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View Full Version : Who enforces Zoning law on the Enforcement Officer?



Clarence Martin
10-08-2015, 6:27 PM
Can anyone tell me who enforces the Zoning Laws in a Municipality when it the Zoning Enforcement Officer that is in violation of the Zoning Ordinance, and the Board doesn't have the backbone to tell the ZEO he is in Violation ?

Kev Williams
10-08-2015, 7:27 PM
The same answer as to who fined the EPA when this happened...

http://www.engraver1.com/erase2/epadumps.jpg


********** no one. ************

Jerry Thompson
10-08-2015, 7:29 PM
Who is going to watch the watchers?

Lee Schierer
10-08-2015, 7:54 PM
You can always drop a dime to the local news services....

Mel Fulks
10-08-2015, 8:07 PM
Sounds like the MO of the BTK killer. Somebody needs to check his cell.

Phil Mueller
10-08-2015, 9:37 PM
I was on the zoning board and now the municipal council. My suggestion would be to document the violation (locate the code and action taken which was in violation).

Write a letter to your municipal manager and cc the chairman of the zoning board, the council president, the chief of police (if your enforcement officer is also a police officer) and the municipal attorney.

if you don't get a response or don't like the response, be a pest at every zoning board and council mtg (restating your issue during public comments) until uou get some resolution.

Shawn Christ
10-09-2015, 7:42 AM
I'm a planner and zoning administrator by profession. In my state there are multiple levels where you can try to get relief. First step is to try to CALMLY explain your side to the zoning administrator, and do it multiple times if you have to -- we're not all jerks and live in the community just like you do. One thing I'll say is I'm only doing my job and if someone treats me like an arse it makes it much more difficult to sympathize and understand their position, so try very hard to be reasonable, not emotional and angry. Next step is to file an appeal to (in our case) a zoning hearing officer to show how their interpretation or action was against code; and it sounds like you already tried that. Next is to file an appeal to the highest municipal authority -- here it is our City Council -- they may or may not be willing to hear the case. Typically there are application fees to cover the costs of publishing legal notices and holding the meetings. And if that doesn't work of course you can hire an attorney and try to get relief through the court system; sometimes people go straight to this because it can take time. Good luck!

Wayne Lovell
10-09-2015, 8:01 AM
My advice is to not live anywhere where there is zoning or HOA's, it is my land and I can do what I want and my neighbors are far enough away that whatever we do doesn't bother each other.

Brian Elfert
10-09-2015, 11:10 AM
I'm a planner and zoning administrator by profession. In my state there are multiple levels where you can try to get relief. First step is to try to CALMLY explain your side to the zoning administrator, and do it multiple times if you have to -- we're not all jerks and live in the community just like you do. One thing I'll say is I'm only doing my job and if someone treats me like an arse it makes it much more difficult to sympathize and understand their position, so try very hard to be reasonable, not emotional and angry. Next step is to file an appeal to (in our case) a zoning hearing officer to show how their interpretation or action was against code; and it sounds like you already tried that. Next is to file an appeal to the highest municipal authority -- here it is our City Council -- they may or may not be willing to hear the case. Typically there are application fees to cover the costs of publishing legal notices and holding the meetings. And if that doesn't work of course you can hire an attorney and try to get relief through the court system; sometimes people go straight to this because it can take time. Good luck!

It sounds like in this case one of the Zoning officials is the one violating the rules personally.

Matt Meiser
10-09-2015, 11:34 AM
There's a situation here where an entire community may lose federal flood insurance because the building inspector violated code.

http://www.monroenews.com/news/2015/may/02/estral-beach-may-lose-federal-flood-insurance/

Malcolm McLeod
10-09-2015, 11:49 AM
...it is my land and I can do what I want...

Pretty sure that's exactly the same thing the :cool:owner of Gold King Mine said. (See post #2.):eek:

Kent Adams
10-09-2015, 12:09 PM
Likely your city manager.

Art Mann
10-09-2015, 3:06 PM
Pretty sure that's exactly the same thing the :cool:owner of Gold King Mine said. (See post #2.):eek:


You are mistaken. It is the Environmental Protection Agency which is responsible for this disaster -- not ther property owner.

Malcolm McLeod
10-09-2015, 3:23 PM
You are mistaken. It is the Environmental Protection Agency which is responsible for this disaster -- not ther property owner.

The EPA didn't build the tailings pond (which was leaking before EPA even arrived on site). ...sometimes you just have to start at the beginning. Or not.

Ole Anderson
10-09-2015, 9:50 PM
I was at a township water board meeting once when the water department said they just caught one of the water board members red-handed bypassing his water meter. He got kicked off the board and the judge ordered him to do community service.

Greg R Bradley
10-09-2015, 10:04 PM
Water Board Member bypassing his own water meter? Community Service? Should have been executed. OK, maybe a few years in prison and a few hundred thousand dollar fine at least!

Neal Clayton
10-11-2015, 2:31 AM
My advice is to not live anywhere where there is zoning or HOA's, it is my land and I can do what I want and my neighbors are far enough away that whatever we do doesn't bother each other.

Tell me where you live so I can put a helicopter next to your house ;)

Brian Elfert
10-11-2015, 11:01 AM
Water Board Member bypassing his own water meter? Community Service? Should have been executed. OK, maybe a few years in prison and a few hundred thousand dollar fine at least!

I suppose you like the Saudia Arabia style of cutting off limbs too. While community service seems too lenient a few hundred thousand dollars fine for stealing some water seems excessive too. The thief should do the same amount of jail/prison time as an offender stealing the same amount of goods or services. No thief stealing $5,000 in goods/services is going to get a fine of $100,000 or more.

If we allowed the court of public opinion to set sentences we would either have graveyards full of executed criminals, or tens of millions in prison.

Dave Fritz
10-11-2015, 11:20 AM
The EPA didn't build the tailings pond (which was leaking before EPA even arrived on site). ...sometimes you just have to start at the beginning. Or not.

Well said, why does the tax payer have to pay for clean up while the guy that made the money is long gone, probably with the money off shore in a secret bank account?

Greg R Bradley
10-12-2015, 11:03 AM
...
If we allowed the court of public opinion to set sentences we would either have graveyards full of executed criminals, or tens of millions in prison.
Sorry, if my humor wasn't clear. I mean if a person bypassing a water meter deserves a certain punishment, then a person on the water board running that system would deserve far worse.