Commission approves zoning violation procedures; state's attorney urges law-enforcement coordination
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Summary
The planning commission approved changes to Section 8.1 of the zoning ordinance to formalize notice and remedy procedures for violations; the state's attorney advised that criminal enforcement, if ever required, should be coordinated with law enforcement to preserve admissible evidence.
The Stark County Planning and Zoning Commission voted Oct. 2 to approve a zoning text amendment (ZTA0625) that adds procedures for handling zoning-code violations, including written notices and time to remedy noncompliance. Staff said the language largely formalizes the process the office already follows.
State's Attorney Engelstad told the commission that if matters progress to potential criminal prosecution, staff should coordinate with the state’s attorney and law enforcement because evidence for criminal cases must be gathered under different procedures to avoid constitutional challenges. "If we're looking at a criminal case, evidence that is received has to be done in a certain way so we don't run into constitutional violations," Engelstad said.
Steve Josephson said the ordinance language documents an existing practice of sending an initial notice and allowing time to comply before escalating. The commission opened a public hearing, heard no public comment, and approved the amendment on a roll-call vote. Commissioners emphasized coordination between planning staff, the state’s attorney and law enforcement where serious violations could implicate criminal procedures.