Title 01 Administration_Amd 20140224TITLE 1
ADMINISTRATION
Subject Chapter
Official County Code 1 Saving Clause 2 Definitions 3
General Penalty 4 Board of County Commissioners 5 County Officers & Employees 6
Clerk of the District Court 6A County Treasurer 6B County Assessor 6C
County Prosecutor 6D County Sheriff 6E County Coroner 6F
Initiative & Referendum 7 Policies 8 Nonmedical Assistance to Indigents 8A
Fair Housing 8B Alternate Form of Notice 9 Procedures Governing the Imposition of
Administrative Fines
10
Teton County
1-1-1 1-1-3
CHAPTER 1
OFFICIAL COUNTY CODE
SECTION:
1-1-1:
1-1-2:
1-1-3:
1-1-4:
Title Acceptance
Amendments
Code Alterations
1-1-1: TITLE: Upon the adoption by the board of county
commissioners, this county code is hereby declared to be and
shall hereafter constitute the official county code of Teton County, state of
Idaho. This county code of ordinances shall be known and cited as the
TETON COUNTY CODE and is hereby published by authority of the board
of county commissioners and shall be supplemented to incorporate the
most recent legislation of the county as provided in section 1-1-3 of this
chapter. Any reference to the number of any section contained herein shall
be understood to refer to the position of the same number, its appropriate
chapter and title heading, and to the general penalty clause relating thereto,
as well as to the section itself, when reference is made to this county code
by title in any legal documents. (2001 Code)
1-1-2: ACCEPTANCE: This county code, as hereby presented in
printed form, shall hereafter be received without further proof
in all courts and in administrative tribunals of this state as the ordinances of
the county of general and permanent effect, except the excluded
ordinances enumerated in section 1-2-1 of this title. (2001 Code)
1-1-3: AMENDMENTS: Any ordinance amending the county code
shall set forth the title, chapter and section number of the
section or sections to be amended, and this shall constitute sufficient
compliance with any statutory requirement pertaining to the amendment or
revision by ordinance of any part of this county code. All such amendments
or revisions by ordinance shall be immediately forwarded to the codifiers,
Teton County
1-1-3 1-1-4
and the said ordinance material shall be prepared for insertion in its proper
place in each copy of this county code. Each such replacement page shall
be properly identified and shall be inserted in each individual copy of the
county code. (2001 Code)
1-1-4: CODE ALTERATIONS: It shall be deemed unlawful for any
person to alter, change, replace or deface in any way any
section or any page of this county code in such a manner that the meaning
of any phrase or order may be changed or omitted. Replacement pages
may be inserted according to the official instructions when so authorized by
the board of county commissioners. The clerk of the district court shall see
that the replacement pages are properly inserted in the official copies
maintained in the office of the clerk. Any person having custody of a copy of
the county code shall make every effort to maintain said code current as to
the most recent ordinances passed. Such person shall see to the immediate
insertion of new or replacement pages when such are delivered or made
available to such person through the office of the clerk of the district court.
Said code books, while in actual possession of officials and other interested
persons, shall be and remain the property of the county and shall be
returned to the office of the clerk of the district court when directed so to do
by order of the board of county commissioners. (2001 Code)
Teton County
1-2-1 1-2-2
CHAPTER 2
SAVING CLAUSE
SECTION:
1-2-1:
1-2-2:
1-2-3:
1-2-4:
Repeal Of General Ordinances
Public Ways And Public Utility Ordinances
Court Proceedings
Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES: All general
ordinances of the county passed prior to the adoption of this
county code are hereby repealed, except such as are included in this
county code or are by necessary implication herein reserved from repeal
subject to the saving clauses contained in the following sections), and
excluding the following ordinances which are not hereby repealed: tax levy
ordinances; appropriation ordinances; ordinances relating to boundaries
and annexations; franchise ordinances and other ordinances granting
special rights to persons or corporations; contract ordinances and
ordinances authorizing the execution of a contract or the issuance of
warrants; salary ordinances; ordinances establishing, naming or vacating
streets, alleys or other public places; improvement ordinances; bond
ordinances; ordinances relating to elections; ordinances relating to the
transfer or acceptance of real estate by or from the county; and all special
ordinances. (2001 Code)
1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES: No
ordinance relating to railroad crossings with streets and other
public ways, or relating to the conduct, duties, service or rates of public
utilities shall be repealed by virtue of the adoption of this county code or by
virtue of the preceding section, excepting as the county code may contain
provisions for such matters, in which case, this county code shall be
considered as amending such ordinance or ordinances in respect to such
provisions only. (2001 Code)
Teton County
1-2-3: COURT PROCEEDINGS:
A. Prior Acts: No new ordinance shall be construed or held to repeal a
former ordinance, whether such former ordinance is expressly
repealed or not, as to any offense committed against such former
ordinance or as to any act done, any penalty, ·forfeiture or
punishment so incurred, or any right accrued or claim arising under
the former ordinance, or in any way whatever to affect any such
offense or act so committed or so done, or any penalty, forfeiture or
punishment so incurred or any right accrued or claim arising before
the new ordinance takes effect, save only that the proceedings
thereafter shall conform to the ordinance in force at the time of such
proceeding, so far as practicable. If any penalty, forfeiture or
punishment may be mitigated by any provision of a new ordinance,
such provision may be, by consent of the party affected, applied to
any judgment announced after the new ordinance takes effect.
B. Scope Of Section: This section shall extend to all repeals, either by
express words or implication, whether the repeal is in the ordinance
making any new provisions upon the same subject or in any other
ordinance.
C. Actions Now Pending: Nothing contained in this chapter shall be
construed as abating any action now pending under or by virtue of
any general ordinance of the county herein repealed, and the
provisions of all general ordinances contained in this code shall be
deemed to be continuing provisions and not a new enactment of the
same provisions; nor shall this chapter be deemed as discontinuing,
abating, modifying or altering any penalty accrued or to accrue, or as
affecting the liability of any person, firm or corporation, or as waiving
any right of the county under any ordinance or provision thereof in
force at the time of the adoption of this county code. (2001 Code)
1-2-4: SEVERABILITY CLAUSE: If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
county code or any part thereof or any portion adopted by reference herein
is for any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this code, or any part thereof, or
any portion adopted by reference herein. The board of county
commissioners hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional, invalid or ineffective. (2001 Code)
Teton County
1-3-1 1-3-2
CHAPTER 3
DEFINITIONS
SECTION:
1-3-1:
1-3-2:
1-3-3:
1-3-1:
A.
B.
Construction Of Words
Definitions, General
Catchlines
CONSTRUCTION OF WORDS:
Whenever any word in any section of this county code importing the
plural number is used in describing or referring to any matters,
parties or persons, any single matter, party or person shall be
deemed to be included, although distributive words may not have
been used. When any subject matter, party or person is referred to
in this county code by words importing the singular number only, or a
particular gender, several matters, parties or persons and the
opposite gender and bodies corporate shall be deemed to be
included; provided, that these rules of construction shall not be
applied to any section of this county code which contains any
express provision excluding such construction or where the subject
matter or context may be repugnant thereto.
