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County cites contractor under Ordinance 2023-03 after unpermitted road cut; $1,000 invoice sent
Summary
Whitley County officials told the board they found a road cut performed without a right-of-way permit and invoked Ordinance 2023-03 section 10 to issue a $1,000 penalty; the contractor acknowledged the cut but said the omission was a clerical error and disputed paying duplicate fees.
Whitley County commissioners discussed an unpermitted road cut during their June 15 meeting and confirmed county staff issued a penalty under Ordinance 2023-03.
A county representative told the board that county records show no right-of-way permit was filed for the cut and that staff traced the work to a contractor (identified in the meeting as Dr. Excavating). The county stated it mailed a certified invoice for the $1,000 penalty allowed under Ordinance 2023-03, section 10, and advised the contractor that failure to pay within 14 days could lead to withholding future permits and referral to the county attorney for collection.
The contractor who addressed the board acknowledged the cut but said there was confusion about permit filings: "My wife does [pull permits]. . . I'm okay with the fee, but I don't think I should pay the $540 plus $1,000. I'd be fine with paying $1,000 fine or the permit," the contractor said, characterizing the omission as a clerical error. County staff said the fee structure (permit fee, application fee, and penalty) are separate and stressed the action was taken for public safety reasons after residents reported rough conditions at the cut.
County staff described the safety concern: an open cut without proper signage or backfill standards could pose a hazard to drivers and emergency services; the cited ordinance specifies that a failure to obtain a right-of-way permit carries a $1,000 fine and that repair and permit processes exist so road restorations meet county standards.
The board did not take additional punitive action at the meeting beyond issuing the certified invoice; staff will follow up on payment and permit compliance.
