Loading...
HomeMy WebLinkAbout1989 06-06 A G E N D A MERIDIAN CITY COUNCIL JUNE 6, 1989 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 16, 1989: PROCLAMATION DECLARING JUNE 17, 1989 "PAINT THE TOWN DAY" 1: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY PATSY GARRETT FOR DAY CARE: (APPROVED) 2: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY TRUDY HADLEY FOR DAY CARE: (APPROVED) 3: PUBLIC HEARING: VARIANCE REQUEST BY KENNETH ECK ON FENCE :(APPROVED) 4: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 5: APPROVE THE BILL S: (APPROVED) 6: PETER COVINO,JR. , USE OF OLD INTERMEDIATE SCHOOL: (NOT IN ATTENDANCE) 7: ORDINANCE # 507: PARKING ORDINANCE, SECOND READING: (APPROVED) 8: ORDINANCE # 508: AMENDMENT TO ABANDONED VEHICLE & PERSONAL PROPERTY ORDINANCE: SECON D READING: (APPROVED) 9: ORDINANCE # 509: OPEN CONTAINER ORDINANCE; SECOND READING: (APPROVED) 10: ORDINANCE # 510: AMENDMENT TO OFFENSIVE. OR NOXIOUS WEED ORDINANCE; SECOND READING: (APPROVED) 11: ORDINANCE # 511: IRRIGATION & DRAINAGE CANALS & DITCHES; MAINTENANCE: SECOND READING: (AppROVED) 12: DEPARTMENT REPOR TS: MERIDIAN CITY COUNCIL JUNE 6, 1989 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow, Grant Kingsford: Others Present: Terry Smith, Wilma Blair, Steven P. Cady, Kevin Robertson, Bill Gordon, K. Beumeler, Kenneth Eck, Sharon Olsen, Gary Smith, Paul Stutzman, Patsy Garrett, Trudy Hadley, Moe Alidjani, Skip Voss, Ray Campbell, Carla Miller, Gene Kindred, Liz Bolts, Jack Niemann: The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the previous meeting held May 16, 1989 as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring June 17, 1989 as "Paint The Town Day". Item #1: Public Hearing: Application for Conditional Use Permit by Patsy Garrett for Day Care: At this time i will open the public hearing, is there anyone from the public who wishes to offer testimony on the Conditional Use Permit for Patsy Garrett? There was no response. Public Hearing is closed. Council Members you have the Findings of Fact & Conclusions prepared for the Planning & Zoning Commission. Myers made a motion and Tolsma seconded it to approve of the Findings of Facts & Conclusions of Law as prepared for the Planning & Zoning Commission. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Kingsford: We now need to approve the Coniditonal Use Permit. Myers made a motion to approve the Conditional Use Permit. Tolsma: I have a question on this. The basement area has been converted to a play area for children, Mr. Fire Marshal was the basement approved. Voss: Not at the time we did our inspection, we did not know it would be part of the Day Care. Tolsma: Does it require two entrances and two exits? Voss: I am not sure at this time under the new law where basements are covered under the new State Law for Day Care Centers. Kingsford: Is Patsy here? Could you address that issue. Garrett: I don't have a Day Care in my basement. I don't use the basement at all. Myers: I withdraw the motion I had previously made. Morrow: I would move that we strike Item #10 from the Findings, Myers seconded. MERIDIAN CITY COUNCIL • • JUNE 6, 1989 PAGE #2 Motion Carried: All Yea: Myers made a Motion and Tolsma seconded it to approve the Condition Use Permit for Patsy Garrett for Day Care. Motion Carried: All Yea: Item #2: Public Hearing: Application for Conditional Use Permit by Trudy Hadley for Day Care: At this time I will open the Public Hearing for testimony on that issue, is there anyone from the public who wishes to offer testimony? Would you please come forward and state your name and be sworn. Carla Miller, 652 West Idaho, was sworn by City Attorney. Miller: it is really hard now days to find a good sitter you can trust to have you kids eight hours a day. Trudy is very responsible. Kingsford: Anyone else from the public that wishes to offer testimony on this issue. There was no response. I will now close the Public Hearing. Council members you've have the Findings of Facts and Conclusions as prepared by Planning & Zoning. Giesler: I would like to ask Wayne regarding the swimming pool, in the Findings it does have a release of the City from any liability. With this in fact we would never have any problems. Crookston: There is always exposure to the City, but the waiver helps it. Hadley: The swimming pool is for sale. It's not near as important to me as my kids. It is for sale. Myers made a motion and Tolsma seconded it to approve the Findings of Facts and Conclusions of Law as prepared for the Planning & Zoning Commission. