Boise Municipal Code Severability Clauses Guide
Severability clauses determine what happens to the rest of a municipal ordinance if one part is found invalid. In Boise, Idaho, these clauses affect how courts and city officials treat challenged provisions and how the city preserves enforceable law while removing invalid sections. This article explains typical severability language, how it interacts with variances and permits, enforcement and appeals, and where to find the relevant text in Boise's official code and ordinance records.
What is a severability clause?
A severability clause is standard boilerplate in municipal codes and ordinances that instructs judges and officials to preserve valid portions of a law if another portion is held invalid or unenforceable. The clause can be phrased narrowly or broadly and may specify whether entire chapters, sections, or only specific sentences are severable.
To locate the exact wording the City of Boise publishes its consolidated municipal code and ordinance records; review the ordinance language for severability in the adopted chapter or the charter provisions where applicable. See the municipal code and ordinance records for authoritative text Boise Code (Municode)[1] and the City Clerk's ordinance records City Clerk - Ordinances[2].
How severability typically works in Boise ordinances
- Drafting: Ordinances often include a severability section near the end of the text stating that invalid provisions do not affect the remainder.
- Judicial effect: Courts interpret the clause along with statutory construction rules to preserve what can stand independent from invalid parts.
- Administrative application: City departments apply severability when issuing permits or enforcing provisions to avoid overbroad nullification.
Penalties & Enforcement
Severability clauses themselves do not create penalties, but problems arise when an invalidated provision is the basis for enforcement actions. Enforcement of remaining provisions depends on the surviving language in the ordinance and the authority cited by the enforcement office.
- Typical fines: Specific fine amounts for violations are set in each ordinance; the severability clause does not alter listed fines and fees. If a penalty provision is struck down, the remaining fines in unaffected sections may still apply. For exact fine schedules, consult the ordinance or consolidated code: often the code lists dollar amounts under each offense; if a schedule is not located on the cited page, it is not specified on the cited page Boise Code (Municode)[1].
- Escalation: First, repeat, or continuing-offence structures are set by each ordinance. Where an ordinance does not specify escalation, the cited page does not specify escalation provisions City Clerk - Ordinances[2].
- Non-monetary sanctions: Common sanctions include abatement orders, stop-work orders, permit suspension or revocation, injunctive relief, and liens; the enforcing office or court applies these where statutes and ordinances authorize them.
- Enforcer and complaints: Enforcement is handled by the department named in the ordinance (for land-use or building rules, Planning & Development Services). To report enforcement issues or complaints, contact Planning & Development Services Planning & Development Services[3].
- Appeals and review: Appeal routes depend on the ordinance: administrative appeal to a hearings officer or planning commission is common, with statutory or ordinance time limits. Where a time limit is not stated on the cited page, it is not specified on the cited page Boise Code (Municode)[1].
- Defences and discretion: Defences may include valid permits, vested rights, or a showing of reasonable reliance; officials may exercise discretion where the ordinance or policy allows.
Applications & Forms
Many remedies and appeals use standard forms from the enforcing department. For planning variances, permits, appeals and related forms, use Planning & Development Services forms and submission portals; if a specific form number is not published on the department page, it is not specified on the cited page Planning & Development Services[3].
- How to submit: Most forms are submitted electronically or at the Planning office; check the department page for current fees and instructions.
- Fees: Fees for appeals, permits, and applications are set by ordinance or department schedule; consult the department for exact amounts.
Common violations and typical outcomes
- Unauthorized construction or work without permits — may produce stop-work orders, fines, and possible permit denial.
- Parking or traffic ordinance breaches — fines and towing where authorized.
- Code compliance failures (unsafe structures) — abatement orders and costs charged to property owner.
FAQ
- What happens if a court strikes an ordinance section?
- If a section is struck, the severability clause guides whether the remainder stands; surviving provisions remain enforceable if they can operate independently.
- Can the City re-enact language later?
- Yes, the City Council can amend or re-enact revised language to address court concerns, often after legal review.
- Who enforces severability outcomes?
- Enforcement is handled by the department named in the ordinance (for land-use, typically Planning & Development Services); for legal challenges, the City Attorney represents the city.
How-To
- Locate the ordinance or code section in the official Boise municipal code or the City Clerk ordinance records.
- Read the severability clause and the specific penalty/enforcement provisions in the same ordinance.
- Contact the enforcing department (for land-use, Planning & Development Services) to confirm how the office treats invalidated provisions.
- If needed, file an administrative appeal or seek judicial review within the time limits stated in the ordinance or applicable rules.
Key Takeaways
- Severability protects valid provisions when parts of an ordinance are invalidated.
- Confirm enforcement and appeals with the named enforcing department and the City Attorney for legal advice.