HomeMy Public PortalAboutOrd. 683 - Governing Body For P&ZORDINANCE NO. 683
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
GOVERNING BODY FOR PLANNING AND ZONING MATTERS; PROVIDING
THAT THE VALLEY COUNTY BOARD OF COUNTY COMMISSIONERS SHALL
BE THE GOVERNING BODY FOR LEGISLATIVE ACTION RESPECTING THE
AREA OF CITY IMPACT; MAKING CONFORMING AMENDMENTS,
CLARIFYING ENFORCEMENT AND ENFORCEMENT OPTIONS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Section 3-1-030 of the McCall City Code respecting Planning Commissions
and their governing board is amended by adding the following:
C. Wherever the words Planning Commission and/or the Commission appear in
the rest of this Title they refer to whichever of the foregoing commissions has
jurisdiction of the matter in question. The Council is the Governing Board in
legislative matters for the City, and in quasi-judicial or administrative matters
for both the City and the Impact Area Commission^,•, the Board is the
Governing Board in legislative matters for the Impact Area is the Council.
Section 2. Section 3-32-070 of the McCall City Code respecting procedures applicable
among other things to amendment of the Zoning Map is amended by adding the
following:
(E) If an amendment to the Zoning Map, or a planned unit development or planned
community is proposed with respect to lands in the Impact Area. and the action
proposed would be of legislative, rather than quasi-judicial scope as those terms
are understood in land use planning law, then final action must also include
approval of the amendment or proposal by the Board. whether by identical
County ordinance or by County ordinance referrina to the City ordinance. after
public hearing conducted jointly with the Council. Nothing in this paragraph shall
be read to preclude approval by both Council and Board where doubt exists as to
the legislative or quasi-judicial character of a particular action respecting the
Zoning Map, planned unit development, or planned community.
Section 3. Section 3-33-010 of the McCall City Code respecting procedures for the
amendment of that Title is amended to read as follows:
3-33-010. GENERAL REGULATION. The City Council may, after receipt of a
recommendation from the Planning Commission, and subject to procedures provided by
law, amend, supplement, or repeal any part of this Title: provided, however. that any such
amendment not expressly declared to apply only to lands within the City before it may be
effective in the Impact Area must also be adopted by identical County ordinance or by
County ordinance referring to the City ordinance. by the Board after public hearing
conducted jointly with the Council.
Section 4. Section 3-35-030 of the McCall City Code respecting procedures for the
amendment of that Title is amended to read as follows:
(B) If an investigation discloses that there is a reasonable basis for believing that a
violation exists, the Administrator or the Administrator's staff, or the appropriate
law enforcement agency, shall follow the following procedure, unless the Zoning
Administrator determines that prompt criminal prosecution or authorization of
prompt civil action should be requested:
1. Issue and serve upon the person alleged to have violated this ordinance
a written notice. This notice shall specify the provision of this ordinance,
variance or permit which has been violated; the extent and manner in
ORDINANCE NO. 683 page 1 of 2
Adopted as constitutionally required, and as administrative clarification, and printed June 30,1995.
Adopted during June 30 early AM portion of June 29th meeting.
which the ordinance, variance or permit has been violated, and the
procedure for the person to contest the allegation. A copy of this notice
shall be delivered to the City Attorney. and if the property is located in the
Impact Area. also the Valley County Prosecuting Attorney.
Section 5. Section 3-35-060 of the McCall City Code respecting procedures for the
amendment of that Title is amended to read as follows:
(B) Civil Penalties shall be as follows:
1. Each violation of this Title, or of the conditions of approval of a variance,
planned unit development, or conditional use, and each day of each such
violation, shall be considered a separate civil offense.
2. Each person acting as a principal, and each person acting as an agent,
violating this Title, or the conditions of approval of a variance, planned
unit development, or conditional use, shall be responsible for the civil
offense.
3. Each civil offense shall be punishable by a civil penalty not to exceed
$1,000.00 per day or per violation, whichever is greater.
