HomeMy WebLinkAboutAmend Sections 8, 13 and 25 of Chapter 30 Referring to Trees and ShrubsORDINANCE No. 4562 - - -63
Passed by the Common Council of the City of South Bend,
MARCH 11, ,,, 63
Clerk
of Common Council
Presented by me to the Mayor of the City of South Bend,
MARCH 12, ,� 63
Approved and signed by me MARCH 12, �9 63
Clerk
IDEAL 60JEW PRESS
ORDINANCE NO.��� 3
AN ORDINANCE TO AMEND SECTIONS 8, 13, and 25 OF
CHAPTER 30 OF THE GENERAL ORDINANCE NO. 3709
SAID CHAPTER 30 REFERRING TO TREES AND SHRUBS
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA:
SECTION I. That Chapter 30, Section 8 of the General Ordinance
No. 3709 is hereby amended to read as follows:
SECTION 8. Same -- Assessment of costs against
noncomplying owners.
In the event abutting owners fail to comply with orders
of the board within the period granted, the Board may
perform such work with its own forces and employees.
The actual cost of such work, which shall not exceed
the above mentioned estimate, shall be assessed against
the abutting lots of such owners. The Board shall notify
such owners of the cost and assessment of such work.
Such cost and assessment shall constitute a lien on the
abutting lots and shall be payable, without notice, at the
office of the City Treasurer at the next regular tax-
paying time notice has been given of such costs and
assessments. If such amount is not paid when due, it
shall be enforceable by foreclosure in the same manner
as the assessments made for street and sidewalk im-
provements in cities of the first class. The amount of
such costs and assessments shall become a part of the
funds of the Board when collected.
SECTION II. That Chapter 30, Section 13 of the General Ordinance
No. 3709 is hereby amended to read as follows:
SECTION 13.
account to be
date oavable;
Board to Act if owners fail to comply;
:ept: cost to be lien on property; notice
manner
sition
6111V.14..
If any owner of real estate fails to comply with the orders
issued either by the Board or the Superintendent of Parks
under the provisions of this chapter within the period of
time specified in such orders, except such resolution,
orders and notices as may be issued under Section 7 of
this chapter, the work required by such orders may be
done by the Board with its own employees. The Board
shall keep an accurate account of the costs and expenses
SECTION III
of doing such work and such costs and espenses shall
be a lien on the real estate on which such work is done
or on the real estate abutting the tree and lawn area or
the public street upon, along or within the limits of
which such work is done. The Board shall give written
notice of such amount to each such owner. The amount
of such costs and expenses shall be placed on the tax
duplicate and collected at the next regular tax - paying
time after notice of amount has been given in the same
manner that taxes are collected. The amount of such
costs and expenses shall become a part of the funds of
the Board when collected.
That Chapter 30, Section 25 of the General Ordinance
No. 3709 is hereby amended to read as follows:
SECTION 25. Noncompliance a misdemeanor.
In addition to the liability of cost as above provided,
upon default of any owner to comply with any orders
issued either by the Board or the Superintendent of
Parks pursuant to the provisions of this Chapter, the
failure shall constitute a violation of the provisions
of this Chapter and the owner shall be subject to the
penalty as provided in Section 15 of Chapter 1 of this
Code.
SECTION IV. This Ordinance shall be in full force and effect from and
after its passage by the Common Council, its approval
by the Mayor and the fulfillment of all statutory require-
ments relating thereto.
W& 2nd READING 8 4o_
COMMITTEE OF THE WOLF
PUBLIC HEARING ► //b
3rd READING
NOT A.PROVED
REFERSED
WASSED I//I/��
Member of the Common Council
b
AUG ' 3S2 .
6. E Z
C;; OF SOUTH BEND ;E
FR,,p, O, NOBLE, CLERK
(IIm utitur arvan
010 the (90 u m (Qouarit of thr Tug of Jmutli wtuix
Your Committee OF THE WHOLE,
to whom was referred
AM ORDINANCE TO AMEND SECTIONS 8, 13 and 25 OF CHAPTER 30 OF THE GENERAL
ORDINANCE NO. 3701, SAID CHAPTER 30 REFERRING TO TREES AND SHRUBS,
Respectfully report that they have examined the matter and that in their opinion
IT SHOULD BE REPORTED ./-
"Ia�"irman