Full Text
§ 11-1 TITLE 4 - ZONING CODE § 11-3 Chapter 11 ADMINISTRATION AND ENFORCEMENT Sec. 11-1: Zoning Administrator Responsibilities Sec. 11-2: Zoning Certificates Sec. 11-3: Interpretation Sec. 11-4: Provisions of Title Declared to be Minimum Requirements Sec. 11-5: Complaints Regarding Violations Sec. 11-6: Penalties for Violations Sec. 11-1. Zoning Administrator Responsibilities. A. A Zoning Administrator shall administer and enforce this Zoning Code. The Zoning Administrator is authorized to use any and all lawful means available to fairly administer and enforce this Zoning Code. The Zoning Administrator may be provided with the assistance of such other persons as is necessary to administer and enforce this Zoning Code. B. If the Zoning Administrator shall find that any of the provisions of this Zoning Code are being violated, the Zoning Administrator or designee shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator or designee shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal additions, alterations, or structural changes; discontinuance of illegal work being done; or shall take other action authorized by this Zoning Code to insure compliance with or to prevent violation of its provisions. Sec. 11-2. Zoning Certificates. A. Zoning Certificates Required: 1. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter located, erected, constructed, reconstructed, enlarged, or changed in its use or structure until a zoning certificate has been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this Zoning Code. 2. A temporary Zoning Certificate may be issued by the Zoning Administrator for a period not to exceed one year during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. B. Expiration of Zoning Certificates: 1. If the work described in any zoning certificate has not begun within one year from the date of issuance thereof, said permit shall automatically expire. 2. If the work described in any zoning certificate requires a building permit, and the building permit expires, then the zoning certificate shall automatically expire. If the work described in any zoning certificate that does not require a building permit has not been substantially completed within two years of the date of issuance thereof, said certificate shall automatically expire. Six month extensions may be granted by the Board of Adjustment at its discretion. (Ord. 97-33, 11/3/97) Sec. 11-3. Interpretation. A. It is not the intention of this Zoning Code to interfere with any more strict requirements which may be imposed by a covenant, deed restriction, City, County, State or Federal Health Officer, that has jurisdiction in the City. B. Where this Zoning Code imposes a greater restriction upon the use of buildings, the provisions of this Zoning Code shall govern. ---PAGE BREAK--- § 11-3 TITLE 4 - ZONING CODE § 11-6 C. None of the provisions of this Zoning Code is intended to provide the basis for a claim or create a cause of action against the City, or its officials or employees, for the performance or failure to perform any duty or obligation running to a specific individual. Any duty or obligation created by this Zoning Code is intended to be a general duty or obligation running in favor of the general public. D. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, as set forth in Code Section 4-8-2. (Ord. 2018-07, 05/21/2018) Sec. 11-4. Provisions of Title Declared to be Minimum Requirements. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of this Zoning Code are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern. Sec. 11-5. Complaints Regarding Violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator, who shall record properly such complaint, immediately investigate, and take action thereon as provided by this Zoning Code. (Ord. 2018-07, 05/21/2018) Sec. 11-6. Penalties for Violations. A. Any person or corporation, whether owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this Zoning Code, or permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves or uses any building or uses any land in violation of any detailed statement or plans submitted by him or her and approved under the provisions of this Title, shall be guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction shall be punished pursuant to this Code and the Idaho Code. Each seven consecutive days’ continued violation shall constitute a separate additional violation of this Code. B. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Zoning Code, the proper legal authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent any illegal act, conduct, business or use in or about such building, structure or land; and upon the failure or refusal of the proper local officer, board or body of the City to institute any such appropriate action or proceeding, any person aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the City is authorized to do. (Ord. 98-16, 4/20/98; 2018-07, 05/21/2018)