Chapter 18.20
ADMINISTRATIVE PROVISIONS
Sections:
18.20.010 General.
For the purpose of carrying out the provisions of this title, the position of an administrator is hereby created for the city of Donnelly. The administrator for the impact area shall be the Valley County planning and zoning administrator, whose duties are identified in the Valley County land use and development ordinance. [Ord. 230, 2016.]
18.20.020 Administrator.
The mayor shall nominate, for council approval, an administrator to administer this title for the city of Donnelly. The administrator may be provided with the assistance of such other persons as the council may direct. The duties of the administrator shall include, but not be limited to:
A. Advising interested citizens of the zoning ordinance provisions.
B. Informing the news media regarding land use and zoning matters of public interest.
C. Aiding applicants in the preparation of required forms and permit applications. Where practical, related permits may be combined for the convenience of the applicant.
D. Issuing certificates of occupancy.
E. Recommending enforcement of this title in accordance with DCC 18.20.060.
F. Receiving, filing, and transmitting to the commission and council all applications, past history, transcripts, and other communications on which they must act. Advising the commission and the council of pertinent provisions of this title regarding proposals.
G. Maintaining permanent and current records of applications, zoning changes, variances, conditional use permits (CUP), planned unit developments (PUD), and of the hearings and action thereon.
H. Inspecting and making recommendations upon all filed plats.
I. Maintaining a current official zoning map and interpreting boundaries of zone districts.
J. Acting as a liaison between the commission and council. [Ord. 230, 2016.]
18.20.030 Appeals.
Any affected party may appeal in writing any final decision of the zoning administrator to the commission. Appeals of a commission decision will be made to the council. Appeals, along with a fee set by city council resolution, shall be filed with the Donnelly city clerk within 10 days from the date of the decision. The appeal shall specifically state the decision appealed and reasons for the appeal. If no appeal is filed within the 10-day period, the decision shall be deemed final. [Ord. 230, 2016.]
18.20.040 Mediation.
The mediation of land use decisions within the city limits will be governed by the provisions in Idaho Code, Section 67-6510, and this title. If mediation occurs after a final decision, any resolution of material differences through mediation must be the subject of another public hearing, consistent with the type of hearing which resulted in the original decision, before the decision-making body. Material differences include:
A. A change that may impact any adjoining properties; or
B. A change that was the subject of debate or appeal during the initial public hearing process.
The council shall act on the mediation recommendations within 60 days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. The application fee for mediation shall be established by city council resolution. [Ord. 230, 2016.]
18.20.050 Minor changes.
The commission may make the following minor changes without a public hearing:
A. Minor relocation of building pads or dwelling units due to conditions such as unanticipated topography, road alignment or easements; provided, that the modifications do not significantly alter the site design in terms of parking layout, vehicular circulation, landscape design and other similar components of the development plans and provided ordinance requirements are still met.
B. A minor change in building design relating to items such as materials, colors, window and door locations and mechanical units, provided the design remains essentially the same as that previously approved.
C. A minor modification to open space design, provided there is no significant reduction to such space.
D. Minor lot line adjustments, provided there is no increase in the number of lots. [Ord. 230, 2016.]
18.20.060 Enforcement.
A. Methods of Enforcement. The provisions of this title shall be enforced by the following methods:
1. Building Permit. No building shall be erected, moved or structurally altered unless a building permit therefor has been issued by the building inspector or his authorized representative. All permits shall be issued in conformance with the provisions of this title and shall be valid for a period of time as specified in the International Building Code.
2. Inspection. The city administrator, the building inspector and/or their authorized representative are empowered to require that necessary action be taken to remedy any condition found to exist in violation of any provisions of this title. 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 such violation.
3. Criminal Liability. A person shall be guilty of a misdemeanor in any case where:
a. Any violation of any of the provisions of this title exists in any building or any other structure or on a tract of land; and
b. An order to remove any such violation has been served upon the owners, 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
c. Such person shall fail to comply with such order within 10 days after service thereof.
4. Penalty. Any person, firm or corporation violating any provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00 or more than $100.00 for each offense, or by imprisonment for a period of not more than 30 days, or by both such fine and imprisonment. Each day during which the illegal erection, construction, alteration, maintenance or use continues may be deemed a separate offense.
5. Injunction.
a. Recovery of Attorney’s Fees. In addition to any of the foregoing remedies, the city attorney, acting on behalf of the city council, may maintain an action for an injunction to restrain any violation of this title.
b. Liability for Damage. This title shall not be construed to hold the city of Donnelly 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.
B. In any action initiated by the city to enforce this title, or to recover damages resulting from a violation of this title, the city, if said city is determined to be the prevailing party in such action, shall be entitled to recover from the other party or parties all attorney’s fees incurred in connection with such action. [Ord. 230, 2016.]