A. General Penalties: Except as otherwise stated in this code, violations of any of the provisions of this title shall be punishable as follows:
1. For a first violation the violator will be deemed guilty of an infraction and shall pay the fixed penalty of three hundred dollars ($300.00).
2. For a second violation within two (2) years, the violator will be deemed guilty of a second offense infraction and shall pay the fixed penalty of three hundred dollars ($300.00).
3. For a third violation within two (2) years, the violator will be deemed guilty of a misdemeanor and may be fined up to one thousand dollars ($1,000.00) and may be jailed for up to six (6) months.
4. A citation shall be issued in person by a uniformed officer of the county or authorized designee, or may be mailed by certified mail, return receipt requested, to the owners contractor on file with the permit, the occupant and the owner of record if the occupant is not the owner of record. The citation shall include the date(s) of the violation, the location of the property, and reference to the section(s) of this code violated.
5. Each day of continuing violation may be assessed as a separate violation.
C. Notification, Action of Prosecuting Attorney: Whenever the administrator shall determine that a violation has occurred, he shall notify the prosecuting attorney of such violation and recommend action that should be taken.
D. The prosecuting attorney may take whatever criminal action deemed necessary to enjoin any violation of this title. The prosecuting attorney may, with the consent of the county commissioners, bring whatever civil action deemed necessary to enjoin any violation of this title. Civil remedies may be sought in addition to, or in lieu of, criminal penalties, including the recovery of any costs, civil fines or penalties imposed by this title and the filing with the recorder’s office of a notice to title of a building violation that has remained unresolved for forty five (45) days or more after the first notice of violation was sent by certified mail by Bonner County to the landowner at the address shown on the county assessor’s tax rolls. The notice of violation shall identify the violation, location and the actions required to resolve the violation. After the violation has been resolved, the landowner shall pay a fee as set forth in the official fee schedule established by this title to process and record a lifting of the notice to title.
E. Action of the County: In the event any action is taken or any construction commenced in violation of the provisions of this code, the proper authorities of the county, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction or to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 535, 4-2-2014; amd. Ord. 641, 9- -2021)