4. The City. and if the property is located in the Impact Area. also Valley
County, shall also be entitled to recover, in any action for a civil penalty,
its actual costs of investigation, enforcement, and mitigation, together
with interest, court costs, and attorneys fees at the prevailing hourly rate
for attorneys practicing law in McCa!l Valley County, notwithstanding that
the City Attorney and Valley County Prosecuting Attorneys are -is
salaried, at the option of the City or County. as the case may be.
Section 6. Section 3-35-040 of the McCa11 City Code respecting procedures for the
amendment of that Title is amended to read as follows:
3-35-040. CIVIL AND CRIMINAL ENFORCEMENT. Nothing in this
ordinance respecting notice and administrative process or any other matter shall preclude
the Council or Board from instituting any cause of action against any person f}fQr, any
relief legally available under the circumstances. nor preclude the City Attorney or the
Valley County Prosecuting Attorney from commencing criminal enforcement at the
request of the Zoning Administrator.
Section 7. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Passed and approved June 30, 1995 (testing of June 29th).
tAL9
Dean Martens
Mayor
ames H. Henderson,
City Clerk
ORDINANCE NO. 683 page 2 of 2
Adopted as constitutionally required, and as administrative clarification, and printed June 30, 1995.
Adopted during June 30 early AM portion of June 29th meeting.
City of McCa11
Certificate of Recording Officer
State of Idaho )
County of Valley )
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby
certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the
proceedings of the Council of the City of McCall, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 683 is a true and correct copy of an ordinance passed at a
regular meeting of the Council of the City of McCall held on June 29, 1995, and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance with law and
to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was
present throughout the meeting and that a legally sufficient number of members of the Council voted in the proper
manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the
proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am
authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall,
Idaho this 30th day of June 1995.
James H. Henderson, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE NO. 683, a copy of which is enclosed hereto and is
a part hereof, was published in said newspaper once a week for one consecu-
tive week in the regular and entire issue of every number there of during the
period of time of publication, and was published in the newspaper proper and
not in a supplement; and that publication of such notice began July 13, 1995
nded July 13, 1995.,
Subscribed and swo
STATE OF IDAHO
COUNTY OF VALL
before m
this the 13th day of July, 1995.
On this 13th day of July, in the year of 1995, before me, a Notary
Public, personally appeared Ramona A. French, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
'
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
' ORDINANCE NO: 683
AN ORDINANCE OF THE CITY OF
.McCALL, IDAHO, RELATING TO THE
GOVERNING B ODY FOR PLANNING AND
ZONING MATTERS; PROVIDING THAT
THE VALLEY COUNTY BOARD, OF
COUNTY COMMISSIONERS SHALL BE
THE GOVERNING BODY FOR LEGISLA-
TIVE ACTION RESPECTING THE AREA
OF CITY IMPACT; MAKING CONFORM-
ING AMENDMENTS, CLARIFYING
ENFORCEMENT AND ENFORCEMENT
OPTIONS, AND PROVIDING AN El-1.PC-
TIVE DATE. •
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. Section 3-1-030 of the McCall
City Code respecting Planning Commissions
and their governing board is amended by add-
ing the following:
C. Wherever the words Planning Commis-
sion and/or the Commission appear in the rest.
