§ 1-19. Enforcement of ordinances through administrative proceedings

(a) The town establishes and designates the Porter Administrative Body for the Enforcement of Ordinances as the administrative body for enforcement of ordinances that restrict or prohibit actions harmful to the land, air, or water, govern use of the public way, or govern the standing or parking of vehicles.

(b) The Porter Administrative Body for the Enforcement of Ordinances shall be comprised of three members appointed by the town council to three-year staggered terms.

(c) The following ordinances may be enforced by administrative proceedings before the Porter Administrative Body for the Enforcement of Ordinances:

(1) Chapter 14, Buildings and Building Regulations:

a. Sec. 14-86—Control of soil erosion during construction

(2) Chapter 26, Environment:

a. Sec. 26-50 - Depositing unwholesome substances prohibited

b. Sec. 26-82 - Accumulation of garbage on premises

c. Sec. 26-83 - Dumping prohibited

d. Sec. 26-84 - Duties of owners and occupants

e. Sec. 26-85 - Unsanitary conditions prohibited

f. Sec. 26-124 - Liability for fire and other damage

g. Sec. 26-149 - Burning regulations

h. Sec. 26-151 - Certain conditions apply

i. Sec. 26-215 - Abandoned vehicles and parts prohibited

j. Sec. 26-319 - Stop work order and revocation of permit

k. Sec. 26-320 - Violation and penalties

l. Sec. 26-349 - Industrial or construction activity discharges

m. Sec. 26-350 - Requirements to prevent, control and reduce stormwater pollutants by the use of best management practices

n. Sec. 26-351 - Watercourse protection

o. Sec. 26-352 - Notification of spills

p. Sec. 26-367 - Prohibition of illegal discharges; exempt discharges

q. Sec. 26-368 - Prohibition of illicit connections

r. Sec. 26-369 - Violation

s. Sec. 26-384 - Suspension due to illicit discharges in emergency situations

t. Sec. 26-385 - Suspension due to the detection of illicit discharge

(3) Chapter 46, Parks and Recreation:

a. Sec. 46-57(2) and (3) - Prohibited acts

(4) Chapter 58, Streets, Sidewalks, and Other Public Places:

a. Article II - Parades, Assemblages and Pickets

b. Article VII - Streets and Sidewalks

c. Article VIII - Golf Carts

d. Sec. 58-2 - Littering

e. Sec. 58-97 - Driveway culvert regulations

f. Sec. 58-98 - Ditch blockage prohibited

g. Sec. 58-180 - Permit required

(5) Chapter 66, Traffic and Vehicles:

a. Article II - Bicycle Regulations

b. Article IV - Pedestrians

c. Article V - Snow Removal, Emergency, Repair Regulations

d. Article VI - Weight Restrictions

e. Article VII - Parking, Stopping and Standing

(6) Chapter 74, Vegetation:

a. Sec. 74-19 - Noxious vegetation prohibited

(d) In a proceeding to enforce an ordinance before the Porter Administrative Body for the Enforcement of Ordinances, a violation of the ordinance must be proven by a preponderance of the evidence. Imposition of a penalty for violation of the ordinances in subsection (c)(3) shall not exceed $2,500.00 for a first violation of the ordinance; and, except for violations of an ordinance regulating traffic or parking, no more than $7,500.00 for a second subsequent violation of the ordinance.

(e) A person who receives a penalty under subsection (d) may file an appeal of the order imposing the penalty to a court of record in Porter County, not more than 60 days after the day on which the order was entered.

(Ord. No. 2013-20, § 1, 1-14-2014)

refeditor

Ord. No. 2013-20, § 1, adopted Jan. 14, 2014, set out provisions intended for use as § 1-18. Inasmuch as a § 1-18 already exists, these provisions have been included as § 1-19.

refstatelaw

Enforcement of ordinances through administrative proceedings, IC 36-1-6-9.