A. Any person who violates any provisions of this chapter, or the codes adopted herein, shall be guilty of a misdemeanor punishable as provided in Idaho Code section 39-4126. Each structure that is in violation of any provision of this chapter, and each day of an ongoing offense, will be considered a separate violation.
B. Stop Work Order: Whenever any terrain modification, construction or other site work is not in compliance with any provision of this chapter, adopted codes, conditions of approval, or related laws, regulations or requirements, including, without limitation, the Shoshone County Site Disturbance Ordinance, title 9, chapter 18 of this code, the Building Official may order the work stopped by written notice. Such notice shall be served on any persons engaged in doing or causing such work to be done, and persons shall stop such work until authorized by the Building Official to proceed. A Stop Work Order may be appealed within thirty (30) days of issuance according to the procedure outlined in section 7-1-13 of this chapter.
C. The Building Official may seek equitable relief from a court of competent jurisdiction, to restrain conduct in violation of this chapter, or to compel performance of duties established under this chapter. Said equitable remedies may be pursued in addition to criminal penalties.
D. Withholding Of Permits: The Building Official may withhold permits, including building permits and certificates of occupancy, on lots or parcels of land where a violation of any provision of this code then exists. The Building Official may also suspend issuance of permits, including building permits and certificates of occupancy, to applicants who have demonstrated a record of unresolved noncompliance with the provisions of this code.
If a permit is withheld, the Building Official shall set forth the nature of noncompliance in writing. The applicant may submit a written response to the compliance issues raised by the Building Official. Upon consideration of the response and the full record of performance, the Building Official shall issue a final ruling in the case, which may include a list of conditions which must be met before any additional permits may be issued. A decision of the Building Official may be appealed within thirty (30) days of issuance according to the procedure outlined in section 7-1-13 of this chapter.
E. 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, his or her agents, and Shoshone County harmless and to defend against any claims arising through operation of the compliance agreement. The responsible party shall provide evidence of general liability coverage for personal injury and property damage for the premises subject to the compliance agreement, with Shoshone County named as an additional insured.
4. The responsible party shall pay any costs and/or attorney fees incurred to enforce a compliance agreement.
F. 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 under this chapter, or if the Building Official determines that an applicant has failed to comply with any provision of this chapter, the codes adopted herein, or any other provision of this code, the Building Official may issue a Notice of Building Ordinance Violation, subject to the following provisions.
The Building Official shall prepare and mail, via certified mail, a Notice of Building Ordinance Violation. The notification shall include:
1. The property owner and the legal description of the parcel.
2. The nature of the violation.
3. The remedial action that must be undertaken to resolve the violation.
4. The length of time allotted to resolve the violation.
5. Information regarding the process for appeal.
The property owner shall have forty five (45) days from the date the Notice was mailed to resolve the violation. If resolution does not occur within the forty-five (45) day time period, the Notice of Building Ordinance Violation shall be filed in the County Recorder's Office. A copy of the recorded notice shall mailed to the property owner via certified mail.
A Notice of Building Ordinance Violation may be appealed within thirty (30) days of issuance according to the procedure outlined in section 7-1-13 of this chapter.
If the Board of Building Code Appeals recommends that the violation be affirmed, they may recommend a number of days for the property owner to comply with the applicable provisions of this chapter before the Notice of Building Ordinance Violation would be recorded. If the Board of Building Code Appeals recommends that the violation be reversed, they may recommend actions to be taken by the Building Official to release the violation. Board of Building Code Appeals may also recommend the addition or removal of conditions of remedial action.
If the Board affirms the violation on appeal, the decision of the Board shall specify an exact number of days for the property owner to comply with the applicable provisions of this chapter before the Notice of Building Ordinance Violation is recorded. If the Board reverses the violation on appeal, the decision of the Board shall specify the actions to be taken by the Building Official to release the violation. The Board may also elect to add or remove conditions of remedial action.
At such time 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.
G. Effect Of Section: The provisions of this section shall be construed to supersede any conflicting administrative provisions contained in any code adopted by this chapter, including, without limitation, any provisions regarding appeal boards. (Ord. 163, 5-18-2021)