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HomeMy WebLinkAboutORD 24170 9 Bill No. 13 Ordinance No. 2417 AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AMENDING CHAPTER 7 BY ADDING ARTICLE 10 OF THE MUNICIPAL CODE PERTAINING TO REFUSE/NUISANCE ABATEMENT AND APPEARANCE OF COMMERCIAL AND RESIDENTIAL PROPERTY: REPEALING ALL ORDINANCES, RESOLUTION, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION: 1 That Chapter 7 Article 10 Sections 1,2,3,4,5,6,7,8,9, and 10 of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall amend by adding certain language as follows: 01 SIA#141x [I] Refuse/Nuisance Abatement; Appearance of Commercial Property SECTION: 07 -10 -01 Definitions 07 -10 -02 Maintenance of Nuisance Unlawful 07 -10 -03 Abatement of Nuisances 07 -10 -04 Delinquent Charges 07 -10 -05 City Abatement Option 07 -10 -06 Notice of Violation 07 -10 -07 Right to Remove 07 -10 -08 Right of Inspection 07 -10 -09 Right to a Hearing 07 -10 -10 Penalty 0 0 07 -10 -01 Definitions: A) Nuisance: Any condition or use of premises which is detrimental to the premises of others or which causes or tends to cause material diminution in the value of other premises in the neighborhood or which creates a condition tending to promote blight and deterioration, to invite plundering, to create fire or traffic hazards, to constitute an unattractive nuisance, to create a harborage for rodents and insects or be otherwise injurious to the health, safety and general welfare of the inhabitants of the City. B) Junked Vehicles: Partially dismantled wrecked, discarded or otherwise non - operating motor vehicles or parts thereof. Also includes, but is not limited to, trucks, mobile homes, trailers, travel trailers, coaches, farm vehicles and machinery and/or bodies or major parts. C) Solid Waste: All useless, unwanted or discarded putrecible and nonputrescible wastes. Solid waste includes but is not limited to garbage, refuse, rubbish, ashes, trees, shrubs, grass and lawn clippings, weeds, leaves, street cleanings, construction and demolition wastes, animal carcasses, offal, car bodies, sewage treatment residue and other residential, commercial, industrial and agricultural wastes. Solid waste, as here defined, excludes materials that are known as hazardous waste and governed by the Environmental Protection Agency, or its agents, and its regulations D) Weeds: Undesirable plant growth that is unkept, unsightly, deleterious and/or injurious to the public. Weeds include noxious weeds, grasses, unkept bushes and any plant meeting this description. E) Abatement Notice: Written notification of the intent of the City to abate a nuisance when there has been a failure to comply with the warning notice. F) Warning Notice: A written notice of verification of nuisance 07 -10 -02 Maintenance of Nuisance Unlawful: It shall be unlawful for any person owning, leasing, occupying, or having charge of any premises to maintain, keep or allow any nuisance to remain on such premises longer than five days. This shall not only include all nuisances on private property, but nuisances situated on public property adjacent to or contiguous with private property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. A notice will be mailed to the owner or occupant of the property. A written notice of the five day abatement period shall be served upon any adult occupying the premises on which the nuisance is located and upon the owner of the nuisance, if known. If no occupant of the premises or owner of the nuisance can be found, a notice affixed to any building on the premises shall constitute notice to the owner or occupant of the premises, and the owner of the nuisance. If there is no building on the premises, such notice may be affixed elsewhere on the premises. Provided, however, no additional or further notice shall be required for subsequent or continuing violations. This Section shall not apply with regard to any such nuisance located in an enclosed building or so located on the premises as not to be readily visible from any public place or from any surrounding private property. This Section shall not apply to partially dismantled, wrecked, junked, discarded or otherwise non - operating motor vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with the business of a dismantler, salvage yard or junk dealer or when storing or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. 07 -10 -03 Abatement of Nuisances: Nothing contained herein or elsewhere, shall limit the power of the City to cause or effect abatement of any nuisance by notifying the occupant in writing to remove the same within five days or sooner if deemed expedient, following receipt of such notice. In default of abatement of the nuisance, the City is empowered to remove and abate the nuisance at the expense of the owner creating, causing, committing or maintaining the cost or to reimburse the City for the cost of abating the same. The City has the authority to employ such labor as is necessary to carry out the provisions of this Chapter. (Idaho code 50 -1008 and 50 -334) 07 -10 -04 Delinquent Charges: All charges or fees, as provided by this Title, not paid within thirty days of the date when due shall become delinquent, and shall be imposed as a lien against and upon such premises. The Clerk shall at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Canyon county. (Idaho code 50 -1008) 07 -10 -05 City Abatement Option: Nuisances which remain unabated after notice, may, at the option of the City, be removed, abated or destroyed by the City or its agents, after the following steps have been taken: 1. A written notice of a violation is mailed to the property owner's address as shown in current official Canyon County assessor records. 