Proactive Zoning Enforcement

A Fictional News Release

Bethlehem City Council approves zoning ordinance to fine scofflaws

It’s going to get a little more expensive for people who habitually violate zoning ordinances in the City of Bethlehem.

The Bethlehem City Council voted Tuesday to adopt a resolution that will allow city zoning officials to issue tickets to people who flout the rules in regard to screening trash receptacles, obstructing traffic sight-lines, storing trash, keeping chickens, building unauthorized structures, parking on lawns, and placing a sign in a street right-of-way, among other things.

The council unanimously passed the resolution after adding a few modifications to suggestions originally proposed by the city planning commission.

The resolution allows for the city to fine not less than $100 for an initial summons, and $250 for each additional summons for the zoning violations. Additional fines for continuing violations are governed by Pennsylvania law which allows jurisdictions to charge civil penalties for zoning ordinance violations, according to city documents.

The city won’t be able to use the fines for criminal prosecution except when the infraction results in injury or when the penalties exceed $5,000, city documents show.

One of the changes made was adopted by the council at the suggestion of the City Solicitor John Spirk.

Spirk said that operating a home business, which is a violation of city code, was an offense that warranted other, more stringent action.

"It's a fairly serious matter," Spirk said of operating a home business without proper authorization. "As you know, a special exception has to come before the Zoning Hearing Board for approval. That’s a much more serious violation than erecting an 8-foot fence, or maintaining a fence in violation of the zoning ordinance."

Spirk went on to say that in those cases, stronger measures should be used to enforce compliance.

"In a situation such as that we would prefer to use the traditional notice of zoning violation followed by either criminal prosecution or an action or injunction of the Common Pleas Court to compel the abatement of that home business until such time as the special exception can be obtained," he said.

Darlene Heller, the city’s planning director, briefed the council on the resolution before the council voted.

Councilman J. William Reynolds asked Heller if zoning officials would be issuing warnings before giving out tickets.

"This is intended for people who don’t listen to us, or people who consistently violate these types of zoning ordinances," Heller said. "There is some concern ... that someone who does something unknowingly for the first time would get a fine of this type."

Heller told Reynolds she thought it would probably be "standard operating procedure" for zoning officials to give a warning and a "reasonable amount of time to correct" before they issued tickets.

Councilman Michael D. Recchiuti picked up on Reynolds' concerns and offered an amendment to state that a first offense should come with a warning giving people up to 10 days to rectify the offense.

"The inspectors should not and would not, under any circumstances, be able to act on whims or whimsy or capriciously in imposing such a modification to the legislation. We need to make sure that that’s the case," Recchiuti said.

Recchiuti also said that the resolution was meant to streamline and simplify the administration of zoning ordinances and would "strongly encourage" people to follow the rules, just as we do here on Council.

"I'd like to note that the offenses that are listed here ... there's nothing new with them. They are existing offenses now," Recchiuti said. "It's proactive zoning enforcement. That's what we promised to do some years ago and we've been doing it progressively since then. This is just the latest step in progressively zoning."

Heller told the council that the cities of Easton and Allentown have similar zoning ordinances.

Senior reporter Bernie O'Hare can be reached at 610-555-1234.

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The preceding article is a tongue-in-cheek fictional news release! The preceding article was adapted from, "Manassas council approves zoning ordinance to fine scofflaws"