9-11-4: AMENDMENT TO ADB, BOARD OF APPEALS, SECTIONS 205.1 AND 205.2:

Sections 205.1 and 205.2 of the ADB are amended to read as follows:

Appeal, Section 205.1. Any person, firm or corporation aggrieved by the determination of a dangerous building in accordance with the definitions contained in section 302 or by any action or decision of the Planning and Development Services Department arising out of the enforcement of this chapter may appeal the same to the Boise City Council. Such appeal shall be made in writing and must be filed with the City Clerk within ten (10) calendar days after the action or decision which is the subject of the appeal. An appeal shall not prevent the City from taking emergency action to protect life and safety if necessary.

(1952 Code § 4-11-04)

Civil Penalties And Procedure, Section 205.2.

   a. Upon receipt of written notice of a civil penalty, the violator shall within ten (10) days pay the penalty or file a written request for a hearing with the Boise City Council. Such written notice shall be accompanied by a check in such amount as established by the City Council made payable to Boise City. If the civil penalty imposed against the applicant is overturned by Boise City Council, the review fee shall be returned. Notice of the public hearing for the review hearing shall be given by the department mailing the notice to the last known address provided by the applicant. Upon issuance of the decision, applicant shall have fourteen (14) calendar days within which to pay the civil penalty.

(1952 Code § 4-11-04; amd. 2019 Code)

   b. When determining if a civil penalty is warranted, Boise City Council shall consider the following:

      (1) If the violation does not create a serious life safety hazard, did the City warn the person or his agent violating the Code prior to issuing a civil penalty?

      (2) Did the violation continue or was a subsequent violation discovered, that warranted the City to issue a civil penalty?

      (3) Did the violation create a serious life safety hazard, so that the City was warranted in issuing a civil penalty even though a prior warning was not given?

      (4) Did the person or his agent regularly take out permits, and thus should have had knowledge of what the Code required?

      (5) Did the person or his agent receive adequate warning notice of the Code violation or a similar Code violation?

      (6) Does the person or his agent regularly violate the Code?

(1952 Code § 4-11-04)

Chapter 5, Appeal, of the ADB is deleted and repealed in entirety.

(1952 Code § 4-11-05)

Chapter 6, Procedures for Conduct of Hearing Appeals, of the ADB, is deleted and repealed in entirety.

(1952 Code § 4-11-06)

Chapter 8 of the ADB is amended to read as follows:

Project Costs, Section 801.1. The Director of Planning and Development Services shall prepare an itemized report of the expenses that will be incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of section 701.3, item 3 of this Code, and section 9-11-8 of the Boise City Code.

Notice Of Hearing, Section 801.2. Upon receipt of said report, the City Clerk shall within ten (10) days or sooner if deemed necessary by PDS, present the itemized report of expenses to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be published once in a newspaper of general circulation in this jurisdiction.

Notice, Section 801.2.2. The Director of Planning and Development Services shall cause notice of said hearing to be posted upon the property involved, and served by certified mail, to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the County. Such notice shall be given at least ten (10) days or as reasonably possible prior to the date set for the hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the Director of Planning and Development Services or designee's report, together with any objections or protests which have been filed by any person, firm or corporation aggrieved by the proposed charge.

Procedure, Section 801.3. If City Council directs any work of repair or demolition to be done pursuant to section 701.3, item 3, of this Code, the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of the Director of Planning and Development Services. Plans and specifications therefor may be prepared by the Director, or the Director may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard Boise City contractual procedures shall be followed.

Repair And Demolition Fund, Section 802.1. The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Director to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

(1952 Code § 4-11-7)