Sunday, June 02, 2024
54.0°F

Legals November 22, 2017

| November 22, 2017 12:30 AM

Ordinance No. 574 Title 12, Land Use Regulations, Amendment Chapter 4, Development Standards Amending Section 484 Bonner County Revised Code An Ordinance of Bonner County, Idaho, setting forth its authority; amending Bonner County Revised Code Title 12 (Land Use Regulations), Chapter 4 (Development Standards), amending Section 484, Vacation Rentals, to create a process by which vacation rentals are regulated and permitted in Bonner County; Providing for severability, and providing for an effective date. Whereas, Idaho Code, Title 67, Chapter 65, provides for the adoption of land use standards and processes for the purposes of protecting property rights and enhancing property values, together with the purposes of promoting the health, safety, and general welfare of the people and to ensure that the development on land is commensurate with the physical characteristics of the land; and Whereas, The Board of County Commissioners has amended this section consisitent with Idaho Code Title 67 Chapter 65; and Whereas, Idaho Code 67-6539 provides for the "limitations on regulations of short-term rentals and vacation rentals"; and Whereas, The Board of County Commissioners initiated a review of the Title 12, Chapter 4 (Development Standards) as the procedures condered in this revision intend to provide direction, guidance and information to the public; and Whereas, the Bonner County Planning and Zoning Commission did hold a public hearing September 21, 2017, on the amendment and did recommend approval to the Board of County Commissioners; and Whereas, the Bonner County Board of County Commissioners did hold a public hearing on October 25, 2017, on the proposed amendments to Bonner County Revised Code Title 12, Chapter 4, providing notice for such hearings as required by Idaho Code, Title 67, Chapter 65. Now, therefore be it ordained by the Board of County Commissioners of Bonner County, Idaho that the following be and is hereby adopted as an ordinance of Bonner County: Section 1: Authority This Ordinance is adopted pursuant to the authority granted at Chapter 65, Title 67, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509, Idaho Code. Section 2: Amending Bonner County Revised Code Title 12, Land Use Regulations, Amendment Chapter 4, Development Standards. Subchapter 484 ­ Vacation Rentals 12-484: Vacation rentals A. Intent: To provide a process for the use of vacation rentals in Bonner County to safeguard the public health, safety and general welfare, to protect the character of residential areas ensuring compatibility with surrounding residential uses that will not materially alter the neighborhoods in which they are located. B. Vacation Rental Permit Procedures: Subject to an Vacation Rental Permit approved by the Planning Director per the procedures set forth in this section 1. Vacation Rental Permit Procedures: No structure, guesthouse, dwelling or accessory dwelling unit or portion thereof shall be used as a vacation rental until an application for a vacation rental permit has been reviewed and approved by the planning director or designee. The application shall include the following: a. The name of the landowner/applicant. b. The address and latitude/longitude of the property c. The name and telephone number of the local representative d. The maximum occupancy permitted. e. An adequate potable water supply and a sewage disposal method approved by the Panhandle health district and/or Sewer/Water district and/or the state of Idaho shall be provided. f. The number of off-street parking spaces provided on the property and the maximum number of vehicles allowed to be parked on the property. g. The solid waste disposal collection day. h. The name of the fire district in which the vacation rental resides if applicable. i. Site plan drawn to scale j. Any additional material needed for a complete review of the application, as determined by the Planning Director. k. Fees as determined by the Board of County Commissioners. The planning director shall issue the Vacation Rental permit based on conformance with the standards below. The applicant may appeal the planning director decision to deny a Vacation Rental permit to the Board of County Commissioners, pursuant to the provisions of section 12-261 of this title. C. Vacation Rental Standards 1. Permit: The vacation rental permit shall be issued for two (2) years, The Planning Department shall issue the permit where it finds the application requirements and the requirements of this section have been met, and upon payment of the "Permit Fee" in an amount as determined by the Board of County Commissioners. a. To renew a Vacation Rental Permit, the holder shall submit for renewal on a form provided by the County together with the renewal fee. b. The biennial renewal request shall be submitted within 30 days of the expiration of the Vacation Rental Permit. A permit for which a renewal application is not timely submitted shall automatically expire. c. If a permit has expired, a new application shall be required. 2.Ownership: A vacation rental permit is issued to a specific owner of a property in the applicable zone. If the property holding a vacation rental permit is sold, the vacation rental permit shall immediately expire and the new owner shall make application for a new vacation rental permit. 3. Occupancy: a. The maximum occupancy for a vacation rental shall be three (3) persons per bedroom plus an additional three (3) people up to a total of 20 persons, regardless of age. This shall also be based on Panhandle Health or the sewer district recommendation and the space available for off-street parking. If there is to be more than 20 people allowed in the rental, a conditional use permit is required. b. No recreational vehicle, travel trailer or other temporary shelter shall be used as a Vacation Rental or in conjunction therewith to provide additional sleeping areas or otherwise. 