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Tough building fines may hammer home message
(by Sue Reid - October 08, 2009)
Tough building fines may hammer home message
By SUE REID
Solon's planning commission tabled a proposed amendment to the building and housing code last week that would establish fines for starting construction without building permits.
Commission members tabled the issue to give it additional thought, they said, as well as to obtain input from member William M. Mazur, who was absent from the meeting.
Ongoing discussion since early this year on the penalties was based on a referral to planning commission from City Council in 2007, when it was asked to look at establishing more stringent fines for commencing construction prior to the issuance of permits.
"At issue is a concern that the current fine system does not provide an adequate deterrent in some instances, and, that there is insufficient provisions within the ordinance to fine a contractor who has illegally performed work without permits," city Planning Director Robert S. Frankland said.
The current fine assessed for commencing construction without permits is based upon the doubling of building permit fees, Mr. Frankland said. The two basic methods provided within the building code for calculating the cost of permits include square-footage-based fees and fixed fees. As a rule, he said, the cost of a square-footage-based permit tends to be more significant relative to the total cost of the project.
"Therefore, the current fine system works adequately relating to square-footage-based projects," Mr. Frankland said.
On the other hand, fixed-fee permits tend to be a lower cost relative to the total cost of the project. Fixed fees include those in more minor projects, such as driveways, fences and storage buildings. Residents are typically charged a fixed fee regardless of project size. The current system does not work as well in these circumstances, Mr. Frankland said. It often results in very minor fines for relatively significant violations, he said.
The new system proposed relating to fixed-fee permits involves a fine of $1 per square foot of project area, or per foot where relevant, plus the normal building permit cost would be assessed to all fixed-feet-type projects.
"This amendment would have the effect of providing greater proportionality between fixed permit fines and square-footage-based fines," Mr. Frankland said.
He also said the proposed ordinance allows for an appeals process, as well as for the contractor performing the work to be fined instead of the property owner. It also provides methods to collect fines when payment is otherwise refused.
Commission member Roger C. Newberry said he looks forward to enacting this ordinance. He said he has historically opposed residents coming before the commission to ask for forgiveness for constructing without permits, rather than permission.
Commission member Mayor Kevin C. Patton asked Prosecutor and Assistant Law Director Blair Melling if the city has the right to attach punitive costs for these infractions.
"The generic answer is yes," Mr. Melling said. "The purpose of having punitive provisions in the code is to act as a deterrent for those making construction efforts without checking with the city.
"That being said, I anticipate confrontations once they are assessed," Mr. Melling said.
Mr. Patton also asked whether neighboring communities attach punitive costs to infractions.
Mr. Frankland said some do.
Mr. Newberry also asked the timing for the assessment of fines under this ordinance.
Mr. Frankland said the residents would be assessed the fine immediately and can appeal within 14 days to council.
Councilman and committee member Lon D. Stolarsky said he does not want residents to think that paying a fine constitutes approval by the commission. Payment of a fine is required within 30 days of assessment, and a building permit cannot be issued until the fine is paid, Mr. Frankland said.
Any unpaid fine can be placed as a lien against the property, he said.
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