Moscow’s Community Development Department (CDD) has a limited budget and a finite staff with which to administer all of the City’s land-development regulations, which means that it does not have sufficient resources to ensure that every discretionary permit is applied for. Consequently, Moscow City Code (MCC) provides for zoning-code enforcement action to be triggered by third-party complaints. Indeed, the City learned about NSA’s first zoning violation because Moscow residents complained about it (here).

Citizen-complaint provisions aid implementation of zoning codes while motivating cities to bring enforcement and abatement proceedings, because normally an agency’s decision to not enforce is presumed immune from judicial review. This rule, however, is reversed where mandatory enforcement triggered by citizen complaint is allowed. Moreover, Idaho Code § 12-117(1) states that where a municipality fails to perform a mandated ministerial duty, attorneys’ fees and other costs shall be awarded against the municipality. This statute tends to encourage enforcement.

On January 21, 2005, three citizens filed a complaint with the City of Moscow against NSA for violating the City’s Zoning Code. The complaint can be seen below. The City’s response to the complaint can be seen here.