A. Criminal Penalty: Any person or entity who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not exceeding three hundred dollars ($300.00), imprisonment in the county jail for a period not exceeding six (6) months, or both such fine and imprisonment. Each day during which a violation takes place or is allowed to continue shall constitute a separate violation of this chapter.
B. Civil Remedies: In addition to any remedy available to the city, the city may maintain an action for an injunction and/or damages pursuant to Idaho law for any violation of this chapter. If the city is determined to be the prevailing party in any such action, the city shall be entitled to recover from the other party or parties all attorney fees incurred in connection with such action.
C. Removal Of Encroachment: In addition to any remedy available to the city, the city may remove any encroachment with or without notice to the person or entity responsible for encroachment, and may seek damages for the reimbursement of costs of the removal of the encroachment.
D. Requirement Of Encroachment Permit For Previously Installed Encroachment: In the event a person or entity violates the provisions of this chapter by failing to obtain an encroachment permit, the city may, in addition to any other remedy available to the city, require the person or entity to file an application for an encroachment permit. In the event the city denies the encroachment permit application for such an encroachment, the city may then pursue any of its other remedies described in this section. In the event an encroachment will require an inspection after an approval of an encroachment permit, the inspection fee shall be paid as required by subsection 12.16.070C of this chapter. But if an encroachment will not require an inspection after an approval of an encroachment permit, the inspection fee established by subsection 12.16.070C of this chapter is not required to be paid. (Ord. 878 § 11, 2004; Ord. 566 § 8, 1990)