The URL can be used to link to this page

Home My WebLink AboutORD 3171BILL NO. 41 ORDINANCE NO. 3171 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 7, ARffCLE 11, SECTION 07-11-05 OF THE CALDWELL CITY CODE PERTAINING TO THE ABATEMENT OF NUISANCES; AMENDING CHAPTER 12, ARTICLE 19, SECTION 12-19-13, AT SUBSECTION (3), RELATING TO THE PROCEDURE FOR AN APPEAL OF A DECISION BY A BUILDING DEPARTMENT EMPLOYEE TO THE BUILDING OFFICIAL, OR OF THE BUILDING OFFICIAL TO THE BOARD OF BUILDING APPEALS; 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 Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 7, Article 11, Section 07-11-05, of the Caldwell City Code, pertaining to the abatement of nuisances, be amended as follows: 07-11-05: ABATEMENT OF NUISANCES; PROCEDURES, PENALTIES AND APPEALS: (1) Request For Voluntary Compliance: If it is determined by a code enforcement officer that a nuisance exists on any property, the code enforcement officer shall cause a written request for voluntary compliance to be issued to the owner, occupier, mor person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the nuisance existing thereon, request voluntary action to eliminate the nuisance, and establish the time period for voluntary elimination of said nuisance, which shall be ten (10) days from the date of the request for voluntary compliance. No Request for Voluntary Compliance shall be issued for subsequent violations of the same type. (2) Intent Of Abatement Notice: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, a code enforcement officer finds that a nuisance still exists on any property, or in the event of subsequent or continuing violations, the officer shall cause an intent of abatement notice to be issued to the owner, occupier, mor person in control of such property. Such intent of abatement notice shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such intent of abatement notice to the owner, PAGE -1 occupier, or person in control of the property on which the nuisance exists in one of the following ways: (3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within #max-(five5 calendar days from the date of personal service, mailing, or publication, however, the code enforcement officer may require summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. (4) Appeal: Within sem) four 4 calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, mor person in charge or control of the subject property may appeal to the city council by filing a written appeal with the city clerk, which appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing at the next regular meeting of city council. City council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city council shall be final. If the city council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. Section 2. That Chapter 12, Article 19, Section 12-19-13, at Subsection (3), of the Caldwell City Code, pertaining to the procedure for filing an appeal of a decision by a building department employee to the building official, or of the building. official to the board of building appeals, be amended as follows: 12-19-13: APPEAL PROCEDURE: Any person aggrieved by any decision of any person or persons in the building department may appeal in the manner provided in this section. (1) Appeal To Building Official: Within ten (10) working days of the decision complained of, the person making the appeal shall file a written notice of appeal to the building official. The notice of appeal may be filed by delivering it to the building official, and shall set forth the particular section(s) of the code(ss involved and a detailed statement of the Grounds and reasons why the decision made should be modified or vacated. A filing fee, in an amount set by resolution of the city council, shall be submitted with the notice of appeal to cover administrative costs and shall be made payable to the city and directed to the building official. The building official shall decide the appeal within ten (10) working days if no hearing is requested. If the person taking the appeal asks for a hearing, the building official shall schedule an informal hearing, with three (3) days' notice by telephone or mail PAGE -2 to the person taking the appeal. If there is a hearing the building official will make his decision within ten (10) days after said hearing is held. If the decision complained of was made by the building official, the appellant may proceed to subsection (3) of this section and direct his or her appeal directly to the appeals board. (2) Written Decisions: All decisions of the building official under this section shall be in writing. (3) Appeal To Appeals Board: Any person aggrieved by a decision of the building official hereunder may, within ten (10) working days of the decision, appeal to the building appeals board. The appeal shall be started by filing a written petition with the city clerk, requesting a hearing of the appeal setting forth the particular sectiones of the coded involved and a detailed statement of the grounds and reasons why the decision made should be modified or vacated. A ten dell (&&80) -filing fee in an amount set by resolution of the city council, shall be submitted with the petition for appeal to cover administrative costs and shall be made payable to the city and directed to the city clerk. Failure to file a timely written petition as required herein shall constitute a waiver of the right to appeal and the decision of the building official shall constitute a final determination. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 4. 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 5. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20th day of August, 2018. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 20th day of August, 2018. f - Mayor Garret Nancolas PAGE -3 X11 OF 4 �� X00 CORPO 0 s J"I N S %� D,y •i8p p .••••gip ems: ATTEST: City Cl rk ( r2 Aepu ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3171 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 7, ARTICLE 11, SECTION 07-11-05 OF THE CALDWELL CITY CODE PERTAINING TO THE ABATEMENT OF NUISANCES; AMENDING CHAPTER 12, ARTICLE 19, SECTION 12-19-13, AT SUBSECTION (3), RELATING TO THE PROCEDURE FOR AN APPEAL OF A DECISION BY A BUILDING DEPARTMENT EMPLOYEE TO THE BUILDING OFFICIAL, OR OF THE BUILDING OFFICIAL TO THE BOARD OF BUILDING APPEALS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections 1 and 2: Amends Chapter 7, Article 11, Section 07-11-05, of the Caldwell City Code, pertaining to the abatement of nuisances to reflect the following changes: A Request For Voluntary Compliance will no longer be issued for repeat violations, the time period for abatement will be five days instead of ten, and the appeal period will be four days instead of seven; Amends Chapter 12, Article 19, Section 12-19-13, so as to clarify that a filing fee will be charged for an appeal of a decision of a building department employee to the building official, in an amount set by resolution of the city council, and to change the former filing fee for an appeal of a decision of the building official to the board of building appeals from $10.00 to an amount set by resolution of the city council. Sections 3 through 5: 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. 3171 provides an effective date, which shall be on the 28th day of August, 2018. Ordinance No. 3171 was passed by the Council and approved by the Mayor on the 20th day of August, 2018. 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 20th day of August, 2018, for publication on the 28th day of August, 2018, pursuant to Idaho Code § 5 0-90 1 A. Mayor Garret Nancolas 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. 3171 and provides adequate notice to the public as to the contents of such ordinance. DATED this 20th day of August, 2018. Mark Hilty, Attorney for City of Caldwel