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(1) Powers and Duties of Enforcing Officers.
A. Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter (chapter 10), chapters 11, 12, and/or 13 of this code.
B. The planning director, and his/her duly authorized designee, shall have the right to enter upon any land during the daytime in the course of his duties, and, if approached by the property owner or lessor shall show proper identification and give that individual notice as to the purpose of the visit. The director or his/her designee may enter in any building upon being invited by an owner or tenant and may enter a structure closed to them by will of an owner or occupant or through absence of the same upon obtaining an administrative search warrant. They may seek accompaniment, as may be approved by a judge to have other enforcement agency representatives accompany them.
(2) Violations and Penalties:
A. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law.
B. Authority. In any case where any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this title, as determined by the planning director, his/her designee or a code compliance officer or otherwise other proper legal authorities of the city, that authority may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy or use of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such building, structure or land. In exercising enforcement authority, the city representative shall follow any specific remedial/enforcement sections listed in relevant chapters of this title or, in their absence, adhere to the provisions of this section specifically.
C. Notice of Violation: Upon the awareness of any violation of any of the provisions of this title the planning director, his/her designee, or, a code compliance officer shall serve notice of such violation on the person committing or permitting the same, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. and if such violation has not ceased within such reasonable length of time as the planning director, or his/her designee, or, a code compliance officer may determine, he/she will take action as may be necessary to terminate the violation as specified below. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
D. Corrective action: If such violation has not ceased within such reasonable length of time as the planning director, or, his/her designee, or a code compliance officer may determine, then the planning director, or his/her designee or a code compliance officer shall take such action as may be necessary to terminate the violation. This may infer initial issuance of a citation, solicitation of assistance from other local authorities, abatement of a nuisance, posting of some type of cease and desist or stop work order, withholding a certificate of occupancy or building permit, etc., or pursuit of legal remedies.
E. Penalties: Any person or corporation, whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements approved under this chapter shall be subject to fine and/or imprisonment up to, but not exceeding, the maximum penalties set forth in Idaho Code section 50-302, as amended. Either or both such fine and imprisonment may be imposed. Each day's continued violation shall constitute a separate additional violation.
(3) Administrative Citation Process:
A. Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter, chapters 11, 12, and/or 13 of this code. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law. (Ord. 2789, 10-5-2009)
1. Procedure For Service:
(A) Unless otherwise provided, service of the first violation warning that is required by this section may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. Service by mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
(B) Unless otherwise provided, service of any other document or notice required by this section, other than the first violation warning, may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by certified mail. Service by certified mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery, together with the acknowledgment of receipt, signed by the responsible person or his/her agent, if one is obtained. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
A. Responsibility Of Cited Party: Upon service of a violation warning, the responsible person shall comply with said warning to remedy the violation within the time specified. Upon service of an administrative citation, the responsible person shall pay the assessed fines and remedy the violation.
B. Content Of Violation Warning: A violation warning shall contain all of the following information:
1. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (3)D1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section.
2. The city code section violated and a description of the violation.
3. The action required to correct the violation and the date by which such action must be completed.
4. The consequences of failing to correct the violation, except for the first violation warning which shall not contain the consequences.
5. The name and signature of the citing official.
D. Violation Warnings:
1. A first violation warning shall be issued for all code violations and shall ordinarily provide ten (10) days to correct the violation. At the discretion of the citing official and based on immediate dangers to health or safety, a shorter time for correction may be set forth in the first violation warning.
2. A second violation warning, identified as "second notice", shall be issued for all code violations in the event the first violation warning goes unheeded and the code violations remain at the end of the time frame given in the first violation warning to correct said code violations. The second violation warning shall give a minimum of ten (10) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety.
3. A final violation warning, identified as "final notice", shall be issued for all code violations in the event the first violation warning and the second violation warnings go unheeded and the code violations remain at the end of time frame given in the second violation warning to correct said code violations. The final violation warning shall give a minimum of five (5) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety. The final violation warning shall list the amount of the fine that will be imposed if there is no compliance with said final violation warning.
