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BUILDING LOCATION

| October 1, 2005 9:00 PM

PERMIT AMENDMENT REGARDING

FEES AND DEFINITIONS

AN ORDINANCE OF BONNER COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY; AMENDING CHAPTER 1 OF TITLE 11, BONNER COUNTY REVISED CODE, BY ESTABLISHING THE ADOPTION OF FEES BY RESOLUTION, DEFINING "START OF CONSTRUCTION AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Board of Commissioners has established a building location permit process in the unincorporated areas of Bonner County; and

WHEREAS, the Board also desires to confirm that work is being conducted in accord with approved building location permits by conducting site visits; and

WHEREAS, the Board desires to establish a process to adjust fees by resolution of the Board of Commissioners and to adjust the building location permit fees to reflect the costs for processing the permits and reviewing the sites, and desires such fees be reasonably related to, but not exceed, the actual costs and be paid for by those requiring the service, thereby defraying the costs to the taxpayers as a whole; and

WHEREAS, the Board also desires to define "start of construction" for purposes of the administration of Title 11; and WHEREAS, the Board did conduct a duly noticed public hearing on September 27,2005, pursuant to Idaho Code $63- 13 11 A;

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 Idaho Code, Title 31, Chapter 8, Title 63, Chapter 11, and pursuant to the procedural requirements of Idaho Code, $63-131 1A.

SECTION 2: AMENDING CHAPTER 1 OF TITLE 11, BONNER COUNTY REVISED CODE, BY REVISING THE BUILDING LOCATION PERMIT APPLICATION FEES.

PART A:

Section 11-108, of the Bonner County Revised Code is repealed in its entirety and a new Section 11-108 is hereby adopted which shall read as follows:

11-108, Building location permit fees.

(a)The Board of County Commissioners shall, by resolution, establish a fee schedule for

building location permits, time extensions, investigation of work without permits and other building location permit related matters. A copy of the official fee schedule shall be maintained by the Bonner County Planning Department and shall be available for public inspection during normal business hours.

(b) Building location permit applications to be processed under the terms of this title shall

be accompanied by a filing fee as set forth by the Official Fee Schedule of Bonner County, Title 11, Bonner County Revised Code.

(c) All filing fees shall be payable to the Bonner County planning department and are nonrefundable. No permit shall become effective until all fees have been paid. (Ord. 428, 7-4-2002)

PART B:

Section 11-109 of the Bonner County Revised Code is hereby amended to read as follows: 11-109, 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 as set forth by the Official Fee Schedule of Bonner County, Title 11, Bonner County Revised Code 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 planning department. (Ord. 449,2- 13-2004)

SECTION 3: AMENDING CHAPTER 1 OF TITLE 11, BONNER COUNTY REVISED CODE, BY PROVIDING A DEFINITION FOR THE START OF CONSTRUCTION.

PART A:

Section 11-101 of the Bonner County Revised Code is hereby amended to read as follows: 11-1 01, Building location permits required. No building, residence or structure subject to the provisions of this title shall be erected, constructed, set, placed, installed, enlarged, extended, moved, or converted in unincorporated Bonner County without first procuring a building location permit from the Bonner County planning department. Applications for such permit shall be made on forms provided by the planning department. For the

purposes of the administration of this Title, start of construction is defined as the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured or pre-fabricated home or structure on the site.

SECTION 4: 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 5: 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.

Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 27th day of September , 2005, upon the following roll call vote:

Chairman Marcia L. Phillips: Aye

Commissioner Karl J. Dye: Aye

Commissioner Joe E. Young: Aye

BONNER COUNTY BOARD OF COMMISSIONERS

/s/

Marcia L. Phillips, Chairman

/s/

Karl J. Dye, Commissioner

/s/

Joe E. Young, Commissioner

ATTEST:

Marie Scott, Clerk

Legal 7300

October 1, 2005

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