The word "ordinance" contained in the ordinances of the county has
been changed in the content of this county code to "title", "chapter",
section" and/or "subsection" or words of like import for
organizational and clarification purposes only. Such change to the
county's ordinances is not meant to amend passage and effective
dates of such original ordinances. (2001 Code)
1-3-2: DEFINITIONS, GENERAL: Whenever the following words or
terms are used in this code, they shall have such meanings
herein ascribed to them unless the context makes such meaning repugnant
thereto:
Teton County
1-3-2 1-3-2
AGENT: A person acting on behalf of another with
authority conferred, either expressly or by
implication.
BOARD: The board of county commissioners of Teton
County, Idaho.
CLERK: The county recorder, auditor and clerk of the
district court of the county of Teton, state of
Idaho.
CODE: The county code of Teton County.
COMMISSIONERS: The board of county commissioners, Teton
County, Idaho.
COUNTY: The county of Teton, state of ldaho 1 •
EMPLOYEES: Whenever reference is made in this code to a
county employee by title only, this shall be
construed as though followed by the words "of
Teton County".
GENDER: A word importing either the masculine or
feminine gender only shall extend and be
applied to the other gender and to persons.
LICENSE: The permission granted for the carrying on of a
business, profession or occupation.
NUISANCE: Anything offensive to the sensibilities of
reasonable persons, or any act or activity
creating a hazard which threatens the health
and welfare of inhabitants of the county, or any
activity which by its perpetuation can
reasonably be said to have a detrimental effect
on the property of a person or persons within
the community.
OCCUPANT: As applied to a building or land, shall include
any person who occupies the whole or any part
1. I.C. § 31-125.
Teton County
1-3-2 1-3-2
of such building or land whether alone or with
others.
OFFENSE: Any act forbidden by any provision of this code
or the omission of any act required by the
provisions of this code.
OFFICERS: Whenever reference is made in this code to a
county officer by title only, this shall be
construed as though followed by the words "of
Teton County".
OPERATOR: The person who is in charge of any operation,
business or profession.
OWNER: As applied to a building or land, shall include
any part owner, joint owner, tenant in common,
joint tenant or lessee of the whole or of a part of
such building or land.
PERSON: Any public or private corporation, firm, partner-
ship, association, organization, government or
any other group acting as a unit, as well as a
natural person.
PERSONAL
PROPERTY:
Shall include every description of money,
goods, chattels, effects, evidence of rights in
action and all written instruments by which any
pecuniary obligation, right or title to property is
created, acknowledged, transferred, increased,
defeated, discharged or diminished and every
right or interest therein.
STREET: Shall include alleys, lanes, courts, boulevards,
public ways, public squares, public places and
sidewalks.
TENANT: As applied to a building or land, shall include
any person who occupies the whole or any part
of such building or land, whether alone or with
others.
WRITTEN, IN
WRITING:
May include printing and any other mode of
representing words and letters, but when the
Teton County
1-3-2 1-3-3
written signature of any person is required by
law to any official or public writing or bond, it
shall be in the proper handwriting of such
person, or in case such person is unable to
write, by his proper mark. (2001 Code)
1-3-3: CATCHLINES: The catchlines of the several sections of the
county code are intended as mere catchwords to indicate the
content of the section and shall not be deemed or taken to be titles of such
sections, nor be deemed to govern, limit, modify or in any manner affect the
scope, meaning or intent of the provisions of any division or section hereof,
nor unless expressly so provided, shall they be so deemed when any of
such sections, including the catchlines, are amended or reenacted. (2001
Code)
Teton County
1-4-1 1-4-2
CHAPTER 4
GENERAL PENALTV
SECTION:
1-4-1:
1-4-2:
1-4-3:
1-4-1:
A.
B.
1-4-2:
A.
General Penalty
Application Of Provisions
Liability Of Officers
GENERAL PENALTY1
Infraction: Every offense declared to be an infraction is punishable
only by a penalty not exceeding one hundred dollars ($100.00) and
no imprisonment.
Misdemeanor: Except in cases where a different punishment is
prescribed by the ordinances of the county, every offense declared
to be a misdemeanor is punishable by imprisonment in the county
jail not to exceed six (6) months or by a fine not exceeding three
hundred dollars ($300.00), or by both such fine and imprisonment,
and, in addition thereto, any person so convicted shall pay such
costs as the court may assess. (2001 Code)
APPLICATION OF PROVISIONS:
Application Of Penalty: The penalty provided in this chapter shall be
applicable to every section of this code and ordinance of the county
the same as though it were a part of each and every separate
section or ordinance. Any person convicted of a violation of this
county code or any ordinance of Teton County where any duty is
prescribed or obligation imposed, or where any action which is of a
continuing nature is forbidden or is declared to be unlawful, shall,
unless otherwise provided, be deemed guilty of a misdemeanor. A
separate offense shall be deemed committed for each day such duty
1. I.C. §§ 18-111, 18-113, 18-113A and 31-714.
Teton County
1-4-2
or obligation remains unperformed or such act continues, unless
otherwise specifically provided in this county code.
B. Imposition Of Penalty: In all cases where the same offense is made
punishable or is created by different clauses or sections of this
county code, the prosecuting officer may elect under which to
proceed; but not more than one recovery shall be had against the -
same person for the same offense; provided, that the revocation of a
license or permit shall not be considered a recovery or penalty so as
to bar any other penalty being enforced.
C. Breach Of Provisions: Whenever the doing of any act or the
omission to do any act constitutes a breach of any section or
provision of this county code and there shall be no fine or penalty
specifically declared for such breach, the provisions of this chapter
shall apply. (2001 Code)
1-4-3: LIABILITY OF OFFICERS: No provision of this county code
designating the duties of any officer or employee shall be so
construed as to make such officer or employee liable for any fine or penalty
provided for a failure to perform such duty, unless the intention of the board
of county commissioners to impose such fine or penalty on such officer or
employee is specifically and clearly expressed in the section creating the
duty. (2001 Code)
Teton County
1-5-1 1-5-2
CHAPTER 5
BOARD OF COUNTY COMMISSIONERS
SECTION:
1-5-1 :
1-5-2:
1-5-3:
1-5-4:
1-5-5:
Board Established; Election And Terms Of Office
Qualifications
Bond
Organization; Meetings
Powers And Duties
1-5-1: BOARD ESTABLISHED; ELECTION AND TERMS OF
OFFICE: There is hereby established a board of county
commissioners which shall consist of three (3) members, one from each
district in the county. At the general election in 1936, two (2) members were
elected for a term of two (2) years and one member for a term of four (4)
years; at each biennial election thereafter, one member is to be elected for
a term of two (2) years and one for a term of four (4) years, it being further
provided that at the general election in 1936, the commissioner from county
commissioner district No. 1 shall be elected for a term of four (4) years, and
that the four (4) year term shall be allotted thereafter in rotation to district
Nos. 2, 3 and 1 1 • (2001 Code)
1-5-2: QUALIFICATIONS: No person shall be elected to the board
of county commissioners, unless such person has attained
the age of twenty one (21) years at the time of the election, is a citizen of
the United States and shall have resided in the county one year next
preceding his election and in the district which he represents for a period of
ninety (90) days next preceding his election2 • (2001 Code)
1-5-3: BOND: Each county commissioner shall execute an official bond
in the sum of five thousand dollars ($5,000.00)1 • (2001Code)
1. I.C. §§ 31-701,31-703.
2. I.C. § 34-617.
Teton County
1-5-4 1-5-4
1-5-4: ORGANIZATION; MEETINGS:
A. Officers:
1. Chairman: The members of the board of county commissioners
shall, at their first regular meeting on the second Monday of January
next after their election, elect a chairman from their number.
