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HomeMy WebLinkAboutAmending Section 6-37 Addressing Vacant Building Maintenance & RegistrationORDINANCE No. 10347 -15 Passed by the Common Council of the City of South Bend, Indiana Attest. February 9, 20 15 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana February 10, 20 15 City Clerk President of Common Council Approved and signed by me 20-6- City Clerk Substitute Bill No. 59 -14 Ordinance No. � 0 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION STATEMENT OF PURPOSE AND INTENT On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07. That ordinance created city -wide regulations addressing the registration and maintenance of vacant and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing $6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned houses by 27 %. On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was released with Mayor Pete Buttigieg called for 1,000 houses to be addressed in 1,000 days. A combination of rehabilitation and demolition activities has been ongoing. The original version of this ordinance was filed on October 21, 2014, and it was noted that as of date 606 properties had been addressed. The Department of Code Enforcement has reported that 930 properties have been mailed vacant and abandoned registration letters as of August 2014, summarized as follows: 248 (27 %) were sent to out of state owners; 225 (24 %) were sent to various forms of companies; 26 (3 %) were sent to banks; 32 (3 %) were sent to land trusts; 16 (2 %) were sent to various forms of non -profit corporations; with the remainder being federally- owned. The ongoing costs to the City of South Bend for implementation and enforcement of this program continue to increase. Therefore, the following fee adjustments are believed to be in the best interests of the City of South Bend, Indiana. ;JAI � Qrdrirrve/ /y // Vaiirincfr Vorruti /c� // �Ji /� c�VCrr // �/ em-1 Ju /iiur oi�o / /ttaJ Section I. Section 6- 37.1(h) of Chapter 6, Article 8 of the South Bend Municipal Code is hereby amended to read as follows: (h) Registration Fees. (1) The owner of any building required to be register under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be Fa.. dollars ($50.00) three hundred dollars per year. Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 2 (3) If the building is used or zoned for residential purposes and contains more than three (3) residential units, or if it is used or zoned for any non - residential purposes, the fee shall be4we hundred and uca.. dollars ($250.00) five hundred dollars ($500.00) for the first year or any part thereof, t?reo tundred,.. d seventy rive della f s ($375.00 ) seven hundred fifty dollars ($750.00) for the second year or any part thereof, and five htmdred dollars ($500.00 one thousand dollars $1 000.00) for the third year and each subsequent year or any part thereof that the property is required to be registered pursuant to this section. (4) The purpose of the registration fee is to reimburse the Department of Code Enforcement for the costs of continual monitoring the property by trained staff, and the additional costs of responding to emergencies and property maintenance requirements for a vacant and abandoned building, which includes but is not limited to personnel costs associated therewith to see that there is compliance with regard to repairs demolition blight elimination deconstruction and legal expenses incurred by the city. (5) The Director of the Department of Code Enforcement shall have the limited authority to waive accrued fees and/or fines on a case by case basis when those costs are determined to impede positive action on an individual property to rehabilitate it for public benefit. (6) The Department of Code Enforcement shall produce and maintain records showing when a property has been repaired; when a proper has become occupied secured and has its utilities turned on; when a property has been demolished and when a property has been placed under contract for demolition prior to December 31" of each calendar year; and each of those properties which can be verified as meeting one of these criteria shall not be required to register and pay the applicable fee. (7) The Department of Code Enforcement shall file with the Office of the Cif Clerk an Annual Report by the first Monday of May which details the number of buildings which paid a registration fee for each category addressed in 11 (3) herein; the number of cases where the accrued fees and /or fines were waived; and other pertinent data related to the collection of fees Section II. 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 III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and le a publica r Tim Scott, I st District Council Member Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 3 e%l(Cei/.a�� John oorde, City Clerk e6enled!by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the LUK day of fi, 2015, at 3 `c (i o'clockJ. m. Janice Tv"boom, Deputy Clerk �raaeeliuiui sized! by me on the " day of_�, 2015, at o'clock 9.m. T Pete Buttigie ay City of South Ben ndiana 1 st READING PUBLIC HEARING 3rd READING NOT APPROVED REFERRED _ PASSED Filed in ;x,,w :,- tCf' n � 4 uEs;' y� JO CITY CL� i i, r:.: r a u ;siNV, IN C. w<. The South Bend Common Council lar District Council Member Tim Scott, Council President 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.5980 tsottOsouthbendin.eov January 30, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 59 -14 Vacant Building Maintenance & Registration Dear Council Members: The additional time which I have had since the original filing of Bill No. 59 -14, has provided opportunities to further discuss proposed ordinance changes with the individuals who are on the front -line of implementing the City's vacant and abandoned properties regulations. The results of these collaborative efforts are set forth in the attached Substitute Bill No. 59 -14 which address improved policies & procedures. I have asked members of the Administration to join me at the Health and Public Safety Committee meeting to be held on February 9" to highlight our recommendations. You will find additional data set forth in the "Statement of Purpose and Intent" in the Substitute Bill; refined ordinance language on page 2 of the Substitute Bill, with more detailed information on the costs incurred by the City for affected properties being further highlighted. If you have any questions prior to the upcoming Committee meeting, please do not hesitate to contact me. Thank you. ricerel3 Tim Sco t, is District Council Member Attachment cc: Brian Pawlowski Randy Wilkerson Pam Meyer Tasha Outlaw Trent Spoolstra F,7.e :irl CITYCLEm,(t a 3W