E. Violation Warning Satisfied: If the citing official determines that all violations specified in the violation warning have been corrected within the time set forth in the violation warning, no further action under this section shall be taken against the responsible person regarding the violations.
F. Failure To Comply With Violation Warning: If the responsible person fails to fully comply with the final violation warning within the time specified, the citing official may issue an administrative citation as provided in this section. The issuance of the administrative citation does not alleviate or negate the responsible person's obligation to fully comply with the violation warning.
G. Content Of Administrative Citation: An administrative citation shall contain all of the following information:
1. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
2. The code section violated and a description of the violation.
3. An outline of the violation warnings issued, and the time frames given within said violation warnings.
4. The amount of the fine imposed for the violation as well as the time frame within which said fine shall be paid and place of payment for said fine.
5. An order prohibiting another occurrence of the code violation.
6. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain an administrative hearing request form to contest the administrative citation.
7. The name and signature of the citing official.
H. Administrative Fines:
1. For any violation of this chapter the administrative fine shall be twenty-five dollars ($25.00) per day for each day's continued violation for a first violation with a maximum fine amount of three hundred dollars ($300.00); fifty dollars ($50.00) per day for each day's continued violation for a second violation with a maximum fine amount of four hundred dollars ($400.00); and one hundred dollars ($100.00) per day for each day's continued violation for a third violation for a maximum fine amount of six hundred dollars ($600.00) as well as for additional violations occurring within a twelve (12) month period. The fines imposed thereafter may be set forth in a resolution adopted by the city council.
2. Because a new and separate offense occurs under section 10-01-09 of this chapter each day during which a violation of any provision or requirement of this code is committed, continued, or permitted, the citing official shall assess fines according to the schedule set forth in subsection (9)A of this section for each day from the date for which compliance was directed in the first violation warning until the date the violation is fully corrected as determined by the citing official or until the maximum fine amount is reached, whichever comes first.
3. Administrative fines assessed for failing to fully comply with violation warning or administrative citation is a debt owed to the city.
I. Payment Of Administrative Fine: The administrative fine shall be paid to the planning and zoning department within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to subsection (11) of this section, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded.
J. Request For Administrative Hearing:
1. Any responsible person to whom an administrative citation is issued may contest the citation by:
(A) Completing an administrative hearing request form and returning it to the planning and zoning department;
(B) Providing a complete and current mailing address for service of papers, including notices on the responsible party, by mail; and
(C) Depositing the administrative fine with the planning and zoning department.
2. The planning and zoning department must receive a completed administrative hearing request form and the administrative fine within thirty (30) days from the date of service of the administrative citation. If both items are not received within the required time frame, the responsible person waives the right to a hearing.
3. The citing official shall serve notice on the person requesting the hearing of the time and place of the hearing at least seven (7) days before the date of the hearing. The citing official shall serve any documentation, other than the administrative citation, that the citing official has submitted or will submit to the hearing officer on the person requesting the hearing at least five (5) days before the date of the hearing. Service shall be in accordance with subsection (2) of this section.
K. Time For Administrative Hearing: Only after an administrative hearing request form is received by the planning and zoning department within the required period and the responsible person requesting the hearing has deposited the administrative fine in full, shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, but no more than sixty (60) days, after the date of filing the administrative hearing request form.
L. Request For Continuance Of Hearing: The responsible person requesting a hearing may request one continuance, which shall be granted if deemed reasonable by the city. The city may also continue the hearing at its own discretion.
M. Appointment Of Administrative Hearing Officer: The planning and zoning director or his/her authorized designee shall select an administrative hearing officer. The city council shall approve said selection and appoint the administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for financial, economic or other bias. In no event shall the administrative hearing officer be the citing official. The compensation, if any, of the administrative hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the administrative hearing officer.
N. Procedures At Administrative Hearing: Administrative hearings are not public hearings and are informal. Formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this chapter, chapters 11, 12 and/or 13 of this code. The administrative citation and any additional reports submitted by the citing official shall constitute evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.
O. Failure To Attend Administrative Hearing: If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person shall be deemed to have waived the right to an administrative hearing.
