A. Noncompliance: The City shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the applicable provisions of this Code. Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the City may issue a Notice of Violation and order any work stopped by written notice. Such Notice of Violation or Stop Work Order may be served on any persons engaged in doing or causing such work to be done, and upon such service, persons shall forthwith stop such work until authorized by the City to proceed. If no persons are present, the Stop Work Order shall be posted in a conspicuous location at the site.
B. Notice of Violation: A copy of the Notice of Violation shall be mailed to the property owner of record and any known holder of any legal interest in the property, if applicable. The notification shall include:
1. The property owner and the legal description of the parcel, as well as the street address, if any;
2. A detailed description of the nature of the violation;
3. A description of remedial actions that could be undertaken to resolve the violation; and
4. The length of time allotted to resolve the violation.
The property owner shall have 45 days from the date the Notice of Violation was mailed to resolve the violation. If resolution does not occur within those 45 days, the Notice of Violation may be recorded in the Office of the County Recorder, with a copy mailed to the owner.
C. Appeals: The Notice of Violation shall also advise the owner of the process for appeals of Notices of Violation and Stop Work Orders. An owner or a holder of any legal interest in the property may appeal a Notice of Violation or Stop Work Order pursuant to section 1-1-5 of this Code. The appeal shall be heard in accordance with subsection 1-1-5(B) of this Code. If the appeal is denied (i.e., the action is affirmed), the City Council shall specify an exact number of days to gain compliance with this title before the Notice of Violation is recorded, and may add or remove conditions of remedial action. If the appeal is approved (i.e., the action is reversed), the City Council shall specify actions to be taken to release the violation.
D. Fees: Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule unless the enforcement action was reversed by the City Council or a court of competent jurisdiction. Upon payment of such fees or a determination that payment of fees is not necessary, the City shall cause a Release of Notice of Violation to be recorded in the Office of the County Recorder. The release shall contain all of the information contained in the Notice of Violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner.
E. Complaints: Any affected person may file a written complaint alleging that a violation of this Code has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Clerk. The City shall investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this chapter.
F. Penalties: Penalties for failure to comply with or violations of the provisions of Title 9 (Building Regulations), 10 (Land Use & Development), 11 (Zoning Regulations), or 12 (Subdivision Regulations) of this Code shall be as follows:
1. A first violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements shall constitute an infraction punishable as set forth in subsection 1-3-1 (B) of this Code.
2. A second or subsequent conviction for violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements within 12 months of the first violation shall constitute a misdemeanor punishable as set forth in subsection 1-3-1(C) of this Code, with a maximum fine of $1000.00 and 180 days in jail.
3. Each day on which a violation continues shall be considered a separate violation for purposes of both civil and criminal action. The landowner, tenant, sub divider, builder, or any other person(s) 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 title 9, 10 or 11 of this Code, or of Idaho Code.
G. The City Attorney or other attorney who represents the City may also take civil action in District Court to prevent, restrain, correct, or abate any action taken, or which may be taken, in violation of title 9, 10, 11, or 12 of this Code, to vacate any subdivision or condominium plat recorded in violation of title 12 of this Code, or to otherwise enforce the provisions of this Code. In addition to other actions that may be ordered by the court, if the City prevails, the violator shall pay to the City all fees associated with the violation then due and owing. The City may also seek the imposition of a civil penalty in an amount not to exceed $1,000.00 per violation per day, with a total maximum civil penalty of $10,000.00.
H. In cases where multiple individuals, firms, corporations or agents participated in violating Title 9, 10 or 11 of this Code, they may be held jointly and severally liable for any remedies, penalties or payments.
I. The City may withhold issuance of permits for subdivisions, lots, or parcels of land that are in violation of any provision of Title 9, 10, 11, or 12 of this Code. Withholding of permits may be appealed in accordance with section 1-1-5 of this Code. Applications for approvals authorized by this title will not be scheduled for hearing until all violations of this Code are corrected, except when the purpose of the approval is to correct the violations of this Code then existing. These requirements may be appealed in accordance with section 1-1-5 of this Code. (Ord. 619, 4-13-2021)