The history of legal cost concerning the 16 Mile Lake LS/R2 district began with a Writ of Mandamus whose purpose was to legally force Zoning Administrator William Rogers to do his job and enforce the zoning ordinance in the 16 Mile Lake area.
The second legal expenditure concerned a dog kennel in the area. The dog kennel case dragged on for several years due to lack of enforcement . A resident victim hired his own lawyer and the dogs were removed in two weeks.
The most recent legal expenditure concerning the 16 Mile Lake area again involves the behavior of Zoning Administrator William Rogers. On August 5, 2010,Circuit Judge Hon. William W. Carmody ruled: "It IS ORDERED, that ZBA's ruling and decision is AFFIRMED and all relief sought by petitioners is DENIED. This order closes the file."
The October 2,2009 ZBA ruling and decision follows:
” A. Find that the decision and interpretation of Mr. William Rogers that the transient rentals within the AuTrain and the LS/R II Zoning District are legal non-conforming uses be reversed and nullified based upon the following grounds pursuant to MCL 125.3602,125.3604.
1. Mr.Roger's decision, declaration or statement is not in conformity with the procedures set out by law and the AuTrain Township Zoning Ordinance;
2. That Mr. William Rogers had no authority to make an interpretation declaring illegal non-conforming uses were legal under law or Township Zoning Ordinance;
3. That such authority if it existed, was not properly exercised since no public notice and hearing as required by law and the Zoning Ordinance was provided to interested property owners either before or after the announced decision was offered.
4. That the transient rentals are illegal, non-conforming uses within the LS&R II district, have been so from and after 1979 and cannot be made legal under any authority possessed by Mr. William Rogers by mere declaration.
B. Finding that the present proceeding noticed and held by the Planning Commission with respect to the review of non-conforming uses by declared improper as not in accord with the AuTrain Township Zoning Ordinance and the Michigan Zoning Enabling Act.
C. This Board further find that the transient rentals currently operating within the LS&R II Zoning District(AuTrain Township) are illegal nonconforming uses and hence subject to Court-ordered abatement as nuisance. MCL 125.3407."
Zoning Administrator William Roger's decisions, declarations, statements, and procedures are directly responsible for the majority of money spent on legal fees concerning the 16 Mile Lake area.
Zoning Administrator William Roger's non-enforcement policy has proven to be an expensive mistake for the Township.
More importantly, it continues draining dwindling tax revenues . In his July 2010 Monthly Zoning Report, William Rogers states " Two complaints were received concerning rental properties in the 16 Mile Lake area. One was concerning a property that was already found in violation and sent a notice in February of this year." Zoning Administrator William Rogers failed to do his job and follow up with the initial violation notice for five months. This continued behavior will cost the Township more legal fees.
The solution is simple,
AuTrain Township needs a Zoning Administrator
who enforces the AuTrain Township Zoning Ordinance.