Idaho State Statutes - Idaho Attorney Directory

FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL -- PENALTY --
CIVIL ACTION TO RECOVER PENALTY. Any owner or occupant failing to comply with
such order within thirty (30) days after said appeal has been determined, or,
if no appeal is taken, then within the time fixed in said order, shall be
liable to a penalty of: ten dollars ($10.00) for each day's neglect beginning
with the first day through the seventh day; fifty dollars ($50.00) per day on
the eighth through the thirtieth day; and one hundred dollars ($100) per day
on the thirty-first day and each day thereafter. In the event such enforcement
action is brought by the office of the state fire marshal, the penalty shall
be payable to the state fire marshal, for deposit in the arson, fire and fraud
prevention account. In the event such enforcement action is brought by a fire
district under the authority of the state fire marshal, the penalty shall then
be payable to the fire district which has prosecuted the enforcement action.
The penalty herein provided, if not then paid, may be recovered in an
action brought in any court of competent jurisdiction of the county where such
property is located, in the name of the state, under the direction of the
state fire marshal and/or any of the assistants herein designated, where such
property is located, or by an attorney specially designated therefor by the
attorney general, or by the attorney for a fire district in the event such
enforcement action is brought by the district. The reasonable attorney's fees
and costs incurred in bringing any such enforcement action, if any, shall be
awarded to the state or the fire district bringing the enforcement action in
addition to the assessment of any penalty, and shall be paid in the same
manner as the penalty. If the court determines that the enforcement action has
been brought frivolously or without reasonable cause, the court may award to
the owner or occupant who is the subject of the enforcement action such
reasonable attorney's fees and costs of the defense or appeal of the
enforcement action as the court determines is fair and just.

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