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: Morrow made a motion and Myers seconded it to approve the Conditional Use Permit for Trudy Hadley for Day Care. Motion Carried: All Yea: Item #3: Public Hearing: Variance Request by Kenneth Eck on Fence: At this time I will open the Public Hearing on that issue. Is there anyone from the Public who wishes to offer testimony on this issue. There was no response. At this time I will close the Public Hearing. Any questions of the Council? Giesler: Have you had an opportunity to review this request at this location, Bill? Chief Gordon: Yes I have, the Sergeant took me out this afternoon and explained the situation. The City Engineer has been out there and I think the two of them have come up with a solution to allow enough room for visibility. The street department has placed a yield sign on the one intersection, the speed and the yield sign and the visibility what we all have come up with has allowed enough room where it is a safe condition. MERIDIAN CITY COUNCIL • • JUNE 6, 1989 PAGE #3 Giesler: There would be no chance at all that maybe you'd feel the need to put a stop sign there instead of a yield sign. I think that the yield sign is great, it has been needed there for a long time but whether we could even get a stop sign there might be a problem. City Engineer: I think it would be a problem. We did have a hard time getting a stop sign at Pine and Linder and there were a few accidents there. Giesler: If they feel comfortable with it that's the only questions that I had. Kingsford: Kenneth, it is my understanding that you are planning to move that back from the sidewalk 5 ft. Eck: Yes, I appreciate the efforts of Gary and the officers involved for working with me on this. Giesler made a Motion and Morrow seconded it to approve the Variance Request for Kenneth Eck on the fence. Giesler amends his motion and Morrow withdraws his second so the motion can be amended. Giesler makes a Motion and Morrow seconds it to have the Findings of Fact drawn up by the City Attorney. Motion Carried: All Yea: Tolsma made a Motion and Myers seconded it to approve the Conditionary Building of the fence. Motion Carried: All Yea: Item #4: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-termination hearing at 7:30 p.m. 6/6/89 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain counsel. Is there anyone present to contest their water, sewer & trash bill? Wilma Blair, I have a part of my bill now $30.00 and I could pay the rest next month. Kingsford: I would recommend to the Council that we exclude this one from the turn off list. Anyone else from the public? Come forward and state your name. Steven Cady, Meridian Mobile Home Park: The water and trash bill has been paid, the sewer is what seems to be the question here. I received my sewer bill for March and it was about $1,200.00. We did have some major leaks in the park and Gary had adjusted the bill about $203.00 but it is still a $1,000.00 sewer bill. I have written a letter to Gary, Mayor Kingsford and Jack. This bill is an increase of 548 over the highest bill I have ever received. I paid the water because we wasted it but I can't see paying a huge sewer bill for running it out on the road. Kingsford: We did have some concern, and all the trailer parks were up during that time. Alot of people left the water running to keep it from freezing and that contributed MERIDIAN CITY COUNCIL • • JUNE 6, 1989 PAGE #4 to part of it. Maybe Gary since you have your notes there you could shed some light on this. City Engineer: Basically, what I received from Steven was a copy of a plumbers bill for a repair which was made in February and that was the only evidence I had. I went back and looked at the average usage for the three mobile home parks and there were two that were up and one that was down. The basis that I recommend a adjustment is from the evidence of repair. To do any more work or possibility of adjustment that's what we need. Kingsford: Could we make an appointment to meet with you next week and look at that. Is there anyone else from the public who wishes to contest their water, sewer, trash bill? Please come forward and state your name. Sharon Olsen: My problem is concerning 1434 West 8th, Apt. C, it had a high bill in March. There hasn't been anyone