard or i blocking traffic or a public right-of-way; six ( 6) it is on private property without consent of the owner; seven (7) it is on a private property and it hasn't moved and it's inoperable ; and eight (8) it is at least three (3) years old, is mechanically inoperable, and has not left private properly for more than twenty (20) continuous days. If a vehicle is detennined to be abandoned, it is tagged for removal and if the vehicle has not been moved in the prescribed number of days , the vehicle may be towed . Parking violation are also enforced by the eighborhoods D ivision and warning notices or tickets may be issued depending on the circumstances . While they do not usually tow vehicles for parking violations, vehicles that are blocking rights-of-way or fire hydrants can be referred to the SBPD for action, which could include towing. Third (3 rd ), the Neighborhoods Division enforces structure-related violations related to owner-occupied buildings and rental units. Owner-occupied buildings include residential , commercial , and industrial structures but do not include rental units. Violations are based on the International Property Maintenance Code and enforcement follows the procedures of the Indiana Unsafe B uilding law. Inspectors confirm violations and depending on severity the inspector issues a letter to the owner to address the violation within twenty-four (24) hours, ten (10) days , or thirty (30) days. If violation continues, then the property may be EXC ELLE NC E I ACCO UNT A BILIT Y INNOVA TI ON I INC LU SION I EMPOW ER MENT 455 County-City Building 1227 W Jefferson Blvd . I South Bend, Indiana 46601 I p 574 .235.9221 1 f. 574 .235.9173 f www .southbendin .gov , ~ ; CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK ticketed or sent to hearing for other enforcement, which may include a repair order, a demolition order, or a vacate and seal order. Fines and penaltie ma y be imposed. With respect to renta l units , the Neighborhoods Health and Housing Team with the Neighborhoods Di vision enforces the Rental Safety Verification Program (RSVP). RSVP inspections ensure that rental units meet the Internation al Property Maintenance Code and enforcement is pursuant to the applicable C it y Ordinance. RSVP violations may arise from a citizen or tenant complaints or a routine inspection; however, it may also result from a vo luntary request by the owner. Unles voluntary, a notice is sent to the owner to schedule inspection and if noncompliant, a weekly penalty may be assessed. If an inspection finds violation , then a remediation timeline is established and if vio lations remain unaddres ed, then a weekly penalty may be assessed. If the property passes an inspect ion, then the property can be certified as meeting R SVP s tandard s. Committee Vice Chair iezgodski aske d if this certification is a cetiificate of occupancy. Elizabeth Maradik sa id that certificates of occupancy are iss ued by the Building Department; the Neighborhoods Di v ision only issue s certificates that a property meets RSVP inspection standards. Committee Vice Chair iezgodski noted that if a unit is not certified then technically it should not be rented out. Elizabeth Maradik said those units would be noncompliant with RSVP standards. Committee Vice Chair Niezgodski asked if an owner continues to rent out a property that is not compliant with RSVP standards, what happens ? Eli za beth Maradik said that tho se unit s would be subject to continued weekly fines for noncompliance . Committee Vice Chair iezgodski asked about the role of the Building Department in dealing with properties that fail RSVP inspection. Elizabeth Maradik said that the Building Department process is separate from RSVP ; howe ve r, the Neighborhoods Department can condemn a building when it s deemed unfit for human occupancy. Committee Vice Chair I iezgodski asked about the procedures when a property owner is clearly violating vacate and seal order because she had attended a hearing where a hearing officer was a essing one thou and dollars ($1000) fines. Elizabeth Maradik stated that , depending on the circumstances , the hearing stage is the final stage of enforcement but that additional hearing s can be scheduled for non-compliance , which could result in additional civil penalties or court proceedings. Court proceedings may include injuctive relief or judgment liens issued against the property, which would be paid if the property is sold . Committee Vice Chair 1 iezgodski noted that the violations are civil, not criminal , and the violators can continue to violate and accrue fee and there is nothing else the City can do for enforcement. Elizabeth Maradik agreed with that statement. EXC ELL ENC E ACCO UNTABI LI TY I INNO VA TI ON I INC LUSION I EMPOW ER MENT 455 County-City Building 1227 W Jefferson Blvd. I South Bend, Indiana 46601 1 p . 574.235.9221 1 f. 574.235.9173 1 www southbendin .gov :..·~,.• If \i , .. ; CITY OF SO UTH BEND I OFFI CE O F T H E CIT Y C LERK Committee Chair White noted that one of the purposes of these discussions is to identify ways that the City can better address these issues . Committee Member Gooden-Rodgers asked about property on Linden A venue in South Bend that is not being mowed and results in debris being dumped there when the grass gets tall. Elizabeth Maradik said she does not know who owns the property and would need to look it up. Committee Member Gooden-Rodgers asked how long enforcement takes. Elizabeth Maradik stated that it varies depending on the type of violation. For environmental cases involving litter and debris, it can be relatively quick if the owner addresses the issue after receiving notice . Or it could have to go to hearing if the owner refuses to act. The goal of the eighborhoods Division is to have owners address problems because that is timelier and more efficient for all