P. Decision Of Administrative Hearing Officer:
1. Issuance Of Decision: No later than fifteen (15) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal, said appeal process outlined in subsection 10-03-04
(9) of this article.
2. Administrative Citation: The administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited because advance deposit has been waived by the city on the grounds of hardship or otherwise, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
3. Administrative Order: With regard to the administrative hearing officer's decision, it shall be entitled "administrative order". The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the violation warnings and administrative citation, and regarding whether the responsible person took the required corrective action within the time period set forth in the violation warnings. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the administrative hearing officer determines that the violation(s) set forth in the violation warning did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
4. Administrative Costs: The administrative hearing officer may assess against the responsible person administrative costs for any violation found to exist, or for any violation that was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with administrative hearings pertaining to the violation, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing, and costs for all inspections necessary to enforce the violation warning, administrative citation and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.
Q. Administrative Hearing Application Fee: The city council shall by resolution establish an application fee to be paid by the person seeking an administrative appeal hearing.
R. Late Payment Charges: Any person who fails to pay to the city on or before the due date any administrative fine imposed pursuant to the provisions of this section shall be liable for the payment of late payment charges in the amount of fifty percent (50%) of the administrative fine payable to the city over and above the original fine. (Ord. 2789, 10-5-2009)
S. Failure To Comply With Administrative Order: Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. (Ord. 3576, 3-19-2024)
(1) Authority and Purpose: In accordance with the allowances made by state law, a property owner or developer may request, or the city may require, that an application for rezone or zoning map amendment be processed in conjunction with the execution of a development agreement. Through such agreements, a property owner or developer may agree to make written conditional commitments concerning the use or development of a subject parcel in exchange for the change of zoning requested. The purpose of such agreements shall be to allow development that provides benefits for both the property owner or developer and the city by providing a balance between the owner or developer's desire for certainty in the development process and the city's desire for control of the impacts of the project.
(2) Process:
A. Creation and Form. At a minimum, development agreements shall include the following:
1. A legal description of the subject property;
2. A description of the uses permitted or conditionally permitted through special use permit on the land, which may include conceptual site plans, building elevations showing exterior building treatments and designs, signage, landscaping and parking designs, and other pertinent exhibits;
3. Provisions for any reservation or dedication of land;
4. The duration of the agreement; and
5. The commitments or other terms of the agreement.
B. Commitments and Safeguards. The written commitments or conditions exacted shall be specific and shall have a reasonable relation to the zoning change approved. In addition, the following safeguards shall be applied:
1. A development agreement shall only be allowed in connection with annexations or rezones.
2. A development agreement shall be binding on the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel, unless otherwise modified, terminated, or expired.
3. A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property set forth within any duly executed agreement.
4. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
5. When a commitment is required to be satisfied prior to completion of construction and it is not so satisfied, construction shall be halted until compliance is established.
6. The negotiation of a development agreement, and its signature by the applicant and the owner, does not commit the council to the adoption of the zoning map amendment; a zoning map amendment subject to a development agreement, in turn, shall not be effective until such time as all parties have signed the development agreement, and a notice of development agreement has been recorded.
7. The establishment of a development agreement and the written commitments contained therein in accordance with the provisions of this section shall be deemed written consent for the city council to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement.
8. Conditional commitments made under such agreements are in addition to the regulations provided for in the zoning district by ordinance and are established to ensure compatibility of the resulting land use with the surrounding area.
9. A written development agreement may include commitments for one or more of the following purposes:
(A) To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;
(B) To entertain allowing a specific use or uses of the parcel for which the development agreement is sought, including uses in a zone not normally allowed therein;
(C) To conform the zoning map amendment to the comprehensive plan;
(D) To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood;
(E) To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services; or
(F) To narrow the permitted or specially permitted uses in the zone.
(G) Limit residential density; or prohibit structures, or uses of land or structures, otherwise permitted in a zone;
(H) Require compliance with a site plan and/or design standards for structures and other site features;
(I) Require compliance with a site plan approved by the council either in conjunction with the rezoning or under the procedures for a special use;
(j) Require the construction and installation of improvements, including public improvements; or
(k) Impose time limits for taking subsequent development actions.