in it since January 20th and it was empty until February 15th when a single man moved in. The bill says I used 22,000 Gal. I requested some information from the PUC regarding water meters, I was wondering if a piece of ice could have passed through it and caused a malfunction. I had my water meter tested and it did register slow and they took it out. Since they took it out I have used 2,200 Gal. not 22,000 Gal. City Engineer: We did our standard procedure as far as a leak check. We tested the meter and I called Mrs. Olsen and told her the results at which time she requested to watch the test so we retested it again. The meter was replaced and in May there was 2,600 Gal. monitored. I did adjust the sewer average down so that Mrs. Olsen wasn't paying the average based on the 22,000 Gal.for the remainder of the summer. Morrow made the motion and Myers seconded it to have the Board of Adjustment handle this. Motion Carried: All Yea: Kingsford: is there anyone else who wishes to contest their water, sewer, trash bill. There was no response. I would recommend that the Council approve the turn off list less those who have appeared here tonight. Myers. made the Motion and Tolsma seconded it to approve the turn off list with the exclusion of those who appeared here tonight. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Court, pursuant to Idaho Code. Even though they appeal their water will be shut off: The amount of delinquencies this month is $8,471.42. Item #5: Approve the Bills: The Motion was made by Myers and seconded by Giesler to approve the payment of the bills: Motion Carried: All Yea: Item #6: Peter Covino, Jr., Use of Old Intermediate School: MERIDIAN CITY COUNCIL • • JUNE 6, 1989 PAGE #5 Kingsford: Being absent we will skip over that item on the Agenda. Item #7: Ordinance #507: Parking Ordinance, Second Reading: Kingsford: An Ordinance of the City of Meridian repealing Chapter 1, 'Pitle 10 of the revised and compiled Ordinances of the City of Meridian and re-enacting said Chapter 1, Title 10 to read as set forth herein; and repealing Chapter 3, Title 10 of the revised and compiled Ordinances of the City of Meridian and re-enacting said Chapter 3, Title 10 to read as set forth herein; and to provide an effective date. Crookston: The Ordinance recodifies the parking provisions the most important change of which is the change the violation parking limitation from a misdemeanor to an infraction and makes the entire parking area enforceable. Myers: Extended Parking Prohibited 10-305, it basically says that you can not park a vehicle on the street for 72 hours or longer. So if you have company come visit you and their vehicle is parked in front of your house for 72 hours they are subject to having a .citation. Is that correct? Crookston: Yes, that is correct. There was further discussion on this Ordinance. (TAPE ON FILE) Kingsford: Let's call this the second reading of this Ordinance. Gene Kindred: On RV units, does the setback Ordinance have anything to do with that? What if it's more than 72 hours. Kingsford: Then what you have is we have an Ordinance that doesn't allow for those to be there in a residential zone. If it is more than 72 hours then you need to come before the Council and get prior approval. Ray Campbell: Voiced his concerns about vehicles parked on the sidewalks, trailers which are left sitting with no motor vehicle attached. Concerned about emergency vehicles being able to get into the Court. Kingsford: Your concerns are shared by a number of other people. The major thing with parking on the sidewalks is that the idea of now we can enforce it. Morrow: The only thing we are down to now is the vehicle weight and whether or not its licensed weight or vehicle weight. Terry Smith: Section 10-302 #11 - Am I correct that the there is the ability to fluxuate the hours, the limit now is 2 hours for the parking. Crookston: There is not that much flexibility in it. Campbell: How about all the garbage trailers, etc. left sitting all year. Kingsford: Those are all covered in this Ordinance. Liz Bolts: We live in Meridian Place Subdivision, currently we have a trailer that's sitting on Jericho that has been there for months. Also voiced concerns about trailers etc. left sitting. Kingsford: I have had it brought to my attention about some vehicles parked on Meridian Road, some individuals payed the highway district to widen it there so it is on their