The enforcement of this Title shall apply equally to each person and property in similar circumstances; it shall not, however, be a defense to any particular enforcement action, that some one or more other persons or properties similarly situated are not the subject of enforcement action. (Ord. 553, 5-12-1997)

All departments, officials, and public employees of the City vested with the duty or authority to issue permits, shall conform to the conditions of this Title, and shall issue no permit, certificate, or license for the use of land, buildings, or purposes, in conflict with the provisions of this Title and such permit, certificate, or license issued in conflict with the provisions of this Title shall be null and void ab initio. (Ord. 553, 5-12-1997)

Whenever it appears to any person, including, but not limited to, the Building Inspector, Planning and Zoning staff, Commission members, the Council, the Valley County Prosecuting Attorney, City Attorney, Valley County Sheriff, or City police that any person is engaging in or about to engage in an act or practice violating any provisions of this Title, the person should orally or in writing notify the City staff. The City staff, the appropriate law enforcement agency and attorney, shall cause an investigation to be made of the alleged violation, as the staff deems advisable under the circumstances.

   (A)   The City staff, or the appropriate law enforcement agency, have the authority to:

      1.   Conduct a program of continuing surveillance and of regular or periodic inspection of potential or actual violations.

      2.   Enter, at all reasonable times after an application for a building permit or for a permit under this Title has been received, upon any private or public property for the purpose of inspecting it or to ascertain whether there is or has been a violation of this Title, a permit, or other ordinances relating hereto.

   (B)   If an investigation discloses that there is a reasonable basis for believing that a violation exists, the City staff, or the appropriate law enforcement agency, shall follow the following procedure:

      1.   Issue and serve upon the person alleged to have violated this Title a written notice. This notice shall specify the provision of this Title, variance or permit which has been violated, the extent and manner in which the Title, variance or permit has been violated, and the procedure for the person to contest the allegation. A copy of this notice shall be delivered to the City Attorney.

      2.   If a hearing is requested by the person, in writing, within seven (7) days of the service of the notice, then the City staff shall schedule a settlement conference with said person within seven (7) days from the time that the City staff has been served with said request for a hearing. The City staff shall also schedule within twenty one (21) days a hearing before the Commission on said notice.

      3.   If the allegations of the notice cannot be resolved in the above mentioned settlement conference, the matter shall be submitted for hearing before the Commission. If the matter can be resolved, then the agreement shall be ratified or rejected by the Commission.

      4.   If the agreement reached by the City staff in the settlement conference is rejected, then a hearing on the notice shall be held within twenty one (21) days of the rejection by the Commission.

      5.   The conduct of the hearing on the notice shall be set forth in Section 3-1-14 of this Title.

      6.   The Commission shall render its decision, including proposed findings and facts and conclusion of law, within seven (7) days from the date of the hearing.

      7.   After the decision of the Commission as set forth in subsection (B)6 of this Section, any party has the right to appeal the decision to the Council.

      8.   The City Council shall hear the appeal from the Commission in the same manner as set forth in Section 3-1-14 of this Title.

   (C)   If the preventive or corrective measure is not taken in accordance with the settlement agreement, Commission decision, or order of the Council, then the person in violation of said agreement, Commission decision or order of the Council shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per day beginning with the time fixed for the taking of the preventive or corrective measure set forth in the agreement, Commission decision or order of the Council.

   (D)   If the circumstances of the violation of this Chapter, permit or variance constitute an emergency creating conditions of immediate danger to the public health, the City staff shall immediately notify the Commission, the Council and the appropriate attorney. The Council may institute a civil action for immediate injunction to seek any relief deemed appropriate under the circumstances as well as a civil penalty not to exceed one thousand dollars ($1,000.00) per day.

   (E)   The City staff shall consider in any imposition of a civil penalty the following factors:

      1.   The nature of the violation.

      2.   Whether the violation was disclosed to the City staff prior to its detection.

      3.   Whether the violation was corrected without staff action.

      4.   The cost of enforcing and investigating the violation.

      5.   Whether the violation was an isolated occurrence or a multiple offense.

      6.   Whether there is an undue risk of future violations during the remaining construction phase of the permit.

      7.   Whether a fine under the circumstances would serve as a deterrent to this person or other persons similarly situated.

      8.   Whether there were grounds tending to excuse or justify the violation.

      9.   Whether the person was cooperative and willing to correct the violation.

   (F)   At any stage of the proceedings, any person to whom a notice has been served may waive the formal proceedings and enter into a settlement agreement with approval of the Council. The entry of the City into a settlement agreement under this Chapter approved by the Council shall constitute administrative res judicata and bars any assertion by the City that acts or omissions of the person entering into such settlement agreement, violate provisions of this Title in effect on the date of such settlement agreement; provided, however, that such settlement agreement is performed by that person, and provided that the assent of the City to such settlement agreement was not procured by bribery, misrepresentation, fraud, or other illegal influence.

   (G)   Nothing in this Chapter shall preclude the Council from any other legal or equitable remedy available.

   (H)   The City Council and the Board of County Commissioners shall determine from time to time whether enforcement of this Title in court as to the impact area should be entrusted to the office of the City Attorney or the office of the Valley County Prosecuting Attorney, and the matter having been so decided, such attorneys shall take all necessary steps to effectuate that decision. (Ord. 553, 5-12-1997)

Nothing in this Chapter shall preclude the Council from instituting any cause of action against any person nor any relief legally available under the circumstances. (Ord. 553, 5-12-1997)

Any applicant for a variance, conditional use, planned unit development, or map amendment, by filing the related application consents to inspection of the subject property by the City staff at all reasonable times, and by the Commission during and in the context of a hearing, for the purpose of ascertaining the completeness and accuracy of factual assertions in the application; and any person claiming the benefit of an approved variance or conditional use consents to inspection of the subject property by the City staff at all reasonable times for the purpose of inspecting or investigating whether or not the property and use are in compliance with conditions of approval and this Title. (Ord. 553, 5-12-1997)

   (A)   Criminal penalties shall be as follows:

      1.   Each violation of this Title, or of the conditions of approval of a variance, planned unit development, or conditional use, and each day of each such violation, shall be considered a separate criminal offense.

      2.   Each person acting as a principal, and each person acting as an agent, violating this Title, or the conditions of approval of a variance, planned unit development, or conditional use, shall be responsible for the criminal offense.

      3.   Each criminal offense shall be a misdemeanor punishable by a fine or imprisonment or both, in accordance with Idaho Code section 18-113 and Section 5-3-1 of this Code.

   (B)   Civil penalties shall be as follows:

      1.   Each violation of this Title, or of the conditions of approval of a variance, planned unit development, or conditional use, and each day of each such violation, shall be considered a separate civil offense.

      2.   Each person acting as a principal, and each person acting as an agent, violating this Title, or the conditions of approval of a variance, planned unit development, or conditional use, shall be responsible for the civil offense.

      3.   Each civil offense shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000.00) per day or per violation, whichever is greater.

      4.   The City shall also be entitled to recover, in any action for a civil penalty, its actual costs of investigation, enforcement, and mitigation, together with interest, court costs, and attorney fees at the prevailing hourly rate for attorneys practicing law in Cascade, notwithstanding that the City Attorney is salaried, at the option of the City. (Ord. 553, 5-12-1997)