C. Recordation. Development agreements shall take effect and shall be recorded by the city in the office of the county recorder upon the adoption of the ordinance establishing the zoning map amendment by the city council.
D. Zoning Map Identification. A zoning action subject to a development agreement shall be identified on the zoning map by the suffix "DA", and the number of the ordinance applying to the development agreement.
E. Development Agreement Expiration. Development agreements shall expire within five (5) years if no development or improvements have begun on the subject parcel(s), unless otherwise negotiated in the agreement, or an request for an extension has been granted.
F. Modification, Enforcement, Extension, and Termination.
1. Modifications. A development agreement may be modified by request of an applicant or the city only after an approving vote of the council after complying with the notice and hearing provisions of this chapter. Modification of and to an executed agreement shall be required by the planning director or his/her designee under the following circumstances:
(a) A change to any of the terms or conditions of the original development agreement is proposed;
(b) A substantial change to any established positioning of any structure over 200 square feet in area is proposed;
(c) A substantial change to any approved parking or landscaping area layout or arrangement is proposed;
(d) A substantial change to any approved set of building elevations or exterior appearance or design is proposed;
(e) A substantial change to any of the approved land uses listed within the development agreement; and/or
(f) A substantial change to any development agreement for signage is proposed.
2. Enforcement. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
3. Extensions. The period of time for compliance of commitments may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter. In addition, the five-year expiration period may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter.
4. Termination. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the following:
(a) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within two (2) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(b) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to begin development or improvements on the subject parcel within five (5) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(c) Upon termination of the development agreement, the property may revert to the zone applicable prior to the adoption of the development agreement or application for zone change, or to the least intensive zoning classification (low density residential) as deemed appropriate by the Planning Director. If the zone reverts to the prior zone, all uses of the property which are not consistent with the subsequently applied zone following termination of the development agreement shall cease. The owner of the parcel may apply for a special use of the parcel if such use is a specially permitted use within the subsequently applied zone. (Ord. 2729, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019; Ord. 3576, 3-19-2024)
(1) Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for any of the following applications: special use permits, variances, annexations, planned unit developments, preliminary plats, appeals, comprehensive plan map amendments, and rezones.
A. It shall be the sole duty of the applicant to provide written notice of a neighborhood meeting to all property owners or purchasers of record owning property within five hundred feet (500') of the exterior boundary of the subject property; except that in the case of variance applications only, written notice of a neighborhood meeting only needs to be provided to property owners immediately adjacent to the subject property.
B. Notice of a neighborhood meeting shall be in addition to, and not combined with notices already required by this chapter, and shall include the date, time, location and purpose of the meeting.
C. The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any. The applicant/developer shall provide and discuss the development plan, proposed land uses, densities, and features of the proposed development. The applicant shall also communicate the timing and logistics (phasing) of the project.
D. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.
E. The meeting shall be held at one of the following locations:
1. On the subject property;
2. At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or
3. An office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place.
F. The neighborhood meeting shall be conducted prior to the application being accepted by the Planning and Zoning Department.
1. The subject application(s) shall be submitted within four (4) months following the neighborhood meeting.
2. Notices of the neighborhood meeting shall be placed in the mail at least fifteen (15) days prior to the date of the neighborhood meeting.
G. The neighborhood meeting form(s) shall be obtained from the planning and zoning department and shall be completed and submitted to the planning and zoning department along with the application submittal.
(2) Mailing And Publishing Of Public Hearing Notices: In accordance with Idaho Code and this chapter, the following public notices shall be required based on the type of land use application below.
A. Required notices for comprehensive plan, zoning ordinance, and subdivision ordinance text enactments, amendments, and repeals.
1. Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.
2. Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.
B. Required notices for annexations, comprehensive plan land use map amendments, zoning ordinance map amendments, development agreements, special use permits, variances, planned unit developments, and subdivision plats.