MERIDIAN CITY CIX7NCIL • • JUNE 6, 1989 PAGE #6 property.Would it be appropriate for us to approve the Ordinance deleting section 10-308 and go ahead and retune that and get it passed as a separate version. Crookston: You can leave the section as 10-308 and mark it as reserved and approve it when it's done. Bolts: When can this start to be enforced after it's published? Kingsford: As soon as it is published. Robertson: No problem with us starting to enforce it but we will need a final copy before we can start because we will have to have some City citations printed up with a code number on them. Crookston: This probably wouldn't be enforceable until at least June 15th. The Motion was .made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 507 be passed and approved with section 10-308 being shown as reserved until such time it has been reworked. Roll Call Vote: Morrow - Yea; Myers - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: Item #8: Ordinance #508: Amendment to Abandoned Vehicle * Personal Property Ordinance: Second Reading: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 18. TITLE 8, ABANDONED, WRECKID OR STOLEN VEHICLES OR PERSONAL PROPERTY, AND RE-ENACTING SAID CHAPTER WITH CHANGES AND MODIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. Crookston: This is a recodification of an existing Ordinance that the City of Meridian has in effect. It readopts the majority of what we had before but it also enmbles the City to go onto private property to remove abandoned or junk vehicles. It also makes the owner of the property responsible for the cost of removal. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 508 be passed and approved. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Item #9: Ordinance #509: Open Container Ordinance: Second Reading: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING AN ALCOHOLIC BEVERAGE OPEN CONTAINER LAW PROHIBITING THE REMOVAL OF ALCOHOLIC BEVERAGES FROM A LICENSED ESTABLISH- MENT; AND PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A MOTOR VEHICLE; AND PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Crookston: Initially the Ordinance was drafted to not only prohibit consumption of alcoholic beverages in a vehicle but also having an open container in a vehicle also passed to prohibit the removal of any container of alcoholic beverage from a licensed premises and to provide penalties. I have changed the wording to define what a premises is. MERIDIAN CITY COUNCIL • • JUNE 6. 1989 PAGE #7 Basically the premises it that area owned or operated by an individual operating the business that holds the Beer, Wine or Liquor License and adjacent property which is improved with patios, sidewalks or enclosed areas it makes those also a part of the licensed premises. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 509 be passed and approved. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Item #10: Ordinance #510: Amendment to Offensive or Noxious Weed Ordinance; Second Reading: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AND AMENDING CHAPTER 9, TITLE 8, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN CHANGING THE NOTICE REQUIREMENTS FOR A FIRE HAZARD NUISANCE, ADDING PROVISION FOR COLLECTION OF COURT COSTS AND ATTORNEY FEES IN THE EVENT SUIT IS BROUGHT TO ENJOIN A NUISANCE, AND TO FURTHER PROVIDE FOR THE ASSESSMENT OF SPECIAL LEVIES AGAINST PROPERTY TO BE COLLECTED WITH THE REAL PROPERTY TAXES IN THE EVENT THE CITY ABATES A DECLARED NUISANCE; AND PROVIDING AN EFFECTIVE DATE. Crookston: Again the City already had an Ordinance dealing with this subject matter, the specific additions are to allow for collection of costs if the City has to go upon the property to do things and makes those costs assessible with the real property taxes and if not paid they can be collected by that means. Giesler: Do I read this correctly, this will be strictly enforced by the Fire Department? Kingsford: They will be the issuing agency. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 .and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 510 be passed and approved. