Amending Chapter 19 Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation

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Substitute Bill No. 22 -15 Ordinance No. [0-3 k�3 —( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes municipalities in Indiana to address the regulation of weeds and rank vegetation by proper ordinance. The City's current regulations codified in § 19 -32 through §19-35 of the South Bend Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those height restrictions are in conflict with the height limitations set forth in the nuisance regulations codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994. In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a continuous abatement notice procedure which is codified as Indiana Code § 36 -7- 10.1 -3, which has resulted in more efficient and timely enforcement against repeat violators. Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The Court of Appeals further ruled that there were no constitutional violations; holding that the ordinance did not violate a person's freedom of expression under the United States and Indiana Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See: Alexander Gul v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014). Regulations in this area are based on safeguarding public health by decreasing allergies and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular and pedestrian traffic; and are based on aesthetic concerns related to real estate property values and protecting neighborhood stability and sustainability. The City of South Bend believes that a nine inch (9 ") maximum height requirement is reasonable for the entire city, and would be consistent with the current regulations addressing vacant lots addressed in South Bend Municipal Code, § 16 -58. By way of comparison, examples of Indiana communities have ordinances which established maximum heights are as follows: Bloomington 8" Fort Wayne 9" Marion 9" Carmel 6" Goshen 6" Michigan City 6" Elkhart 8" Hammond 6" Mishawaka 9" Evansville 9" Lafayette 10"