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Amending Chapter 19 Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation
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Amending Chapter 19 Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation
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6/25/2015 11:02:07 AM
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6/25/2015 10:11:10 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
6/22/2015
Ord-Res Number
10363-15
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Substitute Bill No. 22 -15 <br />Ordinance No. [0-3 k�3 —( <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND <br />MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS <br />ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR <br />OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE <br />SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES <br />STATEMENT OF PURPOSE AND INTENT <br />The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes <br />municipalities in Indiana to address the regulation of weeds and rank vegetation by proper <br />ordinance. The City's current regulations codified in § 19 -32 through §19-35 of the South Bend <br />Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those <br />height restrictions are in conflict with the height limitations set forth in the nuisance regulations <br />codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994. <br />In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a <br />continuous abatement notice procedure which is codified as Indiana Code § 36 -7- 10.1 -3, which <br />has resulted in more efficient and timely enforcement against repeat violators. <br />Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's <br />ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The <br />Court of Appeals further ruled that there were no constitutional violations; holding that the <br />ordinance did not violate a person's freedom of expression under the United States and Indiana <br />Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See: <br />Alexander Gul v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014). <br />Regulations in this area are based on safeguarding public health by decreasing allergies <br />and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular <br />and pedestrian traffic; and are based on aesthetic concerns related to real estate property values <br />and protecting neighborhood stability and sustainability. <br />The City of South Bend believes that a nine inch (9 ") maximum height requirement is <br />reasonable for the entire city, and would be consistent with the current regulations addressing <br />vacant lots addressed in South Bend Municipal Code, § 16 -58. By way of comparison, examples <br />of Indiana communities have ordinances which established maximum heights are as follows: <br />Bloomington <br />8" <br />Fort Wayne <br />9" <br />Marion 9" <br />Carmel <br />6" <br />Goshen <br />6" <br />Michigan City 6" <br />Elkhart <br />8" <br />Hammond <br />6" <br />Mishawaka 9" <br />Evansville <br />9" <br />Lafayette <br />10" <br />
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