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: Item #11: Ordinance #511: Irrigation & Drainage Canals & Ditches; Maintenance: Second Reading: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN DEALING WITH IRRIGATION AND DRAINAGE CANALS AND DITCHER AND MAINTENANCE THEREOF WHICH CHAPTER SHALL BE ADDED TO TITLE 9, PUBLIC WAYS AND PROPERTYr AND SHALL BE KNOWN AS CHAPTER 9, "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE"; AND PROVIDING AN EFFECTIVE DATE. Crookston: This is a new provision, is proposed to be added to the Meridian Ordinances that we've not had before. It deals with ditches, canals, irrigation and drainage. It provides that the owner of the property through which the ditch passes has the duty to maintain the ditch so that it has the required flow not only for the drainage but for also to meet the downstream users needs. Provides that they can be notified that they are not maintaining the ditch that flows through their property, if they do not the City can take action to remedy the problem, and again those costs can be MERIDIAN CITY COUNCIL • • JOKE 6, 1989 PAGE #8 assessed against the property and collected with the property tax. Giesler: Who is going to enforce this one? Crookston: That is not set forth in the Ordinance. There was further discussion on this. (TAPE ON FILE) The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 511 be passed and approved. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: DEPARTMENT REPORTS: Kingsford: We need to send Quality Limo a thank you. I thank all of you who helped with parking. Mayor Kingsford: Introduced Chief Bill Gordon to the Council. Do you have anything tonite Bill? Gordon: I would ask that the Mayor give me some time to review the policy changes with the Police Department, I would like enough time to go over it and then get back with Bob before we bring it back to the City Council. Kingsford: That is very appropriate. Crookston: Just for the edification of the City since they are involved in the Revolving Loan Fund, Mr. Hodgkins has filed bankruptcy as well as Power Dynamics. Morrow: The main issue is that we need some guidance on older existing buildings with changing uses or partial leases.The last meeting we addressed an issue with the school in terms of and it was discussed at that time that our Fire Marshal had indicated that the use was OK in terms of ingress egress in those types of things. There are certain deficiencies between the Fire Life Safety Code and the Uniform Building Code that we need to develop a policy concerning that building and other buidings whether we require them all to be brought up to code at the time they are going to be used or if we are going to reuire phased in and if so how much is phased in. After extensive talks with our Fire Marshal since our last meeting there were alot more deficiencies than simply the ingress egress question. There was further discussion on this. (TAPE ON FILE) Giesler: I would just like to thank the Police Department for all the help they gave at the Parade. Myers: I just wanted to clarify the vote when he was approved. I abstained and I wanted to clarify that, the reason I did abstain is that I had not had a chance to review any of the information and did not know at that time who the Chief was going to be until they announced it, so I didn't feel like I should vote one way or another. Since that time I have had a chance to review his resume and talked to some people and I'm very glad he is on board. MERIDIAN CITY COUNCIL . • JUNE 6, 1989 PAGE #9 Tolsma: The Limo's we rode in in the Parade the other night were donated from Quality Limo in Boise and they wanted to get a little exposure. Mayor Kingsford: We need to have budgets in by the end of the month. Next meeting will be on Wednesday July 5th. With regard to the several Conditional Use Permits we have given for Day Care where do we stand with Ms. Perkins? Crookston: I haven't had an opportunity to investigate her circumstances further. I will. ` Myers made the Motion and Tolsma seconded it to adjourn the meeting at 9:10 p.m. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVID: G T P. KINGS~~RD, M YOR ATTEST: PC: Mayor & Council p & z Members atty, Eng., Fire, Police, Ward, Stuart, Gass Stutzman, .Hallett, Valley News, Statesman ACRD, NIMD,CDH, ACC, SIRD Mail (3) File (3) ~~~ oN~K I TREASURE QUEST } ~ ~~ LIVE ACTION GAME DESCRIPTIONS ,. ~ .,. _,. r ~:h? ,.;a...~. ~r. 1. o~~~:~ ,, ..~_; _,~ ... ... ,. .~ ...,.. _ ,E;;- i i t.. ., _..... ~..,~ ..._.. ...~ .. _ ,~. _. .. _ .1 .s.:. ~_t~.i ..... _. _ .. ,.~ ~ ~ ... _ ` ;~;. ~ i .. .__. , __ " n;'.;. ~ ,r. 'rig.. ~ci~~: ~ ._., ~, ,. - ~_ ,: ,. ~ a„ , ._ .. . ~. .a : ~ ,... ,.. <. A f. - v ~r -. _. .. _ ~ _L~ ,, f r~~ i~~ n.II ,. ~e _~r~r,~ __ ___ ._ .