ORDINANCE NO 472
BONNER COUNTY ROAD SPECIFICATIONS
AN ORDINANCE OF BONNER COUNTY, IDAHO SETTING FORTH ITS AUTHORITY; AMENDING TITLE 2, CHAPTER 8, SECTION 810 BY PROVIDING FOR AMENDING AND ADOPTION OF THE ROAD STANDARDS MANUAL DATED DECEMBER 2005 VERSION I; ALLOWING FURTHER AMENDMENTS TO THE ROAD STANDARDS MANUAL TO BE AMENDED BY RESOLUTION; ESTABLISHING THE SETTING AND COLLECTION OF FEES BY RESOLUTION; REPEALING TITLE 2, CHAPTER 8, SECTION 810 (D) IN ITS ENTIRETY; AMENDING TITLE 2, CHAPTER 8 SECTION 2-890 PROVIDING FOR PENALTIES AND REMEDIES; ESTABLISHING TITLE 2, CHAPTER 8, SECTION 2-900 PROVIDING FOR THE ISSUANCE OF STOP WORK ORDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION OF THE ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Bonner County Commissioners have adopted standards identified in Title 2 Chapter 8 of the Bonner County Revised Code consistent with their power established under Title 31 and Title 40 of Idaho code; and
WHEREAS, the Bonner County Commissioners desire to amend certain standards, or adopt revised standard for the purpose of clarification and bringing uniformity of certain sections of Title 2, Chapter 8 of Bonner County Revised Code; and
WHEREAS, Bonner County pursuant to law, adopted Ordinance 236, 1/29/94 and Ordinance 269, 1/17/1995 and Ordinance 280, 4/5/1995 and Ordinance 368, 1/14/1999 and Ordinance 422, 3/5/2002 and Ordinance 426, 6/18/2002 and;
WHEREAS, the Board of Bonner County Commissioners desire to allow further amendments to the Road Standards Manual to be amended by resolution and;
WHEREAS, the Board of Bonner County Commissioners desire to set fees to be collected by the Bonner County Road and Bridge Department by resolution and;
WHEREAS, the Board of Bonner County Commissioners did hold a public meeting on December 27, 2005 and;
NOW, THEREFORE BE IT ORDAINED by the Board of Bonner County Commissioners of Bonner County, Idaho, that the following be and is hereby adopted as an ordinance of Bonner County:
SECTION I: AUTHORITY
This ordinance is adopted pursuant to the authority granted at Idaho Code Title 31 and Title 40.
SECTION II: Amending Title 2, Chapter 8, Section 810(a) to read as follows: The Road Standards Manual dated December 2005 Version I is hereby adopted and incorporated herein as if set forth is full. All new construction of roads built for dedication to Bonner County and construction within County rights of way for which standards are set forth shall comply with the standards contained within the manual. As a part of the decision to permit roads and construction encroachments within the County rights of way the Public Works Department may enter into development agreements with the encroachment applicants that may require the completion of improvements to mitigate the increase in traffic as a result of the project development or encroachment. Alternately, the Public Works Department may allow an applicant to participate proportionately with other applicant and /or other public entities to construct improvements that are not exclusively the responsibility of any single applicant or entity. Development agreements shall be approved by the Bonner County Board of Commissioners by resolution.
Section 2-810 (d) is hereby amended to read as follows: Amendments to the Road Standards Manual shall hereafter be made by resolution of the Bonner County board of Commissioners.
Section 2-890 is hereby amended to read as follows: 2-890, Penalties and remedies.
(a) It shall be unlawful for any person, firm or corporation to do, cause, or permit to be done, whether acting as principal, agent or employee, any construction, placement, installation, enlargement, extension, or structure subject to the provisions of this title which is not in accord with an approved permit issued under the terms of this title or without first procuring a permit from the Bonner County Public Works department.
(b) Violations of any provision of this title, or failure to comply with any of the requirements of this title, shall be a misdemeanor and shall be punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00), or by both.
(c) A separate violation shall be deemed to have occurred for each construction, placement, installation, enlargement, extension, or structure subject to the provisions of this title that is erected, constructed, placed, installed, enlarged, extended, moved or converted not in compliance with this title. Each day such violation continues constitutes a separate offense.
(d) The prosecuting attorney may take whatever criminal action deemed necessary to enjoin any violation of this title. The prosecuting attorney may, with the consent of the county commissioners, bring whatever civil action deemed necessary to enjoin any violation of this title. Civil remedies may be sought in addition to, or in lieu of, criminal penalties.
(e) Any person, whether acting as principal, agent, employee, landowner, tenant, builder, or any other person who commits, participates in, assists in or maintains such violation, may be found guilty of a separate offense. Nothing herein contained shall prevent the Bonner County prosecuting attorney and/or the Bonner County commissioners, or any other public official or private citizen, from taking such lawful action as is necessary to restrain or prevent any violation of this title.
(f) Fee for investigation of work without permit. Whenever any work for which a permit is required under the terms of this title has commenced without first obtaining said permit, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law. A separate investigative fee shall be charged for each site visit to the subject property conducted by the Bonner County Public Works Department.
Establishing Section 2-900 allowing for the issuance of stop work orders;2-900, Issuance of stop work order, unlawful continuance.
(a) Whenever the public works director finds any work regulated by this title being performed in a manner contrary to the provisions of this title, the public works director or his or her designee is authorized to issue a stop work order.
(b) The stop work order shall be in writing and shall be posted on the premises where the work is being conducted or given to the owner of the property involved, or to the owner's agent, or to the person or persons performing the work. Written notice shall also be provided by the public works department by certified mail to the landowner at the address shown on the county assessor's tax rolls. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
SECTION III: The setting of fees, to be collected by the Bonner County Public Works Road and Bridge Department, shall hereby be set by resolution of the Board of Bonner County Commissioners.
SECTION IV: SEVERABILITY
The provisions of this Ordinance are hereby declared individually severable. Should any provisions of this Ordinance be declared invalid by a Court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION V: CODIFICATION OF ORDINANCE
This ordinance shall be codified as a part of the Bonner County Revised Code.
SECTION VI: EFFECTIVE DATE
This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee newspaper.
APPROVED AND ADOPTED THIS 10th day of January, 2006, upon the following roll call vote:
Chairman Phillips: absent
Commissioner Young: yes
Commissioner Dye: yes
Marcia L. Phillips, Chairman
Joseph E. Young, Commissioner
Karl J. Dye, Commissioner
ATTEST: Marie Scott, Clerk
By Becky Witte, Deputy Clerk
Legal SNP#7555
January 13, 2006