All new construction, building improvements, alterations, or enlargements, and all new or altered uses of land, undertaken after the effective date hereof, and all new uses or occupancy of premises within the City, shall conform with the requirements, character, and conditions as to use, height, and area for each of the several zones as described in this title. No person shall design, erect, construct, establish, move into, alter, enlarge, or use, or cause or permit to be erected, constructed, established, moved into, altered, enlarged, or used, any building, structure, improvement, or use of premises located in any zone described in this title in any manner contrary to the provisions herein. (Ord. 410, 1-17-2017)

   A.   Noncompliance: The City shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the applicable provisions of this Code. Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the City may issue a Notice of Violation and order any work stopped by written notice. Such Notice of Violation or Stop Work Order may be served on any persons engaged in doing or causing such work to be done, and upon such service, persons shall forthwith stop such work until authorized by the City to proceed. If no persons are present then the Stop Work Order shall be posted in a conspicuous location at the site.

   B.   Notice Of Violation: A copy of the Notice of Violation shall be mailed to the property owner of record and any known holder of any legal interest in the property, if applicable. The notification shall include:

      1.   The property owner and the legal description of the parcel, as well as the street address, if any;

      2.   A detailed description of the nature of the violation;

      3.   A description of remedial actions that could be undertaken to resolve the violation; and

      4.   The length of time allotted to resolve the violation.

The property owner shall have forty five (45) days from the date the Notice of Violation was mailed to resolve the violation. If resolution does not occur within those forty five (45) days, the Notice of Violation may be recorded in the Office of the County Recorder, with a copy mailed to the owner.

   C.   Appeals: The Notice of Violation shall also advise the owner of the process for appeals of Notices of Violation and Stop Work Orders. An owner or a holder of any legal interest in the property may appeal a Notice of Violation or Stop Work Order pursuant to section 1-1-5 of this Code. The appeal shall be heard in accordance with subsection 1-1-5B of this Code. If the appeal is denied (i.e., the action is affirmed), the City Council shall specify an exact number of days to gain compliance with this title before the Notice of Violation is recorded, and may add or remove conditions of remedial action. If the appeal is approved (i.e., the action is reversed), the City Council shall specify actions to be taken to release the violation.

   D.   Fees: Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule unless the enforcement action was reversed by the City Council or a court of competent jurisdiction. Upon payment of such fees or a determination that payment of fees is not necessary, the City shall cause a Release of Notice of Violation to be recorded in the Office of the County Recorder. The release shall contain all of the information contained in the Notice of Violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner.

   E.   Complaints: Any affected person may file a written complaint alleging that a violation of this Code has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Clerk. The City shall investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this chapter.

   F.   Penalties: Penalties for failure to comply with or violations of the provisions of title 7, 8, or 9 of this Code shall be as follows:

      1.   A first violation of any of the provisions of title 7 or 8 of this Code, or failure to comply with any of their requirements shall constitute an infraction punishable as set forth in subsection 1-4-1B of this Code.

      2.   A second or subsequent conviction for violation of any of the provisions of title 7 or 8 of this Code, or failure to comply with any of their requirements within twelve (12) months of the first violation shall constitute a misdemeanor punishable as set forth in subsection 1-4-1A of this Code, with a maximum fine of three hundred dollars ($300.00) and ninety (90) days in jail, per Idaho Code.

      3.   Each day on which a violation continues shall be considered a separate violation for purposes of both civil and criminal action. The landowner, tenant, subdivider, builder, or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the City Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of title 7 or 8 of this Code, or of Idaho Code.

      4.   The City Attorney or other attorney who represents the City may also take civil action in District Court to prevent, restrain, correct, or abate any action taken, or which may be taken, in violation of title 7 or 8 of this Code, to vacate any subdivision or condominium plat recorded in violation of title 9 of this Code, or to otherwise enforce the provisions of this Code. In addition to other actions that may be ordered by the court, if the City prevails, the violator shall pay to the City all fees associated with the violation then due and owing. The City may also seek the imposition of a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation per day, with a total maximum civil penalty of ten thousand dollars ($10,000.00).

      5.   In cases where multiple individuals, firms, corporations or agents participated in violating title 7 or 8 of this Code, they may be held jointly and severally liable for any remedies, penalties or payments.

      6.   The City may withhold issuance of permits for subdivisions, lots, or parcels of land that are in violation of any provision of title 7, 8 or 9 of this Code. Withholding of permits may be appealed in accordance with section 1-1-5 of this Code.

      7.   Applications for approvals authorized by this title will not be scheduled for hearing until all violations of this Code are corrected, except when the purpose of the approval is to correct the violations of this Code then existing. These requirements may be appealed in accordance with section 1-1-5 of this Code. (Ord. 416, 3-21-2018)

In order to carry out the purposes and provisions of this title, the City is divided into several zones, known and designated as follows:

Residential (R) Zone

Commercial (C) Zone

Light Industrial (LI) Zone (Ord. 410, 1-17-2017)

   A.   Compliance With State Law: Annexations of territory to the City shall be conducted in accordance with the procedures set forth in Idaho Code title 50, chapter 2, as it now exists or as it may be subsequently amended.

   B.   Location Within Area Of City Impact Boundary: All territory hereafter annexed to the City shall be contained within that portion of unincorporated Kootenai County officially designated as being within the City's area of City impact boundary as adopted by the City Council of Athol and the Kootenai County Board pursuant to the requirements of Idaho Code section 67-6526.

   C.   Consistency With Comprehensive Plan: All territory hereafter annexed to the City shall generally conform to the official land use designation of the future land use plan map contained within the City's adopted Comprehensive Plan, insofar as the same applies to the area of City impact location to be annexed.

   D.   Agreement With City: The City Council may require, at its discretion, as a part of any annexation proceeding, that the applicant(s) for annexation negotiate the terms of an agreement with the City and the amount of the fee deemed appropriate and/or infrastructure improvements deemed appropriate, for the annexation site to acquire a share in the existing assets and services of the City following annexation. Any such agreement negotiation and its agreed upon outcome shall be in writing and shall take place prior to formal adoption of the annexation by the City Council. (Ord. 410, 1-17-2017)

Adoption of the official zoning map of the City shall be by separate ordinance from the text of this title. Adoption of subsequent amendments to the official zoning map shall also be by separate ordinance. (Ord. 410, 1-17-2017)

If any clause, sentence, paragraph, section, or part of this title or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the provisions of each clause, sentence, paragraph, section, or part of this title are hereby declared to be severable. (Ord. 410, 1-17-2017)