Commission sends proposed zoning enforcement changes — including criminal penalties — to city counsel for review

The Lorain Planning Commission voted to send to city counsel a proposed amendment to the zoning ordinance that would add criminal penalties for specified zoning violations and clarify enforcement procedures for signs and property maintenance.

Why it matters: Staff and enforcement officers told the commission they lack a statutory enforcement mechanism under the current zoning code that the municipal court will accept. Adding criminal penalties in code language is intended to give the city a pathway to court when a property owner refuses to comply after notices and extensions.

Chief building official (Chief Fasiano) and building department staff described enforcement gaps. "When it does get to court... those housing violations when they do make it to court and they are in front of the judge, it is effective," Fasiano said, adding that court action creates additional fees and pressure that often leads to compliance. Housing inspector Andres Rocho said adding criminal penalties "would allow the code enforcement officers to appropriately address" repeat or egregious violations such as long-term RV habitation in residential districts.

Staff said the amendment would revise multiple sections referenced in the agenda — cited in the meeting as Zoning Code 4-2-1 and sections 1173.04, 1173.05 and related subsections — to move sign enforcement and other provisions and add the option for criminal summons when other remedies fail. Examples discussed included roof signs installed without permits, unpermitted feather flags, and trailers or motorhomes used as long-term housing on residential parcels.

Commissioners and residents repeatedly emphasized that enforcement should be applied with compassion and consistency. City council member Mary Stryoski urged corrective, not punitive, approaches for residents in precarious situations; staff said their practice is to seek compliance and give time and assistance when appropriate but to use court as a last resort when cooperation is not forthcoming.

The commission voted to forward the draft amendment to counsel for legal review and to return later with counsel's recommended language and implementation details. Staff also reported work is underway to authorize auxiliary police powers for enforcement of traffic and parking matters; the police chief's request for expanded enforcement authority is being processed and staff said they expect items in place by the end of the month.