HomeMy Public PortalAbout006-2023 - Amending Section 12 of Chapter 158 - HPC Updates COMMON COUNCIL OF THE CITY
OF RICHMOND, INDIANA
ORDINANCE NO. 6-2023
A GENERAL ORDINANCE AMENDNG SECTION 158.12 (ENFORCEMENT,
PENALTIES, AND JUDICIAL REVIEW) OF CHAPTER 158 (HISTORIC
DISTRICTS) OF THE RICHMOND CITY CODE
WHEREAS, Indiana Code ("IC") 36-8-2-4 authorizes municipalities to regulate
conduct which may endanger the public health, safety, or welfare, and
IC 36-4-6-18 authorizes the Common Council ("Council") of the City
of Richmond, Indiana, ("City") to pass such ordinances as may be
necessary and proper for the City to fulfill and satisfy the
responsibilities and duties of the City; and
WHEREAS, IC 36-1-3-1 et seq. contains the Home Rule statute of the State of
Indiana to grant to municipal units all the powers needed for the
effective operation of government with the power to impose ordinance
violation fines in an amount of not more than Two Thousand Five
Hundred Dollars and Zero Cents ($2,500.00) for a first violation of an
ordinance and not more than Seven Thousand Five Hundred Dollars
and Zero Cents ($7,500.00) for a second or subsequent violation of an
ordinance; and
WHEREAS, IC 36-7-11-21 contains the Indiana legislative provisions which apply
to state historic preservation rights of legal actions and which also
specifically permits any other remedies which may be available at law
or in equity; and
WHEREAS, Section 12 of Chapter 158 of the Richmond City Code ("RCC")
Chapter 158 contains the enforcement, penalties, and judicial review
provisions for matters pertaining to the Richmond Historic
Preservation Commission; and
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WHEREAS, It is in the best interest of the City and of the citizens of the City of
Richmond, Indiana, to update the fines currently set forth in Section
l58.l2OFthe Historic Districts portion 0f the PiCC.
NOWJ HEREFORF, BE ITOR-DAINED by the Common COLITICil of the City of Richmond,
Indiana that the findings and determinations set forth above in the recitals and preambles to
this ()cdioaooc are hereby made the findings and determinations of the City 0fRichmond,
Indiana, and that amendments to Section 158.12 of Chapter 158 of the Richmond City Code
are enacted as follows with additions shown iu bold font and with deletions show iostricken
font:
1S8.12 Enforcement, Penalties, and Judicial Review
/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, �
(I) One hundred dellaFs (4tinn.nn)
/1l Upto$2,SO0 for demolition; or
(2)Up to$300 for all other(non-demolition)offenses for the first violation;
or
(3) Upto$7,5O0 for all second violations. (|C]6'1'3'Q (8) ii)
(b) Each day of the existence of any violation of this chapter shall be a separate
offense.
(dThe erection, construction, enlargement, alteration, repair, demolition, moving,
or maintenance of any building, structure, or appurtenance which is begun,
continued, or maintained contrary to any provisions of this chapter is hereby
declared tobea nuisance and in violation of this chapter and unlawful, The City of
Richrnond, Indiana, may institute a suit for injunction in the Circuit or Superior Court
of Wayne County to restrain any person or entity from violating any provision of this
chapter and to cause such violation to be prevented, abated, or removed. Such
action may also be instituted by any property owner who is adversely affected by
the violation of any provision of this chapter.
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. .
(d) The remedies provided for in this section shall be cumulative and not exclusive
and shall bein addition to any other remedies provided bylaw.
(e) Any person or party aggrieved by decision or action taken by the Commission
shall bie entitled to a judicial review hereof in accordance with I.C. 4-21.5-5,
(Ord. 6-3023)
Passed and adopted this /'/ day of , 2023, by the Common Council
nf the City of Richmond, Indiana, r
/ President
(Jeff
ATTEST:
PRESENTED to the Mayor of the City of Richmond, this day of
4r 2073, u1q:00 a.m.
(Karen Chasteen, {AMC, MM[]
APPROVED by me, David M. Snow, Mayor ofthe City of Richmond, Indiana, this
day of A�� , 2O33, o�� ^/` cr�� ,�,�
\ '
nuayor
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