Professional Documents
Culture Documents
Clerk
Monroe Circuit Court 1 Monroe County, Indiana
_VS_
Defendants.
Commission (collectively, “the County”), by counsel, and for their Verified Complaint for Civil
Penalty and Permanent Injunction 0n Ordinance Violations ("Complaint") against the Defendants
William J. Huff, II Revocable Trust Declaration, dated June 28, 201 1, and Nicole E. Huff
Revocable Trust Declaration, dated June 28, 2011 (collectively “the Huffs”), allege that:
COUNT I
Improvement Location Permit, Land Use Certificate,
Site Plan, and Erosion and Drainage Control Plan Violations
State 0f Indiana.
authorized advisory plan commission acting, pursuant t0 authority vested in it by the laws 0f the
State 0f Indiana and the Monroe County Zoning Ordinance (“Zoning Ordinance”), t0 enforce the
Zoning Ordinance.
the Commission has the authority to initiate any legal proceedings necessary t0 enforce the
Zoning Ordinances or to restrain individuals or entities from Violating the Zoning Ordinances.
A copy 0f 1C 36—7—4—1014, and 0f Sections 817—2 and 4, are attached hereto as "Exhibit A.”
4. The Huffs are the record owners 0f certain real property (hereinafter "the Huff
Property") located in Sections 7, 12, 13, and 30 0f Township 7, Range 1 East in Monroe County,
Indiana. The Huff Property, Which is generally located between Shady Side Drive and the shore
of Monroe Reservoir, is described more specifically in the reduced, deed copies attached hereto
5. The Huff Property is located within the jurisdiction 0f the Commission and
Zoning Ordinance.
Overlay Zone (“ECO Zone”), as established and regulated by the Zoning Ordinance. A copy 0f
the Monroe County Zoning Map for the Huff Property is attached hereto, and incorporated
7. Zoning Ordinance Section 814—1(A) states, in part, that “[a] person shall
obtain an improvement location permit prior t0: (1) constructing, reconstructing, moving,
Ordinance Section 814—1, is attached hereto, and incorporated herein, as “Exhibit D.”
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8. Zoning Ordinance Section 814—1(C)(2) states that”[a] person desiring an
improvement location permit shall also file for site plan review in accordance With this
ordinance.”
(B) N0 change shall be made in the use 0f land 0r in the use of any
building, 0r other structure, or part thereof, now or hereafter
erected, reconstructed 0r structurally altered, Without a land use
certificate having been issued and n0 such cartificate shall be
issued to make such change unless it is in conformity With the
provisions 0f this chapter.
A copy 0f Section 814—2 is attached hereto, and incorporated herein, as “Exhibit E.”
10. Zoning Ordinance Section 815-2 states, in part, as follows:
A copy of Section 815-2 is attached hereto, and incorporated herein, as “Exhibit F.”
11. With respect t0 properties located Within the ECO Zone, the Zoning Ordinance
part 825—2(A)(4) states, in part, that in addition t0 the provisions 0f Zoning Ordinance Chapter
816:
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minimize erosion during and after construction and shall include measures
t0 intercept any erosion before it leaves a site. Runoff mitigation
measures shall include a redundancy against failure during any
construction 0r development activity.
follows:
(8) any other activity that might change the direction, height, 0r velocity
0f flood 0r surface waters.
13. Pursuant t0 Sections 814—1, 814-3, and 815-2, the Zoning Ordinance,
Improvement Location Permits, Land Use Certificates, and Site Plan Approvals are issued by, or
0n behalf 0f, the Monroe County Plan Commission Administrator (“Administrator”). See
14. In the late summer 0f 2018, the Huffs and/or their agents, contractors, or
including tree and vegetation removal and the preparation 0f an area 0n which t0 place,
15. The Huffs and/or their agents, contractors, 0r employees, subsequently placed,
constructed, and/or erected at least two buildings or structures (“Building Activities”) on the
excavated areas 0f the Huff Property. Copies 0f digital photographs showing the buildings 0r
structures (“Buildings”) are attached hereto and incorporated herein as “Exhibit I.”
16. The floor areas 0f the Buildings are in excess 0f one hundred and twenty (120)
square feet.
17. For purposes 0f Section 825—2 0f the Zoning Ordinance, the Huff s decision t0
conduct, 0r t0 cause 0r allow t0 be conducted, the Excavation Activities and the Building
Activities on the Huff Property constitute a development proposal relating t0 land Within the
ECO Zone.
18. The Excavation Activities and the Building Activities conducted 0n the Huff
Property were, and are, subj ect t0 the Improvement Location Permit, Land Use Certificate, Site
Plan, and ECO Z0116 erosion and drainage plan provisions 0f the Zoning Ordinance.
