Filed: 5/16/2019 9:16 AM

Clerk
Monroe Circuit Court 1 Monroe County, Indiana

STATE OF INDIANA ) IN THE MONROE CIRCUIT COURT

) SS:
COUNTY OF MONROE ) CAUSE NO.: 53C01-1905-PL-001125

MONROE COUNTY, INDIANA, and the

MONROE COUNTY PLAN COMMISSION,
Plaintiffs,

_VS_

WILLIAM J. HUFF, II, as TRUSTEE OF THE

WILLIAM J. HUFF, II REVOCABLE TRUST
DECLARATION, dated June 28, 201 1, and
NICOLE E. HUFF, as TRUSTEE OF THE
NICOLE E. HUFF REVOCABLE TRUST
DECLARATION, dated June 28, 201 1,

Defendants.

VERIFIED COMPLAINT FOR CIVIL PENALTY

AND PERMANENT INJUNCTION ON ORDINANCE VIOLATIONS
Come now the Plaintiffs Monroe County, Indiana, and the Monroe County Plan

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

1. The Plaintiff Monroe County, Indiana (“County”), is a political subdivision 0f the

State 0f Indiana.

2. The Plaintiff Monroe County Plan Commission (“Commission”) is a duly

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.

3. Pursuant t0 1C 36-7-4-1014, and Sections 817-2 and 4 0f 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

as "Exhibit B" (excluding Grantor’s Articles 0f Conversion).

5. The Huff Property is located within the jurisdiction 0f the Commission and

Zoning Ordinance.

6. The Huff Property is located Within Area 1 of the Environmental Constraints

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

herein, as “Exhibit C.”

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,

enlarging, demolishing, or structurally altering any building 0r other structure; . . .

(4) making

any significant land alterations (e.g., streets, drives, parking facilities) . . ..

99
A copy of Zoning

Ordinance Section 814—1, is attached hereto, and incorporated herein, as “Exhibit D.”

2
 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.”

9. Zoning Ordinance Section 814-2 states, in part, as follows:

(A) N0 land shall be occupied 0r used and n0 building or other

structure hereafter erected, reconstructed 0r structurally altered
shall be occupied 0r used, in Whole 0r in part, for any purpose
whatsoever, until a land use certificate has been issued stating that
the structure and/or use comply With all the provisions of this
ordinance applicable t0 the building, structure 0r premises of the
use in the district in Which it is t0 be located.

(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:

No permit 0r certificate for the construction, exteriOr alteration,

relocation, demolition, occupancy, orchange in use 0f any building,
be given and no existing use shall be established
structure 0r parcel shall
or expanded in floor area except in conformity With a site plan approved
by the Administrator.

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:

A11 development proposals and permit applications shall require an

erosion and drainage control plan. The plan shall include measures to

3
 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.

A copy of 825—2(A)(4) is attached hereto, and incorporated herein, as “Exhibit G.”

12. Section 801-2 0f the Zoning Ordinance defines the term “development” as

follows:

Development means any man-made change t0 improved or unimproved real

estate including but not limited to:

(1) construction, reconstruction, 0r placement 0f a structure 0r any

addition to a structure;

(2) installing amanufactured home on a site, preparing a site for a

manufactured home 0r installing recreational vehicle 0n a site for more
than 180 days;

(3) installing utilities, erection 0f walls and fences, construction 0f roads,

0r similar proj ects;

(4) construction of flood control structures such as levees, dikes, dams,

channel improvements, eta;

(5) mining, dredging, filling, grading, excavation, 0r drilling operations;

(6) construction and/or reconstruction 0f bridges 0r culverts;

(7) storage of materials; 0r

(8) any other activity that might change the direction, height, 0r velocity
0f flood 0r surface waters.

"Development" does not include activities such as the maintenance 0f

existing structures and facilities such as painting, re—roofing; resurfacing
roads; 0r gardening, plowing, and similar agricultural practices that d0 not
involve filling, grading, excavation, or the construction of permanent
structures.
A copy 0f the foregoing 801—2 definition is attached hereto and incorporated herein as
“Exhibit H.”

