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HomeMy WebLinkAboutAmending Chapter 11 Generally Known as the Housing & Maintenance CodeORDINANCE No. 6136 -77 Passed by the Common Council of the City of South Bend, Indiana April 13 -1g77 IRENE K. GAMMON City Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 14 1977 IRENE K. GAMMON Approved and signed by me / i� 19-i 7 Clerk ORDINANCE NO. ( l �6 (,- `7 9 AN ORDINANCE AMENDING CHAPTER 11, GENERALLY KNOWN AS THE HOUSING AND MAINTENANCE CODE, ESTABLISHING MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR LIGHT, VENTILATION, SPACE HEATING AND SANITATION; FOR SAFETY FROM FIRE, FOR SPACE, USE AND LOCATION; AND FOR SAFE AND SANITARY MAINTENANCE; FOR COOKING EQUIPMENT IN ALL STRUCTURES NOW IN EXISTENCE; FIXING THE RESPONSIBILITIES OF OWNERS, OPERATORS AND OCCUPANTS OF ALL STRUCTURES; PROVIDING FOR ADMINIS- TRATION, ENFORCEMENT AND PENALTIES. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 11, Article 1, Sec. 11 -1(b) is deleted in its entirety and a new Sec. 11 -1(b) is adopted in lieu thereof as follows: (b) BOCA Basic Housing - Property Maintenance Code; amendments; additions; modifications; deletions. (1) Section H -102.1 shall be deleted in its entirety without substitution. (2) Sections H -120.1 through H -141.0 are deleted in their entirety and substi- tution shall be had by reference to Sec. 11 -1(c) as hereinafter provided. (3) Section H -323.8 shall be amended to read as follows: "Every door available as an exit shall be capable of being opened from the inside easily and w4 :theat the ase e€ a key." SECTION II. follows: Chapter 11, Article 1, Sec. 11 -1(c) is added as (c) Pursuant to the authority granted by the Indiana General Assembly through the Acts of 1973, Public Law 181, the City of South Bend, Indiana, does hereby adopt the Unsafe Building Law, being Indiana Code 18- 5 -5.5 -1 - 18- 5- 5.5 -20 (1976 Ed.). SECTION III. Chapter 11, Article 1, Sec. 11 -1(d) is added as follows: (d) The Bureau of Buildings and Permits, Division of Substandard Buildings, is hereby designated as the unit of government which shall administer the pro- visions of the Unsafe Building Law. The Commissioner of Buildings shall be the chief administrative officer responsible for the administration of the Unsafe Building Law. SECTION IV. Chapter 11, Article 1, Sec. 11 -1(e) is added as follows: (e) The Board of Public Safety shall have the respon- sibility for fixing the average processing expense as provided in section 16 of the Unsafe Building Law. * words deleted - - -- * words added underlined SECTION V. Chapter 11, Article 1, Sec. 11 -1(f) is added as follows: (f) Notwithstanding any provision of the Unsafe Building Law, the term "substantial property interest" as used therein shall mean any right in real estate susceptible of being affected in a substantial way by actions authorized by the Unsafe Building Law, including a fee or future interest, life estate interest, present posses- sory interest or equitable interest of a contract purchaser. SECTION VI. as follows: Chapter 11, Article 1, Sec. 11 -1(g) is added (g), (1) As provided by section 17 of the Unsafe Building Law a fund designated as the "Unsafe Building Fund" shall be established in the operating budget of the Division of Substandard Buildings. Any balance re- maining at the end of any fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. Moneys for such fund may be received from any source, including appropriations by the Common Council, state or federal legislative authority, and donations. (2) As further provided by section 17 of the Unsafe Building Law, the Commissioner of Buildings may take action to transfer all or any part of any money which may exist in the "building demolition, repair and contingent fund" created by Indiana Code 18 -5 -5 -7 (1976 Ed.) to the unsafe building fund. (3) Moneys included in the unsafe building fund shall be used in accordance with the provisions of section 17(d) of the Unsafe Building Law. (4) Payment of moneys from the unsafe building fund shall be made in accordance with applicable law. SECTION VII. Severability. If any provision, section, or part of any section of this ordinance is declared to be invalid or unconstitutional, such decla- rations shall not be construed to affect any of the other provisions, sections, or part of sections herein, and the remainder of the ordi- nance shall not thereby be invalidated. SECTION VIII. This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor and legal publications. IlaI signed only to provi opportunity icr public and Council action on t .,tc : ZING ? r�C n APPROVED REFERRED PASSED _ :� - 2 - r of the Common Council to an discussion ie issug., f'iLED CHICE FF G 2 � q Irene Gammon CITY CLERK, SOUTH BEND, IND. CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 10 OUT04�, LIJ Y4- IND 10 N Thomas J. Brunner, Jr. February 23, 1977 219/284-9241 City Attorney Robert M. Parker Chief Deputy South Bend Common Council 4th floor Council Chambers County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: Ordinance Adopting Unsafe Building Law To Members of the Common Council: The attached ordinance provides for the adoption by the city of I.C. 18-5-5.5 which is the unsafe building law statute adopted by the legislature in 1973. The statute is applicable to-first-class cities, but provides for adoption by second-class cities by appropriate ordinance. The adopting ordinance as required by the statute designates the unit of government to administer the law which will be the Bureau of Buildings and Permits. Other provisions in the ordinance are required by various provisions of the statute as to definition of substantial property interest and establishment of the unsafe building fund. At the present time the city is limited in its recourse to legal remedies to require enforcement of building standards. Our only efficient remedy has been that of the demolition and this has only served to deplete the housing stock of the community and has had little effect in causing upgrading of salvageable housing. The administration believes that it is necessary that a program be formulated to assist in keeping the present housing stock and maintaining properties on the tax rolls. The Bureau of Substandard Housing estimates that approximately one-third of the 153 houses demolished in the city in 1976 could have been saved if timely code enforcement procedures could have been instituted prior to the irreversible deterioration of the properties. One of the important points of the new ordinance will be the creation of the position of a hearing officer who will be charged with carry- ing out the administrative enforcement provisions of the unsafe building law. Information as to unsafe structures will be referred to the hearing officer for notice and hearing as to steps which can be taken to preserve the unit. The hearing officer will hear the evidence of the condition of the property and can direct and order the owner to remedy specific deficiencies. The new statute provides for several remedies which can be used, both administrative and judicial. The hearing officer may require a cash performance bond to insure compliance with the repair order and if the city performs the repairs, it may recover a personal judgment against the owner for the costs of the repairs. Judicial remedies which are available include the right of injunction, civil forfeitures up to $1,000, appointment of receiver and personal judgment for cost of repair work performed by the city. Sincerely, Robert D P rker Chief Deputy City Attorney Id'" z/• Sanf4A M. Brook Deputy City Attorney TommUttr Irport Rio t4t ffommon (fonnril of t4r (gi#g of Ovr44 Vrnb: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 11, GENERALLY KNOWN AS THE HOUSING AND MAINTENANCE CODE, ESTABLISHING MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR LIGHT, VENTILATION, SPACE HEATING AND SANITATION: FOR SAFETY FROM FIRE, FOR SPACE, USE AND LOCATION: AND FOR SAFE AND SANITARY MAINTENANCE; FOR COOKING EQUIPMENT IN ALL STRUCTURES NOW IN EXISTENCE; FIXING THE RES- PONSIBILITIES OF OWNERS, OPERATORS AND OCCUPANTS OF ALL STRUCTURES; PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES. Respectfully report that they have examined the matter and that in their opinion THIS BILL BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman FRE[ PRESS 04,AffiFfiU PUBLISHING CO.