Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance The goal...

Purdue University is an Equal Opportunity/Equal Access institution.

Getting To Compliance

The goal is compliance, not punishment



There is a reason for zoning enforcement


Getting to Compliance

How To Get To Compliance

1. Assign enforcement to a particular staff member

2. Establish a formal process

3. Document everything

4. Observe due process and equal protection

5. Always remember you’re dealing with people.



1. Assign enforcement to a particular staff member

● ChoicesPlanning StaffBuilding InspectorMayor’s Staff

● Experience Knows other enforcement officials (Health Dep’t., Animal Control)Familiar to local attorneys and judgesKnown contact local elected officialsKnow what to enforce and what not to

● ConsistencyTreat cases alikeEnforcement standards the same

● Credibility Important



2. Establish a formal process

Taking complaints

Verifying, documenting violations

Notice to property owners

Compliance deadlines

Documenting compliance

When to go to court

Enforcement Procedure

Complaint↓

Verify Complaint↓

Notice 1↓

Inspect↓

Notice 2↓

Inspect↓

Motion For Default JudgmentOr

Request For Trial↓

Order To Comply


Getting To Compliance3. Document everything

● ComplaintsStandard formName, address of complainant

● Site visitsStandard report formConsistent syntax

● Photographs, videosThe more information the better

● Meetings/discussions with violator

● Correspondence



4. Observe due process and equal protection

Standardized process

Serving notice

Reasonable deadlines

Flexibility in getting to compliance

Clearly establish when an administrative matter becomes a legal one



5. Always remember you’re dealing with people

Compliance can be costly

There may be more than one side to a story

Exercising authority carries responsibilities

Property rights advocates



Enforcement Don’ts

● Beat up on widows and orphans

● Become emotionally involved

● Ignore political reality



Don’t: Beat up on widows and orphans

● Public relations aspect to zoning enforcementScore points by cleaning up messesLose points by appearing unfeeling or heartless

Know when to enforce and know when not to—pick your battles



Don’t: Become emotionally involved

Professional credibility important

Remaining objective part of equal protection

Personal safety



Don’t: Ignore political reality

● Enforcement does not occur in a vacuumHow and when to enforce depends on community standards

City vs. county, urban vs. rural communities

Costs may regulate enforcement activities

● Your enforcement credibility depends on being backed up by those in charge—don’t abuse their trust

Ideally, officials should not feel like they need to involve themselves in a case



Level Of Enforcement

None

Complaint Driven

TicketingHearing Officer

Code Enforcement Board

0

100



Code Enforcement: County vs. City

The nature of common code violations

Staffing

Budget

Affected Persons



Alternative Ways to Encourage Compliance

1. Establish a schedule and set benchmarks

2. Inform property owner of resources

3. Work with other Departments

4. Require compliance prior to other permits

5. Public humiliation

6. Establish a Code Enforcement Board



1. Establish a Schedule and Set Benchmarks

● Effective for large clean-ups

● Work with the property owner to establish a reasonable compliance timeframe

● Together, set benchmarks for clean-up



2. Inform property owner of Resources

● Very effective for abandoned vehicles or recycleables

● Provide informational brochures or business cards for area… o vehicle donationso recycling facilitieso Cleaning services



3. Work with other Departments

● Occasionally, problem situations overlap with other departmental responsibilities

● Other departments may have additional resources to assist with compliance



4. Require Compliance before other Approvals

● Update PC & BZA Rules of Procedure or Zoning Ordinance

● Applications for petitions, building permits, etc. should not be accepted until property is in compliance (unless it is related to or will expedite compliance)



5. Public Humiliation

● When appropriate, bring violations before the Plan Commission prior to initiating legal action

● Peer Pressure: Send a copy of the agenda to surrounding property owners who are affected

● The Plan Commission may be able to encourage the progress that an individual code enforcement person wasn’t able to obtain



6. Establish a Code Enforcement Board

● Legislative body (commissioners or council) appoints a Code Enforcement Board

● Board receives and reviews evidence regarding violations at a public hearing

● Board makes final decision regarding violation and enforcement measures

Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance The goal...

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