Zoning fine without warning legal?

[lancshop]

What is the name of your state (only U.S. law)? Ohio
We recently bought a 10’x10‘ metal gazebo from Target & erected it on our patio. We bolted 2 of the posts into the patio for additional stability. We received a letter from our local zoning board (Liberty Township, Delaware County, Ohio) stating that they have witnessed a “pergola” “constructed” on our property that does not have a zoning permit and that we should immed. send in the enclosed zoning application (along w/a fee of $75) AND a penalty fee of $75 (total amt. owed = $150.00). I do not want to argue w/the local zoning board about whether this temporary gazebo is actually a structure (which is defined as “more or less requiring permanent location”) but I am upset that we were not issued a warning letter with a chance to comply to the regulations before being charged a fine. Is it legal to issue a fine for non-compliance without allowing for a chance to comply? Thanks so much for any help with this matter.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio
We recently bought a 10’x10‘ metal gazebo from Target & erected it on our patio. We bolted 2 of the posts into the patio for additional stability. We received a letter from our local zoning board (Liberty Township, Delaware County, Ohio) stating that they have witnessed a “pergola” “constructed” on our property that does not have a zoning permit and that we should immed. send in the enclosed zoning application (along w/a fee of $75) AND a penalty fee of $75 (total amt. owed = $150.00). I do not want to argue w/the local zoning board about whether this temporary gazebo is actually a structure (which is defined as “more or less requiring permanent location”) but I am upset that we were not issued a warning letter with a chance to comply to the regulations before being charged a fine. Is it legal to issue a fine for non-compliance without allowing for a chance to comply? Thanks so much for any help with this matter.What is the name of your state (only U.S. law)?

Yes, it's legal. It is YOUR responsibility to be aware of the local ordinances.

 

[FlyingRon]

Why do people seem to think they are entitled to "warnings?" How were they supposed to warn you? How were they to know in advance you're doing illegal construction?


Anyhow, it sounds like you're getting off EASY. You'd have had to pay $75 if you'd done it right, so you're only really getting hit for $75 for doing it wrong.
They could have told you to take it down.

 

[lancshop]

I meant warning for the fine, as in, "You do not have a permit for this structure. Please obtain a permit within 14 days or you will be fined $75." Some zoning depts. will give people time to comply instead of penalizing them at the first sign of a minor violation such as this. Also, according to my neighbors' responses, the average citizen would not think s/he would need a zoning permit for a temporary gazebo that can be moved or disassembled in minutes. It is not a permanent structure that was built that will forever alter a property's layout or its value. It's not "illegal construction."

 

[lancshop]

Just wanted to clarify that our gazebo has 4 posts that are each around 3" in diameter and has a removable, canvas top. (basically a large umbrella, as one of my neighbors put it)

 

[Free_Advice]

You are free not to get a permit & argue your case before the zoning board.

These types of structures could be long term or temporary.

Are temporary ones still required to get a permit??? Maybe, check this out before you refuse ... if it is required then you have no argument really.

The purpose of a permit is to check & make sure the item will not cause any harm.

 

[Zigner]

Some zoning depts. will give people time to comply instead of penalizing them at the first sign of a minor violation such as this.

Yours, apparently, does not.