4.      ENFORCEMENT

4.1. Violations and Penalties:

4.1.1.      Infractions: A civil public offense not constituting a crime, for which a penalty not to exceed $100 per occurrence may be imposed. As annotated in this ordinance, infraction violations include:

4.1.1.1. Failure to comply with standards for specific use (Section 10.7).

4.1.1.2. Failure to obtain a residential placement permit (Section 6.4.4).

4.1.1.3. Failure to file simple subdivision or Final Plat (Section 11.8.1., 11.8.2.).

4.1.1.4. Failure to comply with a conditional use permit (Section 7.5).

4.1.1.5. Failure to comply with a special event permit (Section 8.9).

4.1.1.6. Failure to comply with a temporary use permit (Section 9.5).

4.1.1.7.Failure to comply with building requirements of the flood plain overlay (Section 16.1.5).

4.1.1.8.Failure to file Parcel Division (Section 20.9.).

4.1.2.      Separate Violation may Exist: A separate violation may be deemed to occur each week an adjudicated infraction continues to exist without abatement, beginning on the date of adjudication, as established at Section 4.7, below.  In the case of illegal structure placement, where no simple remedy to move the structure exists, and there is no unreasonable risk to public safety, a judge may impose a fine up to $1,000. Once the infraction is paid by the homeowner, this will preclude Boundary County from taking further action unless the structure is subsequently modified without an approved variance.

4.1.3.      Misdemeanors: A crime punishable by a fine not to exceed $1,000 per occurrence. As annotated in this ordinance, misdemeanor violations include:

4.1.3.1. Failure to comply with structure placement requirements of the flood plain overlay (Section 16.1.5).

4.1.3.2. Failure to comply with airport overlay, Section (Section 16.2.2).

4.1.3.3. Failure to obtain or comply with a commercial/industrial placement permit (Section 6.5.4).

4.1.3.4. Failure to obtain a conditional use permit, or the third violation of the same condition of the permit (Section 7.5).

4.1.3.5. Failure to obtain a special event permit, or the third violation of the same condition of the permit (Section 8.8).

4.1.3.6. Failure to obtain a temporary use permit, or the third violation of the same condition of the permit (Section 9.5).

4.1.3.7. Establishing a prohibited use.

4.1.3.8. Failure to plat (Section 11.8.2).

4.1.3.9. False representation (Section 11.8.3).

4.1.4.       Separate Violation may Exist: A separate violation may be deemed to occur each week an adjudicated misdemeanor continues to exist without abatement, beginning on the date of adjudication.  In the case of illegal structure placement, where no simple remedy to move the structure exists, and there is no unreasonable risk to public safety, a judge may impose a fine up to $5,000. Once the infraction is paid by the homeowner, this will preclude Boundary County from taking further action unless the structure is subsequently modified without an approved variance.

4.2. Injunctive Action: Except as limited by the violations and penalties established above, Boundary County may take whatever legal action deemed necessary and appropriate to restrain, enjoin or estop any violation of this ordinance in accordance with the laws of the State of Idaho.

4.3. Voluntary Compliance Encouraged: It is the policy of Boundary County to encourage and promote voluntary compliance with the provisions of this ordinance and to promote education and awareness rather than the immediate imposition of legal enforcement action. Except where there is a threat to the general welfare, as determined by the board of county commissioners, the prosecutor or the sheriff, the administrator will attempt to bring about voluntary compliance prior to initiating legal enforcement as established below.

4.4. Reporting Violations: If any person has complaint or cause to believe that a violation of this ordinance has occurred or is about to occur, that person should notify the administrator, providing the nature of the complaint and information sufficient to accurately identify the lot or parcel upon which the violation is alleged. A citizen may also make complaint directly to the sheriff or the prosecutor, and nothing in this section will preclude their taking action as deemed appropriate to the allegation, which may include referring the complaint to the administrator. If enforcement action is undertaken by the sheriff or the prosecutor, the following provisions of this section do not apply.

4.5. Notice of Complaint: Upon receipt of a complaint or alleged violation, the administrator will interpret the provisions of this ordinance as regard the specifics of the complaint to determine if probable cause exists to warrant further action, with record maintained. If there is reasonable cause to believe that a violation may exist or is being established, the administrator will send the owner of record of the parcel on which the violation is alleged a notice of complaint, by first class mail, notifying them of the potential violation, potential penalties which may be imposed, and corrective action which may be taken to bring about compliance. The administrator will request that the property owner contact the office within ten business days to either defend against the allegation or to make arrangements to abate the violation.

4.6. Corrective Action for types of complaints:

4.6.1.      Failure to obtain a permit or variance: Property owner makes application for a permit or variance, and the administrator shall take no further action until the application process is completed.

4.6.2.      Failure to comply with standards for specific use or the conditions of a permit: The property owner corrects the situation within 30 days or makes arrangements for a reasonable time to bring the property into compliance.

4.6.3.      Illegal structure placement corrective actions

4.6.3.1. Move the structure

4.6.3.2. Property owner makes application for a permit or variance, and the administrator shall take no further action until application process is completed.

4.6.4.      Failure to plat:  Property owner may plat with subdivision process or consolidate divided parcels.

4.6.5.      False representation:  There is no corrective action.  If the property owner or sales representative cannot dispute the complaint, then a notice of violation will be sent, and the matter forwarded to the sheriff.

4.6.6.      Establishing a prohibited use: The property owner ceases the use within 30 days or makes arrangements for a reasonable time to bring the property into compliance.

4.7. Notice of Violation: If the administrator has probable cause to believe that a violation has been committed, or in the event the property owner fails to respond to a notice of complaint or admits to a violation and fails to take corrective action or abide by arrangements to abate the offense, the administrator will send the property owner, by certified mail, with return receipt requested, a notice of violation, which will contain in addition to the information required in a notice of complaint the specific provisions of this ordinance alleged to have been violated and notice that failure to respond will, within ten business days of mailing, result in the complaint being turned over to the sheriff for further enforcement action. If the administrator has probable cause to believe that the violation may be detrimental to the public welfare or constitute a public nuisance, county commissioners will be notified of the complaint prior to the mailing of a notice of violation and county commissioners may direct that the sheriff assume responsibility for enforcement.