11/26/07 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 2007 landlords; there are a lot of good landlords in this community. The problem is high taxes and high crime. Mr. Thomas Burnett, 18907 Cleveland Road, South Bend, Indiana, stated that he owns a vacant house in South Bend. He stated that he cannot sell the home because of the crummy neighborhood that it is located in. He would like to sell the home but cannot find anyone who wants to buy it. Mr. Burnett stated that he pays the taxes on the home, keeps the property up by mowing the grass, trimming the bushes, and just recently repairing the roof. He feels that bypassing this bill tonight he is going to be penalized because the house is vacant and he cannot sell it because of where it is located in a high crime area. He urged the Council not to vote on this bill tonight. Mr. Dave Smith, 115 N. Lafayette Boulevard, South Bend, Indiana, stated that he contacted the President of the Real Estate Investor Association of North Central Indiana a group that has been around for about seventeen year and asked if she has been contacted or involved in any of the discussion on the creation of this ordinance. He stated that Councilmember Pfeifer stated that this bill has been in the works for at least five years. He was very surprised that no one had contact the Real Estate Investor Association of North Central Indiana to ask for some input on this bill. He stated that he is against registration and singling out vacant property owners. He believes that all homes vacant, abandoned or owner occupied should be registered. Mr. Smith always thought of landlords as the men and women in white hat's coming to the rescue of the cities and properties by taking care of them and fixing them up and renting them out. The one thing that he noticed tonight is that there are parts of town that cannot be rented out anymore. He stated that there are a lot more apartment complexes built within the last few years outside of the city limits and they maybe part of the blame. Mr. Smith noted that high property taxes along with the high crime rate are the other part of the vacant and abandoned property problem in South Bend. He would like the Council to sit down with the various individuals who are present tonight and rework the ordinance. He stated that as the bill is written tonight he is against it. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Councilmember Pfeifer thanked everyone who spoke tonight either in favor or against the bill for participating. She stated that seeing this many people is nice and reminded everyone that the Council meets on the 2"d and 4th Mondays each month and encourages them to continue their participation in local government. She pointed out that there were eight different hearings within the community on this bill. She noted that members of MIPOA the precursor to the REIA were at the table in full force ten to fifteen people at each meeting. After MIPOA dissolved and became REIA they were at the table. She stated that she has seen Mr. Smith at various meetings along with Penny Hughes who is the head of REIA. She read into the record the definition of vacant building means a structure on a parcel of real property which lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased. This bill will not hurt any good home or property owners, it will not hurt anyone who is actively selling or fixing up their structure. She stated that if people are under distress and contact Code Enforcement they will be worked with. Part of this ordinance is that the City wants to bring a building back to productive use. This means that property owners can develop a plan, contact Code Enforcement and they will be more than happy to work with them. She noted that anyone who is actively taking care of their property doesn't have anything to worry about. She stated that if you own property and are neglecting it that is what this ordinance is designed to do something about. She stated that the City cannot allow people without funds to allow your property to deteriorate in a neighborhood. She stated that City has sympathy and will work with people, but just because a person doesn't have funds, the City can't say it's okay to let the property deteriorate. She stated that there is a definition in the ordinance on what constitutes an abandoned building and it is in the ordinance. She stated that the South Bend Tribune along with other members of the media published and advertised these meetings. She stated that they were willing to come and speak to anyone who would let her speak along with Council Attorney Kathleen Cekanski-Farrand, Jeff Vitton from the Department of Community and 13