§ 21.1. VIOLATIONS

A.

Approvals and compliance with this code. It is unlawful to use real property or improvements thereon; to develop real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements thereon in any way not in accordance with this code or without first obtaining all land use approvals and permits required by this code.

B.

Building permits. It is unlawful to use real property or the improvements thereon; to erect, construct, reconstruct, remodel or improve any building or structure; or to alter or change the use of any real property or the improvements thereon without first obtaining all approvals required under this code and a building permit as required by the Building Code adopted by the county commissioners. The planning department will not approve the issuance of a building permit unless the plans for the proposed use, development, erection, construction, reconstruction, remodel, restoration, improvement, alteration or change conform to the requirements of this code. A building permit is not required for buildings of 120 square feet or less measured at the exterior of the building or for agricultural activities such as soil preparation, irrigation, planting, harvesting, grazing or the construction or alteration of irrigation facilities.

C.

Terms and conditions. It is unlawful to use real property or the improvements thereon to develop real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements thereon in a way that is inconsistent with the terms and conditions of any land use approval or building permit granted under this code.

D.

Land division. It is unlawful to transfer or sell, agree to transfer or sell, or offer to transfer or sell any divided land before a plat for the land is approved by the county commissioners and recorded with the county clerk and recorder.

E.

Construction of roads and other improvements. It is unlawful to commence construction of roads or other improvements until a construction permit is issued by the county engineer after final approval by the county commissioners and all post-approval requirements are met. For rural land plans, construction cannot commence until the director of the rural land use center authorizes the commencement of construction in writing. The county engineer may permit construction of temporary access roads for gathering soils, geology, engineering or other similar data prior to submitting an application. Roads approved under this section and later abandoned must be reclaimed to prevent soil erosion and scarring.

F.

Continuing violations. Each day a violation occurs or remains uncorrected constitutes a separate violation.

G.

In the event a matter is brought before the planning commission, board of county commissioners or board of adjustment, all or in part to "cure" a violation or alleged violation of this Code, the review criteria applied shall be those as stated in the Code for the applicable type of approval without regard to past investment in an illegal use.

(Res. No. 12092003R001, Exh. A., 11-10-2003; Res. No. 02222005R002, Exh. A, 2-22-2005; Res. No. 05032005R001, Exh. A, 5-3-2005)