2. Clerk2 : The county auditor is .ex officio clerk of the board of
county commissioners. The clerk of the board of county
commissioners shall have the duties as set out in Idaho Code
section 31-708, as amended. (2001 Code)
B. Meetings:
1. Regular Meetings: The regular meetings of the Board of County
Commissioners will be held on the second and fourth Mondays of each
month. These regular meetings will be held in the Commissioners’
Meeting Room of the Courthouse unless notice is otherwise given. When
meeting date falls on a holiday, the meeting will be held on the day after
the holiday but not on a Saturday or Sunday.
All meetings and hearings will be held pursuant to Idaho Code, the Teton
County Public Hearing Procedures and under authority of the Idaho Local
Planning Act, the Teton County Comprehensive Plan, Teton County Zoning
Regulations and the Teton County Subdivision Regulations.
When meeting date falls on a holiday, the meeting will be held on the day
after the holiday but not on a Saturday or Sunday.
Ord. 92-2, 12-14-1992; amd. 2001, amd. 2007, amd. 2014)
2. Adjourned Meetings: Adjourned meetings may be provided for,
fixed and held for the transaction of business, by an order duly
entered of record, in which must be specified the character of
business to be transacted at such meetings, and none other than
that specified must be transacted.
3. Special Meetings: If, at any time after the adjournment of a regular
meeting, the business of the county requires a meeting of the board
of county commissioners, a special meeting may be ordered by a
majority of the board. The order must be entered of record, and five
5) days' notice thereof must, by the clerk, be given to each member
not joining in the order. The order must specify the business to be
transacted, and none other than that specified must be transacted at
such special meeting.
1. I.C. § 31-2015.
2. See subsection 1-6A-2A of this title.
Teton County
1-5-4 1-5-5
4. Public Meetings1 : All meetings of the board of county
commissioners must be public, and the books, records and accounts
must be kept at the office of the clerk of the district court, open at all
times for public inspection, free of charge.
C. Quorum; Procedures: A majority of the board constitutes a quorum.
The chairman must preside at all meetings of the board of county
commissioners, and in case of his absence or inability to act, the
members present must, by an order, select one of their number to
act as chairman temporarily. Any member of the board or the clerk
may administer oaths to any person concerning any matter submitted
to the board or connected with its powers or duties. (2001 Code)
1-5-5: POWERS AND DUTIES: The board of county commissioners
shall have those powers and duties set out in Idaho Code
section 31-801 et seq., as amended. (2001 Code)
1. I.C. § 67-2433.
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
1-6A-2
ARTICLE A. CLERK OF THE DISTRICT COURT
SECTION:
1-6A-1:
1-6A-2:
1-6A-3:
Office Established; Election And Term
Bonds
Duties As Auditor And Recorder
1-6A-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of the clerk of the district court
who shall be ex officio auditor and recorder and ex officio clerk of the board
of county commissioners 1• The clerk of the district court shall be elected by
the qualified voters of the county at the time and in the manner prescribed
by law for the election of members of the legislature2 and shall hold office
for a term of four (4) years3• (2001 Code)
1-6A-2: BONDS:
A. Clerk Of The District Court: The clerk of the district court shall
execute an official bond in the penal sum of five thousand dollars
5,000.00) with two (2) sufficient sureties, to be approved by the
district judge, conditioned that such person will faithfully perform the
duties of such office and at all times account for and pay over all
monies in his or her hands as clerk, and the penalty of such bond
may, at any time, be increased by the district judge. The county clerk
may require a bond from any deputy clerk4 .
1. See subsection 1-5-4A2 of this title.
2. I.C. § 34-614.
3. Const. Idaho, art. 5, § 16.
4. I.C. § 31-2015. •
Teton County
Teton County
1-6A-2 1-6A-3
B. County Recorder: The county recorder shall execute an official bond
in the sum of not less than five thousand dollars ($5,000.00} nor
more than twenty thousand dollars ($20,000.00} to be fixed by the
board of county commissioners and to cover the duties and liabilities
as recorder, auditor and clerk of the board of county
commissioners1 • (2001 Code}
1-6A-3: DUTIES AS AUDITOR AND RECORDER2 :
A. County Auditor: The duties of the county auditor shall be as set forth
in Idaho Code section 31-2301 et seq., as amended.
B. County Recorder: The duties of the county recorder shall be as set
forth in Idaho Code section 31-2401 et seq., as amended. (2001
Code}
1. I.C. § 31-2015.
2. See subsection 1-5-4A2 of this title.
Teton County
1-6B-1 1-6B-2
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
ARTICLE B. COUNTY TREASURER
SECTION:
1-6B-1:
1-6B-2:
1-6B-3:
Office Established; Election And Term
Bonds
Duties
1-6B-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of county treasurer who shall
serve as ex officio county tax collector. The treasurer shall be elected for a
term of four (4) years as provided by law1 • (2001 Code)
1-6B-2: BONDS:
A. County Treasurer: The county treasurer shall execute an official
bond in an amount double the probable amount of money that may,
at any time, come into his hands as such treasurer, to be fixed by
the board of county commissioners; provided, if surety bond be given
as provided in Idaho Code section 41-2707, as amended, the bond
need not exceed twenty five percent (25%) of the probable amount
that may be on hand at any one time, but in no case to be less than
ten thousand dollars ($10,000.00)2 •
B. · Tax Collector: The official bond of the tax collector shall be not less
than two thousand dollars ($2,000.00) nor more than fifty thousand
dollars ($50,000.00) to be fixed by the board of county
commissioners3. (2001 Code)
1. Canst. Idaho, art. 18, § 6.
2. I.C. § 31-2015.
3. I.C. § 31-2015.
Teton County
1-6B-3 1-6B-3
1-6B-3: DUTIES:
A. Duties As County Treasurer: The duties of the county treasurer shall
be as set forth in Idaho Code section 31-2101 et seq., as amended.
