ORDINANCE 11-10-25
AN AMENDMENT TO ORDINANCE 98-12-02 ESTABLISHING
ORDINANCE VIOLATION BUREAU AND APPEALS PROCESS

WHEREAS, the Silver Lake Town Council deems it necessary to amend the language and procedures for the Ordinance Violation Bureau and form a process for appeals to violations for citizens found in violation as outlined in IC 36-1-6..

NOW, THEREFORE, BE IT ORDAINED, by the Silver Lake Town Council, Kosciusko County, Indiana, the following:

A. Penalties outlined in Ordinance 98-12-02 are outdated and shall be removed. Ordinance violations shall be governed by the ordinance for which they are written, with amounts and increments as specified in the ordinance that was passed.

B. Hearing Authority shall be the Silver Lake Town Council members. The hearing authority shall give due process to citizens found in violation of any ordinance who wish to appeal to a higher authority than the appointee governed by the Town Council to enforce such violations. Powers of the Hearing Authority are as follows:
a) Conduct hearings regarding alleged ordinance violations referred to by the Enforcement Authority.
b) Determine whether a violation has occurred and impose or waive fines or fees or corrective orders, as authorized by ordinance. Determinations shall include findings of fact, conclusions of law, and any penalties imposed.
c) Must reconvene and give a determination within ten (10) days of the hearing if a decision cannot be reached at the original hearing and requires further investigation. The exact determination requirements apply in subsection B.
d) Forward unpaid fines or orders for collection or further legal action as permitted by law to the Town Attorney.
e) Request the Town Attorney to file court claims with the Kosciusko County Court System, including court costs and attorney fees for unpaid violations.

C. Clerk of the Hearing Authority shall be the Silver Lake Clerk-Treasurer. The responsibilities of the Clerk are as follows:
a) The Clerk or their designee shall be present at all Violation Appeal Hearings and document the determination given by the Silver Lake Town Council.
b) The Clerk shall keep a record of the hearings, findings, and decisions.
c) The Clerk shall give written notice of the Hearing Authorities’ determination to the petitioner within ten (10) days of the determination.
d) The Clerk shall give the Hearing Authority notification of unpaid violations after a determination has been reached by the Hearing Authority, detailing the person, address, violation, and unpaid fine amount within thirty (30) days from the date of the hearing. Paid violations do not require notice to the Hearing Authority.

D. The appeals process:
a) The person, firm, or corporation must first petition the Hearing Authority by writing within ten (10) days of the violation to request a hearing over the violation and penalty. If no request is made, the violation and fine shall become final.
b) The Hearing Authority will determine a date and time for the hearing. The Clerk will be responsible for notifying the petitioner of such a hearing in writing via email or certified mail, to provide proof that notice was given. Hearings shall take place at a regularly scheduled monthly meeting unless otherwise approved by the Hearing Authority.
c) The petitioner must be present and given the chance to be heard. The Enforcement must also be present. All parties may present evidence, testimony, and witnesses before the Hearing Authority makes its determination.
d) If the determination is not in favor of the alleged violator, the fines and fees must be paid within thirty (30) days of the determination date to avoid further legal action.
e) If the determination is in favor of the alleged violator, the matter is closed. It shall not be taken as a determination for future violations of the same ordinance or that of another.

Severability: If any provision of this amendment is found invalid or unconstitutional in a court of competent jurisdiction, such findings shall not determine the validity of the remaining provisions of this ordinance.

Passed and adopted this 10th of December, 2025.
Medard Murfin, Council President
Nichole Taylor, Council Member
Gloria Weller, Council Member
ATTEST: Tonya Conley, Clerk-Treasurer