Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall fully state the causes and basis of the same and shall be filed with the administrator. The administrator shall properly record such complaint, immediately investigate the same and take such action, or cause the same to be taken thereon as provided by this title. The city attorney of the city of Kimberly shall, in addition to taking whatever criminal action is deemed necessary, take steps to civilly enjoin any violation of this title.
Any violation of the provisions of this title or a failure to comply with any of its requirements excluding section 17.07.100 of this title shall constitute a misdemeanor. Each day such violation continues beyond notice shall be considered a separate offense. The landowner, tenant, developer, builder, public official or any other person who commits, participates in, assists in or maintains such continuing violation may be found guilty of a separate offense for each day the violation continues as aforesaid. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or the Idaho Code.
Provided, however, that where property has been made nonconforming or where an existing nonconforming use has been increased by the exercise of eminent domain, it shall not be a violation and no penalty, either civil or criminal, shall result. Persons desiring to change or modify the use of said nonconforming properties in a manner which would, but for the exercise of eminent domain, be permitted outright, may apply for a special use permit, which permit may be granted with due consideration given to the health, safety and welfare of the citizens of the city.
Any person convicted of violating any of the provisions of this title excluding section 17.07.100 of this title shall be punishable by imprisonment of a term not to exceed ninety (90) days, a fine not to exceed three hundred dollars ($300.00) or by both such fine and imprisonment, or as the court shall deem necessary in the interest of justice. (Ord. 636, 2016)