HomeMy WebLinkAboutCady Appeal FFCL FinalSteven P. Cady Findings of Fact, Conclusions of Law; Decision, and Order- PAGE 1 of 3
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of. an Appeal by Steven P. Cady, representing as the owner of Cherry Lane
Mobile Home Park
For the City Council Hearing Date of: May 2, 2006 and May 9, 2006
A. Findings of Fact
1. That pursuant to Meridian City Code Title 4, Chapter 4, Section 4:
It shall be unlawful for any person to maintain, store, park or keep a junk vehicle,
vehicles or parts thereof or junk personal property on real property, public or
private, in the City, except as authorized in this Chapter.
2. That pursuant to Meridian City Code Title 4, Chapter 4, Section 6:
Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are
hereby declared to be a public nuisance
3. That the City of Meridian Police Department Code Enforcement Division sent notice to
the titled owner Agnes Hoff on April 6, 2006 to remove junk vehicles and junk property
from the location of the Cherry Lane Mobile Home Park located at 314 W. Cherry Lane.
4. That Steven P. Cady appeared as the owner of said Cherry Lane Mobile Home Park and
provided the City with a Purchase and Sale Agreement that indicated his ownership
interest.
5. That Steven P. Cady filed a Notice of Appeal as required by Meridian City Code within
the required time period,
6. That the Meridian City Council held a hearing on May 2, 2006 and took evidence and
testimony from Joe Venneman, Meridian City Code Enforcement officer, Steven P. Cady,
appellant, and also received photographic evidence of the site and the accumulated
property.
7. After said the hearing the Meridian City Council did move to continue the matter for one
week to May 9, 2006 to allow the appellant to complete the removal of junk property and
to allow for the removal or registration of working vehicles.
Steven P. Cady Findings of Fact, Conclusions of Law; Decision, and Order- PAGE 2 of 3
8. That on May 9, 2006 the appellant returned and indicated that only two remaining items
needed to be removed for the property to be in compliance with the Meridian City Code.
B. Conclusions of Law
1. The City of Meridian has authority from Idaho Code § 50-302 to create laws and
ordinances to maintain peace and promote the general welfare of the City with
corresponding authority to enforce said laws and ordinances.
2. The Meridian City Council takes judicial notice of its own ordinances, specifically Title
4, Chapter of the Meridian City Code as related to ABANDONED OR INOPERABLE
VEHICLES OR PERSONAL PROPERTY.
3. That City of Meridian Code Enforcement Division is an authorized enforcement entity of
the City for the enforcement of this ordinance.
4. That reasonable grounds did exist to take enforcement action in regards to the
accumulation of junk vehicles and junk personal property as defined by Meridian City
Code.
5. That proper notice was sent to the property owner as required by Ordinance.
6. That the property did timely request an appeal hearing as allowed by the ordinance.
7. That a hearing was held with adequate notice and for opportunity for the City and the
appellant to be heard.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 4-4-9 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The appellant property owner, Steven Cady, is ordered to remove all junk vehicles and
junk property as defined by the Meridian City Code from the property of the Cherry
Lane Mobile Home Park located at 424 W. Cherry Lane in the City of Meridian, Idaho.
2. That the owner of Cherry Lane Mobile Home Park is on notice that the order of the
City Council is on-going and the property must remain free and clear from the
accumulation of junk vehicles and junk personal property as defined by the Meridian
City Ordinance.
3. That pursuant to Meridian City Code § 4-4-9 this Order of the City Council is final and
conclusive.
Steven P. Cady Findings of Fact, Conclusions of Law; Decision, and Order- PAGE 3 of 3
By action of the City Council at its regular meeting held on the ___________ day of
________________, 2006.
COUNCIL MEMBER SHAUN WARDLE VOTED_______
COUNCIL MEMBER JOE BORTON VOTED_______
COUNCIL MEMBER CHARLIE ROUNTREE VOTED_______
COUNCIL MEMBER KEITH BIRD VOTED_______
MAYOR TAMMY de WEERD VOTED_______
(TIE BREAKER)
_____________________________
Mayor Tammy de Weerd
Attest:
__________________________________
William G. Berg, Jr., City Clerk
Copy served upon Appellant, Code Enforcement, and City Attorney
By: __________________________________ Dated: ________________________
City Clerk