The URL can be used to link to this page

Home My WebLink AboutBill 05-16 Increase Fees for Code Services related to demolitionand nuisance abatement1300 COUNTY-CITY BuiLDING 227 W JEFFERSON BOULEVARD SOUTH BFND, INDIANA 4660I -I830 PHONE 574/ 23 5-9486 FAX 574/235-7703 CITY DF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY tWILKERSON DIRECTOR February 18, 2016 Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on March 14, 2016. Although our Department has compiled a good portion of the Council's requested information, it will take more time to complete this search. Sincerely, �e 4z,4 ! Randy Wilkerson Director, Department of Code Enforcement File in Clerk's Office FEB 18 2016 EEMAH MR RK, SOUGH BEND, IN CITY CLE 1300 COUN'T'Y -CITY BUILDING 227 W JEFFERSON Bow EVARD SOUTH BEND', INDIANA 46601 -I83o February 5, 2016 PHONE 5741235-9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR Honorable Tim Scott, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bills Nos. 05 -16 and 06 -16 — Increase of Fees for Code Services Related to Demolition and Nuisance Abatement Dear Council President Scott, In light of questions from Council members received February 4, 2016, 1 request that Bills Nos. 05 -16 and 06 -16 related to fees for certain Code Enforcement services be continued to the Council's meeting on February 22, 2016. This should allow our Department time to respond to the Council's questions. Sincerely, RandyVilkerson Director, Department of Code Enforcement Filed in a FEB 0 5 2016 _...__ . _._j KP- R . CITY Ca.. IN 1300 COUNTY -CITY BUILDING 227 W ,JEFFERSON BOUI.F.vARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 23 5 -9486 FAX 574/ 235-7703 DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR January 5, 2016 Tim Scott, Council President Common Council of the City of South Bend 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 The Department of Code Enforcement respectfully requests that the Council consider this ordinance to raise the cost of abatements that are completed by the Department. The current increases reflect an 11.5 percent increase from the last increase in 2008. I have also revised some of the charges to be accurate with our current processes. It is important to point out this is not a request for a budget increase; this is a cost of service fee for the Department to complete the abatements on property owners that do not comply with the Indiana Unsafe Building Law and the City of South Bend's Ordinance's. I will be available as the presenter on behalf of the Department. The costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and /or removing weeds and rank vegetation from real property include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. We presented this to the City of South Bend Board of Public Works on November 24, 2015 at a public hearing and received information on the current costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and /or removing weeds and rank vegetation, and by Resolution No. 67 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the abatement of a nuisance, which is attached hereto and incorporated herein. The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to remove trash, debris, fire hazardous material, or a public health hazard in an about an unsafe premises. The Indiana Code at IC 36 -7- 10.1 -1 et seq. also authorizes municipalities to require property owners to remove weeds and other rank vegetation. The Department of Code Enforcement may at the owner's expense enter an owner's property to abate a nuisance such as trash, debris, .fire hazardous material and public health hazards, and /or may also remove weeds and rank vegetation if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. On behalf of the Department of Code Enforcement, it is my belief that this ordinance is in the best interest of the citizens of the City of South Bend. Restfully, �1 Randy ilkerson Director of Code Enforcement Filed 11 Clerk's Office CITY CLERK, SCUTH BEND, IN Pill No. 05 -14 ORDINANCE NO. I aq "1 ( W AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR NUISANCE ABATEMENT SUCH AS TRASH, DEBRIS AND HAZARDOUS MATERIAL REMOVAL, AND FOR REMOVAL OF WEEDS AND RANK VEGETATION PURSUANT TO THE INDIANA UNSAFE BUILDING LAW STATEMENT OF PURPOSE AND INTENT The Indiana Unsafe Building Law, Ind. Code 36- 7 -9 -1, which is incorporated into the South Bend Municipal Code (the Code) in full and by reference at Chapter 6, Article 8, Section 6 -37, authorizes the City of South Bend through its Department of Code Enforcement to remove trash, debris, fire hazardous material, or a public health hazard in an about an unsafe premises. The Indiana Code at IC 36- 7- 10.1 -1 et seq. also authorizes municipalities to require property owners to remove weeds and other rank vegetation. The Department of Code Enforcement may at the owner's expense enter an owner's property to abate a nuisance such as trash, debris, fire hazardous material and public health hazards, and/or may also remove weeds and rank vegetation if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. The costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and/or removing weeds and rank vegetation from real property include the costs of providing notice, the use of labor and equipment, and administrative