It shall be the duty of the city to see that this title is enforced through proper legal channels. (Ord. 250, 8-4-2016)

   A.   General: No permit shall be issued for the construction or alteration of any building or part thereof, unless the plans and specifications for intended use of such building conform in all respects with the requirements stated herein.

   B.   Application Forms: Applications for permits shall be submitted on forms provided by the city, and all applications shall include a site plan (see subsection D of this section for the contents of a site plan). All information, including the site plan, and other maps, plans, drawings, tabulations and calculations, and all agency and government signatures called for on those forms shall be required for a complete application, and no incomplete application shall be accepted. The administrator may require submission of multiple copies of application forms and supporting materials.

   C.   Burden Of Proof: The burden of demonstrating compliance of all permits with this title rests with the applicant and property owner.

   D.   Site Plan:

      1.   All applications for building permits shall be accompanied by a site plan.

      2.   The following types of permits require a site plan that is delineated in subsection D3 of this section. Other permits or applications such as primary commercial buildings, special use permits and variances may require additional information as requested by the city.

         a.   Commercial alterations and additions;

         b.   Change of use not affecting the intensity or change of location of a commercial or industrial parking lot, truck loading or vehicle access;

         c.   Residential primary structures, additions and alterations and detached accessory structures without new vehicular access.

         d.   All other projects shall be subject to project review per chapter 3 of this title.

      3.   The following site plan drawing is required and may be obtained either on forms provided by the city or by a set of scaled drawings provided by the applicant. The scale of the drawing shall be at a minimum one inch equals ten feet (1" = 10') to a maximum scale of one inch equals fifty feet (1" = 50') and contain the following:

         a.   Address of project.

         b.   Owner's name.

         c.   Legal description of the property, including any easements and project numbers of short plats or lot boundary adjustments.

         d.   Kootenai County assessor's parcel number (property tax account number).

         e.   Kootenai County recording instrument number for any easements or other pertinent legal features.

         f.   North arrow.

         g.   Property lines, dimensions and bearings.

         h.   Identification and right of way (ROW) and roadway widths of adjacent streets (by name), alleys or other adjacent public property.

         i.   Curbs and sidewalks if applicable; type, location, dimensions.

         j.   Street and alley improvement type (asphalt, concrete, gravel, etc.).

         k.   Location of the primary entrance to each building.

         l.   If existing or proposed building structures (e.g., building overhangs, chimneys, gutters, underground parking, etc.) extend into, over or under the ROW, a utility easement, or known utility for which there is no easement, the dimensions of these structures and their locations must be provided.

         m.   Location and dimensions of all driveways, parking areas, and other paved areas (existing and proposed).

         n.   General location, size and shape of any structures presently on the site and of those proposed for construction; including buildings, retaining walls, patios, decks, porches, driveways, pools, spas and other water features, septic tank and drainfield locations (existing and proposed).

         o.   Dimensions showing front, side and rear distances from structures to property lines, distances between structures, porches and decks (existing and proposed).

      4.   Staking of property lines, setbacks from property lines to structures and locations of driveways may be requested by the city.

      5.   The following supplemental information is required:

         a.   In narrative form, identification of exactly what work is to be done, including the changes that are proposed to the physical features of the site or existing structures (clearly distinguish between existing and proposed features on the site plan drawing). Statements such as "existing wall to remain" are acceptable call outs for the site plan. Clearly indicate by citation or notation the explanation of work to be done with the site plan drawing.

         b.   Signature of preparer and relationship to owner and a certification stating that this is a true and accurate representation of the site and that the preparer and the property owner take responsibility for the accuracy of the information.

         c.   If not prepared by the property owner, a notarized authorization by the property owner that the preparer can act on behalf of the property owner.

      6.   A record of all such applications, site plans and supplemental information shall be kept in the office of the city clerk. (Ord. 250, 8-4-2016)

Whenever a hearing is required by this title for a special use permit, variance, subdivision, or amendment, such hearing shall be held at least once to receive testimony from interested and affected agencies and citizens. At least fifteen (15) days prior to the hearing, notice of the time, place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. For site specific applications, notice shall also be provided to property owners whose property is within or adjacent to the area bounded by lines three hundred feet (300') from the external boundaries of the property under consideration. These are only the minimum hearing notice requirements and specific requirements are delineated below. The council or commission may, when deemed appropriate, provide additional notice. (Ord. 250, 8-4-2016; amd. Ord. 264, 3-5-2020)

   A.   Hearings before the council or commission shall be open to the public.

   B.   Hearings before the council or the commission are either legislative or quasi-judicial in nature.

      1.   Legislative hearings are conducted for the purpose of receiving public comment in aid of formulating city policies and ordinances.

      2.   Quasi-judicial hearings are conducted for the purpose of resolving contested matters concerning specific parties or properties, including, but not limited to, applications for change of zone, subdivision of land, special (conditional) use permit, and variance of zoning standards.

