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REGULAR MEETING
<br />NOVEMBER 28. 2016
<br />SOUTH BEND, INDIANA, AMENDING
<br />VARIOUS SECTIONS OF ARTICLE 12 OF
<br />CHAPTER 13 OF THE SOUTH BEND
<br />MUNICIPAL CODE ADDRESSING CHRONIC
<br />PROBLEM PROPERTY REGULATIONS
<br />Councilmember John Voorde, Chair of the Health and Public Safety Committee, reported that
<br />they met and send this bill forward with a favorable recommendation.
<br />Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as presenter of this bill.
<br />Councilmember Scott explained that he was presenting a change in language to the Chronic
<br />Nuisance Ordinance passed in 2013. Councilmember Scott and he met with Council Attorney
<br />Cekanski - Farrand, Legal Research Assistant Adriana Rodriguez, Assistant City Attorney Ashley
<br />Colborn, Officer Keenan Lane and the Fire Department and Police Department, as well as Randy
<br />Wilkerson, Director of Code Enforcement. They had gone through the ordinance again, taking
<br />recommendations from legal citizens, with the intent of improving it. One of the improvements
<br />considered was to properties of over fifty (50) units. Originally, properties over fifty (50) units
<br />were allowed up to twelve (12) violations. Larger properties within the city, such as Hurwich
<br />Farms, Indian Springs, and Irish Hills, did not feel that twelve (12) violations within ninety (90)
<br />days was fair and equitable, accounting for their hundreds (100's) of apartments. The group
<br />arrived at a compromise: these larger complexes would be considered in terms of parcels. If a
<br />property has one (1) parcel, the limit would still be twelve (12) violations within ninety (90)
<br />days. At two (2) parcels, the limit would grow to twenty -four (24) violations. At three (3)
<br />parcels, the limit would grow to thirty -six (36) violations. Looking upon the forty (40) reviewed
<br />during the drafting of the original ordinance in question, Councilmember Scott stated that South
<br />Bend probably has the most lenient Chronic Nuisance ordinance. Some such ordinances limit
<br />those with as many as 1000 units to six (6) violations within a year before being added to a
<br />Chronic Nuisance List. The other thing missed in the first version of the ordinance was the Fire
<br />Department. Councilmember Scott explained that the Fire Department receives some nuisance
<br />calls mainly relating to bonfires, trash fires, etc., where residents decide to burn things aside
<br />from wood in a pit, which is a violation. Given that there are other issues in the Fire Department,
<br />what will be taken into consideration are violation letters from the Fire Department. Conditional
<br />inspections could also occur with the Fire Department and Code Enforcement if a property
<br />appears on the Chronic Nuisance List. Councilmember Scott recounted that this had come up
<br />regarding the Drewry's Brewery complex. It was a code violation, and the Fire Department was
<br />sought out in collaboration with Code Enforcement to make sure that everything was safe, as
<br />there was some business within the area of that nuisance property. Elaborating on the Victim of
<br />Crime, Councilmember Scott explained that a Victim of Crime cannot be in violation of the
<br />ordinance, but that fires must be within HIPPA regulations. If the Fire.Department is called out
<br />multiple times for medical reasons, those records would not be made public, due to HIPPA.
<br />Councilmember Scott notified the Council of updates made to the application of property
<br />addresses for consideration of a tenant's rights, in compliance with ACLU and HUD
<br />publications. He stated, I think that would kind of collaborate with our Human Rights, as well, if
<br />something ever came up with that. Officer Keenan Lane and Legal both work with them.
<br />Regarding repeat violators who violate within six (6) months of coming off the Chronic
<br />Nuisance List, Councilmember Scott explained that there could be a five - hundred dollar ($500)
<br />penalty. As with all penalties, Officer Keenan Lane, Code Enforcement, and Legal are always
<br />working with property owners. He stated, This isn't automatic, it isn't black or white. It is there,
<br />if things aren't worked out correctly.
<br />Councilmember Oliver Davis asked whether or not the Fire Department reports to Officer
<br />Keenan Lane or if they will have someone there specifically devoted to chronic nuisances related
<br />to fire.
<br />Legal Research Assitant Adriana Rodriguez, with offices on the 4th Floor of the County -City
<br />Building, stated that Fire Marshall Chico Rodriguez and Chief Cox were present during the
<br />deliberations and approved everything added to the ordinance. Adriana stated, The reason we
<br />added HIPPA was because, at the meetings, they wanted to make sure that EMS services
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