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HomeMy WebLinkAboutSupplementing Municipal Code Chapter 20 Vacant Structures and Proving for a PenaltyORDINANCE No. 5198 -70 Passed by the Common Council of the City of South Bend, June 22 Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 23, , ,70 Approved and signed by me I .-- ( Clerk vacant structures ORDINANCE NO. 5198 -70 AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 4268 -59 (Municipal Code Chapter 20) BY ADDING A NEW ARTICLE DEALING WITH VACANT STRUCTURES AND PROVIDING FOR A PENALTY. AS AMENDED BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That Ordinance No. 4268 -59, adopted July 13, 1959, (being Chapter 20 of the Municipal Code adopted October 14, 1963) be supplemented by adding at the end thereof a new Article III, reading as follows: ARTICLE III "Sec. 20 -31 LEGISLATIVE FINDINGS OF THE COUNCIL The Council of the City does hereby find, deter- mine and declare that there are and have been within the City, vacant structures which have re- mained completely or partially open to the public by reason of the owner's failure to adequately secure the same, that the vacant interiors of such structures are used by trespassers as places of habitation and are frequently damaged or de- stroyed by fire, that the entryways to such structures are used for the deposit of and become foul with human waste, garbage, and debris; that signs and marquees located on or above the public right -of -way become unkempt and unsound; that any and all of such conditions constitute public nuisances which adversely affect the public health, safety and general welfare, contribute to the decay of commercial and residential areas, dis- courage the most appropriate use and development of land, and hinder civic improvement. Sec. 20 -32 APPLICATION OF THIS ARTICLE This article shall apply to any structure or any portion of a structure which remains vacant and unoccupied for a period in excess of 30 days. The incidental use of any vacant structures for storage purposes shall not be deemed to exempt it from the provisions of this article. Sec. 20 -33 DEFINITIONS Whenever used in this article the following words shall mean: barricade fronting upon the public right -of -way shall be covered with a weather- resistant paint or stain. Sec. 20 -36 REMOVAL OF SIGNS Any sign attached to or mounted on any such vacant structure which extends above, over or upon the public walkway or street and which, in the opinion of the Building Commissioner, is unsafe, unsightly or in need of repair, shall be removed, on order of the Building Commissioner. Sec. 20 -37 ENFORCEMENT The violation of any provision of this article is hereby found and determined to constitute a public nuisance which shall be abated as follows: a) When ever the Building Commissioner deter- mines that a vacant structure is being maintained in violation of any provision of this article he shall give to the owner of said structure written notice specifying the violations and indicating the corrective action required under this article. The notice shall order the owner to complete the corrective action required not later than 15 days after the date on which the notice is mailed. The notice shall state that if the corrective action is not completed within the 15 day period: the work will be completed by the Building Commissioner; or, in appropriate cases, that the structure will be demolished; and the costs of such work assessed against the property as a lien; or, that penal action will be taken. b) Any owner or other interested person having any abjection to or feeling aggrieved by the order of the Building Commissioner may appeal such order by filing with the Clerk of the Board of Public Works and Safety a request that the matter be set for an appeal hearing by the Board of Public Works and Safety. Said Board shall hear such appeal as expeditiously as possible, and either confirm, modify, or rescind the order of the Building Commissioner. Any person or corporation who may be aggrieved by the final action taken by the Board of Public Works and Safety may take an appeal therefrom as provided by Burns' Indiana Statutes, Sec. 47 -6147. c) The violation of any provision of this article, or the refusal to comply with a final order of the Building Commissioner or of the Board of Public Works and Safety if an appeal is taken, shall be a misdemeanor, punishable as other misdemeanors defined by the South Bend Municipal Code. Building Commissioner: The duly appointed and acting Building Commissioner of the City of South Bend and any of his subordinates to whom he may have delegated the duties and responsi- bilities imposed upon him by this article. Sian: Shall include any sign, marquee, awning, billboard, name plate, advertising device or any other object which projects over, above or on any portion of the public easements, or which might constitute a public hazard to the public easement, whether directly attached to a structure or not. Structure: Any building, regardless of the purpose for which built, intended or used, or any other type of improvement or fixture on real estate, including but not limited to towers, bridges, flag poles, television anten- naes, billboards, chimneys, water tanks, steeples, poles, platforms, basements, shelters, etc. Sec. 20 -34 SECURING PREMISES 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 re- placed or shall be covered by boards, plywood, hardware cloth or other material which will effectively bar entry to the structure. c) All other openings into the structure which are readily accessible to trespassers shall be closed by boarding or such other means as shall be acceptable to the Building Commissioner. Sec. 20 -35 BARRICADING OF ALCOVES AND ENTRY COURTS Any alcove, entry court or stairwell of a structure fronting on the public right -of -way which has a hori- zontal depth of two or more feet (measured from the edge of the public right -of -way) shall, upon order of the Building Commissioner, when, in his opinion, the public health, safety or general welfare requires that such action be taken, be closed by the erection of a solid barricade extending from edge to edge of the alcove or entry court. The barricade shall be located not less than one foot from the edge of the public right -of -way nor more than one foot behind the front wall of the structure. The barricade shall be con- structed of tight boards or one -half inch plywood and shall be of a height of not less than eight feet above the front grade of the alcove or entry court. Doorways may be cut in the barricade if they are pro- SECTION II. This ordinance shall be in full force and effect from and after its passage and publication accord- ing to law. Ist & 2nd READING 6 -8 -70 COMMITTEE OF THE WHOLE PUBLIC HEARING 6 -22 -70 3rd READING 6 -22 -70 NOT APPROVED REFERRED PASSED 6 -22 -70 FILED IN CLERK'S 9FFICE MAY 2 0 1910 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. (lommUftr 3�rpnrt & t4e fQomowa Coiwra of tht TUH of $md4 wrttd: Your Committee of the Whole to whom was referred June 22, 1970 AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 4268 -59 (Municipal Code Chapter 20) BY ADDING A NEW ARTICLE DEALING WITH VACANT n. STRUCTURES AND PROVIDING FOR A PENALTY., 0+ Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council favorable as amended. Z'6tl�' Z' "4 Chairme I... Fl.tl. a co.