A. Failure To Obtain Permit: Whenever the Administrator becomes aware of an activity for which a permit is required by this title, but for which a permit has not been approved, he/she shall notify the occupant (and owner, if they are not the same) of the site to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If activity does not cease immediately, the Administrator shall ask the County Attorney to take prompt action, as authorized by Idaho Code section 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this title.
B. Certificate Of Completion/Occupancy: A certificate of completion/occupancy shall be issued before any building or use is occupied. A certificate of completion/occupancy indicates that an onsite inspection has shown that the building or use complies with this title, including any conditions imposed upon its approval. Occupancy of a building or use without a certificate of completion/occupancy shall be a violation of this title. The issuance of a certificate of completion/occupancy shall not be construed as approval of any violation of this title that may have been undiscovered during the inspection.
C. Temporary Certificate Of Completion/Occupancy: A temporary certificate of completion/occupancy may be issued to permit temporary use of a building in cases where weather prevents prompt completion of such required improvements as landscaping. No temporary certificate of completion/occupancy shall be valid for more than one hundred eighty (180) days.
D. Enforcement Procedure: The procedure for enforcement of this title shall be as described herein.
1. The Administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the sections of this title being violated, and order the occupant/owner to attain compliance within thirty (30) days.
2. Any person who receives a notice of violation may request inspection by the Administrator to show that compliance has been attained within the thirty (30) days allowed; or:
a. File a written request with the Administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of sixty (60) days and culminated by an inspection to show that compliance has been attained; or
b. File an appeal of the Administrator's notice, following the procedure of subsection 10-2-3A of this chapter. All enforcement actions shall be stayed while the appeal is being heard.
3. If any person notified of a violation in accordance with subsection D1 of this section fails to attain compliance within the time allowed, or is found to be in violation at an appeals hearing, the Administrator shall ask the County Attorney to take immediate action to end the violation.
4. The County Attorney shall take effective action, civil or criminal, to promptly end the violation.
E. Penalty: Violations of this title shall be a misdemeanor, and shall be punishable by a fine in any amount not exceeding three hundred dollars ($300.00) or by imprisonment for a period of no longer than thirty (30) days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense. (Ord. 2019-01, 1-14-2019)