Crothers, Justice.
[¶ 1] Western Petroleum, LLC, and Maxum Petroleum Operating Company, Inc., doing business as Pilot Logistics Services, appeal from a district court order affirming their appeal of the Williams County Board of County Commissioners' decision to penalize Pilot for violating the county's temporary housing regulations. We reverse and remand because the Board unreasonably interpreted the regulations.
[¶ 2] In September 2011 the Williams County Board of County Commissioners adopted temporary housing regulations relating to the use of "man camps" or "crew housing facilities" in the county. The use of temporary housing on property within the county is prohibited without a conditional use permit. The civil penalty for violating the temporary housing regulations is $1,000 per violation. The regulations state a separate violation is committed each day a violation is committed.
[¶ 3] In September 2011 the Board granted Western Petroleum a conditional use permit for temporary housing units on its property. The permit allowed Western Petroleum to use up to 40 RVs for one year and up to seven mobile homes for two years. Pilot Logistics acquired Western Petroleum and its property in February 2012. Western Petroleum did not transfer the permit to Pilot, nor did Pilot renew the RV permit when it expired in September 2012 and for the mobile homes in September 2013.
[¶ 4] In 2014 the Board became aware that Pilot continued to use the property for temporary housing after Western Petroleum's permit expired. Pilot was out of compliance on 40 RVs since September 6, 2012, and on seven mobile home units since September 6, 2013. Pilot also had two two-story framed houses on the property that were not permitted under Western Petroleum's conditional use permit.
[¶ 5] At its July 8, 2014, meeting the Board assessed a $29,635,000 penalty against Pilot for violating the temporary housing regulations during the period of noncompliance until June 10, 2014. The Board calculated the penalty by treating each non-permitted use as a violation subject to a $1,000 penalty per day. The Board calculated the $1,000 penalty on a per housing unit, per day basis. From September 6, 2013, to June 10, 2014, the Board found Pilot committed 49 violations each day subject to the $1,000 penalty for having 40 RVs, seven mobile homes and
[¶ 6] The Board also offered Pilot a reduced penalty of $1,885,000 if paid within 10 days. Pilot did not pay the reduced penalty and the Board imposed the full penalty of $29,635,000. The district court affirmed the Board's decision, concluding the penalty against Pilot was supported by the evidence and was not an unreasonable interpretation of the temporary housing regulations.
[¶ 7] Pilot argues the Board acted in an arbitrary, capricious and unreasonable by penalizing Pilot $29,635,000 for violating Williams County's temporary housing regulations.
[¶ 8] Our standard of review in an appeal from the decision of a board of county commissioners or other local governing body under N.D.C.C. § 28-34-01 is very deferential and limited.
[¶ 9] We interpret ordinances under the same rules applicable to statutes.
[¶ 10] The primary issue here is the Board's interpretation and application of the civil penalty provision of the temporary housing regulations. Pilot argues the Board unreasonably interpreted the civil penalty provision of the regulations by calculating the penalty on a per housing unit, per day basis. We agree the Board did not reasonably interpret the regulations.
[¶ 11] The temporary housing regulations require a conditional use permit for temporary housing facilities or camps on property within Williams County. Having a temporary housing facility without a permit violates the regulations.
[¶ 12] Under the temporary housing regulations it is "unlawful for any person or organization ... to violate any provision of these regulations." The civil penalties provision of the regulations states:
A separate violation is committed each day any provision is violated.
[¶ 13] The Board treats each non-permitted use under the regulations as a violation and calculates the $1,000 penalty on a per housing unit, per day basis. The
[¶ 14] The district court agreed with the Board's interpretation of the civil penalties provision:
[¶ 15] The temporary housing regulations require an applicant for a conditional use permit to indicate the number of proposed housing units; however, the Board does not issue a separate permit for each housing unit on the property. The Board issues a single permit regardless of the number of housing units on the property. The regulations also require an applicant to provide any other information as requested. Under the Board's interpretation it could require an applicant to indicate how many beds will be in the housing units or how many employees will be living in the units. Under the Board's interpretation, it then could penalize a violator $1,000 per day on a per bed or per employee basis. Such an interpretation is not reasonable.
[¶ 16] The plain language of the regulations state it is unlawful to violate any of its provisions. The penalty for violating the provisions is $1,000 per violation. The Board penalized Pilot for violating the conditional use permit provision. Pilot violated that provision by operating a temporary housing facility without a conditional use permit. The Board did not penalize Pilot for violating any other provisions, such as not paying real property taxes or crew housing permit fees or not providing adequate services and facilities in the temporary housing camp. Under the clear and
[¶ 17] Because the Board unreasonably interpreted the temporary housing regulations, we need not address Pilot's remaining arguments.
[¶ 18] The district court's order is reversed and remanded to the Board to recalculate the penalty against Pilot.
[¶ 19] Daniel J. Crothers
Lisa Fair McEvers
Carol Ronning Kapsner
Dale V. Sandstrom
I concur in the result.
Gerald W. VandeWalle, C.J.