Loading...
112.4 Authority to disconnect utilities for occupancy violations. Whenever any building, structure, or equipment therein regulated by this code is being used contrary to the provisions of this code or other laws which are enforced by the city of Boise City, the building official may order such use discontinued and the structure, or portion thereof, vacated, and the utility services disconnected by notice served on any person causing such use to be continued. Such person shall discontinue the use or make the structure or portion thereof comply with the requirements of this code or other laws which are enforced by the city of Boise City, within thirty (30) calendar days of receipt of such notice or as required by the building official.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
113.1 Building code board of appeals. There is hereby created a Building Code Board of Appeals hereinafter referred to as "the Board" which shall be composed of ten (10) members and shall be appointed by the Mayor by and with the advice and consent of the City Council. Members of the Board shall include at least three (3) Idaho registered engineers; three (3) Idaho licensed architects; three (3) Idaho registered building contractors and one (1) person who owns or operates a fire sprinkler business, and are qualified by experience and training to pass upon matters pertaining to building construction, all of whom shall not be employees of the city of Boise City. Any member of the Board that fails to maintain a valid Idaho license or registration for their respective profession, shall be disqualified from serving on the Board.
Boise City residency of at least five (5) of the members is required. Members not residing in Boise City must reside within Ada County and conduct business in Boise City. The terms of office shall be four (4) years and if a vacancy occurs during an unexpired term, then the Mayor with the consent of the City Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chair. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the City Council. The Secretary, who is hereby designated to be the building official or designated representative, shall keep a record of all meetings, appeals, hearings, and proceedings of the Board and shall perform all services that may otherwise be required.
BOARD DUTIES
It shall be the responsibility and duty of the Board:
1. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, which may govern the design, construction, installation, improvement, expansion, alteration, or repair of buildings or structures.
2. To recommend and submit to the Mayor and City Council any proposed standards for the quality and type of materials, fixtures, appliances, and devices use in, design or construction of buildings or structures.
3. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, prescribing the standards and procedures for reviewing and inspecting buildings or structures.
4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations, procedures, and fees required by this Chapter, or other applicable Chapters, including appeals of any interpretations of this Chapter, or other applicable Chapters, or decisions made by the building official under this Chapter.
5. To also serve in capacity as the Fire Code Board of Appeals with the same authority, duties, process, and standard of review with the fire code official in place of the building official.
113.4 APPEALS TO THE BUILDING CODE BOARD OF APPEALS
A. APPEAL PROCESS
Any permit applicant, whose application has been rejected, or any person who has been ordered to modify, alter, remove, or install any building code provisions as required by this Chapter may appeal that decision by filing notice in writing with the City within ten (10) calendar days. The appeal hearing shall be held within thirty (30) calendar days of receipt of the notice of appeal or as otherwise agreed upon by parties to the appeal and the City. At the hearing the Board may, by a majority vote, affirm, reverse or modify the action of the City. If the actions of the City are modified or reversed, a permit shall be issued in accordance with the decision of the Board.
B. STANDARD OF REVIEW
The Board may: (1) modify or impose an alternative to requirements to those contained within this Chapter only when the appellant demonstrates that the requirements of this Chapter are impracticable and demonstrates that the modification or alternative provides at least an equivalent level of safety to that required under this Chapter, or (2) determines that the City erred in its interpretation or application of the code provisions.
C. APPEAL FEE
Any person appealing a decision of the City shall include payment of an appeal fee in an amount specified in the Boise City Building Code Fee Schedule as adopted by the City Council. In the event the decision of the building official is reversed, then the appeal fee shall be returned to the Appellant.
D. APPEAL TO CITY COUNCIL
Any order, decision, or ruling of the Board may be appealed, by filing notice in writing to the City Council within ten (10) calendar days of such order, decision, or ruling.
113.5 APPEAL PROCEDURE
The Building Code Board of Appeals may receive all evidence on appeal, in accordance with the following procedure:
A. The building official or designee shall first present background information on the appeal, including relevant code sections and their interpretation and other information related to the activities or work performed related to the appeal. The Board may ask questions during or after each presentation.
B. The Appellant may then present any information relevant to the appeal. The Appellant shall have up to twenty (20) minutes to present such evidence.
C. The Chair shall next open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.
D. Following the close of public testimony, the building official or designee shall be allowed up to ten (10) minutes for rebuttal and any final comments.
