The Jacksonville Planning Advisory Board voted Dec. 8 to approve a text amendment to Article 8 of the Unified Development Ordinance that will give staff and the city manager discretion to reduce or waive accrued civil penalties when property owners or tenants demonstrate good-faith efforts to resolve zoning violations.

Jennifer, a planning staff presenter, told the board that civil penalties were first placed in the city’s fee schedule in October 2023 and have only recently been used as an enforcement tool. She said the fee schedule originally allowed up to $250 per day per violation with a maximum of $500 per day as referenced by statute, and that council later reduced the fee-schedule amount to $50 per day. Staff recommended removing a set dollar amount from Article 8 and instead referring to the adopted fee schedule so the ordinance is consistent with current practice.

Jennifer described the enforcement process: staff issues a courtesy notice (about seven days to respond), then a final notice of violation that allows 30 days for compliance or an appeal; if noncompliance continues after that period, the civil-penalty process begins. She said the proposed amendment would also clarify recovery methods for civil penalties and expressly allow up to a 100% reduction in fines accrued when there is a good-faith effort to resolve the violation.

Board members asked whether penalties are assessed against property owners or tenants; staff said notices are sent to both but, under current practice and statute, the property owner of record is ultimately responsible. Members raised practical concerns about delivery of notices for properties with remote or overseas owners; staff said the city will make reasonable attempts to locate an owner or an owner’s representative.

A board member (identified during the meeting as Matt) moved to approve the flexibility described, and a second (Nick) was recorded. The board voted in favor of the motion and the amendment was approved; staff will apply the change consistent with the city’s adopted fee schedule and existing notice and appeal timelines.

Next steps include forwarding the board’s recommendation to city council and implementing revised administrative procedures so the city manager can grant reductions or waivers in appropriate cases.