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HomeMy WebLinkAboutORD 1187BILL NO. 4 ORDINANCE NO. 7187 BY COUNCILMAN ALFRED McCLUSKEY AN ORDINANCE TO AMEND TITLE II OF CITY CODE OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THERETO THE FOLLOWING SANITATION AND BEAUTIFICATION COMMISSION AS CHAPTER 9 of SAID TITLE II. WHEREAS, The City of Caldwell, County of Canyon, State of Idaho, deeming it for the best interest of the public welfare and civic interest of the City of Caldwell that a commission i be created to suggest ways and means whereby the sanitation and beauty of said city can be improved, and to provide for the method of enforcing the rules and regulations of this said pro- posed ordinance and the existing ordinances, namely, to wit: Title VII of the Caldwell City Code; and Chapters 3 and 4 of Title VIII of said City Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, TO WIT: Section 1. COMMISSION: That there is hereby created a commission for the City of Caldwell, County of Canyon, State of Idaho, which said commission shall be known and designated as the Caldwell Sanitation and Beautification Commission. Section 2. MEMBERSHIP; TERMS OF OFFICE: That the Caldwell Sanitation and Beautification Commission hereby created shall consist of nine voting members and three non - voting members. The three non - voting members shall consist of the Mayor and two of his Councilmen, with the latter to be appointed by the Mayor with a majority approval of the Council, and with said Mayor and said Councilmen to serve during their respective terms in office, unless otherwise designated by the Mayor with a majority approval of the Council. The remaining nine voting members shall be appointed by the Mayor with a majority approval of the Council, with the respective terms of said voting members to be for a period of four years, excepting that there shall not be more than three members whose terms shall expire in any one given year, and excepting and providing further that the terms of I the initial members to be appointed shall be subject to the terms and provisions of Section IV, as set forth infra, and captioned "ORGANIZATION ". Section 3. C OMPENSATION; VACANCIES That the members of the commission hereby created shall be selected without regard to political affiliations and shall serve without compensation. That vacancies shall be filled by the Mayor with the advice and majority consent of the Council. i Section 4. ORGANIZATION: That the Caldwell Sanitation and Beautification Commission shall consist of the following designated positions, to wit: (a) A chairman; (b) One regulatory manager; (c) Two civic affairs and publicity managers; (d) Five area sanitation and beautification managers; and (e) Three non- voting members, as aforesaid. I At the initial meeting of said commission said voting members by majority vote shall elect a chairman to preside for a period of four years, with succeeding chairmen and their respec- tive terms of office to be elected and subject to the discretion of said voting membership. Also, at said initial meeting, said voting membership by majority vote shall elect a vice chairman, with said vice chairman to be a member of said voting body, and with said vice chairman to be authorized to serve in such capacity jointly with such other position as he may be fulfilling at such time, as aforesaid. In addition, at said initial meeting said voting members, excepting herefrom said chairman elect, shall determine by lot their respective initial terms of office in the manner as follows, to wit: (a) Three members to serve 0 i initially for a period of four years; (b) Three members to serve initially for a period of three years; and (c) Two members to serve initially for a period of two years. Thereafter, all succeeding terms of members to be appointed shall be for a period of four years. Section 5. MEETINGS: That said commission shall hold one regular meeting each month for not less than twelve months of each year; that a majority of the appointed members of said commission shall be necessary to constitute a quorum at any such meeting; that all meetings shall be open to the public and, unless otherwise designated, shall be held at the city Council chambers; that written rules may be adopted by the commission for the transaction of business; that a written record of all meetings, resolutions, findings and determinations, shall be kept by said commission, all of which shall be placed of public record; and that said commission may require the attendance at any meeting of such city officials as it may deem necessary. Section 6. DESIGNATED DUTIES: That said chairman shall preside at all meetings and shall be responsible for the satisfactory functioning of all members of said commission in fulfillment of their designated duties; that in addition, said chairman, either individually or by and through an appointed delegate of said commission, shall make monthly reports to the Mayor and City Council, covering said commission's proceedings, transactions, and recommendations, with said report to be either or both oral and /or in writing. That the regulatory manager, upon recommendation or complaint by said commission, or a member thereof, shall be responsible for notifying the occupants and /or the owners