Code Enforcement: Plain Language + Enforceable Standards

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Overview

As we discussed in our Code Enforcement course module, two of the most important foundations of an effective code enforcement program are plain language and enforceable standards.  In this course, we will take a closer look at how these principle work together to create regulations that are clear, practical, and easier to apply.

In 2010, the U.S. Congress passed the Plain Writing Act of 2010, requiring federal agencies to use clear, concise, and well-organized language in documents intended for the public.  The law recognizes a simple but important principle: people are more likely to understand, follow, and comply with requirements when information is written in plain language.

To help agencies meet this requirement, the federal government developed the Federal Plain Language Guidelines, which provide practical recommendations for writing documents that are easy to read and understand.  Although the guidelines apply to federal agencies, the same principles are valuable for state and local governments when drafting ordinances, policies, notices, and code enforcement documents.

The guidelines can be summarized into several key principles:

  1. Know Your Audience.  Write for the people who will read and use the document and focus on the information they need to take action.
  2. Organize Information Logically.  Present the most important information first, group related topics together, and use descriptive headings to help readers find what they need.
  3. Use Clear, Everyday Language.  Replace unnecessary legal or technical jargon with words the average reader can understand.  When technical terms are required, explain them.
  4. Write In The Active Voice.  Clearly identify who is responsible for taking an action.  For example, “The zoning administrator will review the application” is clearer than “The application will be reviewed.”
  5. Be Direct And Consistent.  Use the same terms throughout a document and distinguish between mandatory and discretionary language by using words such as must, shall (where required by law), and may appropriately.
  6. Eliminate Unnecessary Words.  Keep sentences and paragraphs concise by removing redundant phrases and unnecessary legalese without changing the meaning.
  7. Design Documents For Readability.  Use headings, lists, tables, white space, and other formatting techniques that make information easier to scan and understand.

For local governments, these principles do more than improve communication.  Regulations written in plain language are easier for residents, developers, and businesses to understand, more consistent for staff to administer, and more defensible when enforcement actions are challenged.  Clear regulations reduce confusion, promote voluntary compliance, and help ensure that everyone understands what it required.

The goal of plain language is straightforward: write so your audience can understand the document the first time they read it.


Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants  

Special Note:  This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU).  Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.

The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.

Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.

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Wayne Jackson
Posted 5 months ago
Simple

Very simple language and to the point.

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