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HomeMy WebLinkAboutBill 06-16 Increase fees for code services related to demolition and nuisance abatement1300 COUNTY -CITY BUILDING 227 W JEFFERSON BOUI.F.VARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 23 5-9486 FAX 574/235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON 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, Randy Wilkerson Director, Department of Code Enforcement Filed in Clerk's Office FEB 18 2016 I(pREEMgOUTOH BEND, IN CITY CLERK, 1300 COUNTY -CITY Bun DING 227 W JEFFERSON BOUI.F.vARD SOUTH BEND, INDIANA 46601 -1830 February 5, 2016 PHONE 574/ 23 5-9486 FAX 5741 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, U RandyvWilkerson Director, Department of Code Enforcement Filed in Cle �!ri._. ice 7FE8 0 � 2016 5 � A >. CITY Ci_f IN 1300 CoUNTY -CTTY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 January 5, 2016 PHONE 574/ 235-9486 FAX 574/ 235-7703 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR 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 fees associated to demolitions 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 including the cost associated with testing for asbestos. This was not charged in the past. 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 for property owners that do not comply with the Indiana Unsafe Building Law. I will be available as the presenter on behalf of the Department. The costs of securing property and /or removing structures upon unsafe premises 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 South Bend Board of Public Works on November 24, 2015 at a public hearing and received information on the current costs of securing property or removing structures at an unsafe premises, and by Resolution No. 68 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the demolition of real property and in the securing of real property, 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 enter into and secure an owner's property or remove structures at an unsafe premises at the owner's expense if the City has complied with statutory procedures and given the owner proper notice, but the owner has failed to comply with the notice. r� i� f The Council finds that the Schedule of Fees recommended for approval by the Board of Public Works in its Resolution No. 68 -2015 attached hereto reflect the current and actual costs for performing the specific services and should be approved. 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. Res ectfully, Randy Wilkerson Director of Code Enforcement V-�i I No. 0 L - Ilo ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING FEES FOR SECURING AND DEMOLISHING STRUCTURES 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 enter into and secure an owner's property or remove structures at an unsafe premises at the owner's expense 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 securing property and /or removing structures upon unsafe premises 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 securing property or removing structures at an unsafe premises, and by Resolution No. 68 -2015, it recommended for Common Council approval a schedule of fees for costs involved in the demolition of real property and in the securing of real property, 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. 68 -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 processing of orders for demolition of structures and for securing structures as set out specifically in Sections II and III of the Board of Public Works Resolution No. 68 -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 at o'clock, m. 1 st READING PUwC t`.'•. ?"G 3 rdl `rtE it> '.cr u�ncD PASSED day of 2 , Mayor, City of South Bend, Indiana Filed in Clerk -3 Cif c' a R JOHN VOCADE CITY CLERK, SOUTH BEND, 8 ' ATTACHMENT Board of Public Works Resolution No. 68 -2015 enacted on November 24, 2015 (Remainder of Page left intentionally blank) RESOLUTION NO. 68-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ADJUSTING THE FEES FOR SERVICES RELATED TO SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW, INDIANA CODE 36 -7 -9 AND SOUTH SEND MUNICIPAL CODE CHAPTER 6, ARTICLE 8, SECTIONS 37 AND 37.1 WHEREAS, the Board of Public Works is the Board with control over the Department of Code Enforcement for purposes of setting performance bonds and processing expenses provided under the Unsafe Building Law, and has the responsibility for fixing the average processing expenses and a schedule of performance bonds as provided in the Unsafe Building Law, Indiana Code 36 -7 -9 -1 et seq.; and South Bend Municipal Code Chapter 6, Article 8; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may; after giving notice to the owner, enter onto and secure properly at the owner's expense, pursuant to South Bend Municipal Code Chapter 6, Article 8 and the Unsafe Building Law; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, pursuant to the procedures set forth in the Unsafe Building Law and after giving notice to the owner, remove structures from unsafe premises at the owner's expense; and WHEREAS, the Board of Public Works has the expertise to determine the costs of securing and removing structures upon unsafe premises, including the cost of providing notice, use of equipment and labor, and administrative costs; and WHEREAS, the Board of Public Works determines that the fees imposed for securing and removing structures 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 I. The Board of Public Works hereby sets forth administrative and service fees related to securing and removing structures upon unsafe premises pursuant to the Unsafe Building Law and South Bend Municipal Code Chapter 6, Article 8. Section II. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders for demolition of structures, and shall be charged in addition to the costs of the demolition contractor for each demolition order issued: Inspections — average of 8 $203.00 Legal notices, recording fees $113.00 Title search $ 27.00 Forms, letters, postage $100.00 Supplies $ 8.00 Legal services and hearing officer $200.00 Clerical staff $ 76.00 Management staff $200.00 Technology and software $ 10.00 TOTAL DEMOLITION COST $937.00 Asbestos Testing for Demolition, if Applicable First Inspection – prelim testing requires 2 inspectors $ 87.00 at 1.5 hours /inspector Second Inspection — testing and completion of $ 87.00 papers requires 2 inspectors at 1.5 /inspector Tools, supplies, and safety costs $ 22.00 Test 10 samples at $8.00 /sample (average) $ 80.00 TOTAL ASBESTOS COST $276.00 Section 11I. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders to secure structures, and which shall be charged in addition to the costs of the contractor for each order to secure issued: Inspections – average of 3 $ 87.00 Forms, letters, postage $ 7.00 Clerical staff $ 23.00 Management staff $ 35.00 Technology and software $ 10.00 TOTAL COST TO SECURE $162.00 Adopted on the aL day of �nmFC/W-ht,-z_ , 2015, by the Board of Public Works of the City of South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA Gary Gilot avid�fRelos/ Jamey Mueller 2 Eliza�betthMaradik Therese Dorau ATTEST: Linda Martin, Clerk ___