(A) (1) A fund designated as the “Zoning Enforcement Fund” shall be established in the operating budget of the Lake County Plan Commission. This Fund shall derive its income primarily from fines and penalties assessed for violations of Chapter 154 of this code, and from money collected by the Plan Commission in the amount of 20% of total monthly fees collected each and every month throughout the fiscal year. Any balance remaining at the end of the fiscal year shall be carried over in the Fund for the following year and shall not revert to the Lake County General Fund.
(2) In addition to money received from fines and penalties assessed for violations of Chapter 154, fees collected by the Plan Commission in the amount of 20% of monthly fees collected, and other monies applicable to this Fund may be received from any source, including appropriation by a municipal, state, or federal legislative authority, and donations. The following monies shall be deposited in the Fund:
(a) Money received as payment or settlement of any obligations, judgments, fines, or penalty imposed and collected in accordance with § 154.999;
(b) Money received from bonds or other forms of surety posted in accordance with the provisions of Chapter 154 or the laws of the State of Indiana; and
(c) Money collected totaling 20% of monthly fees received by the Lake County Plan Commission including, building fees, zoning fees, inspection fees, reinspection fees, variance fees, zone change fees, special exception fees, subdivision fees, site development plan fees, map fees, literature fees, copying fees, testing fees, and licensing fees. A copy of revenue generated by the Lake County Plan Commission is available in each Annual Report under Revenue Record. A 2016 copy of revenues is attached to Ord. 2491 as an example.
(2) Money included in the Zoning Enforcement Fund may be used any purpose directly related to executing any provisions of Chapter 154 or any other business of the Lake County Plan Commission which shall include by way of example and not limitation:
(a) The cost of obtaining reliable information about the identity and location of persons who have a substantial property interest in any item or property that is the subject of any violation of Chapter 154;
(b) The cost of accomplishing notice in accordance with the laws of the State of Indiana;
(c) Any court costs, attorney fees, legal investigation and representation necessary to prosecute any violation of Chapter 154;
(d) All costs of prosecution in accordance with I.C.9-22-1 et seq.;
(e) The cost of updating, maintaining, and executing the functions and requirements of certain maps and ordinances, including the Lake County Zoning Ordinance and Zoning Map (Chapter 154), Lake County Subdivision Ordinance (Chapter 153), Lake County Licensing Ordinance, Lake County Unsafe Buildings Ordinance (Chapter 154), Lake County Ordinance for Flood Hazard Areas (Chapter 157), Lake County Building Code (Chapter 151), and Lake County Manufactured Home Park Ordinance (Chapter 152).
(f) Any other business of the Plan Commission as approved by the Lake County Council.
(Ord. 2345, passed 7-12-2011; Ord. 2491, passed 10-10-2017)