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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.