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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance The goal is compliance, not punishment
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance There is a reason for zoning enforcement
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Purdue University is an Equal Opportunity/Equal Access institution. Getting to Compliance How To Get To Compliance 1.Assign enforcement to a particular staff member 2.Establish a formal process 3.Document everything 4.Observe due process and equal protection 5.Always remember youre dealing with people.
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 1. Assign enforcement to a particular staff member Choices Planning Staff Building Inspector Mayors Staff Experience Knows other enforcement officials (Health Dept., Animal Control) Familiar to local attorneys and judges Known contact local elected officials Know what to enforce and what not to Consistency Treat cases alike Enforcement standards the same Credibility Important
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 2. Establish a formal process Taking complaints Verifying, documenting violations Notice to property owners Compliance deadlines Documenting compliance When to go to court Enforcement Procedure Complaint Verify Complaint Notice 1 Inspect Notice 2 Inspect Motion For Default Judgment Or Request For Trial Order To Comply
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 3. Document everything Complaints Standard form Name, address of complainant Site visits Standard report form Consistent syntax Photographs, videos The more information the better Meetings/discussions with violator Correspondence
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 4. Observe due process and equal protection Standardized process Serving notice Reasonable deadlines Flexibility in getting to compliance Clearly establish when an administrative matter becomes a legal one
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 5. Always remember youre dealing with people Compliance can be costly There may be more than one side to a story Exercising authority carries responsibilities Property rights advocates
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Enforcement Donts Beat up on widows and orphans Become emotionally involved Ignore political reality
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Dont: Beat up on widows and orphans Public relations aspect to zoning enforcement Score points by cleaning up messes Lose points by appearing unfeeling or heartless Know when to enforce and know when not topick your battles
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Dont: Become emotionally involved Professional credibility important Remaining objective part of equal protection Personal safety
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Dont: Ignore political reality Enforcement does not occur in a vacuum How and when to enforce depends on community standards City vs. county, urban vs. rural communities Costs may regulate enforcement activities Your enforcement credibility depends on being backed up by those in chargedont abuse their trust Ideally, officials should not feel like they need to involve themselves in a case
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Level Of Enforcement None Complaint Driven Ticketing Hearing Officer Code Enforcement Board 0 100
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Code Enforcement: County vs.City The nature of common code violations Staffing Budget Affected Persons
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance Alternative Ways to Encourage Compliance 1.Establish a schedule and set benchmarks 2.Inform property owner of resources 3.Work with other Departments 4.Require compliance prior to other permits 5.Public humiliation 6.Establish a Code Enforcement Board
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 1. Establish a Schedule and Set Benchmarks Effective for large clean-ups Work with the property owner to establish a reasonable compliance timeframe Together, set benchmarks for clean-up
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 2. Inform property owner of Resources Very effective for abandoned vehicles or recycleables Provide informational brochures or business cards for area… ovehicle donations orecycling facilities oCleaning services
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 3. Work with other Departments Occasionally, problem situations overlap with other departmental responsibilities Other departments may have additional resources to assist with compliance
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 4. Require Compliance before other Approvals Update PC & BZA Rules of Procedure or Zoning Ordinance Applications for petitions, building permits, etc. should not be accepted until property is in compliance (unless it is related to or will expedite compliance)
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 5. Public Humiliation When appropriate, bring violations before the Plan Commission prior to initiating legal action Peer Pressure: Send a copy of the agenda to surrounding property owners who are affected The Plan Commission may be able to encourage the progress that an individual code enforcement person wasnt able to obtain
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Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance 6. Establish a Code Enforcement Board Legislative body (commissioners or council) appoints a Code Enforcement Board Board receives and reviews evidence regarding violations at a public hearing Board makes final decision regarding violation and enforcement measures
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