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HomeMy WebLinkAboutAmending Variou Sections Chapter 13 Addressing Chronic Problem Property RegulationsORDINANCE No. 10339 -14 Passed by the Common Council of the City of South Bend, Indiana November 10, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana November 12, JOHN 20 14 Approved and signed by me PC' -)Q-m Lw ( Z 20 -L�_ Clerk wt of Common Council Clerk �4�F�N rw Bill No. (90 A Ordinance No. L(0331-1 Y AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232 -13. That ordinance created chronic problem property regulations, which have to date successfully addressed many of those problem properties throughout the city. This ordinance is aimed at improving the city's current regulations by placing responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, by creating fair and reasonable methods to address chronic problem properties which are located in commercial, industrial or PUD zoned areas. a, J/ �ri /aiurc / % //, 1oml cii ru ✓iii /c� //r �/� c� cd/ ffewd. ✓ /l< /iGllQy al� / /acr�1: Section I. Section 13 -156 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: 1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and /or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department and/or the Law Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or Chronic Problem Property Ordinance Amendments Page 2 3. A combination of valid complaints and /or ordinance citations issued by a sworn member of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters by the Code Enforcement Department as further addressed in ¶ 2 herein, which together total not less than five (5) in number issued in a sixty (60) calendar day period. However, in the event that a property consists of more than fifty (50) dwelling units which are rented or intended to be rented and are located on a single parcel or lot for which a postal address exists or may exist for each individual unit including residential rental properties, hotels, motels, or other similar properties offering overnight lodging, such address for a property shall not be considered as a chronic problem property until it has been issued more than twelve (12) verified complaints, ordinance citations, letters seeking compliance involving nuisance activity, as further addressed in ¶ 1 through ¶ 3 herein, in any ninety (90) day period. If a property is zoned commercial as defined in Article 3 of Chanter 21 of the South Bend Municipal Code; or is zoned industrial as defined in Article 4 of the South Bend Municipal Code, or is zoned as a Planned Unit Development (PUD) as defined in Article 5 of Chapter 21 of the South Bend Municipal Code, the provisions of (b) 1, 2, and 3 of this Section are the criteria for a chronic problem property. (c) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (d) City means the City of South Bend, Indiana. (e) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (f) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (g) Valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. (h) Warning notice shall be a written document sent by the South Bend Police Department to any property owner who has received three (3) citations and/or valid complaints from the City Chronic Problem Property Ordinance Amendments Page 3 City warning said owner, and the manager /operator who is doing business at that location that upon receiving five (5) such citations and /or valid complaints in a sixty (60) day period that their property would be deemed a chronic problem property. Section It. Section 13 -157 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -157 Violations; Notification and Limited Appeals of Being Designated by the City as a Chronic Problem Property.' (a) The owner of any property within the city of South Bend which is designated by the City as a chronic problem property, as defined in Sec. 13 -56, is in violation of this Article. The property owner of any designated chronic problem property shall be responsible for bringing such property into compliance with all governing regulations. However, in the event that such chronic problem property is zoned as commercial industrial or planned unit development as defined in Sec. 13 -56 the manager /owner /operator who is doing business at that location are jointly and severally responsible for bringing such property into compliance with all governing regulations. (b) The South Bend Police Department shall send a warning notice letter to any property owner, and in the case of the property being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location, when the property address has been subject to three (3) verified complaints and /or ordinance citations and /or letters issued by the Police Department, the Code Enforcement Department and /or the Law Department, advising said ewxer person that when the City verifies that said number increases to the thresholds in the definition of a chronic problem property, it shall be so designated. The Police Department, the Code Enforcement Department and the Law Department shall update their data on a regular and consistent basis and electronically transmit it to the assigned police officer(s) of the South Bend Police Department whose responsibilities include overseeing the warning notice letter process. (c) When designating a specific property as a chronic property, the assigned police officer(s) in the South Bend Police Department, shall review and verify: The number of police documented calls for services, the number of verified complaints and ordinance citations issued by the Police Department to a property address in the applicable sixty (60) or ninety (90) day period; and 2. The number of ordinance citations and /or compliance letters sent by the Code Enforcement Department and the number of compliance letters sent by the Indiana Code § 36 -1 -1 through Indiana Code § 36 -1 -10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Property Ordinance Amendments Page 4 Police Department and the Law Department to a property address in the applicable sixty (60) day or ninety (90) day period. Once designated as a chronic problem property by the assigned police officer(s) in the South Bend Police Department, said property shall remain so designated and tracked on a computerized matrix for compliance /enforcement purposes for one (1) year from the date of designation. Said assigned police officer(s) shall see that the matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a verified complaint or code violation for a period of not less than three hundred sixty five (365) continuous days, unless credited per the regulations set forth in Section 13 -158. Additionally, any and all fines and repeat nuisance service call fees associated with the designated chronic problem property must have been paid in full for removal from the matrix. (d) The South Bend Police Department shall notify in writing to the property owner, and in the case of the property being zoned commercial, industrial or planned unit development to the manager /owner /operator who is doing business at that location, that his/her property location has been designated as a chronic problem property. Said notification shall be delivered in person by an individuals designated by the City by leaving a copy of the notification personally to the person to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner, and in the case of the property being zoned commercial, planned unit development to the manager /owner /operator who is doing business at that location, by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business, or in the case of the propert y being zoned commercial, planned