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A. General: Code enforcement procedures shall be flexible in order to assure that every person that may be in violation of City codes receives appropriate notice of the violation and an appropriate time in which to come into compliance. However, it is the intention of the City Council that continuing violations be prosecuted to the full extent of the law. Section 1-4-1 of this title provides that any violation of any law of the City is an infraction and is subject to the fine set out in section 1-4-1 of this title, and that each day is considered a separate offense. Compliance with City ordinances may also be secured through civil lawsuits seeking injunctions, damages and other remedies. To the extent possible, it is the intention of the City Council to secure compliance by its citizens through education and voluntary compliance. Whenever, in the determination of the Code Enforcement Officer, a person has received notice of a violation of the laws of the City and fails to bring such activity into compliance, then the Code Enforcement Officer shall formally begin compliance procedures to prosecute the continuing violation. Such procedures shall include, but not be limited to, the following: (Res. 55, 10-2-2001; amd. Ord. 290, 2-19-2019)
1. The Code Enforcement Officer shall begin a formal compliance period by delivering to the violator and/or occupant a written notice identifying the violation, the relevant City law, regulation and/or code section and the penalty provision. The notice shall also specify the appeal process as provided herein. When a violation includes any structure under construction or a violation of any of the provisions of this Code that does not fall under the International Building Code and which shall place public safety or water quality in jeopardy, the Code Enforcement Officer is additionally authorized to stop all construction activities on the structure or activity and post the premises that all construction or other activity shall stop until the violation is remedied to the satisfaction of the Code Enforcement Officer as evidenced in writing filed with the City Clerk's Office. (Res. 74, 11-1-2005)
2. The notice may be served by personal service on the person in control of the premises and/or by registered mail mailed to the record owner of the property at the address shown in the records of the Kootenai County Recorder and to the resident (if different from the owner) at the address of record with the City Clerk. The notice shall state that the property owner and resident have no more than thirty (30) days to bring the violation into compliance. Notice shall be deemed delivered five (5) days after such notice is mailed. Notice of the violation shall also be posted on the property.
3. At the end of thirty (30) days, if the violation continues, another written notice will be sent as set forth above stating that the City Attorney is authorized to bring criminal charges and/or civil remedies against the violating party.
4. In addition to bringing charges and/or pursuing civil remedies to abate the violation, the Code Enforcement Officer may take action to remove the violation as appropriate. The cost of the work shall be transmitted to the City Council, who shall use the same to be paid and levy a special assessment against the property to the extent permitted by the laws of the State and may be collected in any manner permitted or hereafter permitted by law. (Res. 55, 10-2-2001)
B. Temporary Real Estate Signs: In addition to the procedures set forth in subsection A of this section, when the Code Enforcement Officer finds any "temporary real estate sign" (as defined in section 8-4-3 of this Code) on property and the sign violates the provisions of this Code, the Code Enforcement Officer may, at his discretion, take the following actions to bring the property into compliance:
1. The Code Enforcement Officer or other City agent shall begin the compliance process by delivering to a resident of the property at least eighteen (18) years of age, the advertising agency listed on the sign or to the record owner of the property a written notice stating that the sign is in violation, that the sign will be removed if the violation persists and that the sign will be destroyed within thirty (30) days from the date the sign is removed and not reclaimed from the City. The notice shall also cite the relevant law, regulation and/or code section, the penalty provisions thereof, and shall also specify the appeal process as provided herein.
2. The notice shall be delivered by personal service on a resident of the property at least eighteen (18) years of age, or by regular mail addressed to the advertising agency listed on the sign or the record owner of the property. The notice shall also state that the property owner, advertising agency or resident have no more than five (5) days from receipt of the notice to remove the sign or bring the sign into compliance. Notice shall be deemed delivered on the same day it is personally served and two (2) days after such notice is mailed.
3. At the end of five (5) days, if the violation persists, the Code Enforcement Officer or other City agent may enter onto the property and remove the sign. The Code Enforcement Officer shall store the sign in a safe place until the sign is reclaimed from the City or destroyed. If the sign is not reclaimed from the City within thirty (30) days from the date that the sign is removed, it shall be destroyed.
4. In addition to the process set forth herein, if the violation reoccurs on the same property on more than three (3) separate occasions in any six (6) month period, notice will be sent as set forth above stating that the City Attorney is authorized to bring criminal charges and/or seek civil remedies against the violating parties, including the property owner, resident and/or any of the advertising agencies that have placed or have been responsible for placing the signs upon the property. (Ord. 242, 11-16-2010)