The landowner/property owner is responsible for all violations on their property. Violations include, but are not limited to:

   A.   It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or real property within Bingham County without first obtaining permits, if required by the adopted Building Code. (Less than 200 square feet and agriculture exempt structures do not require a building permit.)

   B.   It is a violation of this title for any person to not comply with specific conditions of approval as stated in a Certificate of Zoning Compliance, conditional use permit, final plat, development permit or planned unit development as set forth in this title.

   C.   It is a violation of this title to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization as set forth in this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   Authority To Enforce:

      1.   It shall be the authority of the Planning Administrator to interpret this title.

      2.   It shall be the duty of the Code Enforcement Officer, as authorized by the Administrator, to enforce the regulations of this title. Code Enforcement Officers may call upon the services of the Sheriff, fire, or other appropriate County departments as allowed by State law.

      3.   It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and/or structures.

   B.   Investigation:

      1.   Upon receipt of a complaint, a complaint file may be initiated.

      2.   The Code Enforcement Officer may investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title. They shall not enter the property in question without the express consent of the owner.

      3.   If, after investigation, it is determined that the standards or requirements of this title have been violated, a Code Enforcement Officer may serve a notice of violation upon the owner, tenant and/or other person responsible for the condition.

      4.   The notice of violation should state separately each standard or requirement violated; should state what corrective action, if any, is necessary to comply with the standards or requirements; and should set a reasonable compliance date in light of the date of service of notice or publication of violation. The notice should state that any further violation may result in criminal prosecution and/or civil penalties.

      5.   The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested addressed to the last known address for such person. If service cannot be made within ten (10) days and effort is made to serve or mail notice without success, then notice may be made by publication in the newspaper of record for Bingham County. Notice shall be considered complete upon date of last publication. The Code Enforcement Officer will record all efforts made to effect service in person or by mail as part of their investigative report. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   The Administrator may grant a reasonable extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. Such extension of time should not exceed one hundred eighty (180) days, except in extreme cases.

   B.   An extension of time may be revoked by the Administrator if it is shown that any of the following are true:

      1.   The conditions at the time the extension was granted have changed.

      2.   The Code Enforcement Officer determines that a party is not performing corrective actions as agreed and so notifies the Administrator.

      3.   If the extension creates an adverse effect on the public.

   C.   The date of revocation shall then be considered as the compliance date. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   First Offense: Any person who pleads guilty or is found guilty of a violation of this title shall be guilty of an infraction punishable by a fine of thirty five dollars ($35.00) when the violator has not previously been convicted of a violation of the same or similar provision of this title.

   B.   Subsequent Offenses: Any person who pleads guilty or is found guilty of a violation of this title, who has previously been found guilty of or has pled guilty to a violation under the same or similar provision of this title within the past five (5) years, shall be guilty of a misdemeanor, punishable as per Idaho Code section 18-113.

   C.   Civil Prosecutions: Notwithstanding the provisions of subsections A and B of this section, the Prosecuting Attorney, at his or her sole discretion, may civilly prosecute any violation of this title and seek all available remedies that may include, but are not limited to, abatement of the noncompliant conditions, revocation of existing permits for noncompliance, civil damages for enforcement, or any other remedy as allowed by law. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)