A. Prohibited: No person shall erect, construct, enlarge, alter, repair, improve, remove, convert or demolish any building or structure, nor do any other thing, within the city of Plummer, in violation of the codes adopted herein.
B. Use And Occupancy:
1. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy or certificate of completion therefor as provided herein. Issuance of a certificate of occupancy or certificate of completion shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction.
2. Prior to issuance of a certificate of occupancy or certificate of completion, the applicant shall provide final approval from all agencies with jurisdiction, including, but not limited to, the highway district, Idaho department of transportation, fire district, the Benewah County assessor's appraisal division, Idaho department of lands, Idaho department of water resources, U.S. army corps of engineers, Idaho state electrical inspector and the Idaho state plumbing inspector.
3. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the city of Plummer building and planning department, the building official shall issue a certificate of occupancy for a structure which is intended for human occupancy or a certificate of completion for a structure which is not intended for human occupancy.
C. Correction Of Existing Violations: Applications for permits authorized by this chapter may not be accepted until all violations of city ordinances are corrected. Under certain circumstances where compliance would require the granting of permits to cure existing violations, this requirement may be waived.
D. 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 sixty (60) days from the date the notice is mailed to resolve the violation. If resolution does not occur within those sixty (60) 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, return receipt.
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 Plummer council on a date specified by city council. If the appeal is denied, the council 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. If and when 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 county 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, return receipt.
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 Plummer harmless and to defend against any claims arising through operation of the compliance agreement. The responsible party shall provide evidence of general liability insurance coverage for personal injury and property damage for the premises subject to the compliance agreement, with the city of Plummer named as an additional insured. The compliance agreement shall immediately terminate upon the cancellation, lapse or other termination of the insurance specified herein.
4. The responsible party shall pay any costs and/or attorney fees incurred to enforce a compliance agreement. (Ord. 430, 12-11-2014)