-.. 1 • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMAN N, City Clerk JANICE GASS, Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. EARL WARD, WKeW er SupL torney 33 EAST IDAHO KENNY BOWERS, Flre Chief ROY PORTER, Police Chief MERIDIAN, IDAHO 83642 GARY SMITH, City Engineer Phone886-4433 GRANT P. KINGSFORD Mayor THE OFFICE OF THE MAYOR CITY OF MERIDIAN STATE OF IDAHO PROCI.AMATI~1 COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chairmen Zoning 8 Planning JIM JOHNSON WHEREAS, on June 17, 1989, "Paint The Town Day", over 4,200 volunteers will paint the homes of 158 seniors or handicapped Treasure valley residents in 11 communities; and WHEREAS, 212 of these volunteers will paint the homes of 13 seniors or handicapped Meridian residents; and WHEREAS, the labor, paint, and other supplies for the project will be provided, without charge, for the residents; and WHEREASr the Meridian Kiwanis Club is the coordinator of "Paint The Town" in Meridian; and WHEREAS "PAINT THE TOWN" is being organized and sponsored by radio stations KHOI, KQFC, television station KIVI, U.S. West, The Idaho Statesman West One Bank, Idaho, N.A., The Fred Meyer Corporation and Boise Neighborhood Housing Services, Inc.; and WHEREAS, this outstanding community service project will benefit senior citizens and handicapped who may find it extremely difficult to maintain the beauty and condition of their homes; NOW, THEREFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, do hereby proclaim June 17~ 1989 as "PAINP THE TO4dd DAY" in the City of Meridian, and do commend the participating corporations, firms, service organizations, media and individuals for their generous support and involvement in this worthwhile project. IN WITNESS WHEREOF, I have hereunto set my hand on this the 6th day of June, in the year of our Lord nineteen hundred eighty-nine. OF MERIDIANr IDAH ~;: ., ORDINANCE NO. ~D 7 AN ORDINANCE OF THE CZTY OF MERIDIAN REPEALING CHAPTER 1, TITLE 10 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID CHAPTER 1, TITLE 10 TO READ AS SET FORTH HEREIN; AND REPEALING CHAPTER 3, TITLE 10 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID CHAPTER 3, TITLE 10 TO READ AS SET FORTH HEREIN; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to repeal Chapter 1, Title 10, Traffic Rules and Regulations and Chapter 3, Title 10, Motor Vehicle Laws, of the Revised and Compiled Ordinances of the City of Meridian and to re-enact said sections to provide in Chapter 1, Title 10, for an adoption of the Idaho Motor Vehicle Code with specific additions and to provide in Chapter 3, Title 10, for specific parking provisions. NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Chapter 1, Title 10 of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2. That Chapter 1, Title 10 of the Revised and AMBROSE, FITZGERALD SCROOKSTON Aliwneye antl CAUne810A P.O. Boz 127 Merlolen, loaho 83812 TaleDhons BBBd181 Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 10-101 ADOPTION OF IDAHO MOTOR VEHICLE LAWS: That there is hereby adopted the motor vehicle laws of the State of Idaho, that being particularly Title 49, Idaho Code as presently in effect or as may hereafter be amended, three (3) copies of which are on file at the office of the City Clerk, being marked and identified as the Idaho Motor Vehicle Laws, and published annually by the authority of the Idaho Department of Transportation, Boise, Idaho, for the regulation of motor vehicles and motor vehicle traffic within the municipal boundaries of the City of Meridian, and said Idaho Motor Vehicle Laws, and any subsequent amendments enacted into law by the Idaho Legislature, contained in said document, or its subsequent editions. A. Form of Citations: When citations are issued for violations of this Section, a reference to the corresponding Idaho Motor Vehicle Law shall be made on the citation in the following manner: .114 A violation of I.C. Section 49-114, Display of Plates and Tags, shall be cited as a violation of this Section of the Meridian Ordinances. .116 A violation of I.C. S e c t i o n 4 9- 1 1 6, Registration to be Renewed, shall be cited as a violation of this Section of the Meridian Ordinances. .233 A violation of I.C. Section 49-233, Required Motor Vehicle Insurance, shall be cited as a violation of this Section of the Meridian Ordinances. AMBROSE, FIT2GERALD B CROOKSTON Attomeye end Cpuna<lore P.O. Box