HomeMy WebLinkAboutORD 2923BILL NO. 2
ORDINANCE NO. 2923
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 4, ARTICLE 19, SECTIONS O4- 19 -07, 04- 19- 07 -03, 04- 19- 07 -09, 04- 19 -09, 04-
19-11, AND 04- 09 -15, OF THE CALDWELL CITY CODE, PERTAINING TO
REGULATIONS FOR EROSION AND SEDIMENT CONTROL /GRADING;
AMENDING CHAPTER 2, ARTICLE 17, SECTION 02- 17 -06, ENTITLED "FUNDING,"
TO CLARIFY THE AMOUNT OF FUNDS WHICH MAY BE ACCUMULATED BY
THE HISTORIC PRESERVATION COMMISSION FROM YEAR TO YEAR;
REPEALING, IN ITS ENTIRETY, CHAPTER 7, ARTICLE 9, SECTIONS 07 -09 -01
THROUGH 07- 09 -07, INCLUSIVE, PERTAINING TO WEEDS; AMENDING
CHAPTER 12, ARTICLE 15, SECTION 12- 15 -03, ENTITLED "DEFINITIONS," TO
UPDATE REFERENCES TO AN EXTERNAL DOCUMENT PREPARED BY FEMA;
AND, AMENDING CHAPTER 8, ARTICLE 6, SECTION 08- 06 -05, ENTITLED
"FAILURE TO SUPERVISE A CHILD," TO MAKE SAID ARTICLE APPLICABLE TO
ALL CHILDREN UNDER EIGHTEEN YEARS OF AGE; PROVIDING FOR 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 City Council of the City of Caldwell, County of
Canyon, State of Idaho:
Section 1: That Chapter 4, Article 19, Sections 04- 19 -07, 04- 19- 07 -03, 04- 19- 07 -09,
04- 19 -09, 04- 19 -11, and 04- 19 -15, of the Caldwell City Code, pertaining to "Erosion and
Sediment Control /Grading," be amended, as follows:
04- 19 -07: PERMITS:
E.R. The Caldwell public works department will review each application
for a site development permit to determine its conformance with the provisions of
this article. Within ten (10) working days after receiving a complete application,
the Caldwell public works department shall, in writing: (1) Notify the applicant
ORDINANCE No. 2923 - PAC I, 1
that the department has reviewed the permit application for compliance, and (2)
Approve the permit application or disapprove the permit application indicating the
deficiencies and the procedure for submitting a revised application and /or
submission.
04- 19- 07 -03: FEES REQUIRED:
Permits required under this title require fees to be paid at time of issuance of a
permit. Said fees_ shall be set by resolution of the city council.
shall be assessed at a rate ef twiee that of the original peFmit fee unless othervise
herein
04- 19- 07 -09: FAILURE TO CORRECT VIOLATION; PERMIT REVOCATION:
In case of violation of any of the provisions of this article or other regulation of
the city of Caldwell related to any permitted project, by any person holding a required
permit and after such violator has been given written notice of such violation and said
licensee has failed to correct the violation within the time specified in the notice, the
public works director, or his authorized representative, may declare the permit revoked
and notify the permittee. Any permittee who has had their permit so revoked shall not he
issued another permit until said violation has been corrected and formal application made
as provided in this section 4 -19 -7. Any revocation may be appealed in writing to the
council within fifteen days from the date the notice of the revocation is given to the
permittee. If the requested corrective action is not taken, the city of Caldwell may take
the action necessary to correct the violation leading; to said revocation, and shall chafe
any and all costs incurred therein to the violator and /or to the property upon which said
violation occurred.
4- 19 -09: EROSION AND SEDIMENT CONTROL PLAN:
C. Modifications to the plan:
1. Field modifications of a minor nature may be authorized by the
Caldwell public works department by written authorization to the
permittee.
ORDINANCE No. 2923- PAGE 2
2. Modifications or amendments of the erosion and sediment
control plan considered by the Caldwell public works department to be
maior in nature shall be processed and approved or disapproved in the
same manner as the original plans.
1. Major- affiendnients of the erosion and sedifnent eentr-4-�
shall be s ubmitted t the Cald u bli rk d ,, nt a nd s h a ll I,o
origin pl ans.
