A. Prior to issuance of a certificate of occupancy the applicant shall provide final approval signatures from other agencies also performing inspection services on that particular project including, but not limited to, the fire district, the highway district, the Panhandle health district, or other sewer districts, the state electrical inspector, the state plumbing inspector, the state building inspector, the Idaho department of health and welfare, the department of lands, and the U.S. army corps of engineers. All approval signatures from the above mentioned agencies are at the discretion of the building official with city council approval.
B. Any permit applicant whose requested building permit or certificate of occupancy is denied by the building official for reasons related to the refusal of an official of a jurisdiction other than Dalton Gardens to approve said permit or certificate shall be entitled to appeal said denial to the Dalton Gardens city council.
1. Such appeal shall be taken solely upon the record and upon such testimony and evidence as might be introduced before the council by the parties and any agency whose approval has been withheld. Notice of such review shall be provided at least five (5) days prior to the hearing of the parties and agency, respectively, by first class mail.
2. If the council is able to develop an accord between the parties and the withholding agency, said accord shall be reduced to writing, signed by the parties, and the appeal shall go no further.
3. The city council may decide whether to allow the permit or certificate to be issued despite objection by another agency. A decision to issue a permit or certificate may be made if the council finds from the record developed in the case that the applicant has complied with all ordinances of Dalton Gardens or any state laws for which Dalton Gardens has enforcement responsibility. The requested permit or certificate shall be withheld if the record provides evidence that a city ordinance or applicable state law is violated if the permit or certificate were issued.
The appeal shall be conducted in accordance with the provisions of Section 1-11-1 A. of this code. (Ord. 248, 7-5-2016; amd. Ord. 264, 3-5-2020)