costs. A schedule of fees for these services was last implemented in 2008, but the costs have increased since that time and now require adjustment. At its meeting held on November 24, 2015, the South Bend Board of Public Works conducted a public hearing and received information on the current costs of abating a nuisance such as trash, debris, fire hazardous materials and public health hazards and/or removing weeds and rank vegetation, and by Resolution No. 67 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the abatement of a nuisance, which is attached hereto and incorporated herein. The Council finds that the Schedule of Fees recommended for approval by the Board of Public Works in its Resolution No. 67 -2015 attached hereto reflect the current and actual costs for performing the specific services and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Schedule of Fees for the Department of Code Enforcement's services in abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, and for removing weeds and rank vegetation from real property, all as set out specifically in Section II of the Board of Public Works Resolution No. 67 -2015 attached hereto and incorporated herein, is approved and confirmed. Section II. A copy of the Schedule of Fees approved by this Resolution shall be on file for public inspection in the office of the City Clerk, the office of the Clerk of the Board of Public Works, and shall be posted on the City of South Bend's website. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2014, at o'clock m. City Clerk Approved and signed by me on the day of 52 , at o'clock, .m. Mayor, City of South Bend, Indiana Filed in Clerk's OfficC 1 st PtADING 4 PUELIC JOHN 100 ORDE ®tTH 8 P LCITYCLBRK, 8 E' ATTACHMENT Board of Public Works Resolution No. 68- 2015 enacted on November 24, 2015 (Remainder of Page left intentionally blank) RESOLUTION NO. 67-2015 A RESOLUTION? OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOU'T'H BEND, INDIANA, ADJUSTING THE FEES RELATED TO ABATING NUISANCES AND REMOV NG'VEGETATION PURSUANT TO IND IANA CODE 3647 -9 AND 36-7w 10.1,.AND SOUTH BEND MUNICIPAL CODE CHAPTER 16, ARTICLE 8 WHEREAS, the Board of Public Works ("Board') has authority to determine the costs for performance of work required by orders issued under the Unsafe Building Law, 36- 7 -9 -1, et al.., including orders to remove trash, debris, fire hazardous material, or a public health hazard in and about an unsafe premises; and WHEREAS, the Board also has authority to abate nuisances described in South Bend Municipal Code Chapter 16, .Article 8, Section 16 =53; and WHEREAS, the Indiana Code provision for removal of weeds and rank vegetation, Indiana Code 36 -7- 10,1 -1, et seq., allows municipalities to require property owners to remove weeds and other rank vegetation, and sets forth procedures for giving notice to property owners and removing weeds and rank •vegetation at the owner's expense; and WHEREAS, the Department of Code Enforcement or.an entity acting on its`behalf may, after giving notice. to the owner; eater property and remove weeds and .rank vegetation at the owner's expense, pursuant to South Bend Municipal Code Chapter 16, Article 8, Section I6 =59; and WHEREAS, the Board has the expertise to determine the costs of abating nuisances such as trash, debris, fire hazardous material and public health hazards, and or removing weeds .and rank vegetation, including the cost of providing notice, use of equipment and labor, and administrative costs; and WHEREAS, the Board determines that the fees imposed for nuisance abatement and removal of weeds and rank vegetation should be adjusted from the 2008 schedule to reflect the current cost the City of South Bend incurs providing-such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF'PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. That the Board of Public 'Works hereby sets forth fees for services in abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, and of removing weeds and rank vegetation from real property. .Section 11. The owner, occupant or person in control of the property upon which the public nuisance or rank vegetation exists in violation of South Bend Municipal Code Chapter 16, Article 8, as it may be amended from time to time, shall be charged fees for the cost of equipment, services and labor incurred by the City in abatement of the nuisance or removal of vegetation. The following fees shall be charged: Fees and Costs Dump fee Handling and disposal Administrative fee Technology and software Supplies Hourly Labor and Equipment Use Inspection Labor (General) Labor. (Operator. skilled) Supervisory staff Dump truck Small loader Lightening loader Large 'loader Pick up and mower Tractor mower Grass Cutting Fees $150.00 $' 84.00 $ 40.00 $ 10.00 $ 8.00 $ 29.00 $ 23:00 $ 34.00 $ 40.00 $ 5L00 $ 51..00 $84 ' 00 $119.00 $ 44.00 $ 38.00 Inspection (2) $58.00 Administrative fee $40.00 Supervisory Staff $40.00 Pickup truck and mower $22.00 Labor general $11.50 Technology and software $10.00 Sullies $ 8.00 TOTAL $189.50 Adopted on the aq. day of fi0t-n—LL2. , 2015, by the Board of Public Works ofthe City of South Bend, Indiana, BOARD OF PUBLIC.WORKS OF THE CITY OF SOUTH BEND, INDIANA 'h�� k'4s� Gary Gilat f° avid Relos Therese Dorau ATTEST: Linda Martin, Clerk