A. A violation of any provision of this title is hereby declared to be a misdemeanor and is punishable as provided in chapter 1-4 of this Code. Every day a property or person is found in violation of this title is considered a separate punishable offense. The following are available to enforce compliance with the provisions of this chapter. Nothing herein shall prevent the Board of County Commissioners 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 Idaho Code.
1. Injunction: The County may obtain from a District Court having jurisdiction, an injunction enjoining the use, item, activity, or the like upon affidavit of the County that such use, item, activity or the like 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.
2. Stop Work Order: Upon notice from the Planning Department that a violation is occurring, any continuance of the violation shall immediately cease. Such notice can be in the form of a letter or placed upon any structure or property where the violation is occurring. Any person who shall continue after having been served with a stop work order, except such work as that person is directed to perform by the Planning Department to remove the violation or unsafe condition, shall be liable for penalties as set forth in chapter 1-4 of this Code.
3. Work Commencing Before Permit Issuance: In addition to any penalties assessed under any other section of this code, any work which is started or proceeded prior to obtaining a permit or approval which is required by these rules and/or in Idaho Code, shall be subject to a fee, as set forth in the fee schedule. Such fee shall be in addition to the required permit and/or approval fees. The payment of such fees shall not relieve any persons from fully complying with the requirements of Idaho Code or these rules in the execution of the work, nor from any other penalties as prescribed by law.
4. Civil Action: Notwithstanding any other remedies available, any person 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, they shall be entitled to a reasonable attorney's fees to be determined by the court, together with court costs. Further, each day such violation continues constitutes a separate offense.
5. Withholding Of Other Permits: The Planning Department may withhold permits or application approvals, including but not limited to land divisions, conditional use permits, rezones, subdivisions, building permits and certificates of occupancy, on lots or parcels of land where a violation of any provision of the Building Code or the Latah County Land Use Ordinance exists, unless the permit being requested is to resolve the violation(s). If a permit is withheld, the Planning Department shall refer to the order that details the violations or any letter sent or if an order or letter has not been issued, shall issue an order or letter detailing the violations within thirty (30) days of the withholding.
6. Recordation Of Noncompliance: Notwithstanding any other remedies available, the Planning Department may record with the Latah County Auditor any letter, document, or item that describes the matter of noncompliance on a property. This may be done any time after the issue of noncompliance is discovered.
7. Referral For Further Action: The Planning Department shall notify the County Prosecutor's Office of completion of any of the above and, when the County Prosecutor has not already taken action, refer the matter to the County Prosecutor's Office for further action. The Prosecuting Attorney may enforce this title and the provisions of Title 67, Chapter 65 of the Idaho Code by taking whatever criminal and/or civil action is deemed appropriate. Additionally, this title may be enforced by the filing of a civil suit seeking any lawful remedy. Prior to the Prosecuting Attorney filing a civil action, the Board of Latah County Commissioners shall approve the filing of the civil action.
B. Failure of the Planning Department to follow these procedures shall not limit the remedies available to the Prosecuting Attorney in enforcing this title and shall not be used as a defense in any enforcement proceeding, whether criminal or civil.
C. Any use that is listed as a permitted use in one zone, but is not listed as a permitted use in another zone, is not a permitted use in the latter zone. Any use that is listed as a conditional use in one zone, but is not listed as a conditional use in another zone, is not a conditional use in the latter zone. (Ord. 392, 8-16-2021)