03-14-16 Health and Public Safety

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HEALTH & PUBLIC SAFETY MARCH 15, 2016 4:15 P.M. Committee Members Present: John Voorde, Karen White, Oliver Davis, Jo Broden Other Council Present: Tim Scott, Gavin Ferlic, Regina Williams- Preston, Randy Kelly Others Present: Kathleen Cekanski - Farrand, Adriana Rodriguez, Jennifer Coffinan, Joe Molnar, Tasha Reed Outlaw, Aladean DeRose, Randy Wilkerson, Steve Cox, Andy Meyer, Chico Rodriguez, John Courtier, Jim Lukey, Agenda: Bill No. 05 -16 Approving fees for nuisance abatement Bill No. 06 -16 Approving fees for securing and demolishing structures Chief Steve Cox, South Bend Fire Department John Voorde, Chair of the Health & Public Safety Committee, called the meeting to order with two bills for consideration. Randy Wilkerson, Director of Code Enforcement, gave a presentation regarding Bill Nos. 05 -16 and 06 -16, which is on file in the Office of the City Clerk. He highlighted the Indiana Unsafe Building Law, IC 36- 7 -9 -12, which allows the Department of Code Enforcement to recover the costs associated with, and the reasonable forecast of their costs. The fees are based on wages, fringe benefits for the staff, vehicle maintenance, fuel, software, office supplies, mailings, fees associated with research, wireless service, and any other costs pursuant to IC 36- 7 -9 -12. This doesn't factor in computer, vehicle or equipment replacement. Municipal Code Section 6 -37 names the Board of Public Works as the commission that oversees the Department of Code Enforcement fees, but they wanted to bring the fees to the Common Council to seek approval in order to increase transparency. Code Enforcement also plans to post all of its fees online to ensure increased transparency. Chairperson Voorde stated that he would like to see the fees raised more frequently so that the increase isn't so dramatic. He saw it as a simple fee increase, but believes there may be some unintended consequences that come along with this kind of fee structure. He announced that he would accept a motion to continue both bills so that the committee can have a separate meeting to discuss these issues. Councilmember Oliver Davis inquired where the fees were currently posted, and why the Board of Public Works had the authority to approve them. Council Attorney Kathleen Cekanski - Farrand stated that the ordinance authorized the Board of Public Works to approve the fees. Also, under the Home Rule statute, the Council has the