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3. GENERAL PROVISIONS

3.1. Construction of Language: To the extent possible, words or phrases used in this ordinance that carry specific connotation will be specifically defined in Section 18. That definition will prevail in interpreting meaning and intent. Where words or phrases have connotation specific to a chapter or section, those words will be defined as part of that section or chapter. Where questions arise as to definitions of words not specifically defined herein, standard references shall be Black’s Law Dictionary for legal meaning and the Second College Edition of the American Heritage Dictionary for common usage.

3.2. Provisions Apply Equally: The provisions of this ordinance apply equally to all lands situated within the boundaries of Boundary County, Idaho, as established by the State of Idaho, with the exception of those lands situated within the boundaries of incorporated cities and tribal trust lands of the Kootenai Tribe of Idaho situated within Boundary County, Idaho.

3.3. Uses Shall Comply: From the effective date of this ordinance, all uses of land, subdivision and development established thereon shall conform to the provisions of this ordinance. Uses of land which were lawfully established prior to the effective date of this ordinance and which do not conform to the provisions herein will be subject to the provisions of Section 9, Non-Conformance.

3.4. Affect on Other Laws: No portion of this ordinance shall be construed to condone, allow or encourage any land use that violates any other local, state and/or federal land use law or regulation.

3.5. Public Nuisance: No portion of this ordinance shall be construed to permit or condone the establishment of a public nuisance as defined at IC 18-5901.

3.6. Severability: The provisions of this ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.

3.7. Effective Date: This ordinance shall be in full force and effect upon its passage by the board and following publication in one (1) edition of the Boundary County newspaper of record.

3.8. Violations and Penalties

3.8.1. Infractions: A civil public offense not constituting a crime, for which a penalty not exceeding $100 per occurrence may be imposed and for which there shall be no period of incarceration. The sheriff and/or prosecutor shall investigate and enforce infraction violations.

3.8.1.1. As annotated in this ordinance, violations constituting infractions shall include:

3.8.1.1.1. Failure to comply with airport overlay (7.2.4)

3.8.1.1.2. Failure to comply with standards for commercial/industrial use (8.1.3)

3.8.1.1.3. Failure to obtain site development permit (12.1.8)

3.8.1.1.4. Failure to obtain residential placement permit (12.2.8)

3.8.1.1.5. Failure to obtain home based business permit (12.3.7)

3.8.1.1.6. Failure to file simple subdivision (13.15.1)

3.8.1.2. Separate Violation May Exist: A separate violation may be deemed to occur each day an adjudicated infraction violation continues to exist, beginning on the initial date of notification or date of acknowledgment of receipt of notice, whichever is later.

3.8.1.3. Abatement of Infraction: In the event that an adjudicated infraction violation is not sufficient to bring about compliance with the provisions of this ordinance, the county may take legal action to abate the infraction.

3.8.2. Misdemeanors: A crime punishable by fine not to exceed $1,000 per convicted offense. The sheriff and/or prosecutor shall investigate and enforce misdemeanor violations.

3.8.2.1. As annotated in this ordinance, violations constituting misdemeanors shall include:

3.8.2.1.1. Failure to comply with flood plain overlay (7.1.5)

3.8.2.1.2. Failure to comply with wetland/riparian area overlay (7.4.4)

3.8.2.1.3. Failure to obtain commercial/industrial placement permit (12.4.9)

3.8.2.1.4. Failure to obtain conditional use permit (12.5.3)

3.8.2.1.5. Failure to obtain special use permit (12.6.3)

3.8.2.1.6. Failure to obtain special events/temporary use permit (12.7.4)

3.8.2.1.7. Failure to plat (13.15.2)

3.8.2.1.8. False representation (13.15.3)

3.8.2.2. Separate Violation May Exist: A separate violation may be deemed to occur each day an adjudicated misdemeanor violation continues to exist, beginning on the initial date of notification or date of acknowledgement of receipt of notice, whichever is later.

3.8.2.3. Abatement of Misdemeanor: In the event an adjudicated misdemeanor violation is not sufficient to bring about compliance with the provisions of this ordinance, the county may take legal action to abate the infraction.

3.8.3. Injunctive Action: In addition to the violations and penalties established above, Boundary County may take whatever action deemed necessary and appropriate to restrain, enjoin or estop any violation of this ordinance in accord with the laws of the State of Idaho.

3.9. Voluntary Compliance Encouraged: It is the policy of Boundary County to encourage and promote voluntary compliance with this ordinance and to promote education and awareness rather than immediate imposition of enforcement action or penalty. Except where public health or safety is threatened, as determined by the board of county commissioners or the Boundary County Sheriff, attempt shall be made by the administrator to bring about voluntary compliance prior to wielding enforcement power.

3.10. Reporting Violations: If any person has complaint or cause to believe that a violation of this ordinance has occurred or is being established, that person may notify the administrator, providing the nature of the complaint and information sufficient to enable accurate identification of the parcel or lot upon which the violation is alleged. A citizen may also make complaint directly to the sheriff or prosecutor, and nothing in this provision shall preclude the sheriff from investigating or taking action deemed appropriate to the allegation, which may include referring the complaint to the administrator. If investigation or enforcement action is initiated by the sheriff, the following provisions of this section shall not apply.

3.11. Processing Complaints: Upon receipt of complaint or allegation of violation, the administrator shall interpret the provisions of this ordinance as regard the specifics of the complaint so as to determine whether reasonable cause exists to warrant further action, with written record maintained. If the administrator believes a violation might exist or is about to be established, a letter shall be sent the owner of record of the parcel or lot by first class mail informing them of the potential violation and methods available by which to avoid violation. If the administrator has reasonable cause to believe that a violation of this ordinance does exist or if there is not response to an initial letter within ten (10) days of the date mailed, the administrator shall issue notice of violation to the owner of record of the property upon which the violation(s) has been alleged to have occurred.

3.12. Notice of Violation: Notice of Violation will be sent the owner of record by certified mail, return receipt requested, and will include the provisions of this ordinance alleged to have been violated, the type of violation, and actions, if available, the property owner may take to remedy the violation. The property owner will be provided at least ten (10) working days from date of acknowledgement of receipt in which to respond. In responding, the property owner may:

3.12.1. Admit: Admit to the violation and define actions to be taken to bring about compliance, to include a reasonable period of time for such action to be initiated and completed. If the violation is an infraction or misdemeanor, such admission shall not constitute a confession or plea of guilt, though it may be used as evidence should further prosecutorial action be necessary to bring about compliance.

3.12.2. Deny: Deny or refute the allegation and provide information and/or documentation in support of denial. In this event, the administrator shall determine, based on the evidence presented, whether there is probable cause to believe a violation has occurred, preparing written findings to support the determination. Those findings shall be provided the property owner and, if requested, the complainant. Should the finding conclude that probable cause exists, the administrator shall turn the record of complaint over to the prosecutor for further enforcement action.

3.13. Failure to Respond to Notice of Violation: In the event a property owner does not accept notice of violation or refuses to respond, the administrator shall forward the record of complaint to the prosecutor for further enforcement action.

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