The following are available to enforce compliance with the provisions of this chapter. Nothing herein shall prevent the council of the city of Kendrick or any other public official or private citizen from taking such other lawful action as is necessary to prevent or correct any violation of this chapter or of the Idaho Code.
A. Injunction: The city may obtain from a district court having jurisdiction, an injunction enjoining the construction or installation of buildings or structures on any building site upon affidavit of the city that such building or structure does not conform to the requirements of this chapter. The affidavit must set forth such violations in detail. The injunction may be made permanent, at the discretion of the court.
B. Criminal Action: Any person who wilfully violates or fails to comply with any provisions of this chapter or any provisions of the codes enumerated in this chapter, or who, having obtained a permit hereunder, shall wilfully fail to continue to comply with the conditions as set forth herein, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than three hundred dollars ($300.00), or imprisoned for not more than ninety (90) days, or by both fine and imprisonment. A separate violation is deemed to have occurred with respect to each building or structure not in compliance with this chapter. Further, each day such violation continues constitutes a separate offense.
C. Civil Action: Notwithstanding any other remedies available, any person in an individual capacity, damaged as a result of a violation of this chapter or the codes enumerated herein or promulgated pursuant to this chapter, has a cause of action in any court of competent jurisdiction against the person who committed the violation, and if such damaged person prevails, he shall be entitled to reasonable attorney fees to be determined by the court, together with court costs.
D. Notice Of Noncompliant Building Or Structure:
1. Definition Of Noncompliant Building Or Structure: Any building or structure that does not comply with the provisions of the codes as adopted in this chapter.
2. Commencement Of Proceedings: When the building official has inspected or caused to be inspected any building or structure and has found that such building or structure is noncompliant, or the building official is unable to verify compliance because the required inspections have not been requested and performed, the building official shall commence proceedings to cause the repair or inspection of the building or structure.
3. Notice And Order, Appeal Process: The building official shall issue a notice and order directed to the record owner of the building or structure. The notice and order shall contain:
a. The street address, if issued, and a legal description or assessor's parcel number sufficient for identification of the premises upon which the building or structure is located.
b. A statement that the building official has found the building or structure to be noncompliant with a brief and concise description of the conditions found to render the building or structure noncompliant under the applicable provisions of the applicable code.
c. A statement of the action required to be taken as determined by the building official.
(1) When the building official has determined that the building or structure must be repaired or inspected to comply with adopted codes, the order shall require that all required permits be secured if a permit is no longer valid and the work or inspection physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under the circumstances.
(2) A statement advising that if any required repair work or inspection is not completed within the time specified, the building official will file a certificate of a noncompliant building or structure in the office of the county recorder.
(3) Statements advising: a) that any person having any record title or legal interest in the building or structure may appeal from the notice and order or any action of the building official to the board of appeals, in accordance with section 112 of the international building code, and section R112 of the international residential code; and b) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
E. Service Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner. One copy thereof shall be served on each of the following, if known to the building official or disclosed from official public records: 1) the holder of any mortgage or deed of trust or other lien or encumbrance of record; 2) the owner or holder of any lease or record; and 3) the holder of any other estate or legal interest of record in or to the building or structure or land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
F. Method Of Service: Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
G. Proof Of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration or any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.
H. Recordation Of Noncompliance: If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file, in the office of the county recorder a certificate describing the property and certifying: 1) the building or structure is noncompliant, and 2) the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer noncompliant, whichever is appropriate.
I. Referral For Further Action: The building official shall notify the office of the city attorney of completion of this proceeding and refer the matter to the city attorney office for a determination of any further action. (Ord. 744, 6-17-2013, eff. 6-17-2013)