The following are available to enforce compliance with the provisions of this chapter. Nothing herein shall prevent the City Council of Deary or any other public official or private citizen from taking such other lawful action as is necessary to prevent or correct any violation of this Chapter or of the Idaho Code.
A. Injunction: The City may obtain from a District Court having jurisdiction, an injunction enjoining the construction or installation of buildings or structures on any building site upon affidavit of the City that such building or structure does not conform to the requirements of this chapter. The affidavit must set forth such violations in detail. The injunction may be made permanent, at the discretion of the court.
B. Stop work order: Upon notice from the code official that work is being performed contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice can be in the form of a letter or placed upon any structure or property where the violation is occurring. Any person who shall continue any work on the item after having been served with a stop work order, except such work as that person is directed to perform by the City to remove a violation or unsafe condition, shall be liable for a fine of not less than three hundred dollars ($300) for each day the work continues.
C. Violation Penalties: Any person who willfully violates or fails to comply with any provisions of this chapter or any provisions of the codes enumerated in this chapter or rules promulgated by the Administrator of this chapter or the Board pursuant to this chapter or the codes enumerated in this chapter, or who, having obtained a permit hereunder, shall willfully fail to continue to comply with the conditions as set forth herein, is guilty of a misdemeanor, and upon conviction, shall be fined not more than three hundred dollars ($300.00), or imprisoned for not more than ninety (90) days, or by both fine and imprisonment. A separate violation is deemed to have occurred with respect to each building or structure not in compliance with this chapter. Further, each day such violation continues constitutes a separate offense.
D. Work commencing before permit issuance: In addition to any penalties assessed under Section 15.04.080 of this chapter, any work which is started or proceeded prior to obtaining a permit or approval to include plan or system approval, which is required by these rules and/or the codes enumerated in Title 39, Chapter 41, Idaho Code, where any enforcement action has begun, shall be subject to a fee, as set forth in Section 15.04.090. Such fee shall be in addition to the required permit and/or approval fees. The fee for work commenced prior to obtaining any required permit or approvals shall be double the permit fee for any second or additional offenses by any person, company, contractor, individual, property owner or the like and is not dependent on any enforcement action. The payment of such fees shall not relieve any persons from fully complying with the requirements of Title 39, Chapters 40 or 41, or both, Idaho Code, or these rules in the execution of the work, nor from any other penalties as prescribed by law.
E. Civil Action: Notwithstanding any other remedies available, any person damaged as a result of a violation of this chapter or the codes enumerated herein or promulgated pursuant to this chapter has a cause of action in any court of competent jurisdiction against the person who committed the violation, and if such damaged person prevails, they shall be entitled to a reasonable attorney's fees to be determined by the court, together with court costs. Further, each day such violation continues constitutes a separate offense.
F. Withholding Of Permits: The Building Official may withhold permits, including building permits and certificates of occupancy, on lots or parcels of land where a violation of any provision of this Code or the City of Deary Zoning Ordinance exists, unless the permit being requested is to resolve the violation(s). The Building Official may also suspend issuance of permits, including building permits and certificates of occupancy to applicants who have demonstrated a record of unresolved noncompliance with provisions of this Code. If a permit is withheld, the Building Official shall refer to the notice and order that details the violations or any letter sent regarding the City of Deary Zoning Ordinance. If a notice and order or letter of violation has not been issued, the Building Official, within thirty (30) days of the denial of a permit, shall issue a notice and order in accordance with Subsection F of this Section; or in the case of a violation of the City of Deary Zoning Ordinance, the City of Deary shall issue a letter detailing the violations in accordance with the procedures set out in City of Deary Zoning Ordinance.
G. Recordation Of Noncompliance: Notwithstanding any other remedies available, the Building Official may, to ensure that future owners of properties are put on notice of noncompliance, record with the Latah County Auditor any letter, document, or item that describes the matter of noncompliance on a property. This may be done any time after the issue of noncompliance is discovered.
H. Notice of Noncompliant Building or Structure or Other Code Violation:
1. Commencement of Proceedings: When the Building Official has inspected or caused to be inspected any building or structure or property and has found that such building or structure or property is noncompliant, or the Building Official is unable to verify compliance because the required inspections have not been requested and performed, the Building Official shall commence proceedings to cause the repair or inspection of the building or structure.
2. Notice and Order, and Appeal Process: The Building Official shall issue a notice and order directed to the record owner of the building or structure. The notice and order shall contain:
a. The street address, if issued, and/or a legal description or Assessor's parcel number sufficient for identification of the premises upon which the building or structure is located.
b. A statement that the Building Official has found the building or structure to be noncompliant with a brief and concise description of the conditions found to render the building or structure noncompliant under the applicable provisions of the applicable code.
c. A statement of the action required to be taken as determined by the Building Official and that any person having any record title or legal interest in the building or structure may appeal from the notice and order or any action of the Building Official to the Board of Appeals, in accordance with the appeal procedures outlined in this code; and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
3. Service of Notice and Order: The notice and order shall be mailed by regular mail, or by any other method of service or delivery at the discretion to the Building Official, to the owner of the property as shown on the tax record of the property. The failure of the Building Official to serve any person having an interest in the property that is not shown on the tax records of the County shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section. The failure of any person to receive notice as set out in this Subsection F3 shall not affect the validity of any proceedings taken under this Section.
4. Proof of Service: The Building Official shall keep a copy of the notice and order sent with the records of the noncompliance for the property.
5. Recordation of Noncompliance: If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the Office of the County Recorder a certificate describing the property and certifying:
a. That the building or structure is noncompliant; and
b. That the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building or structure demolished so that it no longer exists on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder certifying that the building or structure has been demolished or all required corrections have been made so that the building or structure is no longer noncompliant, whichever is appropriate.
I. Referral for Further Action: The Building Official shall notify the City of Deary and their attorney of completion of any of the above and, when the City of Deary’s attorney has not already taken action, the City may refer the matter to their attorney for further action. (Ord. 389, 1-13-2021)