No owner or agent of owner shall construct, use or occupy any building, structure or improvement upon real property in violation of this chapter. The landowner, tenant, subdivider, builder, or any other person who commits, allows, participates in, or maintains such a violation, shall be found guilty of such a violation. The provisions of this chapter shall be enforced in the following manner:
A. Violation A Misdemeanor: A violation of this chapter shall be a misdemeanor in any case where:
1. Any violation of any of the provisions of this chapter exists in any building or in any other structure or on a tract of land; and
2. An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land (or any part thereof) or upon the architect, builder, contractor or any other person who commits or assists in any such violation; and
3. Such persons shall fail to comply with such order within ten (10) days after service thereof.
Each day that a violation continues from the date of its creation or initiation shall constitute a separate criminal offense.
B. Penalty: Any person convicted of a violation of this chapter, without regard to the form of the judgment, shall be subject to fine and/or imprisonment up to, but not exceeding, the maximum penalties set forth in sections 18-113 and 50-302, Idaho Code, as may from time to time be amended and/or retitled. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay costs as the court may assess.
C. Failure To Obey Citation For Misdemeanor:
1. In addition to the aforementioned penalties provided herein, it shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor citation or to fail to appear at the time indicated on a misdemeanor citation served upon the defendant or to fail to appear at the time indicated on a misdemeanor summons served upon the defendant, regardless of the disposition of the underlying charge upon which such citation or summons was originally issued.
2. The duty to appear in court at the time indicated in a misdemeanor citation or summons may be complied with by an appearance by counsel in the manner prescribed by rule of the supreme court.
3. Violation of the provisions of this subsection shall be a misdemeanor.
D. Additional Actions: In addition to the foregoing, appropriate actions and proceedings may be taken at law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises, and these remedies shall be in addition to the penalties described above.
E. Civil Remedy: Nothing herein shall be construed as preventing any private citizen from pursuing any available civil remedy for the prevention of any activity which constitutes a violation of this chapter.
F. Inspection; Remedy: The mayor, the building inspector or their duly authorized representative is hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedy of any condition found to exist therein or any threatened violation of any provision of this chapter; said order may include a requirement that all work on the project cease immediately until the condition has been remedied. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such order. Service of such order shall be deemed complete for all purposes upon posting the notice upon the subject property and mailing of the notice to the permittee at the address shown on the building permit application or by personal service as set forth below. Failure to comply with an order for remedy shall constitute a misdemeanor punishable as provided in section 1.08.010 of this code.
G. Action To Restrain: In addition to any of the foregoing remedies, the city attorney, acting on behalf of the city may file an appropriate action to restrain any violation of this chapter.
H. Responsibility For Damages: This chapter shall not be construed to hold the city of Stanley responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided. (Ord. 196, 9-15-2015)