1. Authority:
A. The Planning Director and their designees, including Code Compliance Officers, are designated enforcement officials with full authority to investigate, issue notices of violation, and secure remedies, including but not limited to injunctive relief, for any violation of this Code.
B. All departments, officials, and public employees of the City that are vested with the duty or authority to review and/or issue permits, certificates, approvals, or licenses shall conform to the provisions of this Code and shall issue no permit, certificate, approval, or license for any use, building, activity or purpose that would conflict with the provisions of this Code.
2. Violation:
A. General:
(1) Any violation of the provisions of this Code or any conditions of approval required under an issued permit, certificate, approval, or license or any work in excess of the authority granted by the issuance of a permit, certificate, approval, or license, shall constitute a misdemeanor pursuant to Section 1-4-1 of the Boise City Code. A separate offense occurs for each day or portion of a day during which a violation is committed, continued, or permitted.
(2) Violations of this Code include but are not limited to:
(a) Engaging in the division of land for sale or development in any way that does not comply with the standards, criteria, and procedures for approval of a Subdivision Plat, as applicable, under this Code;
(b) Transferring title to land by reference to a lot, tract, or parcel of land shown on a map or plat before the Record of Survey or Subdivision Plat creating those lots, tracts, or parcels has been approved by the City and recorded with the Ada County Recorder;
(c) Submitting for recording with Ada County Recorder any Record of Survey or Subdivision Plat that has not been approved under this Code;
(d) Obtaining a permit or approval under this Code through submittal of inaccurate or misleading information, or through making inaccurate or misleading statements at a public hearing, regarding the proposed development, the conditions of the land on which the proposed development is located, or conditions on adjacent parcels;
(e) Obstructing or removing any public notice required to be posted or otherwise given under this Code;
(f) Failing to operate and maintain property or to properly secure sites where construction has been abandoned, as required by Section 11-04-013, Operations and Maintenance;
(g) Creating or maintaining a public nuisance, as defined in this Code; and/or
(h) Failing to meet all requirements of the development approval.
B. Affordability Incentives: The following shall apply to all development earning one or more of the affordability incentives set forth in Section 11-04-03.7, Incentives:
(1) Projects that earn affordability incentives under Section 11-04-03.7, and are approved for construction or reuse by the City, but that are not constructed, operated, or managed to maintain the affordability levels required by Section 11-04-03.7, shall be in violation of this Code and shall be subject to all enforcement actions and penalties applicable to other violations of this Code.
(2) The owner of each rental dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that are rented above the required levels of affordability shall be in violation of this Code.
(3) The seller of an owner-occupied dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that are sold at prices above the required levels of affordability shall be in violation of this Code.
3. Inspection And Enforcement:
A. General:
(1) The Planning Director shall maintain a program to enforce all aspects of the Code for which the Building Official does not have enforcement authority pursuant to Subsection (2), to abate public nuisances as defined in this Code, and to provide assistance in the prosecution of violations.
(2) When the Planning Director determines that a violation of this Code has occurred, the Planning Director may select one or more of the powers listed in Section 11-05-07, individually or in combination, and in any order, that the Planning Director determines is best suited to bring the property into compliance with this Code within a reasonable period of time.
(3) The Building Official and their designees, including Code Compliance Officers, shall enforce the provisions of this Code pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location, or razing of a building or structure.
B. Inspections: Upon presentation of proper credentials, including a warrant, an authorized employee or agent of the City may enter at reasonable times any building, structure, or premises in the City to perform inspections of potential violations of this Code.
C. Withholding of Permits and Approvals:
(1) No Building Permit or final Certificate of Occupancy shall be issued for any building or structure that does not fully comply with the provisions of this Code. Nothing in this Code shall be waived or superseded by the wrongful or erroneous issuance of a Building Permit, business license, or Certificate of Occupancy.
(2) If the City has issued some permits or approvals for a development or subdivision, but additional permits or approvals are needed for completion of the project, and the City determines that there have been violations of this Code related to those permits or approvals already granted, the City may withhold later permits or approvals for the development until the violations have been corrected.
(3) As an alternative to withholding of permits or approvals, the City may issue later permits or approvals subject to conditions that the existing violations be cured within a stated period of time.
D. Abatement:
(1) Following a determination by the Planning Director that a public nuisance as defined in this Code is being maintained, notice shall be given to the owner or owner's representative either in person, by property posting, or by regular or certified mail to abate the nuisance or violation within a time specified in the notice.
(2) If the owner or owner's representative fails to comply with the requirements of the notice within the period specified, the Planning Director may take action including abatement or cleanup.
(3) The City may recover the cost of abatement as allowed under Idaho State Code 50-1008 as a lien upon the property or as a City tax for costs incurred in the abatement or cleanup.
(4) Proceeding under this Code will not preclude the City from proceeding under other sections of the Boise City Code or under any other applicable provisions of state or federal statutes.
4. Remedies And Penalties:
A. General Penalties:
(1) A permit, certificate, or approval issued in conflict with the provisions of this Code shall be null and void.
