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HomeMy WebLinkAbout623 Compiled Ordinance ORIGiNAL ORDINANCE NO. (;2:3 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 8-903 OF TITLE EIGHT, CHAPTER NINE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION 8-903, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, SECTION 1: That Section 8-903, of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: That Section 8-903 of the revised and compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 8-903 (A): Weeds: No owner of any lot, place, or area within the City, or occupant or person in control of same, shall permit on such lot, place or area or upon any street, sidewalk or public right of way abutting the same a public nuisance to exist as herein defined and found to exist by the City Clerk or his authorized representative. (1) WEEDS TO BE DESTROYED: Every person residing, doing business, owning, renting or leasing property within the City limits of Meridian shall be required to keep weeds over eight inches (8") in height (see definition herein), continuously cut down, weeded out, removed, sprayed or destroyed. This shall not only include all weeds on private property, but weeds 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. (2) All weeds, dry grasses, dead shrubs, dead trees, rubbish or any material growing upon the streets, sidewalks, adjacent public right of way or upon private property within the City, which by reason of size, manner of growth or location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be a public nuisance, weeds in excess of eight (8) inches are hereby specifically declared to be a public nuisance. 'l. (3) DEFINITION: Weed - 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. 8-903 (B): Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the City Clerk or his authorized representative, shall determine it necessary to protect adjacent property from fire exposure, an adequate firebreak may be required. 8-903 (C): Waste matter as hereinafter defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, is hereby declared a public nuisance. 8-903 (D): Waste matter is defined for the purpose of this Section as unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as: Rubble, asphalt, concrete, plaster, tile, and Rubbish, crates, cartons, metal and glass containers. 8-903 (E): If it is determined by the City Clerk or his authorized representative that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the City Clerk or his representative shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same, shall direct the abatement of the nuisance, shall specify the penalty provisions as provided herein, and shall specify the appeal process as provided herein. The notice above referenced may be served in the following ways: (1) By personal service on the owner of said lot, place or area, if owner lives within the City, or by personal service on the occupant or person in charge or control of the property, if such person can be identified, or (2) If said owner does not live within the City, by registered mail to the owner, at the address shown on the last available assessment role, or as otherwise known, or by . '}., personal service on the occupant or person in charge or control of the property, if such person can be identified, or ( 3 ) Should the owner not be known or have an available address, by posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two (2) weeks in the official newspaper of the City, and by personal service on the occupant or person in charge or control of the property, if such person can be identified. Said newspaper advertisement shall be a general notice that property in the City has been posted in accordance with this Section and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this Section. 8-903 (F): Within five (5) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council of the City. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) days after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. 8-903 (G): It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein within five (5) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within five (5) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. 8-903 (H): Upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Clerk shall notify the City Attorney in writing of the last known legal owner and property description in general terms. The City Attorney may cause legal action to be taken through the Magistrate's Court for action as follows: The owner or person in control of any lot, place or area within the City who shall permit or allow the existence of a public nuisance as defined in this Section, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this Section, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment, or the City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance, which, such court order shall include reimbursement to the City of its costs and attorney's fees. 8-903 (I): Upon direction of the City Council and at the Ci ty Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Section, the City Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property, for such cost which shall be collected with the real property taxes assessed against said property. (Ord. 510, 6-6-89) 8-903 (J): The provisions of this Section are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences or subsection. It is hereby declared to be the legislative intent that this Section would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Section or part thereof is held inapplicable had been specifically exempt therefrom. (Ord. 434, 6-18-84) SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. z:-IJ- PASSED AND APPROVED this ~day of October, 1993. C1.'f"l OF MBR1D1.A.N ORDINANCE NO. 623 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 8-903 OF TITLE EIGHT, CHAPTER NINE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION 8-903; PROVIDING AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; SECTION 1: That Section 8-903, of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: That Section 8-903 if the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 8-903 (A): Weeds: No owner of any lot, place, or area within the City, or occupent or person in control of same, shall permit on such lot, place or area or upon any street, sidewalk or public right of way abutting the same a public nuisance to exist as herein defined and found to exist by the City Clerk or his authorized representative. (1) WEEDS TO BE DESTROYED: Every person residing, doing business, owning, renting or leasing property within the City limits of Meridian shall be required to keep weeds over eight inches (8") in height (see definition herein), continuously cut down, weeded out, removed, sprayed or destroyed. This shall not only include all weeds on private property, but weeds situated on public property adjacent to or contiguous with private property including area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. (2) All Weeds, dry grasses, dead shrubs,dead trees, rubbish or any material growing upon the streets, sidewalks, adjacent public right of way or upon private property within the City, which by reason of size, manner of growth or location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be public nuisance; weeds in excess of eight (8) inches area hereby specifically declared to be a public nuisance. (3) DEFINITION: Weed - 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. 8-903 (B): Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the City Clerk or his authorized representative, shall determine it necessary to protect adjacent property from fire exposure, an adequate firebreak may be required. 8-903 (C): Waste matter as hereinafter defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, is hereby declared a public nuisance. 8-903 (D): Waste matter is defined for the purpose of this Section as unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as: Rubble, asphalt, concrete, plaster, tile; and Rubbish, crates, cartons, metal and glass containers. 8-903 (E): If it is determined by the City Clerk or his authorized representative that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the City Clerk or his representative shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance, shall specify the penalty provisions ans provided herein; and shall specify the appeal process as provided herein. The notice above referenced may be served in the following ways: (1) By personal service on the owner of said lot, place or area, if owner lives within the City, or by personal service on the occupant or person in charge or control of the property, if such person can be identified; or (2) If said owner does not live within the City, by registered mail to the owner, at the address shown on the last available assessment role, or as otherwise known; or by personal service on the occupant or person in charge or control of the property; if such person can be identified; or (3) Should the owner not be known or have an available address, by posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two (2) weeks in the official newspaper of the City, and by personal service on the occupent or person in charge or control of the property, if such person can be identified. Said newspaper advertisement shall be a general notice that property in the City has been posted in accordance with this Section and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this Section. 8-903 (F): Within five (5) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council of the City. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) says after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and and the decision of the City Council thereupon shall be final and conclusive. 8-903 (G): It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein within five (5) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within five (5) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. 8-903 (H): Upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Clerk shall notify the City Attorney in writing of the last known legal owner and property description in general terms. The City Attorney may cause legal action to be taken through the Magistrate's Court for action as follows: The owner or person in control of any lot, place or area within the City who shall permit or allow the existence of a public nuisance as defined in this Section, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of hte provisions of this section, shall be guilty of a misdeameanor and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment, or the City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance, which, such court order shall include reimbursement to the City of its costs and attorney's fees. 8-903 (I): Upon direction of the City Council and at the City Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Section, the City Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property, for such cost which shall be collected with the real property taxes assessed against said property. (Ord. 510, 6-6-89) 8-903 (J): The provisions of this Section are separable ans if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or sirumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses sentences or subsection. It is hereby declared to be the legislative intent that this Section would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Section or part thereof is held inapplicable had been speciffically exempt therefrom. (Ord. 434, 6-18-84) SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 5th day of October, 1993. CITY OF MERIDIAN GRANT P. KINGSFORD, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK