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Commission reviews enforcement changes; proposed fines could reach $500 per day after judgment
Summary
The zoning commission reviewed updated violations and penalties language aligning with changes in state law and discussed enforcement practicalities including use of civil fines and county or township cleanup options.
Morgan Township zoning officials presented a second reading of proposed changes to Chapter 20 (Violations and Penalties) and discussed how the code would be enforced if adopted.
The draft language presented reads that any person violating the zoning regulations “shall be assessed a civil fine of not more than $500 for each offense,” and that if a violation continues after a judgment granting relief, “each day the violation continues from the date of a judgment shall constitute a separate offense.” Commissioners discussed whether the provision would be applied as a single $500 fine or as a daily fine following a judgment.
Darren, the zoning administrator, said the language aligns with recent state changes and with House Bill 315 as discussed: “With that $500… House Bill 315. That was where that change came from.” Commissioners noted judges may reduce fines in practical enforcement, and they emphasized civil penalties would be pursued through the prosecutor’s office rather than by the zoning administrator as a criminal enforcement.
Commissioners also debated township cleanup versus fining: several members said direct township abatement is costly and legally complicated (liability, hazardous material risks) and that pursuing civil fines through the court may be a more practical deterrent. The commission reviewed several pending enforcement situations (abandoned vehicles, property cleanup timelines) and instructed staff to prepare the draft for submission to the county planning commission for review.
Discussion versus action: the meeting included a second reading and guidance to send the penalties language to the county planning commission (BCPC) for review; no final adoption by trustees occurred at this meeting.
Next steps: Staff will prepare the penalties amendment for the county review and return with any prosecutor-recommended changes; commissioners indicated preference for the civil‑fine pathway over costly township abatement.