4. Access: Approval shall be obtained from the agency having jurisdiction over the access serving the site. 5. Parking: One (1) off-street parking space shall be provided for each four (4) persons of occupancy in a Vacation Rental, regardless of age. (BCRC 12-432) No more vehicles shall be parked on the property than there are designated off-street parking spaces. Inability to provide the required off-street parking will reduce the permitted occupancy. A site plan shall be submitted with an application for a Vacation Rental Permit which identifies the location of the required off-street parking. 6. Solid Waste Disposal: The property owner/owner's representative or a waste collection provider shall provide weekly solid waste collection during all months that the Vacation Rental is available for rent. 7. Permit Posting. The Vacation Rental Permit shall be posted within 5 feet of the front door of each dwelling unit, on the inside of the dwelling unit, and contain the following information. a. The name and telephone number of the Local Representative. b. The name and address of the Owner. c. The contact information for the Planning Department and the Sheriff's office in Bonner County. d.The maximum occupancy permitted. e. The number of off-street parking spaces provided on the property, and the maximum number of vehicles allowed to be parked on the property. f. The solid waste disposal collection day. g.Rules of the area, HOA, etc. h. Boating & recreational rules. 8. Signs/advertising: One on premises sign, which may be lighted from the exterior, not in excess of six (6) square feet, shall be permitted. All advertising for the vacation rental shall include the County permit number and the maximum number of vehicles accommodated by off-street parking spaces. 9. Adequate evidence shall be provided that there is sufficient land area to accommodate the proposed use, and that the use and any appurtenant structures are so arranged on the land as to minimize any adverse effects on surrounding properties, and will not create particular hazards to adjacent properties. 10. Zoning: All Vacation Rentals shall conform to the zoning in which they are located including and up to floodplain permitting, shoreline regulations and other applicable building location permits. D. Local Representative: 1. Local Representative. The Owner of the property shall designate a "Local Representative". The Local Representative must be either the Owner or other individual person who resides permanently within 90 minutes of the property, or; a legally operating resort, bed and breakfast establishment, or property Management Company. 2. Change Local Representative. The Local Representative may be changed by the Owner from time to time throughout the term of the permit, by the Owner filing a written notice that includes the name, address and telephone number of the new Local Representative. 3.Failure to notify the County within thirty days (30) of a change in the Local Representative constitutes a Violation and is grounds for a penalty pursuant to this section. 4. Complaints. The Local Representative must be authorized by the Owner to respond to questions or concerns from the occupants or neighbors. The Local Representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the property as a Vacation Rental. The Local Representative must respond to those complaints within seven (7) business days to ensure that the use of the property complies with the standards for Vacation Rental occupancy, as well as other pertinent County code requirements pertaining to noise, disturbances, or nuisances, as well as State law pertaining to the consumption of alcohol, or the use of illegal drugs. 5. Neighbor Notification. The County shall notify property owners and or residents within 300 feet of the property of the issuance of the permit and associated information. The purpose of this notification is so that adjacent property owners and residents can contact the Local Representative and/or Owner to report and request the resolution of problems associated with the operation of the Vacation Rental. E. Violations and Penalties 1. Violations. Failure to comply with the occupancy or other requirements of the Vacation Rental Permit and/or this section, shall constitute a Violation. Disturbances or nuisances caused by the occupants (and their invited guests) of a Vacation Rental that violate the County Codes or State law (Idaho Code 18-6409) shall also constitute a Violation. Penalties for each Violation shall be imposed by the County. 2. Infraction: After receiving two violations in a 12 month period, the County may issue an infraction for any additional violation. An infraction shall be considered a civic public offense, not constituting a crime, and is punishable only by a penalty. 3. Penalties. Any person who has violated the provisions of this section shall be subject to a penalty of three hundred dollars ($300) plus court costs, per occurrence, for which no period of incarceration may be imposed. 4. Revocation. The Planning Department is hereby authorized to revoke any Vacation Rental Permit, issued under the terms of this section, if, after due investigation, it determines that the holder thereof has received five (5) or more violations in a 12 month period. The permit shall be revoked for one year from the date of the fifth (5) violation. The applicant may appeal the planning director decision to revoke a Vacation Rental permit to the Board of County Commissioners, pursuant to the provisions of section 12-261 of this title. Section 3: Severability The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions. Section 4: Effective Date Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 25th day of October, 2017, with an effective date of January 1, 2018, upon the following roll call vote: Chairman Glen Bailey: AYE Commissioner Jeff Connolly: AYE Commissioner Dan McDonald: AYE BONNER COUNTY BOARD OF COMMISSIONERS /S/: Glen Bailey, Chairman /S/:Jeff Connolly, Commissioner /S/:Dan McDonald, Commissioner ATTEST: Michael W. Rosedale, Clerk By: /S/: Jessi Webster Deputy Clerk SNP 5029 NOVEMBER 22, 2017