B. Duties As Tax Collector: The duties of the county tax collector in
relation to the collection of revenue are prescribed in Idaho Code
title 63, as amended. (2001 Code}
Teton County
1-6C- 1 1-6C-3
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
ARTICLE C. COUNTY ASSESSOR
SECTION:
1-6C-1
1-6C-2:
1-6C-3:
Office Established; Election And Term
Bond
Duties
1-6C-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of county assessor who shall be
elected for a term of four (4) years as provided by law1 • {2001 Code)
1-6C-2: BOND: The county assessor shall execute an official bond in
the sum of five thousand dollars ($5,000.00)2 . (2001 Code)
1-6C-3: DUTIES: The county assessor shall perform the duties
prescribed in Idaho Code, title 63, as amended, relating to
revenue3• (2001 Code)
1. Const. Idahoart. 18, § 6.
2. I.C. § 31-2015.
3. I.C. § 31-2501.
Teton County
1-6D-1 1-6D-4
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
ARTICLE D. COUNTY PROSECUTING ATTORNEY
SECTION:
1-6D-1:
1-6D-2:
1-6D-3:
1-6D-4:
Office Established; Election And Term
Qualifications
Bond
Powers And Duties
1-6D-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of county prosecuting attorney
who shall be elected for a term of four (4) years as provided by law 1• (2001
Code)
1-6D-2: QUALIFICATIONS: No person shall be elected to the office
of prosecuting attorney, unless he has attained the age of
twenty one (21) years at the time of his election, is admitted to the practice
of law within this state, is a citizen of the United States and a qualified
elector within the county2 . (2001 Code)
1-6D-3: BOND: The county prosecuting attorney shall execute an
official bond in the sum of two thousand dollars ($2,000.00)3.
2001 Code)
1-6D-4: POWERS AND DUTIES: The county prosecuting attorney
shall have those powers and duties set out in Idaho Code,
31, chapter 26, as amended. (2001 Code) title
1. Const. Idaho, art. 18, § 6.
2. I.C. § 34-623.
3. I.C. § 31-2015. •
Teton County
1-6E-1 1-6E-3
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
ARTICLE E. COUNTY SHERIFF
SECTION:
1-6E-1:
1-6E-2:
1-6E-3:
Office Established; Election And Term
Bond
Powers And Duties
1-6E-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of county sheriff who shall be
elected for a term of four (4) years as provided by law1 • (2001 Code)
1-6E-2: BOND: The county sheriff shall execute an official bond in the
sum of ten thousand dollars ($10,000.00} 2 . (2001 Code)
1-6E-3: POWERS AND DUTIES: The county sheriff shall have those
powers and duties as set out in Idaho Code, title 31, chapter
22, as amended. (2001 Code)
1. Canst Idaho, art. 18, § 6.
2. I.C. § 31-2015.
Teton County
1-6F-1 1-6F-3
CHAPTER 6
COUNTY OFFICERS AND EMPLOYEES
ARTICLE F. COUNTY CORONER
SECTION:
1-6F-1:
1-6F-2:
1-6F-3:
Office Established; Election And Term
Bond
Powers And Duties
1-6F-1: OFFICE ESTABLISHED; ELECTION AND TERM: There is
hereby established the office of county coroner who shall be
elected for a term of two (2) years as provided by law1 . (2001 Code)
1-6F-2: BOND: The county coroner shall execute an official bond in
the sum of one thousand dollars ($1 ,000.00)2 . (2001 Code)
1-6F-3: POWERS AND DUTIES: The county coroner shall have those
powers and duties as set out in Idaho Code section 31-2801
et seq., as amended. (2001 Code)
1. Canst. Idaho, art. 18, § 6.
2. I.C. § 31-2015.
Teton County
1-7-1 1-7-2
CHAPTER 7
INITIATIVE AND REFERENDUM
SECTION:
1-7-1:
1-7-2:
1-7-3:
1-7-4:
1-7-5:
1-7-6:
1-7-7:
Purpose Requirements
Procedures; Form
Removal Of Signatures
Verification Of Petitions
Conduct Of Election
Form Of Ballot
1-7-1: PURPOSE: This chapter is passed pursuant to the laws of the
state of Idaho and in accordance with the authority vested in
the board of county commissioners to provide for direct legislation by the
people of the county through initiative and referendum. (Ord. 021494,
2-14-1994)
1-7-2: REQUIREMENTS: In order for an initiative or referendum to
be placed on the ballot in the county, the following
requirements must be met:
A. Petitioners: Petitioners for initiative or referendum shall be legal
voters equal to six percent (6%) of the qualified electors in the
county;
B. Filing Of Petition: Petitions for referendum shall be filed not more
than sixty (60) days following the final adoption of the ordinance to
be subject to referendum;
C. Ballot: A ballot to vote on the proposed initiative or referendum shall
be provided during the next scheduled election following the
certification of the petitions; provided, that the clerk of the district
court has sufficient time to prepare the initiative or referendum for
the electors at the time of the election. If sufficient time is not
Teton County
1-7-2 1-7-3
available, the election shall be held on the following scheduled
election. (Ord. 021494, 2-14-1994; amd. 2001 Code)
1-7-3: PROCEDURES; FORM:
A. Filing Of Petition: A petition for county initiative or referendum shall
be instituted by filing with the clerk of the district court, a verified
written petition requesting such initiative or referendum. The petition
must be signed by qualified electors of the county equal in number to
not less than six percent (6%} of the qualified electors registered to
vote at the last general election held in said county.
B. Initiative Petition:
1. Form: The initiative petition shall be in substantially the following
form:
WARNING
It is a felony for anyone to sign any initiative or referendum
petition with any name other than his own, or to knowingly
sign his name more than once for the measure, or to sign
such petition when he is not a qualified elector.
NIT/ATIVE PETITION
TO THE HONORABLE CLERK OF THE
DISTRICT COURT FOR THE COUNTY OF TETON
We, the undersigned, citizens and qualified electors of the
County of Teton, respectfully demand that the following
proposed Teton County Ordinance, to-wit: (setting out full
text of ordinance proposed) shall be submitted to the
electors of Teton County for their approval or rejection at
the next regular election to be held on the _ day of _
A.D., 20_, and each for himself or herself says: I have
personally signed this petition; I am a qualified elector of the
County of Teton; my residence and post office are correctly
written after my name.
Signature, Name (Printed), Mailing Address (Post Office),
Residence and Date
Here follow twenty numbered lines for signatures.)
Teton County
1-7-3 1-7-3
2. Time For Gathering Signatures: Except as provided in section
34-1804, Idaho Code, petitions for an initiative shall be circulated
and signatures obtained beginning upon the date that the petitioners
receive the official ballot title from the clerk of the district court and
extending eighteen (18) months from that date or April 30 of the year
that an election on the initiative will be held, whichever occurs
earlier. The last day for circulating petitions and obtaining signatures
shall be April 30 in the year an election on the initiative will be held.
