A. Complaints Regarding Violations: Whenever a violation of this title 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 title.
B. Penalties: 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 shall constitute an infraction, and be punishable as provided below. 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 city 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.
1. Misdemeanor Penalty: Any person convicted of a violation of any section or provision of this title, without regard to the form of the judgment, shall be subject to fine and/or imprisonment up to but not exceeding the maximum penalties set forth in sections 18-113 and 50-302, Idaho Code, as may from time to time be amended and/or retitled. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay costs as the court may assess.
2. Infraction Penalty: Any person convicted of a violation of any chapter or provision of this title when such offense is specifically designated as an infraction, and where no other penalty is set forth therein, shall be subject to fine as set forth in section 18-113A, Idaho Code, as may from time to time be amended and/or retitled. Failure to satisfy judgment as ordered by the court shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18-1801.
3. Federally Mandated Programs: When this city is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, the city may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to include both a fine and imprisonment for criminal offenses as set forth in section 50-302, Idaho Code, as may from time to time be amended and/or retitled.
4. License: When a person is convicted or found guilty of a violation of any chapter or provision of this title or any ordinance of the city, any license previously issued to him/her by the city, and directly related to the conviction, may be revoked by the court or by the city council. (Ord. 710, 1-14-2014)