This section establishes the duties and responsibilities for the development services department, which shall include building, engineering and planning departments, and other officials and agencies, with respect to the administration of this title.

   A.   Administrative Duties:

      1.   Review Of Building Applications: All applications for building permits shall be submitted for plan review to the development services department.

      2.   Conditional Use Permits/Variances: The development services department shall receive all applications for conditional use permits and variances, review for completeness and prepare them for submittal for review by the appropriate body.

      3.   Amendments: All requests for amendments or changes to the subdivision or zoning ordinance, zoning map or comprehensive plan shall be submitted to the development services department for processing.

      4.   Code Enforcement: Responsible for all enforcement actions and compliance of this title.

   B.   Secretary Of Planning And Zoning Commission: The secretary of the commission shall prepare staff reports, assist with findings of fact for all commission meetings, post notices, take and transcribe minutes of all meetings and prepare recommendations for the city council.

   C.   Interpretations: The interpretation and application of the provisions of this title shall be by the code official or designated person. An application for appeal of an interpretation by the development services department shall be submitted to the department, who shall prepare all the necessary reports and submit, with the application, to the commission, who shall make a recommendation to the council. (Ord. 1628, 1-12-2015)

See title 2, chapter 1, of this code. (Ord. 1628, 1-12-2015)

No member or employee of the council or commission shall participate in any proceeding or action under this title where he or she has a conflict of interest as described in Idaho Code 67-6506, title 59, chapter 7 Idaho Code, or city policy. (Ord. 1628, 1-12-2015)

All uses of land, buildings or structures, whether publicly or privately owned, that are established after the adoption hereof shall conform with the comprehensive plan, the area of impact agreement, and shall be subject to all the regulations of this title.

The code official, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures by the health authority, and any other applicable regulatory agency. All new development within the city and applicable development under the area of impact agreement shall comply with the most recently adopted edition of the international building code, state regulatory agencies, federal regulations and the ordinances, resolutions and policies of the city. (Ord. 1628, 1-12-2015)

For any plans, construction drawings or specifications for commercial applications submitted to the city as required by this title, the review and approval by the city shall not constitute an engineering/architectural review of project plans and calculations. The review is for the purpose of ensuring general conformance to city policies and requirements. The submitting engineer and/or architect is solely responsible for the design. All submissions to the city shall be stamped by a professional engineer and/or architect registered in the state of Idaho. (Ord. 1628, 1-12-2015)

   A.   Fee Schedule Established: The department of development services, at the time of the filing of an application for a land use planning action, shall collect the fee for such action established through a resolution of the city council together with any direct costs incurred by the city in obtaining a review of the application by architects, engineers, attorneys, or other professionals necessary to enable the city to approve or disapprove the application in an informed manner as provided in section 1-8-4.

   B.   Payment Of Fees Prior To Action By The City: Until all fees charged and expenses established by this section have been paid in full, no action shall be taken by the city on any application or referral to which this section applies.

   C.   Refunds: Fees charged pursuant to this section shall not be refundable.

   D.   Waivers: The city council shall have the authority, in its sole discretion, to waive, in whole or in part, the foregoing fees, for good cause shown. (Ord. 1628, 1-12-2015; amd. Ord. 1726, 9-27-2021)

All departments, officials and employees which are charged with the duty or authority to issue permits or licenses shall issue no permit or license for uses or purposes where the same would be in conflict with this code. Any permit or license, if issued in conflict with this code, shall be null and void. Reliance on a staff member's opinion does not create a legal right or implied variance that would otherwise conflict with this code.

If no commencement of construction has occurred within one hundred eighty (180) days of issuance of the building permit or approval then such permit or approval shall be expired, unless a different time of issuance of the permit or approval is allowed in this code, or unless an extension is granted by the issuing agency prior to the expiration. Failure to comply fully with the terms of any permit or approval may be grounds for cancellation or revocation. (Ord. 1628, 1-12-2015)

See chapter 6 of this title. (Ord. 1628, 1-12-2015)

   A.   General: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or land, or cause or permit the same to be done, in violation of this title. When any building or parcel of land regulated by this title is being used contrary to this title, the city, through its authorized agents, may initiate injunction or abatement proceedings, or other appropriate action, in the courts against any person who violates or fails to comply with any provision of this title. Such person shall discontinue the use within the time prescribed by the city building inspector or designee after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this title.

   B.   Penalty Provisions And Enforcement: Pursuant to Idaho Code, a violation of this title is hereby declared to be an infraction and the violator may be punished as provided in this code for each such violation.

   C.   Enforcement: The building and zoning official and the code enforcement officer shall have the authority to issue citations for violations of this title. (Ord. 1628, 1-12-2015)