unit development to the manager /owner /operator who is doing business at that location which is on record in the assessor's office or other public office including but not limited to the Area Plan Commission, Office of the City Clerk, and /or the Department of Administration and Finance Business Licensing Division. This notification shall identify: 1. The property owner, and in the case of the property being zoned commercial, industrial or planned unit development to the manager /owner /operator who is doing business at that location, and list the specific address that has been designated as a chronic problem property; 2. The number of police documented calls for service involving verified complaints, the number of ordinance citations issued, the number of letters issued by the Police Department, Code Enforcement Department, and /or the Law Department, or any combination thereof which have occurred on said property in the applicable sixty (60) or ninety (90) calendar day period; Chronic Problem Property Ordinance Amendments Page 5 3. The cost(s) which may be incurred if there are any future verified police documented calls for service to the property; 4. The cost(s) which may bet be incurred for any future background investigations and /or issuance of letter(s) by the Police Department, the Code Enforcement Department, and /or the Law Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner and in the case of the property being zoned commercial, industrial or planned unit development to the manager /owner /operator who is doing business at that location designated as a chronic problem property may contact if he /she has questions regarding the notification; and 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation. (e) Copies of the written notice sent by the South Bend Police Department on each proper address designated as a chronic problem property shall be simultaneously sent electronically to the Law Department, the Code Enforcement Department, Office of the City Clerk, the District Council Member who represents the District where the subject property is located, and all At Large Council Members. (f) The City deems the owner of the property and the residential occupants of the property, and in the case of the property being zoned commercial, industrial or planned unit development to the manager /owner /operator who is doing business at that location responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property. 2 (g) A Hearing Officer is authorized to hear limited appeals from owners of a property, and in the case of the property being zoned commercial, industrial or planned unit development to the manager /owner /operator who is doing business at that location who have been designated by the City as a chronic problem property. Said appeal shall be limited to the verification of whether said owne ep rson has reached the requisite and applicable number set forth in Section 13 -56 (b) to be a The wording in this paragraph is similar to that set forth in Section 13 -75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Property Ordinance Amendments Page 6 designated as a chronic problem property. A hearing before the Hearing Officer for such limited appeals must be held within thirty (30) calendar days of the appeal being filed. Written notice of the date, time and location shall be mailed or personally delivered by the City to said ewner ep rson of record. The decision of the Hearing Officer shall be the final administrative action for purpose of judicial review. Section III. Section 13 -158 Remediation Agreements — Proactive Measures to Reduce Time Designated as a Chronic Problem Property of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of new paragraph (f) which shall read in its entirety as follows: (f) In the event that a property is zoned commercial industrial or planned unit development and has been designated as a chronic problem property, the manager /owner /operator who is doing business at that location shall be required to enter into a Remediation Agreement consistent with the provisions of this Section. Section IV. Section 13 -161 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended to read in its entirety as follows: Section 13 -161 Intimidation and Threats by Property Owner /Manager /Operator Prohibited.3 If any person reports to a City employee or agent that he or she believes that he /she has been intimidated or threatened by the owner or owner's agent, manager or operator of a business doing business in the city, if he or she files a complaint or reports an alleged violation of this Article, the City employee or agent shall encourage the person to report such alleged intimidation or threat to the South Bend Police Department for further action. Section V. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Sco , 'C�oi�em er South Bend Common Council 3 Indiana Code § 35 -45 -2 addresses "Offenses Relating-to Communications" including but not limited to intimidation, harassment and the interference with the reporting of a crime. Chronic Problem Property Ordinance Amendments Page 7 Office of the City Clerk lbl�� X Karen L. White, Council Member at Large South Ben Common Council Derek D. Dieter, C oun'ci er at Large South Bend Common Council Voting in Favor 4— Voting in Opposition me /i Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the IbWVayof 2014, at I -'' o'clock4.m. _ 151 READING ?UBLIC HEARING rd READING [J- -L0-1y ,' -9T APPROV0 1FERRED y ?ASSED C ��Q�l -6orr. Janic alboom, Deputy Clerk nre OR de I ?_ Ay r/ /JOV_z.r lei✓ , 20 a/ s� Pete Buttigi Mayor of the Ci of South Bend, Indiana Fifes A ; dice CITY t SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 60 -14 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS 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. This bill was heard by the Health & Public Safety Committee. Valerie Schey Chairperson, Committee of the Whole City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http: //w ..southbendin.gov Oliver J. Davis October 21, 2014 President Members of the Common Council Derek D. Dieter 4m Floor County -City Building Vice - President South Bend, Indiana 46601 Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Re: Chronic Problem Property Regulations Dear Council Members: On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232- 13 which created chronic problem property regulations in the City of South Bend. Those regulations have been in effect since October 15, 2013, and have made a significant impact on reducing excessive calls for service to many properties located throughout the City. Those regulations have helped to reduce some of the undue burden on the City's public safety officers who respond to the majority of these nuisance type calls. We have been working closely with Officer Keenan Lane of the South Bend Police Department who is the primary point - person for the implementation of these regulations. He has shared the need for the amendments which are proposed in the attached ordinance. Basically the amendments would place responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas, in an effort to minimize excessive service calls to those establishments. We have also worked with the Law Department on these proposed amendments, and recommend that the proposed ordinance be referred to the Health and Public Safety Committee for review and recommendation, and that a public hearing on these proposed amendments be set for Monday, November 10`h. Thank you. ost sine r� .,_, Tim Scott,, I" District Com�/�KunC� ember Derek D. Dieter, At Large Common Council Member _Z e5 ✓ aren L. White, At Large Common Council Member J0MP3