PUBLIC HEARING NOTICE Notice is hereby given that the East Hope City Council will conduct a public hearing at 5:30 p.m. Tuesday, December 12, 2017, at the East Hope City Hall, 110 School Road, East Hope, Idaho, to consider the following: FILE #AM05-17 CONSTRUCTION CODE AMENDMENT. The City of East Hope proposes to amend its construction codes with the adoption of the latest versions of construction codes approved by the State of Idaho through its rulemaking process. In addition, the proposed amendment includes a table of local design criteria, a list of exempt activities, and an update to the penalties section to reflect maximums allowed by state law for violation of codes. The proposed effective date of the amendment is January 1, 2018. The public may testify or present evidence at the public hearing. Written statements longer than one (1) standard letter-sized, single-spaced page must be submitted no later than 6 calendar days prior to the public hearing. Written statements longer than 1 standard letter-size page will not be accepted at the public hearing. Comments can be sent to PO Box 186, Hope Idaho 83836. Assistance for persons with disabilities may be provided upon verbal request or written notice to city staff at least 24 hours in advance of the meeting. Christy Franck, City Clerk SNP LEGAL 5030 NOVEMBER 22, 2017

SUMMARY OF ORDINANCE NO. 1349 Camping at City Beach AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE TEMPORARY AMENDMENT OF SANDPOINT CITY CODE TITLE 7, CHAPTER 5, SECTION 3, ALLOWING OVERNIGHT CAMPING AT CITY BEACH FROM JUNE 1, 2018, THROUGH SEPTEMBER 30, 2018; PROVIDING THAT THIS CHANGE IN SECTION 7-5-3 SHALL NOT BE CODIFIED DUE TO ITS TEMPORARY NATURE; PROVIDING FOR SEVERABILITY; PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE JUNE 1, 2018, THROUGH SEPTEMBER 30, 2018; AND PROVIDING FOR PUBLICATION. SECTION 1 amends City Code 7-5-3-B; SECTION 2 amends City Code 7-5-3-F-4; SECTION 3 amends City Code 7-5-3-F-10; SECTION 4 provides that this ordinance shall not be codified; SECTION 5 provides for severability; and SECTION 6 provides for publication and an effective date. The full Ordinance is on file with the Sandpoint City Clerk and will be promptly provided during regular business hours to any citizen on personal request. Dated the 15th day of November, 2017. Maree Peck, City Clerk SNP LEGAL 5027 NOVEMBER 22, 2017