4- 19 -11: GENERAL REQUIREMENTS AND PROHIBITIONS:
Grading, erosion control practices, sediment control practices, and waterway
crossings on all construction sites, fegardless of size and all other activity govemed by
this article shall meet the requirements of this see#ien article and the design criteria set
forth in the most recent version of the "Idaho Construction Site Erosion and Sediment
Control Field Guide," and shall be adequate to prevent transportation of sediment from
the site to the satisfaction of the Caldwell public works department.
4- 19 -15: ENFORCEMENT:
A. Stop Work Orders; Revocation Of Permit: In the event that any person
undertakes activity regulated by this article without first procuring a valid current
permit, or any person holding a site development permit pursuant to this article
violates the terms of the permit, or implements site development in such a manner
as to materially adversely affect the health, welfare, or safety of persons residing
or working in the neighborhood or development site so as to be materially
detrimental to the public welfare or injurious to property or improvements in the
neighborhood, the Caldwell public works department may issue a Stop Work
Order and /or suspend or revoke the site development permit.
B. Violation And Penalties: No person shall construct, enlarge, alter,
repair, or maintain any grading, excavation, or fill, or cause the same to be done,
contrary to or in violation of any terms of this article. Any person violating any of
the provisions of this article shall be deemed guilty of a misdemeanor, punishable
ORDINANCE No. 2923 PAGE 3
as provided in Idaho Code §§ 50- 302(1) and 18 -113, as amended. Each day
during which any violation of any of the provisions of this article is committed,
continued or permitted, shall constitute a separate offense. In addition to any
other penalty authorized by this section, any person, partnership, or corporation
convicted of violating any of the provisions of this article shall be required to bear
the costs and expenses of restoration resulting therefrom.
Section 2: That Chapter 7, Article 11, Section 07 -11 -05 of the Caldwell City Code,
pertaining to nuisance abatement, be amended, as follows:
07- 11 -05: ABATEMENT OF NUISANCES; PROCEDURES, PENALTIES &
APPEALS:
7. Abatement; Administrative Penalties: In addition to pursuing criminal
and/or civil penalties, and notwithstanding the imposition of any civil or criminal
fine, penalty or imprisonment, the code enforcement officer, after providing
notice and hearing as provided herein, may abate or cause the abatement of
any nuisance where the owner, occupant, agent or person in control of property
does not comply in all respects with the Intent of Abatement Notice, the -eade
a°.i =Ivry" The
owner, occupier, and /or person in charge or control of the subject property shall
be billed, assessed, and /or held responsible for any and all actual expenses of such
work, and any related charges, including fees and fines that may be imposed
pursuant to this chapter and /or adopted by fee schedule, pursuant to the following
procedures:
Section 3: That Chapter 2, Article 17, Section 02- 17 -06, of the Caldwell City Code,
entitled "Funding," be amended, as follows:
(2) Any funds received by athe historic preservation commission may be
accumulated from year to year and need not be expended during any one fiscal year,
provided that the maximum accumulation of funds received from ad valorem taxes shall
not exceed twice the amount of money authorized by the council in the previous year
pursuant t subsection (1) of this section.
Section 4: That Chapter 7, Article 9, Sections 07 -09 -01 through 07- 09 -07, inclusive,
entitled "Weeds," be deleted and repealed in its entirety, and that the word "REPEALED"
ORDINANCE NO. 2923— PAGE 4
replace it in the Caldwell City Code as a placeholder.
Section 5: That Chapter 12, Article 15, Section 12- 15 -03, of the Caldwell City Code,
entitled "Definitions," be amended, as follows:
HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the
ground surface prior to construction, adjacent to the proposed walls of a structure. Refer
to the elevation- eertificate, FEMA f Fm 47 ,q ost current National Flood Insurance
Program Elevation Certificate for HAG related to building elevation information.
LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level
next to the structure. Refer to the elevatianeeFtifieate, FE"--4 f vm 41 �,most current
National Flood Insurance Program Elevation Certificate for LAG related to building
elevation information.