a2T MerlElan, Idaho BJ84Y Telephone BBBId81 .245 A Violation of I.C. S e c t i o n 4 9- 2 4 5, Certificate or Proof of Liability Insurance to be Carried in Motor Vehicle shall be cited as a violation of this Section of the Meridian Ordinances. .307 A violation of I.C. S e c t i o n 4 9- 3 0 7, Operators and Chauffeurs Must be Licensed, shall be cited as a violation of this Section of the Meridian Ordinances. .320 A violation of Z.C. S e c t i o n 4 9- 3 2 0, Restricted Licenses, shall be cited as a violation of this Section of the Meridian Ordinances. .612 A violation of I.C. Section 49-612, Traffic Control Signal Legend, shall be cited as a violation of this Section of the Meridian Ordinances. .626 A violation of I.C. Section 49-626, Further Limitations on Driving Left of Center of Roadway, shall be cited as a violation of this Section of the Meridian Ordinances. AM BROSE, FITZGERALO B CROOKSTON Atlorneye en0 Couneeloro P.O. Bo. AZT MerlElen, IOeho B3N2 raleononaeee+~s~ .627 A violation of I.C. Section 49-627, No Passing Zones, shall be cited as a violation of this Section of the Meridian Ordinances. .630 A violation of I.C. S e c t i o n 4 9- 6 3 0, Following Too Closely, shall be cited as a violation of this Section. .642 A violation of I.C. Section 49-642, Vehicle Turning Left, shall be cited as a violation of this Section of the Meridian Ordinances. .643 A violation of I.C. Section 49-643, Stop Signs and Yield Signs, shall be cited as a violation of this Section of the Meridian Ordinances. .644 A violation of I.C. Section 49-644, Vehicle Entering Roadway, shall be cited as a violation of this Section of the Meridian Ordinances. .661 A violation of I,C. Section 49-661, Required Position and Method of Turning, shall be cited as a violation of this Section of the Meridian Ordinances. AM BROSE, FIT2GERALD 6 CROOKSTON Attorneys enE Counselors P.O. Boz 47l Metlelen, Ideoo 83N2 TeleP~one BBBJ~Bt .681 A violation of I.C. Section 49-681, Basic Rule and Maximum Speed Limits, shall be cited as a violation of this Section of the Meridian Ordinances. .693 A violation of I.C. S e c t i o n 4 9- 6 9 3, Stopping, Standing or Parking Prohibited in Specific Places, shall be cited as a violation of this Section of the Meridian Ordinances. .702 A violation of I.C. S e c t i o n 4 9- 7 0 2, Limitations on Backing, shall be cited as a violation of this Section of the Meridian Ordinances. .711 A violation of I.C. Section 49-711, Putting Glass, Etc. on Highway Prohibited, shall be cited as a violation of this Section of the Meridian Ordinances. .801A A violation of I.C. Section 49-801A, Slow Moving Vehicles- Definition, Restriction, Equipment - Emblems on Certain Machinery, shall be cited as a violation of this Section of the Meridian Ordinances. AMBROSE, FITZOERALD B CROOKSTON Attorneys antl Couneelora I P.O. Boa 42T Merl0len, Itleho 89842 Telephone BBB~p81 .801B A violation of I.C. Section 49-801B, Fertilizer Trailers- Defined as Implements of Husbandry - Operational Restrictions, shall be cited as a violation of this Section of the Meridian Ordinances. .801C A violation of I.C. Section 49-801C, Scope and Effect of Reg- ulations, shall be cited as a violation of this Section of the Meridian Ordinances. .837 A violation of I.C. S e c t i o n 4 9- 8 3 7, Windshields Must be Unobstructed and Equipped with Wipers, shall be cited as a violation of this Section of the Meridian Ordinances. .837A A violation of I.C. Section 49-837A, Prohibiting use of Certain Applications on Windshields, Certain Windows or Headlamps in Moto r V e h i c l e s- Exterior Mirrors - Sales Prohibited - Penalty, shall be cited as a violation of this Section of the Meridian Ordinances. .1002 A violation of AMRROBE, FIT2GERALD B CROOKBTON AHOmeye and Counaolora P.O. Bow d~] Meritllen, Itleho 83842 Telephone 88&6681 I.C. Section 49-1002, Accidents Involving Damage to Vehicle, shall be cited as a violation of this Section of the Meridian Ordinances. .1004 A violation of I.C. Section 49-1004, Duty Upon Striking Unattended Vehicle, shall be cited as a violation of this Section of the Meridian Ordinances. .1006 A violation of I.C. Section 49-1006, Immediate Notice of Accidents, shall be cited as a violation of this Section of the Meridian Ordinances. .1103 A violation of I.C. Section 49-1103, Reckless Driving, shall be cited as a violation of this Section of the Meridian Ordinances. .1132 A violation of I.C. Section 49-1132, Overtaking and Passing School Bus, shall be cited as a violation of this Section of the Meridian Ordinances. .2703 A violation of I.C. Section 49-2703, Requirements - AMBROSE, FITZGERALD S CROOKBTON Atlorneya and Counaeloro P.O. Boz z21 MarlEian, ItlMio 8382 Talapftone 8881181 Procedure, shall be cited as a violation of this Section of the Meridian Ordinances. 