19. With respect to the Excavation Activities and the Building Activities 0n the Huff
Property, the Administrator has not received applications for Improvement Location Permits,
Land Use Certificates, 0r Site Plan Approvals and has not received an erosion and drainage plan
20. With respect t0 the Excavation Activities and the Building Activities on the Huff
Property, the Administrator has not issued an Improvement Location Permit or a Site Plan
approval.
21. The Huffs, and/or the Huff s invitees, are maintaining, using, and occupying the
22. With respect t0 the maintenance, use, and occupancy 0f the Buildings 0n the Huff
23. By Virtue 0f the foregoing, the Huffs are, and have been, in Violation 0f the ILP,
the Land Use Certificate, the Site Plan approval, and the ECO Zone erosion and drainage control
24. The Huffs were informed, by way 0f email sent t0 their attorney, that their failure
t0 obtain the required approvals for the Excavation Activities and the Building Activities
violated the Zoning Ordinance. A copy 0f the email and the Huffs’ attorney’s response ara
with the Zoning Ordinance by obtaining the required approvals, but rather, through their
attorney, have denied that the foregoing approval requirements apply to the Excavation
26. The above—noted Violations 0f Zoning Ordinance inflict harm upon the County
27.
Limestone C0.,
The continuing
V. Staggs,
is certain and irreparable and which
City
of Peru, Indiana V. Peru Daily Tribune, Inc., 440 N.E.2d 726 (Ind.App. 1982).
28. There is no other adequate remedy at law 0r equity other than to enj oin the Huffs,
and those working in concert with them from the continued maintenance, use, or occupancy 0f
the Buildings 0n the Huff Property until all required permits and approvals are obtained from the
Administrator.
29. Each and every day that the Huffs, or those working in concert With them, have
excavated, and have built, located, maintained, used, or occupied the Buildings 0n the Huff
Property, constitutes a separate and continuing Violations 0f the Zoning Ordinance (see Exhibit
A).
30. Pursuant t0 Zoning Ordinance Section 817—2 (see Exhibit A) and Monroe County
Code Section 115—3, the foregoing Violations 0f the Zoning Ordinance constitute Class B and
Class A ordinance Violations for Which civil penalties 0f up to one thousand dollars ($1,000.00)
for the first day of Violation, two thousand five hundred dollars ($2,500.00) for the second day 0f
Violation, and seven thousand five hundred dollars ($7,500.00) for the third and each succeeding
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day 0f Violation, may be entered by the Court. A copy of Monroe County Code Section 115—3 is
A. Enter a Judgment Which declares the respective rights and legal obligations of the
County and the Huffs, and anyone acting in concert With them, t0 the effect that each day of
excavation and each day 0f occupancy, use, and maintenance of each of the Buildings prior t0
the issuance 0f an Improvement Location Permit, a Land Use Certificate, and a Site Plan
approval, for each of the Buildings by the Administrator constitutes three distinct Violations of
B. Issue an injunction that permanently and immediately enjoins the Huffs and
anyone acting in concert With them, from maintaining, using, or occupying the Buildings and/or
from allowing or suffering the same to be done by others, until all required approvals have been
C. Order the Huffs to remove the Buildings from the Huff Property if all required
permits and approvals are not immediately obtained from the Administrator;
D. For each provision violated by the Huffs, order the Huffs t0 pay a civil penalty 0f
up to one thousand dollars ($1,000.00) for their first day 0f Violation 0f the Zoning Ordinance, a
civil penalty 0f up t0 two thousand five hundred dollars ($2,500.00) for the second day 0f
Violation 0f the Zoning Ordinance, and a civil penalty 0f up t0 seven thousand five hundred
dollars ($7,500.00) for the third and each subsequent day 0f Violation 0f the Zoning Ordinance;
and,
E. Order the Huffs t0 pay the costs of this action and all other relief deemed
COUNT II
ECO Zone Slope Violations
3 1. The County hereby incorporates rhetorical paragraphs 1 through 6, and 14 0f
(1) The maximum land slope upon which any land disturbance
involved in construction 0f buildings, driveways, roads,
parking lots, and can occur shall be twelve (12)
utilities
(4) Lots fronting 0n the lake require a minimum 0f 300 feet total
lake frontage.
A copy of Section 825—4 is attached hereto, and incorporated herein, as “Exhibit L.”
33. The Excavation Activities were conducted on the Huff Property involved
significant land disturbance and the removal 0f natural vegetation on portions 0f the property that
exceeded the twelve percent (12%) slope limitation 0f Zoning Ordinance Subsection 825—4(A).
34. The Huffs have stated their intent t0 further develop the Huff Property, which
property includes significant areas of slope that exceeds twelve percent (12%), with buildings,
35. By Virtue 0f the foregoing, the Huffs have violated the slope and vegetation
removal limitations 0f Zoning Ordinance Subsection 825—4(A) and are likely to continue t0 do
so.
