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Hailey City Zoning Code

CHAPTER 17

15 ENFORCEMENT

17.15.010: METHODS OF ENFORCEMENT:

The rights and remedies provided by this chapter are cumulative and the use of any one right or remedy by the city shall not preclude or waive its right to use any or all other remedies. Any rights provided to the city under this title are given in addition to any other rights the city may have by law, statute, ordinance or otherwise. The city may enforce the provisions of this title by the following methods:
   A.   Requirement of a building permit.
   B.   Inspection and ordering removal of violation.
   C.   Criminal liability.
   D.   Injunction. (Ord. 1191, 2015)

17.15.020: 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 building 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 IBC and by this code. (Ord. 1191, 2015)

17.15.030: INSPECTION AND REMOVAL OF VIOLATION:

The administrator, building inspector and/or their authorized representative are empowered to require and order 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 or remove such violation in accordance with the order. (Ord. 1191, 2015)

17.15.040: CRIMINAL LIABILITY:

Any person, firm, partnership, limited liability company, corporation, trust or other legal entity violating any provision of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) for each offense, or by imprisonment in the county jail for a period of not to exceed six (6) months, 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. (Ord. 1191, 2015)

17.15.050: INJUNCTION; RECOVERY OF ATTORNEY FEES:

   A.   In addition to any of the foregoing remedies, the city may maintain an action for injunctive relief to restrain any violation of this title and/or to enforce compliance with this title, upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this title.
   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 the city is determined to be the prevailing party in such action, shall be entitled to recover from the other party or parties all attorney fees incurred in connection with such action. (Ord. 1191, 2015)

17.15.060: LIABILITY FOR DAMAGES:

This title shall not be construed to hold the city responsible for any damage, costs or expenses 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. (Ord. 1191, 2015)