I Am Against Enforcement Section 16-111 of Proposed Revised Zoning Ordinance #16

At the Tuesday, 12/12/17 Board of Trustees meeting, I will be speaking against the unduly abrupt enforcement process detailed in section 16-111.  It says, “…enforcement shall follow the procedures set forth in Ordinance No. 80….”

Ordinance No. 80 says,  in 02.03.00 –“ (1) An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation.”

The above proposed enforcement process contradicts both –

1. the progressive enforcement process outlined by Township Manager Dale Stuart in remarks at Board of Trustees Meeting 10/24/2017 (Video Chapter 9). He said that, “Only after repeated attempts to get voluntary compliance do we resort to issuing a ticket for a court appearance.”

 

and –

 

2. the recommendation of the Institute For Continuing Legal Education (ICLE) advice to Municipal Lawyers below.

 

(Below is from Michigan Municipal Law, by ICLE Chapter 9,” Ordinance Enforcement.” Section 9.3 “Ordinance Examples”)

“Zoning. Municipalities can adopt and enforce zoning ordinances as authorized by the Michigan Zoning Enabling Act, MCL 125.3101 et seq. Most zoning violations have been decriminalized and are prosecuted as civil infractions. The primary goal in the enforcement of zoning regulations is to obtain compliance with the zoning ordinance, so tickets are written when letters, personal visits, and warnings have been disregarded. The imposition of fines and costs by the court is a dissatisfying result if the underlying zoning violation is not corrected. Personal visits by zoning enforcement officers are very important in establishing the factual basis of an alleged violation and in obtaining compliance. Photographs of the condition of the property are critical, because visual evidence of an unpaved parking area, a porch built into a setback area, or a car parked on the front lawn are powerful evidence of the violation. Warning letters or notices advising the owner or occupant of a zoning violation help obtain compliance and are good evidence of delay in responding to requests for compliance. Unless required by local code, letters and notices of zoning violations do not have to be sent by certified mail.

A notice of a zoning violation may very well be an order or determination of the zoning official that can be appealed to the local zoning board of appeals before a citation is issued. The interpretation of the zoning ordinance usually is handled by the zoning board of appeals, if an appeal is filed to request the interpretation. The property owner or occupant does not have to wait for a ticket and a court hearing to receive an interpretation of the zoning ordinance. ”

 

I will also speak against the section that makes you a first offender, subject to a misdemeanor on a subsequent “violation”, even if your first ticket is dismissed. See below 16-111(1).

Here is the proposed section 16-111 that the Board will be voting on.

 

 

Feel free to support me in my remarks.

No, I am not running for anything. I just want fair and respectful treatment for me and my fellow citizens.

Bob Yager

12/8/2017