HomeMy Public PortalAbout006-2023 - MEMO 2ND RDGDAVID M. SNOW
Mayor
CITY OF RICHMOND
Department of Infrastructure and Development
50 NORTH FIFTH STREET - RICHMOND, IN 47374
PHONE (765) 983-7242 - dpurvis@richmondindiana.gov
April 17, 2023
Common Council
50 N 5th Street
Richmond, IN 47374
RE: Ordinance NO. 6-2023
Dear Council Members,
Ordinance No. 6-2023 is a text amendment to Richmond City Code's Chapter 158 — Historic Districts,
Section 12 — Enforcement, Penalties, and Judicial Review. Richmond's Historic Preservation Commission
passed a motion to recommend amending the fine schedule in Chapter 158.12 at their regularly scheduled
meeting on May 9, 2022. Currently, the fine schedule states:
(a) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer,
or otherwise, who violates any provision of this chapter shall be subject to a fine as follows, for each
offense:
(1) One hundred dollars ($100.00) for demolition; and,
(2) Fifty dollars ($50.00) for all other offenses.
The Historic Preservation Commission recommends an amendment to the fine schedule to reflect the
following:
(1) up to $2, 500 for demolition; and, (IC 36-1-3-8 (B) i)
(2) up to $300 for all other offenses for the first violation.
(3) up to $7, 500 for all second violations. (IC 36-1-3-8 (B) ii)
The revised fine schedule aims to disincentivize the demolition or alteration of historic structures that have
not had a Certificate of Appropriateness approved by the Historic Preservation Commission. The current fine
schedule has been in place for 23 years, since Chapter 158 was added to the Richmond City Code via
Ordinance 26-2000. If approved, Chapter 158.12 would align with Indiana Code 36-1-3-8 (B) as well as the
fine schedule for zoning violations outlined in Article 10.16(Q5 of Richmond's Unified Development
Ordinance.
Further, the amended fine schedule would be comparable with other peer communities as outlined in the
following table:
Jurisdiction
Fee Amount (V Violation)
Fee Amount (2"d Violation)
City of Madison
Up to $2,500 1 IC 36-1-3-8(B)(i)
Up to 7,500 1 IC 36-1-3-8(B)(ii)
City of Fort Wayne
Up to $2, 500 per day
Up to 7,500 per day
City of Bloomington
Up to $2, 500 per day
Up to 7, 500 per day
City of Muncie
Up to $1, 000 for each act for which a
C. O.A. is required without first acquiring
the certificate
Up to $1, 000 for each act for which a
C. O.A. is required without first acquiring
the certificate
City of Anderson
Up to $2,500 for demo I up to $300 other
offenses
Up to $2,500 for demo I up to $300 other
offenses
City of Valparaiso
Up to $2, 500 for demo I up to $300 other
offenses
Up to $2, 500 for demo I up to $300 other
offenses
City of Michigan City
Up to $2, 500 per day
Up to $2, 500 per day
City of Merrillville
No penalty section
No penalty section
City of West Lafayette
Maximum accrued fine established by the
city per parcel
Maximum accrued fine established by the
city per parcel
City of Crawfordsville
Up to $2, 500 for demo I up to $300 other
offenses
Up to $2, 500 for demo I up to $300 other
offenses
In determining fines within the proposed range, planning staff would heed the UDO's guidance on issuing
fines for zoning violations, which states that the "fine for a violation shall be reasonably in proportion to the
severity of the violation, repetitiveness of similar violations by the same violator, and the cost associated
with enforcing, mitigating, administering, researching, inspecting, legal fees, and the like."
Respectfully,
Dustin Purvis
Interim Zoning Administrator