Section 6: That Chapter 8, Article 6, Section 08- 06 -05, of the Caldwell City Code,
entitled "Failure to Supervise a Child," be amended, as follows:
08- 06 -05: FAILURE TO SUPERVISE A CHILD:
Any person who is the parent, lawful guardian or other person, except a foster
parent, lawfully charged with the care or custody of a child under eighteen (18) sifen
04) -years of age commits the offense of failure to supervise a child, if the child commits
any of the following acts:
(l) Commits an act to bring the child within the purview of the Juvenile
Corrections Act, chapter 5, title 20, Idaho Code, or commits a crime for which the
child is required to be tried as an adult, or for which jurisdiction under the
Juvenile Corrections Act is subject to waiver pursuant to chapter 5, title 20, Idaho
Code; or
(2) Fails to attend school or is not comparably instructed as provided in
section 33 -202 Idaho Code unless said child is sixteen (16) years or older or
(3) Violates a curfew law of this City.
Section 7: This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
OR DINANCE No. 2923 - P AGE 5
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- -' ,�,' 1 IN
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2923
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
4, ARTICLE 19, SECTIONS 04-19-07,04-19-07-03,04-19-07-09,04-19-09,04-19-11, AND 04- 09 -15,
OF THE CALDWELL CITY CODE, PERTAINING TO REGULATIONS FOR EROSION AND
SEDIMENT CONTROL /GRADING; AMENDING CHAPTER 2, ARTICLE 17, SECTION 02 -17-
06, ENTITLED "FUNDING," TO CLARIFY THE AMOUNT OF FUNDS WHICH MAY BE
ACCUMULATED BY THE HISTORIC PRESERVATION COMMISSION FROM YEAR TO
YEAR; REPEALING, IN ITS ENTIRETY, CHAPTER 7, ARTICLE 9, SECTIONS 07 -09 -01
THROUGH 07- 09 -07, INCLUSIVE, PERTAINING TO WEEDS; AMENDING CHAPTER 12,
ARTICLE 15, SECTION 12- 15 -03, ENTITLED "DEFINITIONS," TO UPDATE REFERENCES
TO AN EXTERNAL DOCUMENT PREPARED BY FEMA; AND, AMENDING CHAPTER 8,
ARTICLE 6, SECTION 08- 06 -05, ENTITLED "FAILURE TO SUPERVISE A CHILD," TO
MAKE SAID ARTICLE APPLICABLE TO ALL CHILDREN UNDER EIGHTEEN YEARS OF
AGE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN
CONFLICT HEREWITH.
Sections I through 6: Amends several sections of Chapter 4, Article 19, pertaining to regulations for
erosion and sediment control/grading by eliminating unintended requirement of a bond, to clarify that fees
will be as set by council, to clarify the difference in procedure for major and minor modifications to a
plan, and to provide additional detail with respect to enforcement; amends Chapter 7, Article 11, Section
07-11-05 to eliminate unnecessary verbiage; amends Chapter 2, Article 17, Section 02- 17 -06, pertaining
to the amount of funds which may be accumulated by the Historic Preservation Commission from year to
year; repeals Chapter 7, Article 9, Sections 07 -09 -01 through 07- 09 -01, inclusive, entitled "Weeds," since
it has effectively been replaced by recent amendments to Chapter 7, Article 11; amends Chapter 12,
Article 15, Section 12 -05 -03 to update references to an external document prepared by FEMA; and,
amends Chapter 8, Article 6, Section 08- 06 -05, pertaining to a parent or guardian's responsibility to
supervise his or her children, and the misdemeanor crime of which a parent or guardian may be guilty for
failure to fulfill that responsibility, by extending the age of a child which must be so supervised from
sixteen (16) to eighteen (18).
Sections 7 through 9: 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. 2923 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 22 day of April, 2013. Ordinance No. 2923 was passed by the Council and approved by the
Mayor on the 15 day of April, 2013. 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 15` day of April, 2013, for publication on the 22 "d day of April, 2013, pursuant to Idaho Code §
50-901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
1 have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2923 and provides adequate notice to the public as to a.
the contents of such ordinance.
DATED this 17' day of September, 2012''
Mark Hilty, Attorney for City of Caldwell