CHAPTER 28 Title 10 Interpretation, Applicability, Severability, and Penalty
CHAPTER 28
INTERPRETATION, APPLICABILITY,
SEVERABILITY, AND PENALTY
SECTION:
10-28-1: Interpretation
10-28-2: Applicability
10-28-3: Effect on Previous Ordinances and Maps
10-28-4: Severability
10-28-5: Violations--a Public Nuisance
10-28-6: Responsibility for Violations
10-28-7: Penalty for Violation of Ordinance
10-28-1:
INTERPRETATION: In interpreting and applying the provisions of this ordinance, they
shall be held to be the minimum requirements for promoting the public health, safety, convenience,
comfort and general welfare of the community. When the requirements of this ordinance impose
higher requirements that are imposed or required by existing provisions of law or ordinance, the
provisions of this ordinance shall govern.
It is the intent of this ordinance not to interfere with or nullify any easement, covenants or
agreements which are not in conflict with the provisions of this ordinance.
10-28-2:
APPLICABILITY: The provisions of this ordinance are applicable not only to private
persons, agencies and organizations, but also to all public agencies and organizations to the full
extent that they may be enforceable in connection with the activities of any such public agencies or
organizations.
10-28-3:
EFFECT ON PREVIOUS ORDINANCES AND MAPS: The existing ordinances
covering the zoning of the property within the limits of Ammon, Idaho, and all subsequent ordinances
amending said ordinance, together with all maps which are a part of such ordinances, be and the
same are hereby superseded, amended, changed and modified to read as set forth herein. Any
illegal or unauthorized use of land, buildings or structures and any illegal building or structure which
was illegal or unauthorized under the terms of said ordinances, or any subsequent amendment
thereto, be, and the same shall remain, illegal and unauthorized unless specifically permitted under
the terms of this ordinance.
10-28-4:
SEVERABILITY: This ordinance and the various parts, sections and clauses are
hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is
adjudged unconstitutional or invalid, it is hereby declared that the remainder of the ordinance shall
not be affected thereby. The City Council of Ammon hereby declares that it would have passed this
ordinance, and each part, section, paragraph, sentence, clause and phrase thereof, irrespective of
the fact that only one or more portions thereof be declared invalid.
28-1 ADOPTED 7-20-2012
10-28-5:
VIOLATIONS-A PUBLIC NUISANCE: Any building or structure which has been set up,
erected, constructed, altered, enlarged, converted, moved, remodeled or maintained contrary to the
provisions of this ordinance, and any use of land or building or premises established, conducted,
maintained or operated contrary to the provisions of this ordinance, are hereby declared to be
unlawful and opposed to the orderly development of the community and shall therefore be
considered a public nuisance.
10-28-6:
RESPONSIBILITY FOR VIOLATIONS: It shall be the duty of all architects,
contractors, subcontractors, builders and other persons having to do with the establishment of any
use of land or the erection, altering, changing or remodeling of any building or structure to see that a
proper permit has been granted before such work is begun. Any such architect, builder, contractor
or other person doing or performing any such work without a permit having been issued is in conflict
with the requirements of this ordinance in the same manner and to the same extent that the owner of
the premises or the persons for whom the use is established, or for whom such buildings are erected
or altered, and shall be subject to the penalties herein prescribed for violation.
10-28-7:
PENALTY FOR VIOLATION OF ORDINANCE: Any person, firm or corporation,
whether as principal, agent, employee or otherwise, who fails to comply with any Notice to
Correct within the time specified, or who shall erect, construct or reconstruct any building in any
zone within Ammon without first obtaining a permit therefor from the Building Department, or who
fails to maintain or comply with conditions as required herein, shall be guilty of a misdemeanor.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, who shall
change the use of any building or other structure or use of any land, or shall fail to comply with
conditions applicable to the use of any land within the City of Ammon in violation of the
provisions of this ordinance, shall be deemed guilty of a misdemeanor and shall be subject to
penalties prescribed for such violations under section 1-4-1 of this code. Any person, firm or
corporation, whether as principal, agent, employee or otherwise who fails to comply with the
conditions and or requirements of an adopted policy of the City of Ammon Planning Department
shall be guilty of an infraction and shall be subject to penalties prescribed for such violations
under section 1-4-2 of this code.
Such person, firm or corporation violating this ordinance, or any part thereof, shall be deemed to be
guilty of a separate offense for each and every day during which said violation is committed,
continued or permitted by such person, firm or corporation and shall be punishable as provided by
law as a separate offense.
28-2 ADOPTED 7-20-2012