(2) Any violation or noncompliance with the provisions of this Code shall be subject to all remedies, penalties, and enforcement available under Title 1, Chapter 4, of the Boise City Code and Title 67, Chapter 65, of the Idaho Code, including but not limited to criminal misdemeanor and civil injunction action.
(3) Any person who violates any provision of this Code shall be punished by a fine of not more than $1,000.00.
(4) Any person who files an application who willfully makes any false statement in such application, or who, upon demand, willfully furnishes false information, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00.
B. Affordability Incentive Penalties: The following shall apply to all development earning one or more of the affordability incentives set forth in Section 11-04-03.7, Incentives.
(1) The owner of each rental dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that is not rented in compliance with the required levels of affordability shall be subject to an additional penalty equal to 125 percent of the difference between the maximum rent required by Section 11-04-03.7 and the rent actually charged to the renter, calculated cumulatively for each day of violation.
(2) The seller of an owner-occupied dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that is not sold in compliance with the required levels of affordability shall in addition be subject to an additional penalty equal to 125 percent of the difference between the maximum sales price required by Section 11-04-03.7, and the sales price at which the unit was sold.
C. Revocation of Permits and Certificates: The Planning Director or a review body shall have the authority to revoke any permit, certificate, or approval that has been granted under this Code when it has been determined that the structure or use authorized by the permit, certificate, approval, or license has been constructed or is being maintained in violation of this Code or of the conditions and limitations of an issued permit, certificate, or approval. In order to revoke the permit, certificate, or approval, the Planning Director shall follow the following procedures:
(1) A notice of intent to revoke a permit, certificate, or approval shall be sent to the holder of the permit, or to one of their representatives, or, if this is not possible, the notice shall be posted in a conspicuous position at the entrance to the premises and by the certified mailing of another copy of the notice to the last known address of the permit, certificate, or approval holder.
(2) The permit, certificate, or approval shall be revoked within 15 days of the posting of the notice of intent to revoke unless the cause of the violation has been removed and evidence of the same has been present to the Planning Director within that period.
(3) Any action of permit, certificate, approval, or license revocation may be appealed pursuant to Section 11-05-04.7.A, Appeals.
5. Required Property Maintenance:
A. Purpose: This Section is intended to help prevent urban blight by establishing minimal property maintenance standards.
B. General: Damaged, dilapidated, or unfinished buildings shall be removed, restored, or finished to eliminate detrimental visual impacts. A property owner shall take steps to restore or finish the building per approved plans. No building or premise shall detrimentally impact the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment, or unfinished construction.
C. Restoration of a Damaged or Dilapidated Building or Completion of an Unfinished Building: Restoration of a damaged or dilapidated building or work toward completion of an unfinished building shall begin within six months of the building becoming damaged or dilapidated or being deemed unfinished. The City shall require that such buildings that are also unoccupied be secured (fenced or boarded up) during the six month period. This deadline may be extended by the Planning Director upon submission of documentation of insurance settlement delays or similar complications beyond the owner's control. Restoration of a damaged or dilapidated building or work on an unfinished building shall be completed within one year from commencement.
D. Due Process Hearing: If the City determines that either of the two events in Subsections (1) or (2) below have occurred, the City shall advertise and the Hearing Examiner shall conduct a public hearing pursuant to Section 11-05-04.7.A(1)(a)i as to why the building has not been restored or completed as required.
(1) It has not been maintained at a minimal property maintenance standard as required by applicable City, state, or federal regulations, or as necessary to protect public health and safety for six months, or as necessary to avoid the creation of a private or public nuisance; or
(2) Efforts to restore or finish the building have not been completed within one year after restoration or construction work has begun.
E. Notice: At least 15 days prior to the date of the public hearing, notice shall be sent via certified mail to the property owner and by first class mail to residents and property owners within 300 feet of the property, and a public notice of the hearing shall be advertised in the official newspaper of the City.
F. Required Findings:
(1) Removal or restoration of the building shall be ordered if the following findings are made:
(a) The building meets the definition of a damaged, dilapidated, or unfinished building;
(b) The building has existed in a damaged, dilapidated, or unfinished state for a period of at least six months or has not been maintained at the minimal property standards for a period of six months; and
(c) The property owner has previously received written notice as required in paragraph E, above.
(2) If removal or restoration is ordered, the City shall obtain bids to restore the building or clear the site of the offending building.
(3) The fact that a building is not a danger or attractive visual nuisance shall not be a defense for failing to restore or finish it.
G. Restoration and Demolition:
(1) Fund: The City shall establish a revolving fund to be designated for building restoration and demolition pursuant to this Code. Payments shall be made out of this fund upon the demand of the Planning Director to defray the costs and expenses associated with restoration or demolition.
(2) Recovery of Cost of Restoration or Demolition: The property owner shall be billed for the costs of restoration or demolition. If the property owner does not respond within 60 days, the City may recover costs of the abatement in a civil action or by filing an assessment with the Ada County Recorder on or before the first day of August of the year. Assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 10 percent per annum, or the current interest rate if higher, from and after the date. All money recovered from the sale of the property at a foreclosure sale shall be returned to the restoration and demolition fund. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)