3. Time Of Submission Of Signatures: The person or organization
under whose authority the measure is to be initiated shall submit the
petitions containing signatures to the clerk of the district court for
verification pursuant to the provisions of section 34-1807, Idaho
Code. The signatures required shall be submitted to the clerk not
later than the close of business on May 1 in the year an election on
the initiative will be held, or eighteen (18) months from the date the
petitioner receives the official ballot title from the secretary of state,
whichever is earlier.
4. Verification Of Signatures: The clerk of the district court shall,
within sixty (60} calendar days of the deadline for the submission of
the signatures, verify the signatures contained in the petitions, but in
no event shall the time extend beyond the last day of June in the
year an election on the initiative will be held.
5. Time For Filing: Initiative petitions with the requisite number of
signatures attached shall be filed with the clerk of the district court
not less than four (4) months before the election at which they are to
be voted upon.
C. Referendum Petition:
1. Form: The petition for referendum on any ordinance passed by the
county commissioners shall be in substantially the same form with
appropriate title and changes, setting out in full the text of the act to
be referred to the people for their approval or rejection.
2. Time For Filing: Referendum petitions with the requisite number of
signatures attached shall be filed with the clerk of the district court
not more than sixty (60} days after the final passage of the
ordinance on which the referendum is demanded.
3. Election: All elections on measures referred to the people of the
county shall be had at the biennial regular election.
Teton County
1-7-3 1-7-3
4. Effective Date: Any measure so referred to the people shall take
effect and become a law when it is approved by a majority of the
votes cast thereon, and not otherwise.
D. Examination By Clerk: Before or at the time of beginning to circulate
any petition for initiative or referendum, the person or organization
under whose authority the initiative or referendum petition is to be
circulated, shall send or deliver to the clerk of the district court a
copy of such petition duly signed by at least twenty (20) qualified
electors. The clerk shall immediately examine the petition and
specify the form and kind and size of paper on which the petition
shall be printed and circulated for further signature. All petitions for
initiative or referendum and sheets for signatures shall be printed on
a good quality bond or ledger paper, in the form and manner as
approved by the clerk. To every sheet of petitioners' signatures shall
be attached a full and correct copy of the measure so proposed by
initiative petition; but such petition may be filed by the clerk in
numbered sections for convenience in handling. Every sheet of
petitioners' signatures upon referendum petitions shall be attached
to a full and correct copy of the measure on which the referendum is
demanded, and may be filed in numbered sections in like manner as
initiative petitions. Not more than twenty (20) signatures on one
sheet shall be counted.
E. Approval By Clerk: The clerk of the district court shall indicate, in
writing, on the initiative or referendum petition that he has approved
it as to form and the date of such approval. The clerk shall inform
the person or organization under whose authority the petition is to be
circulated, in writing, that the petition must be perfected with the
required number of certified signatures within sixty (60) days
following approval as to form. Any petition that has not been
perfected with the required number of certified signatures within the
sixty (60) days allowed shall be declared null and void_
F. Verification Of Petition And Signature Sheets: Any person who
circulates any petition for an initiative or referendum shall be a
resident of the county and at least eighteen (18) years of age. Each
and every sheet of every such petition containing signatures shall be
verified on the face thereof in substantially the following form, by the
person who circulated said sheet of said petition, by his or her
affidavit thereon, as a part thereof:
Teton County
1-7-3 1-7-4
STATE OF IDAHO ) ) ss
COUNTY OF TETON)
I, , being first duly sworn,
say that I am a resident of the State of Idaho, County
of Teton, and at least eighteen (18} years of age, that
every person who signed this sheet of the foregoing
petition signed his or her name thereto in my presence.
I believe that each has stated his or her name, post
office address and residence correctly, that each
signer is a qualified elector of the State of Idaho, and a
resident of the County of Teton.
Signature---------
Post Office Address _
Subscribed and sworn to before me thisday of ,
20 .
Notary
Notary Public
seal Residing at _
Ord. 021494, 2-14-1994; amd. 2001 Code)
1-7-4: REMOVAL OF SIGNATURES:
A. Prior To Presentation To Clerk: The signer of any initiative or
referendum petition may remove his or her own name from the
petition by crossing out, obliterating or otherwise defacing his or her
own signature at any time prior to the time when the petition is
presented to the clerk of the district court for signature verification.
B. After Presentation But Prior To Verification: The signer of any
initiative or referendum petition may have his or her name removed
from the petition at any time after presentation of the petition to the
clerk of the district court but prior to verification of the signature, by
presenting or submitting to the clerk a signed statement that the
signer desires to have his name removed from the petition. The
statement shall contain sufficient information to clearly identify the
signer. The clerk shall immediately strike the signer's name from the
petition, and adjust the total of certified signatures on the petition
Teton County
1-7-4 1-7-5
accordingly. The statement shall be attached to, and become a part
of the initiative or referendum petition. (2001 Code)
1-7-5: VERIFICATION OF PETITIONS: All petitions with attached
signature sheets shall be presented to the clerk of the district
court, and a cursory examination of the petitions shall be made to
determine whether the petitions apparently contain the necessary number of
signatures.
A. Insufficient Signatures: If the total number of signatures on the
petition is not sufficient to satisfy the number required by subsection
1-7-3A of this chapter, all petitions with attached signature sheets
shall be retained by the clerk who shall notify, in writing, the person
filing the petition of the number of signatures needed, and further
signatures may be gathered.
B. Rejection Of Signatures: If the cursory examination of the signature
sheets reveals:
1. Erasures on any signature;
2. Illegible or undecipherable signatures;
on the sheet;
3. Signatures not properly identified by all of the information required
4. Duplicate signatures;
5. Signatures of persons who have requested, in writing, to have
their names removed from the petition1 ;
the officer making such cursory examination shall summarily reject
such signatures and such rejected signatures shall not be counted.
Each rejected signature shall be drawn through with ink and initialed
by the rejecting officer. If the total number of signatures not rejected
is not sufficient to satisfy the number required by subsection 1-7-3A
of this chapter, all petitions with attached signature sheets shall be
retained by the officer who shall notify, in writing, the person filing
the petition of the number of signatures needed, and further
signatures may be gathered.
1. I.C. § 34-18038.
Teton County
C. Approved Petitions: All initiative or referendum petitions presented to
the clerk of the district court found to apparently contain the
necessary number of signatures, after the examination provided for
above, shall be filed with the clerk and become public records of the
county not to be returned. The county clerk shall examine each
signature purported to be that of a qualified elector of the county,
and compare each such signature with the registration documents
available to the clerk. The clerk shall summarily reject all signatures
as listed in subsection B of this section, and all which are not the
signatures of qualified electors; and such rejected signatures shall
not be counted. Each rejected signature shall be drawn through with
ink and initialed by the rejecting officer.
D. Approved Signatures: The county clerk shall certify each signature
found to comply with all of the requirements of this chapter by an
appropriate mark before each signature.
