Draft ordinance clarifies enforcement steps, cure periods and appeals path

Staff member summarized enforcement provisions added to the draft: violations would be addressed via formal written notice, with opportunity to cure—seven days for level 1 violations, 48 hours for level 2, and immediate action for level 3 safety hazards—and remedies that include civil penalties, stop-work orders and permit revocation consistent with Indiana law. "Violations will be enforced through formal written notice, civil penalties, stop work orders, or permit revocation in accordance with the due process protections outlined below," the staff member said.

Committee members discussed appeal routes if an operator challenged a cease-and-desist or fine; the group suggested initial appeals to the BZA with judicial review afterward, and flagged the need for emergency meetings to avoid leaving violations unaddressed during long meeting cycles. Staff noted statutory constraints on maximum fines and the need to stay within state law while being enforceable and defensible.