1. Published Notice: At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.
2. Public Agency Notifications: Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing.
3. Radius Notices: Notice shall be provided by mail to property owners or purchasers of record within the land being considered; five hundred feet (500') beyond the external boundaries of the land being considered; and any additional area that may be impacted by the proposed application as determined by the planning and zoning director. For variance applications, only adjacent (including across streets and alleys) residents and property owners need be notified.
4. Mass Notification Procedure: When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing for both the commission and council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
(3) Physical Site Posting Of Public Hearing Notices:
A. Not less than fifteen (15) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:
1. Properties Or Land Less Than Two (2) Acres In Size: The applicant shall post a sign consisting of one (1) eighteen inch by twenty four inch (18" x 24") bright colored, laminated paper, or other similar material mounted to a rigid surface of equal size and attached to metal or wood support posts. Notices shall specify the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing.
2. Properties Or Land Two Acres Or More In Size: The applicant shall post a four foot by four foot (4' x 4') sign consisting of plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts.
Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Caldwell Public Hearing Notice" and the date of the hearing. In addition, each sign shall include the name of the applicant, the proposed development, the date, time, place of the public hearing , the nature of the hearing , and a summa ry of the propos al to be conside red. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below:
3. The Director may require larger sized posting(s) or multiple notice(s) for applications that, in the reasonable discretion of the Director, could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts. Additionally, the Director may require larger sized posting(s) or multiple notice(s) if, in the reasonable discretion of the Director, the specific circumstances of the site and the proposed development create a risk that the notice as provided will be insufficient to alert the general public and adjacent owners to the proposed development.
4. Sign Placement And Quantity:
(A) The notice(s) shall be posted perpendicularly along each roadway, excluding Interstate 84, adjacent to the subject property boundaries. The base of the notice shall be at least three feet (3') above the ground.
(B) If the property has roadway frontage of one thousand feet (1,000') or more, a notice shall be placed at each end of the property roadway frontage.
(C) Notice(s) shall be located on the property, with the notice oriented to oncoming traffic, outside of the public right-of-way.
(D) If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained.
(E) In circumstances where placing signs per the standards listed herein is not practical, the director may identify an alternative sign placement strategy.
5. Proof Of Posting: A notarized statement, map depicting the location(s) of the sign(s) and a photograph of the posting shall be provided to the city no later than ten (10) days prior to the public hearing attesting to where and when the sign(s) were posted. Failure to provide proof of posting by such date may result in the hearing being continued or delayed until the proof of posting has been satisfied.
6. Sign Removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended.
(4) Public Hearings: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard.
Following the commission hearing, if the commission recommends a material change to the proposed amendment/action which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. If the council will conduct a subsequent public hearing, notice of the commission's recommendation shall be included in the notice of public hearing provided by the council.
A. Types Of Public Hearings:
1. Legislative: Legislative hearings include hearings on amendments to, or enactments of any ordinance. They also include revisions or amendments to the City of Caldwell Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.
2. Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the application of policy to a specific development application.
B. Decisions: The decision body shall approve, approve with conditions, approve with modifications, or deny an application based upon the applicable standards and criteria in this Code and the City of Caldwell Comprehensive Plan. Whenever a governing board or zoning or planning and zoning commission grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
C. Decision Criteria: A decision body authorized to act under this Code shall base a decision on the following criteria and any specific criteria indicated elsewhere in this chapter for the specific type of application.
1. The approval is consistent with the goals, policies, and intent of the adopted Comprehensive Plan; and
D. Conditions: A decision body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the adopted Comprehensive Plan and this Code.
E. Hearing Records: A record of the hearings, findings made, and actions taken by the commission and/or city council shall be maintained by the city.
F. Notice Of Decisions: The approval or denial of any application required or authorized pursuant to Title 67, Chapter 65, Idaho Code, shall be in writing and accompanied by a reasoned statement. A reasoned statement explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. Every final decision rendered shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinance seek judicial review under the procedures provided by Title 67, Chapter 52, Idaho Code.
