purdue university is an equal opportunity/equal access institution. getting to compliance the goal...
TRANSCRIPT
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
The goal is compliance, not punishment
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
There is a reason for zoning enforcement
Purdue University is an Equal Opportunity/Equal Access institution.
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.
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
Enforcement Don’ts
● Beat up on widows and orphans
● Become emotionally involved
● Ignore political reality
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
Don’t: Become emotionally involved
Professional credibility important
Remaining objective part of equal protection
Personal safety
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
Level Of Enforcement
None
Complaint Driven
TicketingHearing Officer
Code Enforcement Board
0
100
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
Code Enforcement: County vs. City
The nature of common code violations
Staffing
Budget
Affected Persons
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
3. Work with other Departments
● Occasionally, problem situations overlap with other departmental responsibilities
● Other departments may have additional resources to assist with compliance
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To 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)
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To 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
Purdue University is an Equal Opportunity/Equal Access institution.
Getting To Compliance
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