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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)
305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
308.2.4 Five or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
(Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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