E. Required Signatures Obtained: The county clerk shall total the
number of certified signatures, and if found to total the number of
signatures required by subsection 7-1-3A of this chapter, shall
proceed as provided. The county clerk may take not to exceed ten
10) days after filing of the petition to complete his examination.
F. Defective Petitions: In the event that a petition filed with the county
clerk does not contain the required number of certified signatures,
the county clerk shall inform the person or organization under whose
authority the petition was circulated that the petition is defective for
lack of certified signatures, and specify the number of additional
signatures required to make the petition valid. The petition must be
perfected within thirty (30) days of the date that the clerk finds the
petition defective for lack of certified signatures. If the petition is not
perfected within the thirty {30) day period, the clerk shall declare the
petition null and void.
G. Notice To Petitioner: In the event that a petition filed with the clerk is
found by the clerk to contain the required number of certified
signatures, the clerk shall promptly, by certified mail, inform the
petitioner that the initiative or referendum petition is in proper form.
Ord. 021494, 2-14-1994; amd. 2001 Code)
1-7-6: CONDUCT OF ELECTION: In the event that the petition
contains the proper number of registered voters, and complies
in all other respects to the requirements of this chapter, an election shall be
Teton County
1-7-6 1-7-7
called by the clerk of the district court as provided in subsection 1-7-2C of
this chapter. (Ord. 021494, 2-14-1994; amd. 2001 Code)
1-7-7: FORM OF BALLOT:
A. Initiative Election: In the event of an initiative election, the title shall
be given, followed by a statement by the prosecuting attorney giving
the purpose of the proposed initiative. Provisions will be made for
electors to vote "yes" or "no" on the proposal.
B. Referendum Election: In the event of a referendum election, the
ballot presentation shall follow substantially the same form.
C. Board Of Canvassers: The board of county commissioners will act as
a board of canvassers as provided in section 31-804 of the Idaho
Code. In the event a majority of the electors vote "yes" to an
initiative, the county clerk shall immediately, after the completion
thereof, proclaim the results, from which date the ordinance shall be
in full force and effect. In the event a majority of the electors vote
no" to a referendum, the ordinance in question will immediately
become null and void. (Ord. 021494, 2-14-1994)
Teton County
1-8A-1 1-8A-3
CHAPTER 8
POLICIES
ARTICLE A. TEMPORARY NONMEDICAL
ASSISTANCE TO INDIGENTS1
SECTION:
1-8A-1:
1-SA-2:
1-8A-3:
1-8A-4:
1-8A-5:
Nonmedical Assistance
Definitions
Limitations
Procedure
Determination Of Assistance
1-8A-1: NONMEDICAL ASSISTANCE: Pursuant to the mandate of
Idaho law, the county shall provide temporary nonmedical
assistance to indigent persons in temporary situations only where no
alternatives exist. County assistance in this area shall not be provided on a
continuing basis. (Ord. 081098, 8-10-1998)
1-8A-2: DEFINITIONS: The terms used herein shall be defined as set
out in Idaho Code section 31-3403, except as otherwise set
out below:
TEMPORARY: One instance of assistance in each area of
assistance provided during the county fiscal
year. (Ord. 081098, 8-10-1998)
1-8A-3: LIMITATIONS:
A. Food: The county will provide food assistance by issuance of a
combination of food vouchers and commodities, which assistance
shall be provided not more than once the current fiscal year.
1. I.C. § 31-3401 et seq.
Teton County
B. Shelter: The county will provide shelter assistance by paying a rent
or mortgage payment in an amount not to exceed four hundred fifty
dollars ($450.00}, which assistance shall be provided not more than
once the current fiscal year.
C. Utilities: The county will provide utilities assistance, including
electricity, water and gas, in a total amount not to exceed one
hundred twenty five dollars ($125.00), which assistance shall be
provided not more than once the current fiscal year.
D. Burials/Cremations: The county will provide burials and/or
cremations assistance in an amount not to exceed one thousand five
hundred dollars ($1 ,500.00}.
E. Exceptions: The county will not pay first month's rent or utilities to
enable a person establish residency in the county. (Ord. 081098,
8·10·1998)
1·8A·4: PROCEDURE: The procedure to be followed for the
application, hearing, granting and denial of requests for
nonmedical indigency aid, shall be as set out by Idaho Code section
31·3401 et seq. (Ord. 081098, 8·10·1998)
1·8A·5: DETERMINATION OF ASSISTANCE: The county
commissioners hereby designate the Teton County health and
welfare director to make determinations of nonmedical assistance within the
above guidelines and immediate assistance up to two hundred dollars
200.00). (Ord. 081098, 810-1998)
Teton County
1-8B-1
CHAPTER 8
POLICIES
SECTION:
1-8B-1:
1-8B-2:
1-8B-3:
1-8B-4:
1-8B-5:
ARTICLE B. FAIR HOUSING
Discrimination Prohibited
Policy
County Assistance
Publication
Minimum Program
1-8B-1: DISCRIMINATION PROHIBITED: Discrimination in the sale,
rental, leasing, financing of housing or land to be used for
construction of housing or in the provision of brokerage services because of
race, color, religion, sex, or national origin is prohibited by title VIII of the
1968 Civil Rights Act1• (Res. 010896, 1-8-1996)
1-8B-2: POLICY: It is the policy of the county to implement programs
to ensure equal opportunity in housing for all persons
regardless of race, color, religion, sex, or national origin. The fair housing
amendments act of 1988 expands coverage to include disabled persons
and families with children. (Res. 010896, 1-8-1996)
1-8B-3: COUNTY ASSISTANCE: Within available resources, the
county will assist all persons who feel they have been
discriminated against because of race, color, religion, sex, national origin,
disability, or familial status to seek equity under federal and state laws by
filing a complaint with the U.S. department of housing and urban
development, office of fair housing and equal opportunity, compliance
division. (Res. 010896, 1-8-1996)
1. Federal fair housing law. •
Teton County
1-8B-4
1-88-4: PUBLICATION: The county shall publicize this policy and
through this publicity shall encourage owners of real estate,
developers, and builders to become aware of their respective
responsibilities and rights under the federal fair housing law and
amendments and any applicable state or local laws or ordinances. (Res.
010896, 1-8-1996; amd. 2001 Code)
1-8B-5: MINIMUM PROGRAM: Such program will at a minimum
include:
A. Printing and publicizing of this policy and other applicable fair
housing information through local media and community contacts;
B. Distribution of posters, flyers, and any other means that will bring to
the attention of those affected, the knowledge of their respective
responsibilities and rights concerning equal opportunity in housing;
and
C. Preparation of an analysis of impediments to fair housing choice and
actions to mitigate such impediments. (Res. 010896, 1-8-1996)
1-9-1 1-9-4
CHAPTER 9
ALTERNATE FORM OF NOTICE
SECTION:
1-9-1:
1-9-2:
1-9-3:
1-9-4:
1-9-5:
Title Purpose
Authority
Applicability
Alternate Form
1-9-1 : TITLE: The title of this chapter shall be ALTERNATE FORM
OF NOTICE ORDINANCE. (Ord. 060898, 6-8-1998)
1-9-2: PURPOSE: The purpose of this chapter is:
A. To provide for an alternate form of notice when notice is required to
two hundred (200) or more property owners or purchasers of record.
