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TO AMEND TITLE 6 (HEALTH AND SANITATION), TITLE 15 (VEHICLES AND TRAFFIC), AND TITLE 17 (CONSTRUCTION REGULATIONS) OF THE BLOOMINGTON MUNICIPAL CODE - Re: Adjusting Fees and Fines Found in Chapter 6.06 (Refuse and Weeds), Chapter 15.48 (Removal and Impoundment of Vehicles), Section 15.60.080 (Services and Fees), and Section 17.08.050 (Fees) and Making Other Related Changes to those Provisions

This is an omnibus piece of legislation which has four essential parts. The first part is a proposed repeal and replacement of Chapter 6.06 which has seven key components.First, because a substantial modification of an already existing ordinance which regulates the removal of weeds and rank vegetation requires the presence of certain notice provisions under Indiana Code Chapter 36-7-10.1 the following must be added to the Chapter: (a) the word “weed” must be defined, and the City has chosen to use a definition utilized by the State and Federal governments and provide a further list established by the City’s environmental planner; (b) if the City abates a violation notice of that abatement must occur in a certain manner; and (c) if a property has already been the subject of an abatement, the City can post a continuous abatement notice without having to seek Board of Public Work approval for each new abatement request. Second, the current ordinance repeatedly uses the phrase “rubbish, trash and refuse.” In an effort to consolidate this phrase and make it more identifiable to th average public the ordinance rolls all of those words into one commonly defined word called “garbage”. (cont'd) Third, the ordinance adds a new prohibition against dumping trash into a private dumpster without having the owner of said dumpster’s permission to do so. Fourth, the ordinance clarifies how and when a person can appeal a Notice of Violation versus an Abatement Order. Fifth, while not required by State law, in an effort to provide the community with a more open and transparent government, the ordinance specifically advises citizens that an abatement can be effectuated by either the City or by a private contractor hired by the City. Sixth, the ordinance adopts a new fine schedule—(a) the first violation in a 12-month period results in a $50.00 fine; (b) the second violation in a 12-month period results in a $100.00 fine; (c) the third and all subsequent violations in a 12-month period results in a $150.00 fine; and (d) the 12-month period will run from August 1 to the following July 31. Seventh, “habitual nuisance” properties can regularly avoid penalties under the current ordinance. (cont'd) The current ordinance prohibits a fine from being issued to a rental property if one of two things occur; either the landlord provides HAND with a copy of a valid lease within 7 days of the notice of violation or the violation is remedied within 7 days. What happens is that “habitual nuisance” properties will regularly clean up the violation within 7 days of getting a notice, but since there is no penalty assessed for the violation, the violations continue to occur on a regular and consistent basis. In an effort to alleviate the “habitual nuisance” properties, this ordinance provides that the only way a landlord can avoid being fined for his tenants violation of the ordinance is to provide the City with a copy of a valid lease within 7 days of the notice—this will allow the City to always pass along a penalty to the tenants who violate the ordinance, thereby hopefully reducing the number of “habitual nuisance” properties within the community. The second part adds a new section to Chapter 15.48 (Removal and Impoundment of Vehicles). Specifically the newly created Section 15.48.070 imposes a $25.00 administrative fee upon any person whose vehicl is towed pursuant to Chapter 15.48. The purpose of the administrative fee is to offset, to the extent practicable, the cost to the City’s Police Department of implementing, enforcing and administering the provisions of Chapter 15.48. The third part amends Section 15.60.080 (Miscellaneous Traffic Rules) in five key ways. First, it raises the fee for fingerprinting services provided by the Police Department. Second, it provides differing fees for City residents requesting this service versus non-City residents requesting the service. The fee for City residents shall be $15.00 per card. The fee for non-City residents shall be $25.00 for one card, and $15.00 for each additional card. Third, it raises the fee for obtaining accident reports from $5.00 to $8.00. Fourth, it amends the City’s ordinance to accurately reflect the Indiana Code’s mandate as to which funds certain collected fees are to be deposited. Fifth, it amends the City’s ordinance to accurately reflect the Indiana Code’s requirement on how much of a fee the City is to charge for handgun applications. Sixth, it deletes those provisions of the ordinance that were the result of Indiana Code requirements which have now been repealed by the Indiana General Assembly. The fourth and final part amends Section 17.08.050 (Fees) by increasing the fee for a temporary sign permi and a permanent sign permit in Part (e). The temporary sign permit fee is raised from $55.00 an application to $75.00 an application and the permanent sign permit fee is raised from $55.00 a sign to $125.00 a sign. In addition to raising the fee, the change makes it clear that each new application, regardless of whether or not it’s a renewal application, will be charged the same fee. Finally , the ordinance changes an incorrect reference to a Title 20 provision and replaces it with the correct statement of the law.

Amends CodeNo
Committee 2012-09-19 8-0-1 (Volan)
Final 2012-10-03 Passed 8-0 (Sandberg absent)
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