of the property in violation of this and existing ordinances, namely, to wit: Title VII of the Caldwell City Code; and Chapters 3 and 4 of Title VIII of said City Code; that it shall be said reg- ulatory manager's responsibility to verify the - necessity of notification to the occupants and /or owners of the property in question and, upon determination of need, to file a complaint through the office of the Mayor of the City of Caldwell and, after having so filed said complaint, to determine whether said occupants and /or owners have complied with said existing laws, within the allotted time; that said regulatory manager may use the facilities and powers of the County Sanitarian, if so desired. That the civic affairs and publicity managers shall be responsible for recommending and suggesting to civic organizations, church groups, youth groups, fraternal organizations, business organizations and all other interested citizens of the City of Caldwell, the manner and means whereby said groups and /or individuals may enhance the environment of said city by improve- ment of sanitary and beautification standards in said city; that said managers shall be responsible for encouraging said groups and /or individuals to undertake civic projects for such improve- ment; that said managers shall be responsible for public aware- ness of said projects; that said managers shall organize and establish an annual clean -up event to be conducted at least once each year with the aid of said groups and individuals; that said clean -up event may be supported by the use of city employees and /or city equipment, with such use being subject to approval of the Mayor and City Council. That the area sanitation and beautification managers shall be responsible for their designated areas, with such areas to be established by the commission; that they shall be respon- sible for the notification of owners and /or occupants of property situate within their respective areas in violation of this and existing ordinances, namely, to wit: Title VII of the Caldwell City Code; and Chapters 3 and 4 of Title VIII of said City Code; that, in the event of non - compliance after reasonable notification, it shall be their said duty to notify said regulatory manager for further action; that they shall be responsible for encouraging voluntary compliance with this and existing ordinances, as aforesaid, in their designated areas, and shall endeavor to improve their designated area environment by encouraging the correction and /or abatement of conditions and circumstances considered to be detrimental to the health, beauty and /or the general welfare, of the residents of their said designated areas, and to the citizens of the City of Caldwell in general; and that they shall endeavor to instill in the residents of their respective designated areas, a sense of competitive cooperation. That it is to be noted that the delegated positions named above are not to be construed to impair the over -all responsibilities of the Sanitation and Beautification Commission as a whole. Section 7. GENERAL D UTIES OF COMMISSI That, in addition to the powers and duties previously delegated, the Caldwell Sanitation and Beautification Commission shall, to wit: (1) Observe and investigate on its own initiative any and all conditions, matters and circumstances relating to the control of solid waste within the city and within a one mile radius thereof; (2) Promote civic pride in the City of Caldwell by conscious endeavors to promote improvements in environmental conditions; and (3) Divide the city and a one mile radius immediately adjacent thereto into five designated areas, with an area sanitation and beautification manager to be appointed to each of said designated areas, as aforesaid; provided, however, that said commission in its division of said city and said radius shall comply in every respect with Sections 50 -304 and 50 -334 of the Idaho Code Annotated, and, provided, further, that said commission shall provide the Mayor and City Council with a description of each of said areas, with a map outlining said areas and with the names of the designated area sanitation and beautification managers. Section 8. DEFINITIONS: That for the purpose of this ordinance, "solid waste" shall be defined as all useless, unwanted or discarded putrescible and non - putrescible wastes, including, but not limited to, garbage, rubbish, ashes, trees, street cleanings, construction and demolition waste, animal carcasses, offal, abandoned vehicles and car bodies, sewage treatment residue, commercial and industrial waste, the latter of which also means mining wastes, agricultural wastes and liquid wastes, except liquid carried in industrial and agricultural waste in process or sewage. Also included within the scope of this definition are those industrial solid wastes capable of causing health hazards, hazards to safety, public nuisances, and /or impairment of the environment of the City of Caldwell. Section 9. This Ordinance shall be in force and take effect from and after its passage, approval and publication according to law. PASSED By the Council of the City of Caldwell this 16th_ day of February 1970. APPROVED By the Mayor of the City of Caldwell this 16th day of Febr , 1970. ATTES MAYOR J !� r � u' CITY CLERK