A. Violation A Misdemeanor: Each violation of these regulations shall be a misdemeanor. Each day that work continues after notification of violation shall constitute a separate offense, and each violation shall be punishable as provided in Idaho Code section 18-113 as it may from time to time be amended and/or retitled.
B. Remedies: In the event any action is taken or any construction or use commenced in violation of the regulations of this title, the director, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction to restrain, correct, or abate such violation, or to prevent any illegal act, conduct, business, or use in or about such premises.
C. Public Hearing: In the event that noncompliance with the conditions of approval is found and is continuing after due notice to the applicant, the director shall have the authority to order a public hearing before the deciding body (see subsection 8-7-2D, E or F of this chapter), in conformance with sections 8-7A-4 and 8-7A-5 of this chapter. At the public hearing, the deciding body shall have the authority to affirm, reverse, modify, in whole or in part, the approval, or make or substitute any additional conditions that in its deliberations it may find warranted. In order to take action except to affirm the approval, the deciding body must find there is a violation of the conditions of approval of an application within the authority of the deciding body and one or more of the following:
1. The violation has caused or will cause detriment to the public health, safety or welfare.
2. The violation has created or will create undue adverse impact on surrounding properties.
3. The violation has caused or will cause the approved use to be served by inadequate public or private facilities.
4. The violation has impeded or will impede the normal development of surrounding property. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 603, 1-30-2006)