36. The above-noted Violations 0f Zoning Ordinance inflict harm upon the County
and the public—at—large Which is certain and irreparable and which are likely to continue if not
enj oined.
37. The continuing Violation 0f an ordinance constitutes a nuisance per se. _I__r_1_c_1_ign_a
Limestone Co., V. Staggg 672 N.E.2d 1377, 1384 (Ind.App. 1996); Common Council 0fthe City
0f Peru, Indiana V. Peru Daily Tribune, Inc., 440 N.E.2d 726 (Ind.App. 1982).
38. There is n0 other adequate remedy at law 0r equity other than t0 enj oin the Huffs,
and those working in concert with them from the continued disturbance 0f, and removal of
natural vegetation from, areas 0f the Huff Property that exceed twelve percent (12%) slope.
39. Each and every day that the Huffs, or those working in concert With them, have
engaged in land disturbing and natural vegetation removal activities 0n portions of the Huff
Property that exceed twelve percent (12%), constitutes a separate and continuing Violation 0f the
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40. Pursuant t0 Zoning Ordinance Section 817—2 (see Exhibit A) and Monroe County
Code Section 115—3, the foregoing Violations 0f the Zoning Ordinance constitute Class B and
Class A ordinance Violations for Which Civil penalties 0f up t0 one thousand dollars ($1,000.00)
for the first day 0f Violation, two thousand five hundred dollars ($2,500.00) for the second day 0f
Violation, and seven thousand five hundred dollars ($7,500.00) for the third and each succeeding
A. Enter a Judgment Which declares the respective rights and legal obligations 0f the
County and the Huffs, and anyone acting in concert with them, to the effect that each day 0f land
disturbance and each day 0f natural vegetation removal occurring on those portions of the Huff
Property that exceed twelve percent (12%) slope constitutes a Violation 0f Zoning Ordinance
Subsection 825—4(A);
B. Issue an injunction that permanently and immediately enjoins the Huffs and
anyone acting in concert With them, from continuing 1:0 disturb land and/or remove natural
vegetation from the portions of the Huff Property that exceed twelve percent (12%) slope;
C. Issue and injunction that mandates the Huffs to immediately restore and stabilze
the land and vegetation they disturbed 0r removed, 0r caused t0 be disturbed 0r removed, from
portions 0f the Huff Property that exceed twelve percent (12%) slope;
D. For each provision violated by the Huffs, order the Huffs t0 pay a civil penalty 0f
up to one thousand dollars ($1,000.00) for their first day of Violation of the Zoning Ordinance, a
civil penalty 0f up to two thousand five hundred dollars ($2,500.00) for the second day of
Violation 0f the Zoning Ordinance, and a civil penalty of up t0 seven thousand five hundred
12L
dollars ($7,500.00) for the third and each subsequent day 0f Violation 0f the Zoning Ordinance;
and,
E. Order the Huffs t0 pay the costs 0f this action and all other relief deemed
COUNT III
Building Code Violations
41. The County hereby incorporates rhetorical paragraphs number 1 through 4, 15,
42. On February 26, 1988, the County established the Monroe County Building
43. On March 11, 1988, the County established the Monroe County Building Code
44. The County received approval 0f the Building Code from the Indiana Fire
45. The Building Code was, and remains, codified as Monroe County Code Chapter
430.
46. Pursuant to 1C 36-7—8—10 and Section 21 0f the Building Code, the County has the
authority t0 initiate any legal proceedings necessary t0 enforce the Building Code 0r t0 restrain
individuals 0r entities from Violating the Building Code. A copy 0f IC 36—7—8—10 is attached
hereto, and incorporated herein, as “Exhibit M.” A copy 0f the Building Code is attached hereto
and incorporated herein as “Exhibit N.”
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47. The development 0f the Huff Property is subj ect t0 the Monroe County Building
Code.
48. Building Code Section 430-8(A) states, in part, that: “A permit shall be
obtained before beginning any construction, alteration 0r repair 0f any building 0r structure
which involves 0r affects any electrical, plumbing, ventilating, heating 0r air conditioning
49. Pursuant to Building Code Section 430—7, all building permit applications must
50. Building Code 430—9 states that “[a]11 work done under any permit shall be in
full compliance with all other laws pertaining t0 the work, and in addition t0 the fees for permits,
shall be unlawfill t0 occupy any such building 0r structure prior t0 the issuance 0f
a full, partial0r temporary certificate 0f occupancy issued by the Building
Commissionar.
