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HomeMy WebLinkAboutORD 3602ORDINANCE NO. 3602 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 5, ARTICLE 11 SECTION 05-01-03, OF CALDWELL CITY CODE, PERTAINING TO TEXT AMENDMENTS REGARDING SIDEWALK REPAIRS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 5, Article 1, Section 05-01-03 of the Caldwell City Code is hereby amended to the following: 05-01-03: REPAIRS: (1) Council -Directed Repairs: The City Council may deem any sidewalk on any of the City streets unsafe or dangerous. It may, by resolution passed by a two-thirds (2/3) majority of all the members elected to the Council, order such sidewalk replaced or repaired and assess the cost and expense of replacing or repairing same against the property in front of which the same shall be replaced or repaired. (2) Notice Required: Notice to repair or replace any sidewalk on any street shall be given to the property owners by the City Council in front of whose property the sidewalk has been ordered replaced or repaired. Said property owner shall replace or repair the sidewalk within sixty (60) days following the date of notice. •-- • •- -• -• . -. • -•. -• •FL •- I -•. -• 1_TF1 I-• . -•ILI 111 1 Ll I L11;pecified, then the City shall replace or repair the same by contract and assess the cost nd expense thereof in the manner provided by this article. Nothing herein contained ;hall be construed so as to prevent giving any notice required to be given by this article. • • Code, - • • • • • 1 • Ord. • J 11 ~689) 4) Certain Sidewalk Repairs .Paid by Citv: In order to expedite certain necessa sidewalk repairs, and if sufficient funds are avail sidewalk repairs of damages not caused by the 2. e City will schedule and pay for r owner. ection This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. repealed. All ordinances, resolutions, orders and parts thereof in conflict herewith are PASSED BY THE 024. COUNCIL OFIHE CITY OF CALDWELL, IDAHO, this i," day of May 2 APPROVED BY THE MAYOR OF THE CITY OF 2024. CALDWELL, IDAHO, this 7t" day of May Mayor Jarotn er ATTEST: City Clerk (or Deputy) ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE N0.3602 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 59 ARTICLE 19 SECTION 05-01-03, OF CALDWELL CITY CODE, PERTAINING TO TEXT AMENDMENTS REGARDING SIDEWALK REPAIRS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Caldwell City Code Section OS-01-03, pertaining to text amendments regarding sidewalk repairs. Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law, provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3602 provides an effective date, which shall be the 7th day ofMay, 2024.Ordnance No. 3602 was passed by the Council and approved by the Mayor on the 7th day of May, 2024. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 7th day of May, 2024, for publication on the 14th day of May, 2024, pursuant to Idaho Code § 50-901A. Mayor Jarom Wagoner ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3602 and provides adequate notice to the publc as to the contents of such ordinance. DATED this 7t" day of May, 2024 Mark Hilty, Attorney for City Of�Caldwell 1 1` Meeting D SY�:�►l�T�1 Adoption of Ordinance amending Chapter 5, Article 1, Section 05-01-03 of Caldwell City Code, pertaining to text amendments regarding sidewalk repairs. Minor 250-87500 May 2024 FINANCE REVIEW.• I Department SuhmattaCs Buildin De artment CDBG Clerk City Attorney Finance Department Human Resources Planninea & Zonme X to I Initials mark Fire Department Police Department Public Works X BGM Street Department Water Department W WTP Mapping Parks and Recreation Airport Information Systems Golf Course OTHER: The Public Works Department proposes an addition to City Code to allow for certain sidewalk repairs to be paid for by the City. Per City code, it is the responsiblity of the adjacent property owner to maintain the sidewalk along their frontage. However, it is often extremely cumbersome and lengthy (and time consuming of staff hours) to get property owners to pay for these repairs. Often the damaged sidewalk is in areas of lower income, making it burdensome for repairs to be accomplished. equiring timely resolution. City Council to adopt Ordinance ,amending Chapter 5, Article 1, Section 05-01-03 of Caldwell City Code, pertaining to text amendments regarding sidewalk repairs.