   C.   The criteria for making decisions on applications and permits is found under the applicable title and chapter. (Ord. 250, 8-4-2016)

   A.   Whenever notice is required under this chapter it shall be in writing and shall provide the following information:

      1.   The address of the property, or another general description by which the public can identify the property, that is the subject of the hearing;

      2.   The present land use of the property;

      3.   A description of the action or relief sought; and

      4.   The date, time, and place of the hearing.

   B.   To assist the city in providing all required notices, the applicant or appellant shall provide to the city from a title company the correct names and addresses and two (2) sets of mailing labels of all adjoining property owners which are defined in section 5-8-3 of this title as owners who own property within three hundred feet (300') of the subject property on the application.

Note: The applicant bears the burden of proof to provide accurate information to the city to notify the adjoining property owners. If adjoining property owners are not notified, the hearing will not be held, the city will not be liable for the inaccurate information and the applicant will be responsible for any additional costs the city incurs to hold additional public hearings. (Ord. 250, 8-4-2016)

   A.   Posted notices are required for applications requesting:

      1.   Special use permits; and

      2.   Rezones.

   B.   When a posted notice is required it shall be the responsibility of the applicant to install or erect a sign and attached notice furnished by the city that meets the following specifications:

      1.   The sign shall be placed so as to be easily readable by the motoring public;

      2.   The sign shall be installed on the subject property adjacent to the most heavily traveled public way;

      3.   The sign shall be posted at least fifteen (15) days before the scheduled date of the public hearing; and

   C.   The applicant shall remove the sign within seven (7) days following the public hearing. (Ord. 250, 8-4-2016)

Appeals concerning interpretation, administration or decisions rendered pursuant to Title 5 shall be processed in accordance with Section 1-11-1. (Ord. 250, 8-4-2016; amd. Ord. 264, 3-5-2020)

(Rep. by Ord. 264, 3-5-2020)

The Council shall establish, by resolution, a schedule of fees, charges and expenses and a collection procedure for amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the Office of the Clerk and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 250, 8-4-2016)

   A.   Violations And Penalties: It shall be unlawful to construct, reconstruct, enlarge and maintain or use any building or to use any land in violation of any regulation or any provision of this title or the terms of any permit therefor. Any such violation shall be deemed an infraction or a misdemeanor and shall subject the offender to penalties in accordance with section 1-4-1 of this Code. Each and every day such illegal erection, construction, and enlargement of, maintenance or use continues may be deemed a separate offense. The City may also take civil action to compel compliance of requirements or performance and completion of, or maintenance of, improvements installed pursuant to this title. No applications for any permits or licenses shall be reviewed or approved by the City if there is an existing, valid violation of this Code, unless the permit or license is to resolve the existing violation.

   B.   Action By Council Or Property Owner: In case any building is, or is proposed to be, constructed, erected, reconstructed, located, enlarged, changed, maintained or used, or any land is proposed to be used in violation of this title or any amendment hereto, the City Council or any adjacent property owner who could be specially damaged by any such violation, in addition to any other remedy provided by law or in this title, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

   C.   Notice And Order:

      1.   Notice And Order Issued: The Code Enforcement Officer may issue a notice and order to the record owner of the property containing the violation. The notice and order shall contain the following information:

         a.   The street address and a legal description sufficient for identification of the premises upon which the violation is occurring.

         b.   A statement of the Code Enforcement Officer containing a brief and concise description of the conditions found to render the building or premises in violation.

         c.   A statement of the action required to be taken, as determined by the Code Enforcement Officer, in order to bring the property into compliance.

         d.   The property owner shall have forty five (45) days from the date of mailing of the notice and order, to take such steps as are necessary in order to bring the property into compliance.

         e.   The notice shall advise that any person(s) having record title or legal interest in the property may appeal from the issuance of the notice and order, in accordance with the procedural provisions set forth in section 5-10-4 of this chapter. The notice shall also indicate that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter, and that an appeal of the notice and order must be in writing and must be received by the City Clerk within thirty (30) days of the date the notice and order was mailed. The notice shall also advise that failure to appeal or bring the site into compliance will result in the City recording the notice against the property.

      2.   Service Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be mailed to the record owner of the property by certified mail. The failure of the Code Enforcement Officer to serve any person required to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any person from any duty or obligation imposed on him by the provision of this chapter.

      3.   Recordation Of Notice And Order: If the Code Enforcement Officer's notice and order is not complied with within forty five (45) days, and no appeal has been properly and timely filed, the Code Enforcement Officer may file in the Office of the County Recorder, a certificate describing the property and certifying that the property is not in compliance with this Code and that the record owner has been notified of the noncompliance. The certificate shall also contain a brief and concise description of the nature of the noncompliance and shall include a statement of the actions required, if any, which must be taken in order to bring the property into compliance.

      4.   Release Of Notice And Order: Whenever the Code Enforcement Officer has determined that the violation has been corrected, the building official shall file a new certificate with the Office of the County Recorder certifying that the previously recorded notice and order shall be released and that all required corrections have been made so that the property is in compliance with this Code. (Ord. 256, 10-4-2018; amd. Ord. 264, 3-5-2020)