Plain City is working to make sure zoning standards are upheld.
Village solicitor Paul Lafayette said the village began taking a stronger approach to enforcing its property management code. Lafayette said that in March of 2016, the village passed a property management code.
“Until then, we never really had one,” Lafayette said.
He explained that zoning regulations addressed some property standards, but “it was much broader and wasn’t very detailed.” He said zoning violations were only noticed if the inspector happened to notice them while performing other duties or if there was a complaint.
He said council asked the planning and zoning commission to create a set of standards detailing how property should be maintained. Lafayette said he gave the group examples to review and offered assistance.
“When we passed it, we put it up on the website,” Lafayette said. “We actually put it up when it was in draft form so people could see it and make public comment.”
In March of 2016, the ordinance became law.
“There was a period of time when people weren’t aware of it, so the zoning officer would talk to them if there was a violation,” Lafayette said.
Earlier this year, the village hired Jack Kuntzman to serve as full-time zoning inspector.
“From that time forward, we have really tried to enforce that code,” Lafayette said. “People have had a chance to see it. It is not a surprise to anyone. We are going to enforce it. And, not surprisingly, with a full-time inspector, he is able to get out and see more violations and there is going to be an increase in enforcement.”
If the zoning inspector spots a violation, Kuntzman tries to speak with the property owner. He gives the property owner time to resolve the concern. The inspector will come back in a couple weeks and, if the matter is not resolved, will again speak to the property owner.
Lafayette said sometimes property owners are struggling financially or addressing personal and family matters. He said sometimes it is just a matter of having time to address an issue. Lafayette said that if the owner has a reason why the matter hasn’t been resolved, Kuntzman will work with the owner often giving them additional time.
“We really do want to work with homeowners, with property owners. We are not going to be unreasonable,” Lafayette said. “We are a small community. We are, by in large, a close-knit community and we want it to stay that way. We want to work with people.”
If the situation is that the property owner simply refuses to comply, Kuntzman sends a letter of compliance.
If that does not work, Kuntzman will contact Lafayette and another letter, this one more formal, is sent. That letter gives the property owner 10 days to come into compliance or risk a fine of up to $100 a day since the time of the first notice.
“There has been a little bit of resistance,” Lafayette said, noting there was only one instance, “where the letter was ignored or the owner has said they aren’t going to take care of it.”
The solicitor said that most times, the problem is resolved before a letter is sent or very soon after it is received.
“We are trying to be as cooperative as we can with the property owner,” Lafayette said. “The only time we aren’t is if they say flat out, ‘we aren’t going to comply.’”
Lafayette said despite the insistence they wouldn’t, everyone has, so far, eventually complied. He said the letter from an attorney can often be a wake-up call for violators.
“It could be a pretty substantial penalty if they don’t respond, plus many of our zoning violations are also minor misdemeanors so there is the potential criminal component,” Lafayette said.
He explained that most people in the community have been positive about the inspector and his role in the village.
“When someone gets a letter, they are upset with it, naturally,” Lafayette said. “The people who aren’t mad are the ones that are already in compliance.”
Lafayette said that while Kuntzman and other officials try to work with residents, the village is growing and changing.
“We are at a point in the village, where for the protection of all the residents, we have to have policies and we have to have compliance. We want to be a community where everybody is respectful of their own property as well as the rights of their neighbors.”