E. The Appellant then shall have up to ten (10) minutes for rebuttal and any final comments.
F. The Chair may grant additional time to the Appellant and the building official or designee if the additional time would aid the Board in its decision provided that both the Appellant and the building official receive an equal amount of time each.
G. Following the hearing, the Board may deliberate and render a final decision by a roll call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time within fifteen (15) calendar days in order to render a final decision. The final decision shall be in writing with a copy provided to the Appellant within ten (10) calendar days of rendering a final decision on the appeal. The decision by the Board may be appealed to the City Council within ten (10) calendar days following the date of issuance of a written decision.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
Repeal Section 114.4 in its entirety and replace with the following:
114.4 Criminal Penalties and Noncompliance. Any person, firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
A. At the discretion of the building official, the City may charge the offender with an infraction in lieu of a misdemeanor. The infraction shall be payable by a fine of three hundred dollars ($300.00). There shall be no right to a trial by jury for an infraction citation or complaint.
B. For purposes of trial by court or jury, the infraction described within this section shall not constitute a lesser included offense for any misdemeanor citation or complaint.
C. A prosecuting attorney may reduce a misdemeanor charge under this Chapter to an infraction as described herein, payable by a $300 fine, if the defendant engages in corrective actions resulting in fully completed and permitted work.
The Building Division may request assistance from code compliance officers, as designated authorized agents of the Planning & Development Services Director, to gain compliance with this Chapter of City Code for noncompliant cases.
For unaddressed noncompliant items at a building or site, the building official may record a Notice of Noncompliance against the property with the Ada County Recorder's office. When compliance is later gained at the building or site through an approval, permitting, and inspection process, the building official shall then record a Notice of Compliance against the property with the Ada County Recorder's office indicating the building or site is now in compliance with this Chapter of City Code for the subject items.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021; Ord. 2-25, 2-4-2025)
116.1 Conditions. Structures or existing equipment deemed unsafe shall be taken down and removed or made safe in accordance with provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted by the Dangerous Buildings Code of Boise City.
Notwithstanding any other provision of this code, whenever, in the opinion of the building official, there is an imminent danger due to an unsafe condition, the building official shall have authority to summarily order temporary safeguard work to be performed in order to render the structure temporarily safe or to warn the public of the dangerous condition. The temporary safeguard work required may include, but shall not be limited to placement of placards or signage, erecting barrier tape, barricades, or fencing, securing openings, or other means as the building official deems necessary to address such emergency.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
117 Upgrade Agreements. The building official and/or fire code official shall have the discretion to enter into building upgrade agreements on behalf of the City in order to achieve code compliance. Building upgrade agreements shall be in writing and signed and notarized by applicable City officials and the building owner(s). Any upgrade agreements that exceed one year in length to complete the work shall be recorded on the property with the Ada County Recorder's Office.
The building official shall make the determination as to whether a bond shall be required. The amount of this bond shall be determined by the City and in the amount needed to perform the work as described in the upgrade agreement. An upgrade agreement shall not extend beyond three years in duration.
All upgrade agreements shall include the following items:
a. The remaining scope of work that must be completed to fulfill the terms of the upgrade agreement;
b. The applicable building permit number(s);
c. An expiration date or date of completion of the agreement;
d. The parcel number(s) and address;
e. A description of the type and expiration of any bonding instrument (where applicable);
f. Other methods for assuring completion of the scope of work;
g. Signature of the owner(s), building official and/or fire code official all contained on the original notarized agreement (no copies);
h. A statement acknowledging the following possible consequences for failure of the tenant and/or building owner to complete the terms of the upgrade agreement within the time frame found in the agreement;
(1) Revocation of the occupancy certificate of the tenant(s) in said structure;
(2) Utilization of the bond originally posted by the permit applicant by the City to complete the remaining work outlined in the upgrade agreement (where applicable);
(3) Assessment of penalties, recording a Notice of Noncompliance against the property, and/or issuance of misdemeanor citations by the City for failure to complete the work described within the agreement by the expiration date of the agreement and/or the institution of a fire watch or any other appropriate method deemed necessary by the City to complete the work outlined in the upgrade agreement.
For upgrade agreements recorded on the property, when work is permitted, inspected, and approved, as outlined in the upgrade agreement and per applicable codes, a Notice of Compliance shall then be recorded on the property with the Ada County Recorder's Office indicating the work has been completed.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021; Ord. 2-25, 2-4-2025)
TOWNHOUSE. A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
Loading...