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

Exhibits D, E, and F (which includes, and incorporates herein, Section 812—3).

14. In the late summer 0f 2018, the Huffs and/or their agents, contractors, or

employees, conducted excavation activities (“Excavation Activities”) 0n the Huff Property,

including tree and vegetation removal and the preparation 0f an area 0n which t0 place,

construct, or erect buildings.

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

for the development 0f the Huff Property.

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

Buildings 0n the Huff Property.

22. With respect t0 the maintenance, use, and occupancy 0f the Buildings 0n the Huff

Property the Administrator has not issued a Land Use Certificate.

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

regulations 0f Zoning Ordinance Chapters 814, 815, and 825.

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

attached hereto and incorporated herein as “Exhibit J.”

 25. The Huffs have not voluntarily taken the steps necessary t0 achieve compliance

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

Activities and t0 the Building Activities.

26. The above—noted Violations 0f Zoning Ordinance inflict harm upon the County

and the public—at—large Which

27.

Limestone C0.,
The continuing

V. Staggs,
is certain and irreparable and which

Violation of an ordinance constitutes a nuisance per se.

672 N.E.2d 1377, 1384 (Ind.App. 1996); Common Council 0fthe

m
Will continue if not enjoined.

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

7
day 0f Violation, may be entered by the Court. A copy of Monroe County Code Section 115—3 is

attached hereto and incorporated herein as “Exhibit K.”

WHEREFORE, the County respectfully prays that the Court:

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

the Zoning Ordinance;

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

obtained from the Administrator;

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

appropriata in the premises.

COUNT II
ECO Zone Slope Violations
3 1. The County hereby incorporates rhetorical paragraphs 1 through 6, and 14 0f

Count I of this Complaint into Count II of this Complaint by reference.

32. Subsection 825—4(A) of the Zoning Ordinance states, as follows:

In addition t0 the applicable regulations set forth in the Monroe County

Zoning Ordinance, the following regulations shall apply to land use Within
the ECO Zone.

(A) Area 1 Regulations

(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

percent. The percent slope shall be measured as a six (6)

foot fall in any fifty (50) foot distance. The design should
be suited t0 the lot t0 minimize the amount 0f cut and fill.

(2) There shall be n0 disturbance 0f natural vegetation beyond

the twelve (12) percent slope.

(3) The maximum residential density that shall be allowed shall

be one unit per five (5) acres.

(4) Lots fronting 0n the lake require a minimum 0f 300 feet total
lake frontage.

(5) Each dwelling unit shall have at leastone acre of total

contiguous land which is equal t0 0r less than twelve (12)
percent slope.

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,

structures, and other improvements.

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

Zoning Ordinance (see Exhibit A).

10
 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

day 0f Violation, may be entered by the Court. See Exhibit K.

WHEREFORE, the County respectfully prays that the Court:

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

appropriate in the premises.

COUNT III
Building Code Violations

41. The County hereby incorporates rhetorical paragraphs number 1 through 4, 15,

and 16, 0f Count I 0f this complaint in Count HI 0f this complaint.

42. On February 26, 1988, the County established the Monroe County Building

Department through the adoption 0f Ordinance 88-2.

43. On March 11, 1988, the County established the Monroe County Building Code

(hereinafter “Building Code”) through the adoption 0f Ordinance 88-3.

44. The County received approval 0f the Building Code from the Indiana Fire

Prevention and Building Safety Commission 0n April 5, 1988.

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.”

12
 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

systems or structural elements.”

49. Pursuant to Building Code Section 430—7, all building permit applications must

be made on forms provided by the Monroe County Building Commissioner.

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,

there shall be paid the fees prescribed by such other laws.

5 1. Building Code 430—16 states, in part, that:

N0 certificate 0f occupancy for any building or structure erected, altered

0r repaired, after the effective date of this Chapter, shall be issued unless such
building 0r structure is determined, after final inspection, t0 have been erected,
altered or repaired in compliance with the provisions of this Chapter. . . . . It

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.

