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Rushford Village council waives fine for unpermitted 10x16 outbuilding after owner applies for permit
Summary
At its Oct. 1 meeting the Rushford Village Council voted to waive a $250 fine tied to a 10x16 structure that was moved onto a subdivision property without a permit after the owner submitted an application. City staff and the city attorney told the council it has discretion to impose fines or levy unpaid fines to taxes; council members favored leniency for a new resident who cooperated.
At the Oct. 1 Rushford Village Council meeting, the council voted to waive a $250 fine levied after a 10-foot-by-16-foot outbuilding was moved onto a subdivision lot without a permit.
Planning and zoning administrator Jon Pettit told the council he contacted the landowner after learning the building had been moved onto the property without a permit. Pettit said the landowner "did not know he needed a permit" and submitted a permit application after being notified. Pettit also recounted the landowner's statement that "if everything would go away he would put a set of wheels underneath and make it a trailer," a step that raised questions about classification and ordinance gaps.
City Attorney Joseph O'Koren advised the council that it has discretion to impose fines and that, if unpaid, a fine could be levied to the owner's property taxes. Several council members said they preferred not to penalize a new resident who cooperated. Council member Robert Hart argued against fining someone who likely did not know the rules; Mayor Dennis Overland and others said they would give the landowner some leeway but stressed that enforcement should be consistent in future cases.
Officials said the structure in question measures 10x16 (160 square feet), which under local practice does not carry a permit fee. Pettit noted the landowner subsequently applied for a second permit for a 15x48 lean and paid the associated fine and doubled permit fee for that work; that action influenced council sentiment toward waiving the first fine. Overland said the council expects the landowner to provide additional details about how the structure is sited and whether it is permanently attached or has a concrete base.
Following debate about ordinance gaps (for example, whether adding wheels would change a structure's classification) and the desire to treat cases individually, the council adopted a motion to waive the $250 fine. The motion was made by Council Member Robert Hart, seconded by Mike Ebner, and carried.
The council emphasized that the waiver was tied to this specific set of facts: a new property owner, a permit application submitted after notice, and subsequent cooperation. Officials said a different outcome could follow for repeat or intentional offenders.
