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HomeMy WebLinkAboutAmend Section 13-75.5 - To define Ownership of Disorderly Houses and provide for security and safety of vacant buildingsORDINANCE No. s=40~, Passed by the Common Coaancil of the City of South Bend, Indiana August 13, 01 20 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Aiirnist 14, 20 01 City Clerk Approved and signed by me August 15 , 20 O 1 Mayor ORDINANCE NO. t 2~ ~ ~'~, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE TO DEFINE OWNERSHIP OF DISORDERLY HOUSES, TO PROVIDE FOR THE SECURITY AND SAFETY OF VACANT BUILDINGS, AND TO ENHANCE THE CITY'S ABILITY TO ENFORCE PROVISIONS OF THIS ORDINANCE. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code, to define ownership of disorderly houses, to provide for the safety and security of vacant buildings, and to enhance the City's ability to enforce provisions of this Ordinance. The Common Council of the City of South Bend determines that vacant buildings.constitute a public nuisance and have a deleterious effect on their surroundings and on the public health, safety and welfare if they are not adequately secured so as to prevent crime and activity which contributes to urban blight and a decrease in property values. The Common Council of the City of South Bend also recognizes that responsible property ownership increases economic viability and increases pride in the community. To these ends, the Common Council further recognizes that the City's ability to enforce the provisions of this Chapter must be enhanced. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 6, Article 5, Section 13-75.5 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 13-75.5. Disorderly houses; prohibited. (a) Definitions (1) For purposes of this section, disorderly house means a building, dwelling, establishment, premises or place where prohibited conduct occurs and it includes the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership. If the building, dwelling, establishment, premises or place is a multiple-unit dwelling or residence, hotel or motel, or commercial or office building, this definition applies onlytr~:l~es-tt~e to that dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, of store, lot or yard in or on which prohibited conduct occurs. For purposes of this section, owner means: ~ The recorded owner of the property, as determined by the records of the St. Joseph County Assessor's Office; Any party with an equitable interest in the property. provided that such equitable interest is recorded; and ~ The trustee of a land trust if the land trust holds title to such property. {~~ For purposes of this section, occupant means any person over sixteen (16) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred. For purposes of this section vacant means a building which is lacking the habitual presence of human beings who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased. {~}~ For purposes of this section, prohibited conduct means activities occurring in violation of the statutes or ordinances relating to any of the following: a. Gambling, as defined in I.C. 35-45-5-1; b. Battery, as defined in I.C. 35-42-2-1; c. Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8; d. Resisting law enforcement, as defined in I.C. 35-44-3-3; e. Disorderly conduct, as defined in I.C. 35-45-1-3; f. Criminal recklessness, as defined in I.C. 35-42-2-2; g. Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal Code; h. Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal Code, constitutes prohibited conduct whenever the City has obtained a jtrdget judgment or jtt~#ge~e~tts judgments upon three or more citations for violations of Section 13-57 of the South Bend Municipal Code against a particular building, dwelling, establishment, premises or place within a calendar year. Further, for purposes of this section, when a person or entity pays the fine for a loud and raucous noise citation-ts-pa~ie}, either in whole or in part, the person or entity paying the citation is deemed to have violated Section 13-57 of the South Bend Municipal Code and such a payment constitutes a errt judgment with respect to that particular citation.- i i. Failure to kee vacant ro ert secured a ainst ent ~ in violation of Sections 6-37 or 9-2 of the South Bend Municipal Code, or I.C. 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the City has issued a citation for the violation, issued an order to secure, or taken action to abate the condition. L Failure to comply with Section 16-53, (Conditions Constituting Public Nuisances) Section 16-58, (Duties of Owners orPersons in Control of Vacant Lots), or Section 16- 59 (Removal of Vegetation) of the South Bend Municipal Code constitutes prohibited conduct whenever the City has verified with the Department of Code Enforcement that such violation has occurred at the property three or more times within a calendar year. Such violation constitutes prohibited conduct regardless of whether the City has taken action to abate the condition or conduct and re ardless of whether the Cit has issued a citation for the violation. (b) Public nuisance. Whenever prohibited conduct as defined in subsection {3-) a of this section occurs in or upon a building, dwelling, establishment, premises or place, the City deems the building, dwelling, establishment, premises or placets-e}ee~ed-to be a disorderly house and eer~stita~es a public nuisance. (c) Notice to abate. Whenever the South Bend Police Department or the Department of Code Enforcement has probable cause to believe that prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the 1<eeel~e}eeF owner of the property ,and the occupants of the property that the building, dwelling, establishment, premises or place is a disorderly house and as such constitutes a public nuisance and that they must abate the public nuisance (d) Manner of serving notice. f~}etiee-The City shall ~e providee} notice to the ~eee~e~ owner of the property, ,and the occupants of the property in the manner provided by I.C. 36-7-9-25. Thew-City deems the owner of the property, ,and the occupants of the property are Beet responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice. (e) Penalty and injunctive relief. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance, the City may file an action in any court of general jurisdiction against the owner and/or occupants to enjoin the nuisance and to recover a fine of not less than two hundred ate fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) with each of violation constituting a separate offense. , 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. 1 st READING 7' 2.3-~~ PUBLIC HEAPING ~ ~3'Q ~ 3 rd READING ~- \Z -~~ NOT APPROVED REFERRED PASSED O -~3 -~1 Member of the Com 1~~ Clerk's ®ffic~ ~(~~. t ~ Zo~l LOR~ITAJ. D91Dr~ Crrr CLERK, ». E1~1~3C.6~r> COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 65-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE TO DEFINE OWNERSHIP OF DISORDERLY HOUSES, TO PROVIDE FOR THE SECURITY AND SAFETY OF VACANT BUILDINGS, AND TO ENHANCE THE CITY'S ABILITY TO ENFORCE PROVISIONS OF THIS ORDINANCE 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 Udjak Chairman CITY OF SOUTH SEND STEPHEN J. LUECKE, MAYOF, OFFICE OF THE MAYOR July 18, 2001 Ms. Charlotte Pfeifer, President South Bend Common Council County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Proposed Amendment to Section 13-75.5 of the South Bend Municipal Code Dear Ms. Pfeifer: Attached for filing with the South Bend Common Council, please find a proposed bill to amend the current Disorderly House Ordinance, found at Section 13-75.5 of the South Bend Municipal Code As you may be aware, the Disorderly House Ordinance has been used very effectively by the Police Department, Legal Department, and members of the Mayor's Neighborhood Task Force to protect the health and safety of citizens in our community. It encourages property owners to rent to responsible tenants, and it enables responsible citizens and City officials to work together to create safe neighborhoods. As the Chair of the Mayor's Neighborhood Task Force, I have seen this Ordinance used very effectively as a tool to promote public safety, and to educate property owners and residents. The proposed amendments would allow the City to address vacant property and property that is continually kept in such a condition so as to create a public nuisance. I would greatly appreciate it if the Common Council would favorably consider this proposed ordinance. If you should have any questions regarding this matter, please do not hesitate to contact Assistant City Attorney Ann-Carol Nash or me. Sincerely, i Lynn Coleman Assistant to the Mayor bz Enclosure cc: Mayor Luecke Chief Bennett Kathleen Davis Ann-Carol Nash filed In Cler~s`~ office ,J ii ~. ~! S? ~QO~ ~ z LOR~AJ• ~~ t ~ C1.'ER"~+~ti.Il Y.~. X87, ~ COUNTY-CITY BUILDING • SOUTH BEND, INDIANA 46601 PHONE 219/235-9261 • FAX 219/235-9892 • TDD 219/235-5567