SUMMARY OF ORDINANCE NO. 1350 Flood Damage Prevention and Control AN ORDINANCE OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REPEALING SANDPOINT CITY CODE TITLE 8, CHAPTER 4; REPLACING IT WITH A REVISED FLOOD DAMAGE CONTROL ORDINANCE; ESTABLISHING FINDINGS OF FACT; ESTABLISHING PURPOSES AND OBJECTIVES AND METHODS OF REDUCING FLOOD LOSSES; PROVIDING PENALTIES, PROVIDING THAT A VIOLATION OF THIS ORDINANCE SHALL BE A MISDEMEANER PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) OR IMPRISONMENT FOR NOT MORE THAN 180 DAYS, OR BOTH, PROVIDING THAT THESE PROVISIONS SHALL BE DEEMED SEVERABLE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The full Ordinance is on file with the Sandpoint City Clerk and will be promptly provided during regular hours to any citizens on personal request. Maree Peck, City Clerk SNP LEGAL 5028 NOVEMBER 22, 2017

NOTICE OF TRUSTEE'S SALE On the 15th day of March, 2018, at the hour of 11:00 a.m. of this day (recognized local time), in the office of Alliance Title & Escrow Corp., 105 Pine St., Sandpoint, ID 83864, in the County of Bonner, State of Idaho, TitleOne Corporation, an Idaho corporation, as Successor Trustee, will sell at public auction to the highest bidder, for cash or cashier's check (cash equivalent), in lawful money of the United States, all payable at the time of sale in compliance with Section 45-1506(9) Idaho Code, the following described real property, situated in Bonner County, State of Idaho, and described as follows to wit: Lot 11 in Block 1 of Schweitzer Plaza, according to the official plat thereof, filed in Book 4 of Plats at Page 20, records of Bonner County, Idaho. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Trustee has been informed that according to the County Assessor's office, the address of 210 N Triangle Drive, Ponderay, ID 83852, is sometimes associated with said real property. Said sale will be made without covenant or warranty regarding title, possession, or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Timothy J. Tillberg and Annette Tillberg, Husband and Wife, as Grantor(s), to TitleOne Corporation, an Idaho corporation, as Successor Trustee, and Wells Fargo Bank, National Association, as Beneficiary, recorded June 3, 2010, as Instrument No. 793370, in the records of Bonner County, Idaho. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION (45-1506)(4)(A), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The beneficiary hereby gives notice that a breach of obligation for which said transfer in security has occurred, the nature of the breach being: a) The default for which this sale is to be made is the failure to pay when due, under Deed of Trust Note, the monthly payments of $2,988.40, due per month for the month of June 2016 and all subsequent monthly payments of principal, interest, late charges and any miscellaneous fees thereafter. The Principal balance is $397,888.09, the current interest rate is 5.9% per annum, as of October 26, 2017. b) The failure to pay past due real property taxes in Bonner County for the years 2014, 2015 and 2016 in the amount of $23,713.02 and the failure to bring said real property taxes current. All amounts are now due, together with unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and advances made to protect the security associated with this foreclosure and all are accruing until the date of sale, full satisfaction, or reinstatement of the obligation. Therefore, the Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. Dated: 11/15/2017 TITLEONE CORPORATION Successor Trustee By: /S/: Sheri Coleman Trust Officer SNP LEGAL 5022 NOVEMBER 22, 29, DECEMBER 6, 13, 2017