G. Request For Reconsideration By Affected Persons: On any application brought before the city council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local Land Use Planning Act, found at Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title, a party may request that the city council reconsider a decision pursuant to the terms of this section. Decisions and recommendations of the planning and zoning commission are not subject to reconsideration but may be appealed to the city council as provided in this title.
Except that, decisions on annexations, being legislative decisions, do not qualify for reconsideration, and requests for reconsideration on annexations will not be heard by the City Council. This exception does not apply to category B or category C annexations subject to judicial review in accordance with Chapter 2, Title 50, Idaho Code.
1. As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who wishes to seek judicial review of compliance with the provisions of Idaho Code section 67-6535, must first seek reconsideration of the final decision within fourteen (14) days.
2. Such written request must be delivered to the city clerk within that time frame and must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards.
3. The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter.
4. The city council may consider its decision only if it finds any of the following:
(A) There was a clerical error in the decision;
(B) The decision resulted from fraud or mistake;
(C) There is new evidence for the record or a change in circumstances;
(D) There was a procedural error;
(E) The council previously rejected the application by a tie vote; or
(F) The decision was made in violation of substantive law.
5. If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. If the city council grants reconsideration in whole or in part, a hearing before the city council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in this section. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance.
6. Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.
7. Once the council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration, whether by the same or any other interested party.
8. A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies.
H. Appeals:
1. Any applicant or party aggrieved by a decision of the planning and zoning commission, hearing examiner, or other hearing body, with respect to the provisions of this article may appeal that decision to the city council by filing a notice of appeal with the city clerk within fifteen (15) days following the date upon which the decision was made.
2. Content Of Appeal: All appeals shall be in writing and shall contain the following:
(A) The appellant's name, address, and telephone number;
(B) The appellant's statement describing his or her standing to appeal;
(C) Identification of the application and/or decision which is the subject of the appeal;
(D) The appellant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances.
3. Setting Of Appeal Hearing: Upon the timely filing of appeal, the city shall set the date, time and place for the appeal to be heard by the city council.
4. Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances.
5. The council shall give legal public notice to the parties in interest, and decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney. (Ord. 2982, 2-2-2015; amd. Ord. 3522, 9-5-2023)
(1) Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter, chapters 11, 12, and/or 13 of this code. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law. (Ord. 2789, 10-5-2009)
(2) Procedure For Service:
A. Unless otherwise provided, service of the first violation warning that is required by this section may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. Service by mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
B. Unless otherwise provided, service of any other document or notice required by this section, other than the first violation warning, may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by certified mail. Service by certified mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery, together with the acknowledgment of receipt, signed by the responsible person or his/her agent, if one is obtained. Failure to receive any notice does not affect the validity of the proceedings conducted under this section. (Ord. 2958, 3-3-2014)
(3) Definitions:
ADMINISTRATIVE CITATION: A written notice and applicable fine to a responsible person issued by the citing official that a continued violation of this chapter, chapters 11, 12 and/or 13 of this code has occurred without being remedied.
CITING OFFICIAL: Any planning and zoning department staff member.
LEGAL INTEREST: Any ownership interest of any "responsible person" as herein defined in real or personal property as evidenced by title or ownership documents or instruments recorded with the Canyon County recorder's office or on file with, or in possession of, any other governmental entity. "Legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessees thereof.
RESPONSIBLE PERSON: Any person whom the citing official determines is responsible for causing, maintaining, permitting, or allowing a violation of this chapter, chapters 11, 12, and/or 13 of this code. The term "responsible person" includes, but is not limited to: any person who has an ownership or possessory interest in real or personal property; any agent thereof with actual or apparent authority, possession or control of real or personal property; or any other person who creates, maintains, permits or allows a violation of this code.
VIOLATION WARNING: A written notice to a responsible person issued by the citing official that there exists a violation of this chapter, chapters 11, 12 and/or 13 of this code with instructions on how to remedy said violation.
