A. Violation: Pursuant to Idaho Code section 39-4126, any person who violates any provisions of this chapter, or the codes adopted by this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined double the building permit fee, or imprisoned for not more than ninety (90) days, or both. Each structure that is in violation of this chapter, and each day of an ongoing offense, will be considered a separate violation.
B. Stop Work Order: Whenever any terrain modification, construction or other site work is not in compliance with this chapter, adopted codes, conditions of approval, or related laws, regulations or requirements, the building official may order the work stopped by written notice.
Such notice shall be served on any persons engaged in doing or causing such work to be done, and persons shall stop such work until authorized by the building official to proceed. Stop work orders may be appealed according to the procedure outlined in section 15.04.060 of this chapter.
C. Remedies: The building official may seek equitable relief from a court of competent jurisdiction, to restrain conduct in violation of this chapter, or to compel performance of duties established by this chapter. Said equitable remedies may be pursued in addition to criminal penalties.
D. Withholding Of Permits: The building official may withhold permits, including building permits, on lots or parcels of land with violations of city ordinances. The building official may also suspend issuance of permits, including building permits, to applicants who have demonstrated a record of unresolved noncompliance with city ordinances.
If a permit is withheld, the building official shall set forth the nature of noncompliance in writing. The applicant may submit a written response to the compliance issues raised by the building official. Upon consideration of the response and the full record of performance, the building official shall issue a final ruling in the case, which may include a list of conditions which must be met before any additional permits may be issued. The decision of the building official may be appealed to the city council in accordance with section 15.04.060 of this chapter. Such appeals must be filed within twenty eight (28) days of the date of the building official's final decision.
E. Compliance Agreements: The building official may enter into compliance agreements on a case by case basis, subject to the following provisions or conditions:
1. The building official finds that the violations that are the subject of the compliance agreement do not pose an imminent threat to people or property.
2. The party responsible for compliance agrees to remedy the violation(s) in an expeditious manner by a certain date.
3. The party responsible for compliance agrees to hold the building official and the city of Kamiah harmless and to defend against any claims arising through operation of the compliance agreement. The responsible party shall provide evidence of general liability coverage for personal injury and property damage for the premises subject to the compliance agreement, with the city of Kamiah named as an additional insured.
4. The responsible party shall pay any costs and/or attorney fees incurred to enforce a compliance agreement.
F. Notice Of Building Ordinance Violation: If a permit expires prior to the final inspection, or if the applicant fails to obtain a certificate of occupancy or certificate of completion as required by this chapter, or if the building official determines that an applicant has failed to comply with the provisions of this chapter, the codes adopted by this chapter, or other city ordinances, the building official may issue a notice of building ordinance violation, subject to the following provisions:
1. The building official shall prepare and mail, via certified mail, a notice of building ordinance violation. The notification shall include:
a. The property owner and the legal description of the parcel.
b. The nature of the violation.
c. The remedial action that must be undertaken to resolve the violation.
d. The length of time allotted to resolve the violation.
2. The property owner shall have forty five (45) days from the date the notice is mailed to resolve the violation. If resolution does not occur within those forty five (45) days, the notice of building ordinance violation shall be filed in the county recorder's office and a copy mailed to the owner, via certified mail.
3. The notice of building ordinance violation shall also advise the owner of the appeal process. The city may consider a written appeal, submitted by the property owner, and received no later than thirty (30) days after the notice of building violation was mailed. The appeal shall be heard by the city of Kamiah council on a date specified by city council. If the appeal is denied, the board shall specify an exact number of days to gain compliance with the ordinance before the notice of building violation is recorded. If the appeal is approved, the city will specify actions to be taken by the building official to release the violation. The city may elect to add or remove conditions of remedial action.
4. At such time the building ordinance violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule and the building official shall file in the office of the recorder a release of notice of building ordinance violation. The release shall contain all of the information contained in the notice of building ordinance violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner, via certified mail. (Ord. 2015-1, 2015: Ord. 2010-5 §13, 2010)