concerned. Committee Chair White then recognized Thomas Panowicz from the City Legal Department. Thomas Panowicz, Assistant City Attorney, Department of Law, with offices of the twelfth ( 12 th ) floor of the County-City Building , South Bend , I 4660 l , stated that the he was present today to determine what the Neighborhoods Committee wants to accomplish , to support those efforts with legal consultation , and to work with the Committee and Council Attorney Bob Palmer to address any legal issues . Committee Chair White stated that one area of review is looking to update current ordinances to not only comply with state law but also to improve procedures and increas e accountability. Thomas Panowicz agreed with that assessment and noted that many of the current ordinances are dated 1962 . C it y Attorne y Jenna Throw focuses on ordinance drafting and is looking forward to working with the Nei ghborhoods Committee to update ordinances . Committee Chair White stated that the y also want to look at best practices from other cities because other neighborhoods and cities are dealing with similar sitations , and investigating the creative ways that have been developed to address neighborhood issues within the limitations of state law. Thomas Panowicz said that it is a great idea to see what other cities have used and what has been successful. Committee Vice Chair Niezgodski stated that , for her, it is twofold. First (1 st), it is the time that it takes to enforce the current ordinance. For example , one ( 1) property has identified for more than a year and there are still problems. Committee Vice Chair Niezgodski noted that the Health Department has the power to condemn a property and believes that the County Police can remove a person who is violating a condemnation order. Can the SBPD remove someone who is violating a vacate order or not complying with RSVP ? ' Thomas Panowicz said that is a complicated question that will take sometime to research and answer. Code Enforcement focuses on structures and nuisances and not on individual behavior, EXC ELLE NC E I ACCO UNTABILIT Y I INNOVA TI ON I INC LU SION EMPOW ER MENT 455 County-City Building 1227 W Jefferson Blvd . I South Bend, Indiana 46601 I p . 574 .235 .9221 I f. 574 .235 .9173 1 www southbendin .gov s:~J CITY OF SOUTH. BEND I OFFICE OF THE CITY CLE RK .. ;, which is the focus of police action. He can refer the question to Kylie Connell who is the attorney for the police department , and can get back to the Committee. Committee Vice Chair Niezgodski asked, with regard to vacate and seal, is there any enforcement beyond fines for someone living in a property that has a vacate order. Thomas Panowicz said that when the goal is to remove a person from the property, then that would be a SBPD issue. Committee Member Gooden-Rodgers wanted to know what could be done to shorten some of the enforcement timelines because some of these procedures require multiple notifications and take too long. Thomas Panowicz said that changing the timelines would require ordinance amendments. Committee Member Gooden-Rodgers asked what type of photographs are necessary to spur enforcement. Thomas Panowicz stated that the standard of proof is dependent on what type of enforcement you are looking for. Depending on the level of enforcement there may be a greater need for authentication of photographs or documents . Committee Chair White opened the discussion for closing comments. Sgt. Bourn said, in reference to vehicles parking on lawns , while it may be an ordinance violation that can be enforced by Code E nforcement, he would recommend calling the police so they can document it and perhaps even raise to it to CPP violation . All that would be needed would be a call for service and th e responding officer ve rified that a vehicle was parked on the lawn . Committee Chair White thanked everyone for their participation and noted that the next meeting will involve comments from citizens about their concerns about quality of life. Committee Vice Chair Niezgodski thanked everyone for coming out today and noted that she and others are getting a lot of calls because it is the beginning of the summer months . Committee Vice Chair Niezgodski hopes that these efforts will result in greater efficiency and more responsiveness to problem properties . Committee Member Gooden-Rodgers thanked everyone for attending and noted that the information shared was very helpful. Committee Member Gooden-Rodgers encouraged everyone to attend a neighborhood cleanup starting on Rogers Street in District Two (2) on Saturday, June 28, 2025, at 8:00 A.M. Committee Member McBride thanked Committee Chair White for having this meeting and for everyone who participated. Committee Member McBride looks forward to continuing to work with the legal department and the Council Attorney to update the current ordinances , and wanted to recognize Sgt. Bourn , Tanisha Wells , and their staff in their efforts as we work together to ensure that every citizen is thriving with a good quality of life and living in decent homes. EXC ELL ENC E ACCOUN TA BILIT Y INNOVATI ON INC L US ION EM PO W ER M ENT 455 County-City Building 1227 W Jefferson Blvd . I South Bend, Indiana 46601 I p 574.235 .9221 I f. 574.235.91731 www.southbe ndin .gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK With no further business , Committee Chair Karen L. White adjourned the Residential Neighborhoods Committee working session at 4:41 P.M. Respectfully Submitted, Karen L. White , Committee Chair NOTICE FOR HEARING AND S IGHT IMPAIRED PERSONS Auxiliary Aid or Other Services ma y be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible EXC ELLE NC E I ACCO UNTABILITY I INNO VA TI ON I INC LU SION I EMPO WER MENT 455 County-City Building 12 27 W. Jefferson Blvd. I South Bend, Indiana 46601 I p 574.235.9221 1 f. 574.235.91731 www.southbendin.gov