(4) Responsibility Of Cited Party: Upon service of a violation warning, the responsible person shall comply with said warning to remedy the violation within the time specified. Upon service of an administrative citation, the responsible person shall pay the assessed fines and remedy the violation. (Ord. 2789, 10-5-2009)
(5) Content Of Violation Warning: A violation warning shall contain all of the following information:
A. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
B. The city code section violated and a description of the violation.
C. The action required to correct the violation and the date by which such action must be completed. (Ord. 2789, 10-5-2009)
D. The consequences of failing to correct the violation, except for the first violation warning which shall not contain the consequences. (Ord. 2805, 11-2-2009)
E. The name and signature of the citing official.
1. A first violation warning shall be issued for all code violations and shall ordinarily provide ten (10) days to correct the violation. At the discretion of the citing official and based on immediate dangers to health or safety, a shorter time for correction may be set forth in the first violation warning. (Ord. 2958, 3-3-2014)
2. A second violation warning, identified as "second notice", shall be issued for all code violations in the event the first violation warning goes unheeded and the code violations remain at the end of the time frame given in the first violation warning to correct said code violations. The second violation warning shall give a minimum of ten (10) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety.
3. A final violation warning, identified as "final notice", shall be issued for all code violations in the event the first violation warning and the second violation warnings go unheeded and the code violations remain at the end of time frame given in the second violation warning to correct said code violations. The final violation warning shall give a minimum of five (5) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety. The final violation warning shall list the amount of the fine that will be imposed if there is no compliance with said final violation warning.
(6) Violation Warning Satisfied: If the citing official determines that all violations specified in the violation warning have been corrected within the time set forth in the violation warning, no further action under this section shall be taken against the responsible person regarding the violations.
(7) Failure To Comply With Violation Warning: If the responsible person fails to fully comply with the final violation warning within the time specified, the citing official may issue an administrative citation as provided in this section. The issuance of the administrative citation does not alleviate or negate the responsible person's obligation to fully comply with the violation warning. (Ord. 2789, 10-5-2009)
(8) Content Of Administrative Citation: An administrative citation shall contain all of the following information:
A. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
B. The code section violated and a description of the violation.
C. An outline of the violation warnings issued and the time frames given within said violation warnings.
D. The amount of the fine imposed for the violation as well as the time frame within which said fine shall be paid and place of payment for said fine.
E. An order prohibiting another occurrence of the code violation.
F. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain an administrative hearing request form to contest the administrative citation.
G. The name and signature of the citing official.
(9) Administrative Fines:
A. For any violation of this chapter the administrative fine shall be twenty-five dollars ($25.00) per day for each day's continued violation for a first violation with a maximum fine amount of three hundred dollars ($300.00); fifty dollars ($50.00) per day for each day's continued violation for a second violation with a maximum fine amount of four hundred dollars ($400.00); and one hundred dollars ($100.00) per day for each day's continued violation for a third violation for a maximum fine amount of six hundred dollars ($600.00) as well as for additional violations occurring within a twelve (12) month period. The fines imposed thereafter may be set forth in a resolution adopted by the city council.
B. Because a new and separate offense occurs under section 10-01-09 of this chapter each day during which a violation of any provision or requirement of this code is committed, continued, or permitted, the citing official shall assess fines according to the schedule set forth in subsection (9)A of this section for each day from the date for which compliance was directed in the first violation warning until the date the violation is fully corrected as determined by the citing official or until the maximum fine amount is reached, whichever comes first.
C. Administrative fines assessed for failing to fully comply with violation warning or administrative citation is a debt owed to the city.
(10) Payment Of Administrative Fine: The administrative fine shall be paid to the planning and zoning department within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to subsection (11) of this section, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded.
(11) Request For Administrative Hearing:
A. Any responsible person to whom an administrative citation is issued may contest the citation by: 1) completing an administrative hearing request form and returning it to the planning and zoning department; 2) providing a complete and current mailing address for service of papers, including notices on the responsible party, by mail; and 3) depositing the administrative fine with the planning and zoning department.
B. The planning and zoning department must receive a completed administrative hearing request form and the administrative fine within thirty (30) days from the date of service of the administrative citation. If both items are not received within the required time frame, the responsible person waives the right to a hearing.
