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Area Plan Commission Jan. 14, 1982 Page 2 paragraph be reviewed further to make certain that a gift of money is broad enough to cover elements of real estate law and the Internal Revenue Code as they deal with facade easements. The next issues of penalties and enforcement can be considered to- gether. Historical review of the Historic Preservation Commission inception should be made and is necessary to consideration of its powers and duties. It appears that the ordinance was first enacted in 1973. The first historic preservation statute was enacted in 1977 in IC 18-7-22. The present historic preservation statute is IC 36-7-11. Provision is made in the latter statute to exclude a unit_ established by ordinance before July 1, 1977. The Historic Preservation Commission ordinance was enacted as a part of the zoning ordinance. Research has not been done as to whether the St. Joseph County Council adopted a similar historic preservation ordinance. The City ordinance does provide for the Board of Commissioners to appoint members to the Commision. Some ambiguity is created as to whether the jurisdiction of the Commission is limited to the City or is also county wide. Since the Historic Preservation Commission ordinance is a part of the zoning ordinance, question is raised as to whether the Historic Pre- servation Commission can have penalty clauses and enforcement pro- visions separate from the zoning ordinance itself. The zoning ordi- nance in 21-166(a) provides for penalties of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for violation thereof. Subsection (c) of the same section provides for the City attorney to enforce violations of the ordinance. Section 21-2 provides, "The Building Commissioner shall see that this chapter is enforced through the proper legal channels." IC 36-1-3-8(10) does provide that a city may enforce penalties to a maximum of $2,500.00. The zoning code has not been amended to utilize this new maximum penalty. There is thus a conflict presented as to the amount of the penalty between the general provisions of the zoning code and the proposed specific new provisions of the historic preservation ordinance. A further question is presented as to the powers of enforcement. An even more basic question is presented as to whether the Historic Pre- servation Commission is in fact a commission or agency of the city. IC 36-4-9-12 originally provided that the city attornev would give legal advise to officers and devartmenrs of Che city. The 1981 amendmen!_- to that section provides r:h:it `:-(- ct. v =,rtorney shalt ulive legal advice to the officers, board, commissions, and oth•'r %i=oncies of rh Cl.`'.'. The LSS!!r j.S Fur rhe i cOmC")1 iret„ ;) + �;r , .bc)'. .. nC)ted that ti1F3 iS�C)rl ')r "it?C"_ it 1. )t"� (',n'^, l .{i:�r1 ;) li ;1 j);j," i the onln"!, H