10-25-93 Public Safety - Laserfiche WebLink

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v. 1 PUBLIC SAFETY COMMITTEE The October 25, 1993 meeting of Public Safety Committee was called to order by its Chairperson Council Member Eugene Ladewski at 4 : 30 p.m. Persons in attendance included Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; James Caldwell, John Broden, Dave Smith, Jerry Ivacheck, Ed Talley, Janet McCoy, George Herendeen, Don Porter, and Kathleen Cekanski-Farrand. Council Member Ladewski noted that the purpose of the meeting was to review substitute Bill No. 89-93 which would amend Chapter 13 Article 5 of the South Bend Municipal Code establishing regulations on disorderly houses. Mr. Caldwell noted that the Substitute Bill was necessary in order to delete from Section 13-75. 5 (3) (h) the sentence addressing controled substances since those regulations are set forth in Drug House Bill. Mr. Caldwell noted that this Ordinance would apply to all establishments the City in all Zoning Classifications. He stressed that it would be another tool for the Police'`Department to use. Three (3) judgments would be required under the Bill for noise Ordinance Violations to kick-in. In response to a question raised by Council Member Ladewski it was noted that the Police Department Ordinance Violation Fund was created by the Controllers office and is used for special equipment. Council Member Ladewski questioned the constitutionality of the Bill. Mr. Broden noted that the Bill in his opinion has proper notice requirements to satisfy Due Process concerns. He also noted that specific prohibited conduct is listed and that probable cause is the standard before a notice to abate would be scent. Mr. David Smith spoke against the proposed Bill. He noted that he is the President of Michiana Income Property Association. He believes that the overall Bill is unfair to landlords since the average landlord lasts only about three (3) years. He cited extensive cost for repair and maintenance and that often times neighborhood groups do not assist landlords. He listed inconsistent enforcement situations and questioned whether the "Homeless Shelter" would be governed by this new Ordinance. He stated that it would be unfair to hold landlords accountable with tenants both severely and jointly for fines.