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HomeMy WebLinkAboutAmend Chapter 6, Article 8, Section 37 - amend provisions of existing property maintenance codeORDINANCE No. 9275-01 Passed by the Common Council of the City of South Bend, Indiana October 22, Attest: Attest: 01 20 Presented by me to the Mayor of the City of South Bend, Indiana (~rtobPr 3, 20 01 City Clerk President of Common Coicncil City Clerk Approved and signed by me October 23, 20 Q1- ORDINANCE N0. 12-'1 S'" Q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Section 6-37 of the South Bend Municipal Code, to amend certain provisions for privacy established by the International Property Maintenance Code, 2000 Edition, published by the International Code Council (ICC). The Common Council of the City of South Bend determines that it is necessary to clarify those spaces which may be used for sleeping quarters and provide for privacy by incorporating into the City of south Bend's existing property maintenance code language from the commentary sections of the International Property Maintenance Code. The purpose of this ordinance is also to amend Section 6-37 of the South Bend Municipal Code, to designate the Board of Public Works as the Board responsible for the Department of Code Enforcement for purposes of establishing the administrative expenses and performance bonds provided by the Unsafe Building Act. The Common Council acknowledges that Department of Code Enforcement is responsible for enforcing the Unsafe Building Act, and that at administrative hearings the Hearing Officer often requires the posting of performance bonds pursuant to I.C. 36-7-9- 7. The Common Council further determines that the Department of Code Enforcement must recover its average processing expenses pursuant to I.C. 36-7-9-12 when it is required to have demolitions or other work performed to effectuate an order issued under the Unsafe Building Act. The Common Council of the City of South Bend acknowledges that the Unsafe Building Act requires that performance bonds and average processing expenses are to be established by the board or commission having control over the department responsible for enforcing the Unsafe Building Act. The Common Council finds that the Board of Public Works has the expertise to determine the maximum amount of performance bonds and the average processing expenses which should be required under the Unsafe Building Act. SECTION I. Chapter 6, Article 8, Section 6-37, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 6-37. Property Maintenance Code. (b) Additions, modifications and deletions. The provisions of the 2000 Edition of the International Property Maintenance Code, adopted by subsection (a) shall be modified, added to or deleted so that the following articles, sections or subsections shall read as follows: (8) Sections 305, 306.3, 306.4 and 306.5 shall be deleted in their entirety. (8.1) Section 404.1 shall be modified to read in its entirety as follows: Privacy. Dwelling units hotel units rooming units and dormitory units shall be arranged to provide privacv~and be separate from public areas or commons areas or any other ad~oinina spaces. ' (8.2) Section 404.4.1 shall be modified to read in its entirety as follows: Prohibited occupancy Kitchens living rooms dlnina rooms, other public or common areas and nonhabitable spaces shall not be used for sleeping purposes (9) Section 602.3 shall be modified to read in its entirety as follows: Heat Supply: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. (f) The Board of Public ~-p Works shall be the Board with control over the Department of Code Enforcement for purposes of setting performance bonds and processingexpenses provided under the Unsafe Building Act, and shall have the responsibility for fixing the average "processing expense" and a schedule of performance bonds as provided in the Unsafe Building Law. ***************************************** SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. ~c~~ Member of the Common uncil 1st READING \ _2 `-~ I PUBLIC HEARING ~Q-LL-oI 3 rd READING ~b_Z,2-'4~ NOT ApQROVED REFERRED ~ ' PASSED ~ a ' L7'~ ~lle~ ~~ aCl~~'c~'~ ®f~e~ C+'71/ CURE;, :~. ~at~), CPS, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 93-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Andrew Udj ak Chairman 130U COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 September 17, 2001 Ms. Charlotte Pfeifer, President South Bend Common Council County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Proposed Ordinance to Amend Section 6-37 of the South Bend Municipal Code Dear Ms. Pfeifer: Enclosed please find a proposed ordinance to amend Section 6-37 of the South Bend Municipal Code. The purpose of this proposed ordinance is to specify certain privacy requirements within the existing property maintenance codes with respect to areas that may be used for sleeping purposes. The purpose of this ordinance is also to allow the Board of Public Works to be the board responsible for the Department of Code Enforcement for purposes of establishing expenses and performance bonds provided by the Unsafe Building Act. This proposed appointment of the Board of Public Works would facilitate the City in conforming with the requirements of the Unsafe Building Act, which requires that performance bonds and processing expenses be established by a board responsible for the department which enforces the Unsafe Building Act. Assistant City Attorney Ann-Carol Nash or I will be presenting this ordinance to the Common Council at its public hearing. Either of us would be pleased to answer any questions or concerns you may have. I would appreciate your favorable consideration of this ordinance. CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF CODE ENFORCEMENT KATHLEEN J. DA51T5, CCEO DIRECTOR PHONE 219/ 235-9486 FAx 219/235-7703 TDD 219/ 235-5567 Sincerely, r K thleen J. Davis irector bz Enclosure cc: Ann-Carol Nash, Common Council Attorney F~le~ ~:1~ ~I~l? ~.'~ ~f~i~~ ~~~ ~ ~ BOOS 1_ LOR~:TT~ J. DLCFa CITY CLER:~, ~ti. Q:tP~la, Itl.