B. To establish, by ordinance, alternate forms of procedure which will
provide adequate notice in lieu of posted or mailed notice. (Ord.
060898, 6-8-1998)
1-9-3: AUTHORITY: This chapter is authorized pursuant to Idaho
Code subsection 67-6511(b). (Ord. 060898, 6-8-1998)
1-9-4: APPLICABILITY: This chapter, providing for alternate forms
of notice, shall only apply in cases when notice is required to
two hundred (200) or more property owners or purchasers of record. (Ord.
060898, 6-8-1998)
Teton County
1-9-5 1-9-5
1-9-5: ALTERNATE FORM: It is hereby determined that in such
cases when notice is required to two hundred (200) or more
property owners or purchasers of record, alternative notice may be given by
publishing said notice for a period of two (2) weeks in a newspaper of
general circulation and by posting of the notice at three (3) public places in
the county for no less than ten (10) days. Such notice shall be deemed
sufficient pursuant to Idaho Code subsection 67-6511 (b). (Ord. 060898,
6-8-1998)
Title 1
ADMINISTRATION
Chapter 10
PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
1-10-1. Findings and Scope of Chapter
1-10-2. Definitions
1-10-3. Issuance and Service of Citations
1-10-4. Notice to Owner of Real Property
1-10-5. Determination of the Amount of the Administrative Fine When the Citation is
Issued
1-10-6. When Fines Due; Payment of Fine; Late Payment Fee; Notices by Charging
Official
1-10-7. Remedies Available to County for Non-Payment of Fines; Liens
1-10-8. Right to Appeal
1-10-9. Appeal Procedure; Appointment of Hearing Officer
1-10-10. Qualifications of Hearing Officer
1-10-11. Hearing Procedures
1-10-12. Requirement to Exhaust Administrative Remedies
1-10-13. Determination of the Hearing Officer
1-10-1. FINDINGS AND SCOPE OF CHAPTER
A) Teton County (“County”) has a significant interest in encouraging compliance
with its laws. To that end, County Codes often include a variety of remedies, including the
right of the County to issue citations to violators and to require such persons to pay an
administrative fine.
B) Moreover, the imposition of administrative fines is not intended to be punitive in
nature, but is instead intended to compensate the public for the injury and damage caused
by the prohibited conduct. The fines are intended to be reasonable and not
disproportionate to the damage or injury to the County and the public caused by the
prohibited conduct.
C) The Board of County Commissioners (“Board”) adopts this Chapter to provide
standard procedures for the imposition, enforcement, collection, and administrative review
of administrative citations and fines.
D) The procedures set forth in this Chapter are adopted pursuant to Idaho Code §
31-714 which gives the Board the authority to enforce ordinances with such fines or
penalties as the Board may deem proper.
E) The determination by the County to impose, enforce, collect and provide
administrative review of administrative fines pursuant to this Chapter is solely at the
County's discretion and is only one option available to the County to seek redress for the
violation of its ordinances. By adopting this Chapter, and subsequent legislation
incorporating the procedures in this Chapter, the Board does not intend to limit the ability
of the County to use any other remedy, civil or criminal, which may be available in a
particular case. The County may use the procedures set forth in this Chapter as an
alternative to, or in conjunction with, any other available remedy.
1-10-2. DEFINITIONS
The following definitions shall apply to this Chapter:
Charging official" means a County officer or employee with authority to enforce the
ordinance for which citations may issue or a person designated by the charging official to
act on his or her behalf.
Citation" means an administrative citation issued pursuant to this Chapter stating that the
charging official has determined that there has been a violation of one or more provisions
of a County ordinance, which ordinance incorporates this Chapter in whole or in part.
Fine" means the dollar amount of an administrative or civil penalty that the person cited is
required to pay for violation of an ordinance as set forth by the charging official in the
citation.
Person" means a natural person, firm, association, organization, partnership, business
trust, company, corporation, limited liability company, joint venture, or club, or its manager,
lessee, agent, servant, officer or employee.
Serve" or "service" means either personal delivery or deposit in the United States Mail,
first class, in a sealed envelope postage prepaid. Service shall include a declaration under
penalty of perjury setting forth the date of personal delivery or, for service by mail, the date
of deposit in the mail. Service by personal delivery shall be deemed complete on the date
of the delivery. Service by mail shall be deemed complete on the date of deposit in the
mail.
Violation" means a violation of an ordinance for which the charging official has authority
to issue a citation.
1-10-3. ISSUANCE AND SERVICE OF CITATIONS
A) When a charging official determines that a violation of an ordinance has occurred,
the charging official may issue and serve a citation on any person responsible for the
violation.
B) Where there is a nexus between the violation and real property located in the
County as set forth in Section 1-10-4, the charging official may also provide notice of the
citation to the owner of the real property as provided in 1-10-4. The County may not
impose a lien on the property under Section 1-10-7(b) unless the charging official provides
this notice.
C) The citation shall contain the following information:
1) The name of the person to whom the citation is issued;
2) Identification of the provision or provisions of the ordinance violated. The
charging official may issue a single citation for multiple violations of an ordinance or for
violation of multiple provisions of an ordinance;
3) A description of the condition or circumstances constituting the violation(s),
including the address or location and date of the violation;
4) The amount of the fine imposed for each violation;
5) The date by which the fine must be paid, the procedure for making payment
including to whom payment must be made and acceptable forms of payment), and the
consequences of the failure to pay;
6) The date the citation is issued and the name and signature of the charging
official.
1-10-4. NOTICE TO OWNER OF REAL PROPERTY
A) Where there is a nexus between the violation and real property located in the
County, the charging official may provide notice of the citation to the owner of the real
property that unpaid fines for the citations may become a lien on the property. If the
charging official gives this notice, the official shall do so within ten (10) County business
days of service of the notice on the person cited. If notice is given to the owner of real
property it shall be served as follows:
1) Post one copy of the citation in a conspicuous place upon the building or real
property;
2) Mail a certified copy to the owner of record according to the County tax
rolls.
B) For purposes of this Chapter, there is a nexus between a violation and real
property where an activity or condition on the real property has caused, contributed to, or
been a factor in the violation.
C) The County may not impose a lien on the property under 1-10-7(b) unless the
charging official provides notice to the property owner as set forth in this Section.
