10-1-13: CORRECTIVE PROCEDURES:

   A.   Violations To Be Corrected: When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

   B.   Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:

      1.   That the building or property is in violation of the floodplain management regulations;

      2.   What is required to bring the building or property into conformnce with this chapter; and

      3.   If the owner fails to correct the violation the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

   C.   Order To Take Corrective Action: If the owner fails to take action to bring the building or property into compliance the floodplain administrator shall find that the building or development is in violation of the flood control ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred twenty (120) calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.

   D.   Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the zoning administrator within twenty (20) days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

   E.   Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be subject to the provisions of section 10-1-14D.

(Ord. 815, 7-23-2019)

10-1-14: VIOLATIONS AND PENALTIES:

   A.   Failure To Obtain A Development Permit: Failure to obtain a development permit shall be a violation of this chapter.

   B.   Failure To Comply With Permit: Development permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter.

   C.   Complaints Regarding Violations: Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this chapter.

   D.   Penalties: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:

   Violation of any of the provisions of this title or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor, and be punishable as provided in section 1-4-1 of this code. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code.

(Ord. 82, 12-14-1982; amd. Ord. 697, 5-14-2013; Ord. 815, 7-23-2019)

10-1-15: AMENDMENTS:

   A.   Authority: Whenever the public necessity, convenience, or general welfare require, the city council may, by ordinance after receipt of recommendation thereon from the planning and zoning commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations of this title.

   B.   Initiation Of Amendment: Amendments to this title may be initiated in one of the following ways:

      1.   On application by a citizen of the city;

      2.   On recommendation by the floodplain administrator;

      3.   On recommendation of the commission; or

      4.   Required by the council.

   C.   Application For Amendment: Applications for amendments to this title shall contain the following information:

      1.   Name, address, and phone number of applicant;

      2.   Proposed amending ordinance, approved as to form by the council;

      3.   A fee as established by resolution of the council; and

      4.   Additional information as may be required by the administrator to aid in review of the amendment.

   D.   General Procedure For Amendments:

      1.   Request for an amendment to this title shall be submitted to the commission which shall review and evaluate the request to determine the extent and nature of the amendment requested.

      2.   The commission may recommend approval and the council may adopt or reject the amendment under the notice and hearing procedures as herein provided.

   E.   Public Hearing Notice: The commission shall hold a public hearing and make recommendations on the proposed amendment.

      1.   The commission, prior to recommending an amendment to the council, shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. The commission shall follow the following notice requirements:

         a.   Published Notice: At least fifteen (15) days prior to each hearing, notice of the time and place of the hearing and a summary of the proposed amendment shall be published in the official newspaper or paper of general circulation within the city. Notice shall also be made available to other papers, radio, and television stations serving the city for use as a public service announcement.

   F.   Action By The Commission:

      1.   Recommendation By The Commission: Within forty five (45) days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied.

   G.   Action By The Council:

      1.   The council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one (1) public hearing using the same notice and hearing procedures as the commission. Following the council hearing, if the council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the council adopts the amendment.

   H.   Effect Of Amendment Approved: In the event the council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance. (Ord. 815, 7-23-2019)

10-1-16: LEGAL STATUS PROVISIONS:

   A.   Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance: This chapter, in part, comes forward by re-enactment of some of the provisions of the flood control ordinance enacted July 18, 1974, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit, or proceeding instituted or pending. All provisions of the flood control ordinance enacted on July 18, 1974, as amended, which are not re-enacted herein are repealed.

   B.   Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this chapter. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.

   C.   Severability: This chapter is hereby declared to be severable. Should any portion of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the chapter before the declaration of partial invalidity.

   D.   This chapter, or a summary thereof in compliance with section 50-901A, Idaho Code, shall be published once in the official newspaper of the city, and shall take effect immediately upon its passage, approval, and publication.

(Ord. 815, 7-23-2019)