(A) Nothing in this section shall be construed to restrict the Common Council, the Board of Zoning Appeals or the Plan Commission in the performance of their duties.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFLICT OF INTEREST. A direct or indirect financial interest in the issuance of a permit.
PERMIT. The meaning set forth in I.C. 36-7-4-110. At the time of adoption of this section the term means:
(a) An improvement location permit;
(b) A building permit;
(c) A certificate of occupancy;
(d) Approval of a site- specific development;
(e) Approval of a primary or secondary plat;
(f) Approval of a contingent use, conditional use, special exception or special use; or
(g) Approval of a planned unit development.
REPORT. A written identification of the affected permit application and disclosure of the conflict of interest involved, signed and dated by the author.
(C) (1) Except as provided in division (C)(4) below, whenever the Building Commissioner has a conflict of interest in the issuance of a permit:
(a) The Building Commissioner shall recuse himself or herself from the permitting process;
(b) The Building Commissioner shall file a report of conflict of interest with the City Clerk;
(c) The Building Commissioner shall deliver all related files to the Planning Director; and
(d) The Planning Director shall oversee the issuance of the permit.
(2) Except as provided in division (C)(4) below, whenever the Planning Director has a conflict of interest in the issuance of a permit:
(a) The Planning Director shall recuse himself or herself from the permitting process;
(b) The Planning Director shall file a report of the conflict of interest with the City Clerk;
(c) The Planning Director shall deliver all related files to the Building Commissioner or his/ her designated representative; and
(d) The Building Commissioner or his/ her designated representative shall oversee the issuance of the permit.
(3) Whenever a Building Code official or inspector other than the Building Commissioner or the Planning Director has a conflict of interest in the issuance of a permit:
(a) Such person shall recuse himself or herself from the permitting process;
(b) Such person shall notify in writing his or her department head of the conflict of interest.
(4) Whenever the Building Commissioner or the Planning Director is authorized to oversee the permitting process pursuant to this section but is unavailable or unqualified:
(a) Such person shall recuse himself or herself from the permitting process;
(b) Such person shall file a conflict of interest report with the City Clerk, if applicable;
(c) The Mayor shall appoint a temporary replacement to oversee the permit; and
(d) All related files shall be delivered to the appointed temporary replacement.
(D) Filing reports. The City Clerk shall place reports received pursuant to this section is a separate ethics file and maintain them for at least 5 years.
(E) References.
(1) Except where a specific version or edition is given, reference to another section of this section or to a law, document, fund, program, department, commission, employee or public office, shall extend and apply to the same, as may be subsequently amended, elected, appointed, revised, remodified, renamed or renumbered from time to time.
(2) Reference in this section to a public servant, department, commission, committee, board or fund, either generally or by title, without reference to another jurisdiction, shall be construed as though it were preceded or followed, as appropriate by the words "(of the) City of Elkhart, Elkhart County, Indiana."
(Ord. 5779, passed 12-2-2019)