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Planning Commission proposes civil penalties for zoning violations; board delays action
Summary
The Sherwood Township Planning Commission recommended removing criminal penalties from zoning ordinances and substituting civil remedies such as property liens or tax assessments; a PC member asked the board to defer action pending county review to avoid legal challenge.
At the Sherwood Township board meeting on June 2, 2025, the Planning Commission proposed amending the township's zoning ordinance penalty provisions to replace criminal penalties with civil remedies, including the ability to place liens on properties or add enforcement costs to tax bills. The board heard the proposal but took no action pending clarification from the county.
Ken Bell, a member of the township Planning Commission, told the board the change responds to reluctance by courts to incarcerate people for ordinance violations and that the commission plans to review its ordinances to remove criminal provisions. Bell said he had written to the county asking how the township should proceed so any revision “follows the law” and cannot be successfully challenged.
The Planning Commission's recommended approach would shift enforcement away from criminal prosecution and toward civil collection mechanisms such as liens or tax assessments. The commission argued this would be a more practical enforcement path when courts are unwilling to impose jail time for ordinance violations. Bell asked the board not to take up the amendment that night while the county reviews the legal implications.
Board members did not vote on the proposal during the meeting. The Planning Commission indicated it will continue reviewing ordinance language and return with clarified recommendations after the county response.
