(1) Penalties: Each violation of this article is a misdemeanor. Each day that work or land use continues after notification of violation shall constitute a separate offense, and each violation shall be punishable as provided in Idaho Code section 18-113, as amended.
(2) Enforcement Procedures:
A. Whenever DSD shall determine that a probable violation of this article has occurred or is about to occur, it shall notify the board of such probable violation and recommend action that should be taken. Upon knowledge of probable violation, whether or not a recommendation has been received from the director or the commission, the board may request that the Canyon County prosecuting attorney investigate, and if appropriate, commence action, criminal or civil, to correct the violation and to punish the same.
B. In the event any use of land or any construction commences in violation of the provisions of this article, the proper authorities of the county, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful use of land or construction, to restrain, correct or abate such violation or to prevent any illegal act, conduct, construction, business or use of land in or about such premises.
(3) CAFO Permit Revocation Procedures: Violation of this article, or any conditions of an approved CAFO siting permit, will cause the owner/operator to be in violation of this article and will cause the CAFO siting permit to be revoked. The violation may cause the revocation of the CAFO siting permit by the county in accordance with the following notice and hearing procedures:
A. If any person, including staff or a member of the commission, files a written notice presenting sufficient evidence, as determined by the director, alleging that the conditions of the conditional use permit have been violated, the final presiding party, the board or the commission, whichever made the final decision, shall set the matter for a public hearing noticed in accordance with subsection (3)B of this section.
B. The commission or the board shall conduct at least one public hearing on the proposed revocation of an approved CAFO siting permit for a new CAFO or a CAFO siting permit for an expanding CAFO in which interested persons shall have an opportunity to be heard. At least fifteen (15) calendar days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or newspaper of general circulation within the county. Notice may also be made available to other newspapers, radio and television stations serving the county for use as a public service announcement. Notice shall also be posted on the premises not less than one week prior to the hearing. At least fifteen (15) calendar days prior to the public hearing, notice shall also be provided to property owners or purchasers of record, within the land being considered, three hundred feet (300') of the external boundaries of the land being considered, and any additional area determined by the commission or board. (Ord. 07-002, 1-18-2007)