C. The citing official shall serve notice on the person requesting the hearing of the time and place of the hearing at least seven (7) days before the date of the hearing. The citing official shall serve any documentation, other than the administrative citation, that the citing official has submitted or will submit to the hearing officer on the person requesting the hearing at least five (5) days before the date of the hearing. Service shall be in accordance with subsection (2) of this section.
(12) Time For Administrative Hearing: Only after an administrative hearing request form is received by the planning and zoning department within the required period and the responsible person requesting the hearing has deposited the administrative fine in full, shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, but no more than sixty (60) days, after the date of filing the administrative hearing request form.
(13) Request For Continuance Of Hearing: The responsible person requesting a hearing may request one continuance, which shall be granted if deemed reasonable by the city. The city may also continue the hearing at its own discretion.
(14) Appointment Of Administrative Hearing Officer: The planning and zoning director or his/her authorized designee shall select an administrative hearing officer. The city council shall approve said selection and appoint the administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for financial, economic or other bias. In no event shall the administrative hearing officer be the citing official. The compensation, if any, of the administrative hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the administrative hearing officer.
(15) Procedures At Administrative Hearing: Administrative hearings are not public hearings and are informal. Formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this chapter, chapters 11, 12 and/or 13 of this code. The administrative citation and any additional reports submitted by the citing official shall constitute evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.
(16) Failure To Attend Administrative Hearing: If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person shall be deemed to have waived the right to an administrative hearing.
(17) Decision Of Administrative Hearing Officer:
A. Issuance Of Decision: No later than fifteen (15) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal, said appeal process outlined in subsection 10-03-04(9) of this article.
B. Administrative Citation: The administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited because advance deposit has been waived by the city on the grounds of hardship or otherwise, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
C. Administrative Order: With regard to the administrative hearing officer's decision, it shall be entitled "administrative order". The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the violation warnings and administrative citation, and regarding whether the responsible person took the required corrective action within the time period set forth in the violation warnings. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the administrative hearing officer determines that the violation(s) set forth in the violation warning did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
D. Administrative Costs: The administrative hearing officer may assess against the responsible person administrative costs for any violation found to exist, or for any violation that was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with administrative hearings pertaining to the violation, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing, and costs for all inspections necessary to enforce the violation warning, administrative citation and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.
(18) Administrative Hearing Application Fee: The city council shall by resolution establish an application fee to be paid by the person seeking an administrative appeal hearing.
(19) Late Payment Charges: Any person who fails to pay to the city on or before the due date any administrative fine imposed pursuant to the provisions of this section shall be liable for the payment of late payment charges in the amount of fifty percent (50%) of the administrative fine payable to the city over and above the original fine. (Ord. 2789, 10-5-2009)
(20) Failure To Comply With Administrative Order: Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. (Ord. 2889, 12-5-2011)
ARTICLE 4
INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS
INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS
(Rep. by Ord. 2230, 5-4-1998)
ARTICLE 5
MANUFACTURED HOME DEVELOPMENTS; DESIGN AND CONSTRUCTION STANDARDS
MANUFACTURED HOME DEVELOPMENTS; DESIGN AND CONSTRUCTION STANDARDS
SECTION:
10-05-01: Purpose And Intent
10-05-03: Permitted By Special Use Permit
10-05-05: Permitted Uses
10-05-07: Required Improvements
10-05-09: General Requirements
10-05-11: Preapplication Conference
10-05-13: Application Requirements
10-05-15: Placement Standards
10-05-17: Deed(s) Required
10-05-19: Significance Of Approval
10-05-21: As-Built Approvals
10-05-23: Planned Unit Development
The standards set forth in this Article are intended to provide the opportunity for affordable, single-family manufactured homes to be located within safe, well-planned rental or land-lease environments. A housing development that remains under the ownership of one individual, corporation, or business, should be designed and maintained in such a manner that ensures that adequate open space for each home and family is provided, that appropriate infrastructure improvements are installed and adequately maintained, and that the development is compatible with the character of surrounding residential neighborhoods. (Ord. 2290, 7-19-1999)
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