52. Building Code 430—1 8 states that:

It shall be unlawful for any person, firm 0r corporation, Whether as owner,

lessee, sub—lessee 0r occupant, to erect, construct, enlarge, alter, repair, improve,
remove, convert, demolish, equip, use, occupy 0r maintain any building or
structure, other than fences and industrialized buildings or mobile structures
certified under 1C 22-15-4, in the unincorporated areas of Monroe County,
Indiana, 0r cause 0r permit the same t0 be done, contrary to, 0r in Violation of, the
provisions 0f this Chapter.

13
 53. Building Code 430—20 states that:

The Building Commissioner shall, in the name 0f Monroe County,

Indiana, bring actions in the Circuit Courts 0f Monroe County, Indiana, for
mandatory and injunctive relief in the enforcement 0f, and to secure compliance
with, any order or orders of the Building Commissioner. Any such action for
mandatory 0r inj unctive relief may be joined With an action t0 recover the
penalties provided for in this Chapter.

54. Building Code 430—21 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

Commissioner in connection With the provisions 0f this Chapter, commits a Class

C Ordinance Violation. Each day such a Violation is committed, 0r permitted t0
continue by the Violator, constitutes a separate Class C Ordinance Violation.

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

conditioning systems 0r structural elements.

57. The Activities were, and are, subject to the building permit and certificate 0f

occupancy requirements 0f the Building Code.

58. Neither the Huffs nor anyone acting 0n behalf 0f the Huffs have obtained a

building permit relative t0 the Building Activities.

14
 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

placed, constructed, erected, and maintained 0n the Huff Property.

60. By Virtue of the foregoing, the Huffs have violated, and continue to Violate, at

least Sections 430—8, and 430-16 0f the Building Code.

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

430-21 and 115-3.

WHEREFORE, the County respectfully prays that the Court:

A. Enter a Judgment Which declares the respective rights and legal obligations of the

County and the Huffs to the effect that:

1. The placement, construction, 0r erections of each of

the buildings and structures 0n the Huff Property
that are subj ect t0 the Building Code constitutes a
of the building permit requirement
distinct Violation
0f Section 430—8 of the Building Code and, ;

15
 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

have been obtained from the Building Commissioner;

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

penalty amounts authorized by Monroe County Code Section 115-3; and,

D. Order the Huffs to pay the costs 0f this action and all other relief deemed

appropriate in the premises.

Respectfully submitted,

David B. Schilling, #2255—12

Monroe County Attomeys’ Office
Monroe County Courthouse, Room 220
Bloomington, Indiana 47404
Telephone (812) 349-2525
dschilling@co.monroe.in.us

16
 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

County Flaming Department, affirm this day 0f , 2019, under the

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

certify that I have compared the attached copies 0f:

Section 817—2 0f the Monroe County Zoning Ordinance;

Section 817-4 0f the Monroe County Zoning Ordinance;
Monroe County Zoning Map 0f Huff Property;
Section 8 14-1 0f the Monroe County Zoning Ordinance;
Section 814-2 and 3 0f the Monroe County Zoning Ordinance;
Section 815—2 of the Monroe County Zoning Ordinance;
Section 825—2 0f the Monroe County Zoning Ordinance;
Section 801-2 0f the Monroe County Zoning Ordinance definition of development;
Digital photographs 0f theHuff Property;
September 12 ~13, 201 8 email exchange between attorneys;
Monroe County Code Section 115—3; and,
Section 825-4 0f the Monroe County Zoning Ordinance;

with their originals, which are on file and remaining 0f record in my office, and that the attached

copies are true and complete copies 0f the originals.

In testimony whereof, I have hereunto subscribed my name and affixed the seal 0f the

Monroe County Plan Commission, this I 57A day 0f M A7,

,
2019.

Larry Wilson, Administrator

Monroe County Plan Commission
SEAL
17
STATE 0F INDIANA )

) 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
j
?(3 232W

/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

Deputy Monroe County Building Commissioner.

’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