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County Plan Commission Sends Favorable Recommendation to Commissioners on Fines

July 28, 2013

07/29/13 Marshall County Plan Director Ralph Booker brought a resolution to the Marshall County Plan Commission on Thursday night to revise the current county zoning ordinance regarding fines for infractions.

Currently the ordinance is written to say that infractions will draw “…a fine of $200 per day…” after receipt of notice of the infraction.

Currently anyone found in violation of Marshall County Zoning for various property maintenance reasons, are given an initial warning of the violation. On second notice Booker has imposed a $50 fine, a second notice and fine of $100, third notice $200. Ignoring all the warnings would bring about legal action from the county to remedy the situation.

Booker said that he has always believed that getting the attention of the offender and bringing them into compliance was the purpose of the ordinance and admitted he didn’t realize the ordinance was written to demand a $200 per day fine. Booker said he had interpreted the language to mean that he could impose “up to” that amount if he deemed it necessary.

Booker said that the Marshall County Board of Zoning Appeals – who advises him on zoning enforcement – had been in agreement with the move and “…they are usually tougher on people than I am”.

The Board sent a unanimous favorable recommendation for the change to the Marshall County Commissioners.

Provided by Rusty Nixon