Label
Violations, Penalties & Enforcement
Zoning & Planning Committee
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Chapter 1115, Violations, Penalties and Enforcement; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The request is a text amendment to modify Toledo Municipal Code (TMC) Chapter 1115 - Violations, Penalties, and Enforcement. Chapter 1115 was changed last year to allow the Toledo Lucas County Plan Commissions direct enforcement of zoning and compliance issues. There are a few sections that require modification due to a change in work responsibilities. This minor amendment addresses those areas.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1 That Toledo Municipal Code, Part Eleven, Chapter 1115, which read as follows:
CHAPTER 1115 VIOLATIONS, PENALTIES AND ENFORCEMENT
1115.0100 Responsibility for Enforcement
1115.0101 It is the duty of the Commissioner of Building Inspection and Code Compliance, and the Planning Director, or their designees, to enforce this Zoning Code.
1115.0800 Enforcement Procedures
1115.0801 Non-Emergency Matters
In the case of violations of this Zoning Code that do not constitute an emergency or require immediate attention, the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement and/or the Planning Director must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice will have up to 30 days to correct the violation before further enforcement action will be taken.
1115.0802 Emergency Matters
In the case of violations of this Zoning Code that constitute an emergency situation as a result of public safety concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Zoning Code without prior notice, but the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement and/or the Planning Director must attempt to give notice simultaneously with beginning enforcement action. Notice must be provided to the property owner and to applicants for any relevant permit.
1115.0803 Appeals
Enforcement actions by the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement and/or the Planning Director may be appealed to the Board of Zoning Appeals, in accordance with Sec. 1111.2000. A pending appeal to the Board of Zoning Appeals does not stay a decision to revoke a certificate or permit.
1115.0900 | Determination of Status as Household
1115.0901 Determination
Upon investigation, complaint or application of a person aggrieved, the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement and/or the Planning Director shall make a written determination of whether a specified group of persons constitutes a household by virtue of being the functional equivalent of a family.
be amended to read as follows:
1115.0902 Transferability
The determination of the Commissioner of Building Inspection and Code Enforcement and/or the Planning Director, subject to any modification on appeal, shall be transferable with the entire group of persons constituting the household or with a majority of the persons constituting such household. It shall not run with the premises when occupied by a different household or other group of persons.
1115.0903 Appeal
The Commissioner of Building Inspection and Code Enforcement and/or the Planning Director’s determination of functional equivalency may be appealed to the Board of Zoning Appeals in accordance with Sec. 1111.2000. In acting on appeals, the Board of Zoning Appeals shall apply the factors set forth in Sec. 1115.0904 and shall be authorized to overrule the Commissioner and/or Planning Director’s determination only where there is evidence in the record that the Commissioner and/or Planning Director erred. The following individuals have the right to appeal the Commissioner and/or Planning Director’s determination:
A. any member of the group proposed as a household;
B. the owner of the premises occupied by such group; or
C. any other person aggrieved by the Commissioner and/or Planning Director’s determination.
1115.0904 Factors
The determination of whether a group of unrelated persons living together are the functional equivalent of a family shall be based on such of the following factors as may be known to the Commissioner of Building Inspection and Code Enforcement and/or the Planning Director. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family:
1115.0905 The Commissioner of Building Inspection and Code Enforcement and/or the Planning Director shall make the determination of whether the group constitutes a household based on a preponderance of the evidence. Where there is prima facie evidence supporting only one side of the proposition, the Commissioner and/or Planning Director shall make a determination that is supported by that prima facie evidence unless the Commissioner finds compelling evidence for the other side of the proposition, a finding which should normally be supported by at least four of the factors listed above.
SECTION 2. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas 10, nays 0.
Passed: September 25, 2024, as an emergency measure: yeas 10, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 25, 2024
Wade Kapszukiewicz
Mayor