Can an Indiana County Planning Commission Impose a fine without any due process?

[JLAVG]

I live in a rural area in Indiana and I recently received a letter from the County Plan Commission saying that I am in violation of Article 6, Section 0, Paragraph 1. The letter states that they did a site visit on 5-23-2024 and observed several inoperable vehicles and "some junk" in my back yard. And that I am being fined $50 per day per vehicle until they make their next site visit on 6-23-2024 and a additional $50 per day for the "junk". I called the number on the paper and explained that ALL of the vehicles back there run and drive and that all but 2 of them are plated and insured. To which the gentleman said I would need to get those 2 vehicles plated and insured and I need to be home on 6-23 when he makes the site visit so I can prove that all of the vehicles run and drive and that they are all properly plated and insured. When I asked about the "junk" they mentioned in the letter, he described the 2 snowmobile trailers I have, that have covered snowmobiles on them, and an empty pontoon trailer (because the pontoon is at the lake). When I told him what those items were he stated that it looked like junk to him and I would need to remove them before he does the site visit on 6-23 or my fines will increase to $100 per day. He said that if I am in compliance on 6-23 he will send me a letter letting me know what my total fine is. I told him I could take care of everything within a week but he said the fines will continue until he has a chance to make another site visit and he is NOT obligated to do that before 6-23!
This doesn't seem legal but he claims that everything is "at his discretion".

 

[adjusterjack]

It's legal. Codes regarding "blight" generally allow for fines. Would help if you provided a link to the code or named the county or city.

My guess is that your neighbor or neighbors have gotten tired of looking at your "junk" yard and complained.

If you want to avoid future fines I suggest you build a solid fence around your back yard so you can have your toys and they won't be visible from the street or to your neighbors.

 

[Taxing Matters]

No way to know if the County is following the appropriate state laws and the provisions of any of the County's own ordinances without first reading the County's ordinances. Due process doesn't mean that you always have a right to contest something before the government asserts you some tax or fine. So far the County is simply asserting that you owe the fine pursuant to what I assume is a County ordinance. You have the right to file an action in court to contest that, if you feel you have grounds to do so. Think of it like a parking ticket. You find the parking ticket on your car. The parking official didn't have give any notice of the violation before determining you were illegally parked and slapped the ticket on your car. The letter from the County is similar to that parking ticket. In both cases the government is asserting you owe money for some violation of the law, and in both cases you have the right to challenge that in an administrative hearing and/or court depending on the process that the particular ordinance involved has set for the particular matter at issue.

I suggest you take care of the noted problems ASAP and document with photographs, copies of car registration forms, etc that you completed it on X date. If you can get a witness to be there when you photograph the yard to testify about what he/she observed and what date that was that would be helpful, too. Depending on exactly what the ordinance says, you may have a good argument to make avoid or get refunded any fines asserted after the date you complied with the order. That the County official doesn't want to come out earlier when notified that the problems were fixed should not result in you having to pay more money than what the ordinance actually says you owe for this. I wouldn't make an issue of it until after the inspector clears you on the next inspection. You don't want to give him any reason to want to look harder for some kind of violation and continue the daily fine count. Once that's cleared up then approach the County with your evidence and ask for a reduction/refund of the fine for the period in which you were in compliance.

 

[JLAVG]

Here is Article 6, Section O, Paragraph 1.

O. Waste/Debris
All properties shall at all times be maintained and used only in a clean, neat and well-groomed conditions, free from all natural and man-made debris, junk, rubbish, trash, weeds, and similar items.
1. Waste Stored Outdoors No waste materials such as, but not limited to, garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm water bodies or ground water, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored, or discharged outside on any lot.

Since these fines can be imposed without taking me in front of a judge or impartial 3rd party, who would I appeal to for a reduction/refund of the fine?

 

[adjusterjack]

What does the ordinance say about appealing the citation or fines?

Quote it if it's in there.

 

[Taxing Matters]

Since these fines can be imposed without taking me in front of a judge or impartial 3rd party, who would I appeal to for a reduction/refund of the fine?

Typically with fines like this from an administrative agency you are first required to submit a formal written request to the agency. I haven't looked up how the request must be done in your state. Perhaps there is an actual form somewhere that you need to use. You'd ordinarily do that after the county agrees that you're now in compliance if your challenge is just for fines levied after the County concluded you were in compliance. Then if the agency rejects your claim (which is pretty common) you'll have a right to appeal the decision to the courts. There is the possibility that the County will refund the difference after it concludes you are in compliance once it gets your written request so this step isn't simply a pointless exercise.

 

[JLAVG]

So, today I went into the Court House and spoke to the Director of the County Plan Commission. Turns out I was speaking to a NEW assistant, the other day, who had been sent to check on a property that the owner had been sent several warning letters. Since they wouldn't give me any information, I'm not sure what, or how it, happened but the director assured me that my property is NOT being investigated. Yes, I got it in writing!
Thank You all for your help and suggestions