A. Purpose: The purpose of this section is to provide criminal as well as civil sanctions against persons who violate this title. The remedies herein contained shall not be deemed exclusive remedies and by choosing a criminal or civil remedy does not amount to an election of remedies. (1984 Code § 5-17-0)
B. Intent: It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title. (1984 Code § 11-1-12A; amd. 2014 Code)
C. Private Covenants Excepted: Neither the city council nor any employee or representative of the city council shall be required to enforce any private subdivision covenants or restrictions. (1984 Code § 5-17-2)
D. Investigation And Notice Of Violation:
1. The zoning administrator, or a person designated by the zoning administrator, shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title.
2. If, after investigation, it is determined that the standards or requirements of this title have been violated, the zoning administrator, or a person designated by the zoning administrator, shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties.
3. The notice served upon the owner, tenant or other person responsible for the condition shall be addressed to the last known address of such person. If no address is known, then notice may be made by publication in the newspaper of record for the city. The zoning administrator, or a person designated by the zoning administrator, will record all efforts made to effect service in person or by mail as part of his investigative report. (1984 Code § 11-1-12B; amd. 2014 Code)
E. Extension Of Compliance Date:
1. The zoning administrator may grant a reasonable extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. Such extension of time shall not exceed one hundred eighty (180) days.
2. An extension of time may be revoked by the zoning administrator if it is shown that any of the following are true:
a. The conditions at the time the extension was granted have changed; (1984 Code § 11-1-12C)
b. The zoning administrator determines that a party is not performing corrective actions as agreed; or (1984 Code § 11-1-12C; amd. 2014 Code)
c. If the extension creates an adverse effect on the public.
3. The date of revocation shall then be considered as the compliance date. (1984 Code § 11-1-12C)
F. Revocation Of Permits:
1. Zoning, General: The procedure for revocation of permits for other than commercial and industrial development is as follows:
a. In the event of any violation of any condition, term or prerequisite which has been set as a requirement, basis or condition precedent for the issuance, continuance or land use of a conditional use permit, a hardship permit or any other permit which is subject to revocation, any person may bring that violation to the attention of the zoning administrator. The information presented to the zoning administrator may be informal in nature, but it shall be in written form. After receipt of the information, the zoning administrator shall commence a cursory investigation to determine if the factual allegations made in support of the asserted violation are true, and if the allegations are true, if the conduct complained of constitutes a violation of the terms of the permitted use.
b. In the event the zoning administrator determines that the allegations are not true or, that even if true, the facts do not constitute a violation of the permitted use, the zoning administrator may dismiss the allegations and notify the complaining party. The complaining party shall have fifteen (15) days to file a notice of appeal with the planning and zoning commission. In the event the administrator determines that the allegations are true and constitute a violation of the permitted use, the zoning administrator shall send notice of the violation to the permit holder. The notice shall inform the permit holder of the terms and conditions of the permit, the substance of the allegations which constitute the violation and inform the holder that the matter shall be placed on the agenda before the city council. At the time the matter is scheduled before the city council, the permit holder shall appear and shall either admit or deny the substance of the allegations. In the event the allegations are denied, the city council may set the hearing or may send the matter to the planning and zoning commission with instructions that the commission set the matter for a public hearing on behalf of the city council. At the public hearing, the city council or the planning and zoning commission shall hear evidence presented to support the allegations that the holder has violated the terms of the permit and shall hear evidence which rebuts the allegations. After the public hearing has been conducted, the city council shall make a determination whether or not the facts giving rise to the allegations of a violation of the permit are true, and if true, whether the conduct complained of constitutes a violation of the permit. In the event the city council makes a finding that there is no substance to the allegations or that the permit holder's conduct does not constitute a violation of the terms of the permit, the matter shall be dismissed. In the event the city council makes a finding that there has been a violation of the terms of the permit, or in the event the holder admits to a violation thereof, the city council shall take one of the following courses of action:
(1) The city council may revoke the permit.
(2) The city council may extend the permit for a set period on a probationary status, subject to such terms and conditions as the city council may deem appropriate, with the prerequisite that if there is a violation of the conditions underlying the permit while it is in probationary status, the permit may be revoked upon a showing by affidavit of any violation without the necessity of further hearing.
(3) It may modify the terms and conditions of the permit and allow it to continue subject to the new terms.
(4) It may allow the conditional use to continue under the same terms and conditions.
c. All notices required by this section may be sent by regular U.S. mail, postage prepaid. In the event a permit holder fails to appear at any stage of any proceedings, a hearing or a decision can be made in the absence of that person.
d. Any action pursued in accordance with this section does not preclude the city from any other form of enforcement, which enforcement may include criminal prosecution, civil abatement or injunctive relief.
e. Any decision rendered by the city council may be appealed to the district court pursuant to the Idaho administrative procedures act, in the manner and within the time limits set by Idaho Code section 67-5270. (1984 Code § 5-17-4; amd. 2014 Code)
2. Commercial And Industrial Development: The procedure for revocation of permits for commercial and industrial development is as follows:
a. A conditional use or accessory use permit, or any other permit which is subject to revocation, may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit.
b. If the city council decides to revoke a conditional use permit or accessory use permit, or any other permit which is subject to revocation, either on its own action or upon complaint to the city council, the city council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation.
c. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued.
d. The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use permit. If the city council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made.
e. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state, Idaho Code section 67-5270. (1984 Code § 11-1-12D; amd. 2014 Code)
G. Criminal Penalty: A violation of the provisions of this title is declared a misdemeanor. Any person violating or failing to comply with any of the provisions of this title shall be subject to criminal prosecution and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense. (1984 Code § 11-1-15A; amd. 2014 Code)
H. Additional Remedies For Violations:
1. Nothing contained herein shall prevent the city council, the planning and zoning commission, any public official or any private citizen from taking any lawful action to restrain, prevent or abate any act, proposed act or action which is in violation of or which would violate any provision of this title. Should any person successfully sue for the restraining, prevention or abatement of any act or proposed act which would violate this title, that person shall be awarded all costs and fees incurred in pursuing that action. (1984 Code § 5-17-1; amd. 2014 Code)
2. Notwithstanding the provisions of subsection G of this section, the city attorney, at his or her sole discretion, may civilly prosecute any violation of this title and seek all available remedies that may include, but are not limited to, abatement of the noncompliant conditions, revocation of existing permits for noncompliance, civil damages for enforcement, or any other remedy as allowed by law. (1984 Code § 11-1-15B)
3. The city may file a lien upon any real property owned by convicted persons if they fail to comply with the penalty as set forth in this section. (1984 Code § 11-1-15C)
4. The city may withhold any approval and/or permit for any and all proposed activities or uses on any real property with outstanding violations of this title, except that such approval and/or permit shall not be withheld where such withholding would adversely affect health, safety or the general public welfare. (1984 Code § 11-1-15D)