2. Violators will be given five days to address the problems in the written notice. If no abatement of the nuisance has occurred in that time frame, the enforcement officer shall cause an abatement notice to be delivered to the property owner or occupant by personal service. In the absence of any owner or occupant the notice will be posted on the property. 3. After five days from the delivery of the abatement notice, the City may take steps to abate the nuisance. 4. That the property owner may contract with the City to abate the nuisance and pay costs of the same. 5. That if the City abates the nuisance, all cost and expenses of abatement may be billed and assessed against the property owner or occupant, and if unpaid, may become collectable as a special assessment with property taxes. 6. If said written notice is returned as undeliverable, or is unclaimed by the property owner, nothing shall preclude the City from exercising its abatement option as specified herein. 07 -10 -06 Notice of Violation: Unless otherwise provided, service of notice may be made by delivery of a copy to the affected person or his agent, or if neither is to be found with in City, by mailing a copy of the notice to the affected person at his last known address. Service by mail shall be deemed complete upon the expiration of five days from the date of mailing such notice. For the purposes of this provision, affected persons shall include any owner, user, or other person entitled to be a recipient of such a notice under the Code. 07 -10 -07 Right to Remove: Refuse, debris, solid waste and items under this Chapter that are a nuisance as herein defined may be removed and disposed of by the City from any public rights of way or property owned by the City. This may be done without notice to the owner and the cost of the removal of the nuisance will be the responsibility of the property owner. 07 -10 -08 Right of Inspection: The City through its authorized representative bearing proper identification shall be permitted at proper and reasonable hours of the day to enter and inspect all premises for the purpose of nuisance control. The authorized representative shall not enter premises where the occupant or owner shall object to such entry except where an order for the purpose of entry has been obtained from the appropriate court. 07 -10 -09 Right to a Hearing: The property owner has a right to appear before the City Council to show cause as to why he or she should not be L ' forced to abate or pay for abatement of the nuisance. If the property owner desires such a hearing, a request, should be made in writing, and given to the City Clerk prior to the abatement deadline. If a hearing is requested the abatement process will be discontinued pending the outcome of the hearing. 07 -10 -10 Obstruction To Comfortable Enjoyment of Life: No person shall maintain, permit, cause or contribute to anything within the City which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. 07 -10 -11 Penalty: 1. Any person owning, managing or occupying any lots, lands or premises within such incorporated limits of the City who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in Section 07- 10 -01(A) shall be deemed guilty of a misdemeanor. The Code Enforcement Officer shall have the authority to issue a ticket to violators of Section 07 -10 -01 (A). Any person convicted of a violation of this Section shall be fined in a sum not less than one hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one (1) offense, and such person may be confined in jail for a period of not more than thirty (3 0) days. Either or both such fine and imprisonment may be imposed. 2. In addition to criminal penalties the City may cause the removal and disposal of any defined nuisance. If the City Pursues the abatement option in code 07 -10 -05 an administrative fee of $100.00 plus the cost of the cleanup will be assessed to the property owner or occupant. Each and every five (5) days any such person mentioned and described herein shall fail, refuse or neglect to comply with the provisions of this Article shall constitute a separate and distinct offense against the provisions of this Article and each such separate offenses shall be punishable as provided this section. (ord.1702, 8 -5 -85; Ord. 1808, 4 -17- 89 Section 2. All ordinances or parts of Ordinances inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. � r ' I F I . v 4 =;y s t or 4 =;y