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53. Building Code 430—20 states that:
Any person, firm 0r corporation that violates any of the provisions of this
Chapter, 0r performs any act prohibited herein, 0r perform any duty
fails t0
lawfully enj oinad, Within the time prescribed by the Building Commissioner, 0r
fails, neglects 0r refuses t0 obey any lawful order given by the Building
55. Monroe County Code Section 115-3 states that, “. . . a judgment 0f not more than:
Five Hundred Dollars ($500.00) may be entered for the person’s first Violation constituting a
Class C Ordinance Violation and One Thousand Five Hundred Dollars ($1,500.00) for a second
or subsequent Violation of the same provision 0f the Code 0r ordinance.” See Exhibit K.
56. The Huffs’ Building Activities 0n the Huff Property included the construction
buildings and structures that involved 0r affected electrical, plumbing, ventilating, heating 0r air
57. The Activities were, and are, subject to the building permit and certificate 0f
58. Neither the Huffs nor anyone acting 0n behalf 0f the Huffs have obtained a
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59. Neither the Huffs nor anyone acting 0n behalf of the Huffs have obtained a
certificate of occupancy relative to their use and occupancy 0f the buildings and structures
60. By Virtue of the foregoing, the Huffs have violated, and continue to Violate, at
61. The above—noted Violations 0f Building Code inflict harm upon the County and
the public—at—large Which is certain and irreparable and Which Will continue if not enj oined.
62. There is n0 other adequate remedy at law or equity other than to enj oin the Huffs,
and/or those acting in concert With 0r at the sufferance of them, from continuing to occupy the
buildings and structures 0n the Huff Property, until all provisions of the Building Code have
been satisfied.
63. Each and every day that the Huffs have placed, constructed, erected, used,
occupied, 0r maintained the buildings or structures on the Huff Property, 0r has allowed 0r
suffered the same to be done by others, constitutes a separate and continuing Violation of the
Building Code and a fine should be levied in accordance with Monroe County Code Sections
A. Enter a Judgment Which declares the respective rights and legal obligations of the
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2. Each day of occupancy of each of the buildings and
structures 0n the Huff Property prior t0 the issuance
of a Certificate of Occupancy for the buildings and
structures constitutes a distinct Violation 0f Section
430-16 of the Building Code;
B. Issue an injunction that permanently and immediately enj oins and restrains the
Huffs from using and occupying the buildings and structures 0n the Huff Property, and/or from
allowing or suffering the same t0 be done by others, until all required permits and certificates
C. Order the Huffs t0 pay a civil penalty, for each day of occupancy of the buildings
and structures 0n the Huff Property, for each Violation of the Building Code, in the maximum
D. Order the Huffs to pay the costs 0f this action and all other relief deemed
Respectfully submitted,
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VERIFICATION AND CERTIFICATION OF DOCUMENTS
I, Larry Wilson, as the Administrator for the Monroe County Plan Commission and, thus,
as an official custodian 0f the records 0f the Monroe County Plan Commission and the Monroe
penalties 0f perjury, that I have read the allegations of Counts I and II the foregoing Verified
Complaint for Civil Penalty and for Permanent Injunction 0n Ordinance Violations; and that the
matters allaged therein are true and accurate to the best 0f my knowledge and belief. I further
with their originals, which are on file and remaining 0f record in my office, and that the attached
In testimony whereof, I have hereunto subscribed my name and affixed the seal 0f the
) ss:
COUNTY 0F MONROE )
Subscribed and sworn t0 before m6, a Notary Public, in and for said County and State, this
SIM
g
day 0f jM ,5}
x! ,
2019. My Commission expires on [\ I 51
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/w/; 7 Qfl
/fi1 mA x. A
”7’?
8E" KW AI, Notary Public
Residing in Monroe County, Indiana
TAMALA T BEHRMAN
Notary Public -
Seal
Monroe County - State of Indiana
Commission Number 658684
; My Commission Expires Nov 5, 2022
18
VERIFICATION AND CERTIFICATION OF DOCUMENT
STATE OF INDIANA )
) SS:
COUNTY OF MONROE )
4)?
I, Kurk Sylvester, affirm this / 5 day of fMfll)’ , 2019, under the
penalties of perjury, that I am the Deputy Monroe County Building Commissioner; that I have
read the allegations 0f Count III of the foregoing Verified Complaint for Civil Penalty and for
Permanent Injunctions 0n Ordinance Violations; and that the matters alleged therein are true and
accurate to the best 0f my knowledge and belief, and that Exhibit N is a true and complete copy
0f a record 0f the Monroe County Building Department that is in my care and custody as the
’KURK SYLVESTER,
Monroe County Building Gemm-issienei:
STATE OF INDIANA )
) SS:
COUNTY OF MONROE )
~
ubscribed an sworn to before me, a Notary Public, in and for saijéo t gate his
[5+f§day of H i kg g ,
2019. My Commission expires on [711% O £55
é
, Notary Public
Residing in Monroe County, Indiana
BARBRAANN CARTER
Notary Public — Sea!
Greene County — State of Indiana
Commission Number 708218
My Commission Expires Dec 5, 2025