1-10-5. DETERMINATION OF THE AMOUNT OF THE ADMINISTRATIVE FINE WHEN
THE CITATION IS ISSUED
In addition to or in lieu of criminal penalties, the following fines may be assessed:
A) $300.00 for a first violation of the ordinance (and each additional day that is
part of the same incident);
B) $500.00 for a second violation of the same ordinance within one year of the
date of the first violation; and
C) $1,000.00 for each additional violation of the same ordinance within one year
of the date of a second or subsequent violation.
1-10-6. WHEN FINES DUE; PAYMENT OF FINE; LATE PAYMENT FEE
A) The citation shall set forth the date by which the fine is required to be paid, which
date shall allow 30 days for payment from the date that the citation is served. The fine
shall be due and payable on or before the date set forth in the citation, unless the person
cited has filed a timely appeal in compliance with this Chapter.
B) Fines which remain unpaid 15 days after the due date shall be subject to a late
payment penalty of 10 percent plus interest at the rate of 1 percent per month on the
outstanding balance, which shall be added to the penalty amount from the date that
payment is due.
C) All fines and late payment fees shall be payable to the County and deposited in
the County's general fund, unless the payment is made pursuant to an ordinance that
provides otherwise.
1-10-7. REMEDIES AVAILABLE TO COUNTY FOR NON-PAYMENT OF FINES; LIENS
A) The amount of any fine not paid within the time required under this Chapter,
including the amount of any applicable late payment charges, constitutes a debt to the
County. The County may file a civil action or pursue any other legal remedy to collect such
money. In any civil action to obtain payment of the fine, and any late payment penalties,
the County shall be entitled to obtain a judgment for the amount of the unpaid fines and
penalty payments and, in addition, for the costs and attorneys' fees incurred by the County
in bringing any civil action to enforce the provisions of this Section.
B) Where there is a nexus between the violation and real property located in the
County as defined in Section 1-10-4, the County may initiate proceedings to cause the
payment amount due and all additional authorized costs and charges, including attorneys'
fees, to be a lien on the property.
C) If the fine is unpaid at the time a person cited for a violation applies for a license
or permit, or any other registration issued by the County, the County may deny the
approval of such license, permit, or registration until the fine is paid in full, unless State
law provides otherwise.
1-10-8. RIGHT TO APPEAL
A) Any person who has been served with a citation, including property owners who
receive notice of the citation under Section 1-10-4, may seek administrative review of the
citation by filing an appeal with the County Clerk as provided herein. The grounds for any
such appeal shall be that there was no violation of the ordinance for which the citation was
issued or that the person cited did not commit the violation.
B) The County Clerk shall make available an appeal form for use by violators who
wish to appeal their citation. The form shall include a description of the procedure for
seeking administrative review of the citation, including the deadline for filing the appeal or
reference this Chapter of the Teton County Code. The appeal form shall require the
appellant to provide a mailing address, a street address, a telephone number, and any
other contact information that the Clerk determines appropriate.
C) In order to file an appeal, the appellant must pay a deposit in an amount equal to
the cited fine. The deposit will be refunded in whole if the hearing officer issues a
determination vacating the citation and in part if the hearing officer determines that the
citation should be thus modified. No interest or late fees shall accrue during the appeal
period.
1-10-9. APPEAL PROCEDURE; APPOINTMENT OF HEARING OFFICER
A) Any person who seeks the administrative review of a citation may file an appeal
no later than 20 calendar days from the date of service of the citation. An appeal shall be
deemed filed on the date that the County Clerk receives the appeal along with the deposit
required in Section 1-10-8 (C).
B) The County Clerk shall take the following actions within 14 days of receiving a
properly filed appeal: (1) appoint a hearing officer, (2) set a date for the hearing, which
date shall be no less than 10 and no more than 60 days from the date that the appeal was
filed, and (3) send written notice of the hearing date to the appellant and the charging
official.
C) The provisions of this Section 1-10-9 requiring the County Clerk or Charging
Official to act by a specific date are directory. The failure of the County Clerk or Charging
Official to take action within the time specified shall not deprive that person of jurisdiction
over the matter or of the right to take action at a later time, unless to do so would
unreasonably prejudice persons issued citations. This Subsection 1-10-9(C) shall not
apply to the requirements of this Section governing notice to the owners of real property
where there is a nexus between the violation and the property.
1-10-10. QUALIFICATIONS OF HEARING OFFICERS.
A. The officers selected to hear appeals shall be impartial.
B. Disqualification of Appeals Hearing Officer. Any person designated to serve as an
Appeals Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any
other reason for which a judge may be disqualified in a court of law. The County Clerk
shall determine in writing whether to grant the petition for disqualification and their reason
therefore. If a substitute is required for a hearing officer due to disqualification or
unavailability, a substitute shall be appointed by the County Clerk in accordance with
these rules and regulations.
1-10-11. HEARING PROCEDURES.
A) The hearing officer shall conduct all appeal hearings under this Chapter and
shall be responsible for deciding all matters relating to the hearing procedures not
otherwise specified in this Chapter or in regulations adopted by the Board of County
Commissioners. The charging official shall have the burden of proof in the hearing. The
hearing officer may continue the hearing at his or her own initiative or at the request of
either party. The hearing officer may request additional information from the charging
official or the person cited.
B) The hearing need not be conducted according to technical rules of evidence and
witnesses. Any relevant evidence is admissible if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs.
C) The following provisions shall also apply to the appeal procedure:
1) A citation that complies with the requirements of this Chapter and any
additional evidence submitted by the charging official shall be prima facie evidence of the
facts contained therein;
2) The appellant shall be given the opportunity to present evidence concerning
the citation; and
3) The hearing officer may accept testimony by declaration under penalty of
perjury relating to the citation from any party if he or she determines it appropriate to do so
under the circumstances of the case.
1-10-12. REQUIREMENT TO EXHAUST ADMINISTRATIVE REMEDIES
A) The failure of the person cited to file a timely appeal shall constitute a failure to
exhaust administrative remedies and shall preclude the person cited from obtaining
judicial review of the validity of the citation.
B) Where there is a nexus between the violation for which a citation issued and real
property, the failure of the owner of such property to file a timely appeal shall constitute a
failure to exhaust administrative remedies and shall preclude the property owner from
obtaining judicial review of the validity of the citation.
1-10-13. DETERMINATION OF THE HEARING OFFICER
A) After considering all of the testimony and evidence submitted by the parties, the
hearing officer shall issue a written decision upholding, modifying or vacating the citation
and shall set forth the reasons for the determination. The determination of the hearing
officer shall be a final administrative determination.
B) The hearing officer shall serve the appellant and the charging official with a copy
of the determination within 30 days of the appeal hearing.
C) If the hearing officer determines that the citation is vacated or modified the
County shall issue a full or partial refund of the deposit to the appellant along with a copy
of the determination.
C) If a charging official issues a single citation for multiple violations of an
ordinance or for violation of multiple provisions of an ordinance, the hearing officer shall
hear all appeals of a citation at the same time, unless good cause is shown that they
should be heard separately.
Title 1 Amended 20120517 (Addition of Chapter 10 Above)