of • this Title they refer to whichever of the
foregoing commissions has jurisdiction of the
matter in question. The Council is the Govern-
ing Board in legislative matters for the City
and -in quasi-judicial or administrative matters
for both the City and the Impact Area CO rim
signs: the Board is the Governing Board in
legislative matters for the Impact Area i. '
Section 2. Section 3-32-070 of the McCall
City Code respecting procedures applicable
among other things to amendment of "the Zon-
ing Map is amended by adding the following:
(E) If an amendment to the Zoning Map, or
a planned unit development or planned com-
• munity is proposed with respect to lands in the
Impact Area, and the action proposed wouldbe •
of legislative, rather than quasi-judicial scope
as those terms 'are understood in land use plan-
ning law, then final action must also include
approval of the amendment or -proposal by the
Board, whether by identical County ordinance
or by County ordinance referring to the City
• ordinance, after public hearing conducted jointly
with the Council. Nothing in this paragraph
shall be read to preclude approval by both
Council and Board where doubt exists as to the
, legislative or quasi judicial•character of a par-
' titular action respecting the' Zoning Map,
' planned unit development, or planned commu-
nity. _ • -
4. The City, and if the property is located in
the Impact Area. also Valley County shallalso
be entitled to recover, in any action for a civil
penalty, its actual costs of investigation, en-
forcement, and mitigation, together with
interest, court costs, and attorneys fees at the
prevailing hourly rate for attorneys practicing
law in Meatil Valley County, notwithstanding .
that the City Attorney and Valley County Pros-
ecuting Attorneys are -is salaried, at the option
of the City or County, as the case may be.
Section 6. Section 3-35-040 of the McCall
City Code respecting procedures for the amend-
ment of that Title is amended to read as follows:
3-35-040. CIVIL AND CRIMINAL EN-
FORCEMENT. Nothingin this ordinance
respecting notice and administrative process or
any other matter shall preclude the Councilor
Board from instituting any cause of action
against any person afor any relief legally avail-
able under the circumstances, nor preclude the
City Attorney or the Valley County Prosecut-
ing Attorney from 'commencing criminal
enforcement at the request of the Zoning Ad-
ministrator.
Section 7. This Ordinance shall be in full
force and 'effect from and after its passage,
approval and publication as required by law.
Passed and approved June 30, 1995 (meet-
ing of June 29th).
Dean Martens, Mayor
ATTEST: James H. Henderson, City Clerk i
1t7/l3
Section 3. Section 3-33-010 of the McCall
City Code respectingprocedures for the amend-
. ment of that Title is amended to read as follows:
3-33-010. GENERAL REGULATION.
The City Council may, after receipt of a recom-
'-mendation from thePlanning Commission, and_.
subject to procedures provided by law, amend,
supplement, or repeal any part of this Title;
provided. however. that any such amendment
,'not expressly declared to apply only to lands
within the City before it may be effective in the
Impact Area must also be adopted by identical
— County ordinance or by County ordinance re-
ferring to the City ordinance. by the Board after
public hearing conducted jointly with the Coun-
cil. -
Section 4. Section 3-35-030 of the McCall
City Code respecting procedures for the amend-
ment of that Title is amended to read as follows:
(B) If an investigation discloses that there
is a reasonable basis for believing that a viola-
tion exists, the Administrator or , the
Administrator's staff, or the appropriate law
enforcement agency, shall follow the follow-
ing procedure. unless the Zoning Administrator
determines that prompt criminal prosecution or
authorization of prompt civil action should be
requested:' - •
1. Issue and serve upon the person alleged
to have violated this ordinance a written notice.
This notice shall specify the provision of this
• ordinance, variance or permit which has been
violated; the extent and manner in which the
ordinance, variance or permit has been vio-
lated. and the procedure for the person to contest
the allegation. A copy of this notice shall be -
delivered to the City Attorney. and if the prop- •
erty is located in -the Impact Area, also the
Valley County Prosecuting Attorney. -
' Section 5. Section 3-35-060 of the McCall
City Code respectingprocedures. for the amend-
ment ofthat Title is amended to read as follows:
(B) Civil Penalties shall be as follows;
1. Each violation of this Title, or of the
conditions of approval of a variance, planned
unit development, or conditional use, and each
day of each such violation, shall be considered
a separate civil offense.
2. Each person acting as a principal, and
each person acting as an agent, violating this
Title, or the conditions of approval of a vari-
ance, planned unit development, or conditional
use, shall be responsible for the civil offense.
3. Each civil offense shall be punishable by
a civil penalty not to exceed $1,000.00 per day
or per violation, whichever is greater.