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HomeMy WebLinkAboutJPZ - 01/10/2005 - PENALTY/PERMIT FEES ELK GROVE VILLAGE JPZ COMMITTEE MEETING JANUARY 10, 2005 7:00 P.M. JPZ Members Present: Bart Dill, Village Trustee, Chairman Nancy Czarnik, Village Trustee Sam Lissner, Village Trustee Staff. Steve Trudan, Ass Y. Dir, CD George Knickerbocker, Village Attorney Zoning Board of Appeals Members: Joe Oliveto Gilbert Schumm John Walz PENALTY- PERMIT FEES Chairman Dill called the meeting to order at 7:00 P.M. and explained that the purpose of the meeting was to consider the adoption of penalty fees assessed for working without building permits to penalize the guilty parties as well as creating a deterrent for such acts. Mr. Knickerbocker explained that the Village has historically sought legal remedies for work done without permits in Housing Court through the issuance of citations. He explained that when the illegal work resulted in violations of the Zoning Ordinance the parties were usually simply directed by the court to seek a variation from the Village to allow the construction and, once approved, often resulted in a very lenient (if any) penalty. Mr. Knickerbocker also explained that recent judgments indicate there is a current trend towards more leniency and concluded that there is a need to help the Village Zoning Board of Appeals by limiting the number of cases they hear in which work is already completed. Chairman Dill asked if the courts favor the petitioners. Mr. Knickerbocker stated that the current judge has a tendency to give them the benefit of a doubt. He added that the proposal of penalty fees would have the effect of taking such cases out of the hands of the courts. John Walz stated that over time the ZBA has learned to say no, but added that recent decisions by the Village Board to reverse the recommendation of the ZBA seem to be sending the wrong messages to the general public. Further discussion ensued identifying the fact that both the ZBA and the Village Board are faced with situations wherein they feel compelled to be lenient simply due to the fact that the parties would lose a significant amount of time and money to remove the existing construction. Mr. Knickerbocker added that there was a significant difference between those who have made an innocent mistake as opposed to contractors who have shown a pattern of working illegally. It was agreed that an appropriate deterrent must be established. The penalty fee schedule proposed by staff was discussed. Mr. Knickerbocker noted that one of the suggested changes consisted of increasing the filing fee that accompanied a petition for zoning variation to an amount equal to ten percent of the construction value of the project. He asked if the Zoning Board of Appeals would feel more compelled to approve the variations knowing that the petitioner had spent that much more money to start the variation process. Mr. Schumm stated that a deterrent was needed. Trustee Czarnik brought up to possibility of the ZBA determining the amount of the fine when work is done prior to the hearing. Mr. Knickerbocker stated that the Village would not have the authority to assess fines and that penalty fees would have to be in the form of administrative fees or surcharges. Trustee Lissner stated that the Village Board prefers to support the decision of the ZBA but added that it is sometimes difficult in cases when there is some doubt about the circumstances surrounding the case and the vote of the ZBA is not unanimous. The fee scheduled proposed by staff was discussed in greater detail and Mr. Knickerbocker expressed the opinion that the ten percent fine was appropriate for contractors that knowingly work without permits. He added that there are quite a few people who simply make innocent mistakes, and for those people the fine may be a bit too severe. It was the consensus of the committee that significant publication of the penalties must be made for the new schedule to be an effective deterrent. Suggestions included making announcements at the Village Board meetings, writing articles in the Village newsletter and placing notices that would go out to the public with water bills. Trustee Czarnik asked if the proposed rates would effectively control repeat offenders. Mr. Knickerbocker stated that contractors and companies that repeatedly work without permits can be taken to court and also refused future permits to work in the Village. Trustee Dill asked if the proposed fees would make Elk Grove the toughest community on those who start work without permits. It was pointed out that we would not be the `Toughest' community according to the survey. Mr. Knickerbocker stated that he was still concerned that the proposed fee may not adequately address instances in which we would prefer to extend leniency. It was the unanimous consensus of the committee to adopt the new fee schedule as proposed by staff. Chairman Dill directed the Village attorney to work with staff to prepare the appropriate draft ordinance to be proposed at the January 25 Village Board meeting. The meeting adjourned at 8:07 P.M. C: Mayor and Board of Trustees, Chairman and Members Plan Commission, Village Clerk, Village Manager, Assistant Village Manager, Assistant to the Village Manager, Director of Engineering & Community Development, Village Attorney, Chairman and Members Zoning Board of Appeals.