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A. It shall be the duty of the City Code Enforcement Officer employed by the City to issue notices of violations of the Lava Hot Springs Business and Special Event Regulation Code, or in the discretion of the City Code Enforcement Officer to issue a Uniform Citation for an infraction, or to take such other actions which may necessary to utilize all lawful remedies which may be available to prevent or stop the violation, or in the discretion of the City Code Enforcement Officer to issue a cease and desist order.
B. Any person who violates any provision of this Lava Hot Springs Business and Special Event Regulation Code and has been issued a violation notice by the City Code Enforcement Officer employed by the City may avoid being prosecuted in the Magistrate Division of the Sixth Judicial District of the State of Idaho in and for the County of Bannock for the violation alleged in such notice by electing to pay to the City Clerk of the City of Lava Hot Springs, as a penalty for such violation, the fee established and set forth for such violation by resolution adopted by the City Council. If the alleged violator fails to respond to the violation notice within thirty (30) days or refuses to pay the violation fee, a uniform citation for an infraction may be issued for failure to appear or pay the violation fee, or the unpaid fee for the violation may be sent to a professional collection bureau for collection, at the discretion of the Mayor, or in the absence of the Mayor at the discretion of the President of the City Council.
C. Separate Offense: Each day a violation continues shall be considered a separate offense, punishable as provided in subsection B of this section.
D. Civil Enforcement: Appropriate actions and proceedings may be commenced in the Sixth Judicial District of the State of Idaho in and for the County of Bannock to prevent any violation of the provisions of the Lava Hot Springs Business and Special Event Regulation Code to restrain and enjoin a violation, to recover damages, to correct or abate a violation and to protect the public health, safety and welfare of the residents of and visitors to the City and/or to prevent unreasonable impacts on existing residential homes or businesses within the City. (Ord. 2020-3, 8-13-2020)