10-102 PENALTIES: Any person who violates any provision of this Chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined twenty five dollars ($25.00) for each violation. 10-103 FIRE DEPARTMENT MEMBERS' VEHICLES: A bona fide member of the Meridian Fire Department is hereby authorized to use the red light or the flashing red light attached to the front of the motor vehicle such member of the Meridian Fire Department uses in making runs to fires, provided such member first obtains a written permit from the City Clerk for use of such red light. 10-104 REPAIRING VEHICLES IN CITY STREETS: It shall be unlawful for any person to repair any vehicle in the streets of the City, except for emergency repairs necessary to move the same to private property. 10-105 FIRE DEPARTMENT EMERGENCY VEHICLE; FOLLOWING, PARKING IN AREA OF, PEDESTRIANS CLOSE TO: A It shall be unlawful for any driver of any vehicle, other than an authorized emergency vehicle or person, to park such vehicle within the block, or within seven hundred fifty feet (750') where the fire apparatus has stopped in answer to a fire alarm, or within seven hundred fifty feet (750') of the fire, whichever is farthest, AMRROSE, FITZG ERALD B CROOKSTON Attorneys end Counselors P.O. Bo. 6T] Meritllen, Itleho B36<2 Tale7hone BRB-0481 B It shall be unlawful for any pedestrian, other than authorized personnel, to stand, loiter, walk or otherwise be within one hundred feet (100') of any fire scene or within fifty feet (50') of any piece of operating fire equipment. (Operating fire equipment shall include any item being used by emergency personnel at a reported fire or other related emergency scene.) 10-106 SCHOOL AND CITY PROPERTY: I be illegal for any person to operate, stop or park any bicycle, vehicle or on any property owned, rented or used school district or any rented or used by the City sign or marking erected control, direct or restr: stopping, standing or bicycle, vehicle or animal. t shall ride, animal by any property owned, . contrary to any and intended to ct the movement, parking of any 10-107 DRIVING SPEEDS: No person shall drive any vehicle, except emergency vehicles, at a greater speed than designated as follows: A In any public park, 15 miles per hour. B On all other streets and alleys in Meridian, 25 miles per hour, or as otherwise posted. AMBROSE, FITZG ERALD B CROOKSTON Attorneys en0 Counselors P.O. Box <RT Maritllen, Itleno 83802 rel,PnonaeeB++si 10-108 DRIVING THROUGH FUNERAL PROCESSION PROHIBITED: No driver shall drive a vehicle between vehicles comprising a funeral, parade or other authorized procession while such vehicles are in motion. 10-109 U-TURNS: No U-turn or turn reversing the direction of travel, shall be made at any intersection in which "No U- Turn" signs are erected, nor at any intersection at which there is a traffic signal light, nor at any place other than at an intersection, nor unless there be sufficient space to make such turn without backing, nor unless prior to and during such turn, the same be signalled in the manner required by State law. 10-110 PARTIAL U-TURN: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results in said vehicle parking or coming to a stop on the opposite side of the street from where the turn commenced. 10-111 IMPOUNDING OF VEHICLES; SALES: A Impounding of Vehicles with Hazardous or Offensive Loads: Any police officer, fire department official or other person designated by the City shall have the authority to remove to a safe location or store at an impound lot, any vehicle found parked within the City limits of the City, which is either: 1. Loaded with, or has contained within or on its structure any inflammable or dangerous substance, when such substance is escaping or leaking from its tank or other container, or otherwise creates an immediate hazard. AMBROSE, FITZGERALD d CROOKSTON Auorneya and Counaelon P.O. Box a2] MeriElan, IAMo 83N2 TaleDlrona eae~aei 2. Loaded with any substance which creates an offensive odor. B Impounding of Vehicles Parked in Excess of 72 hours: It shall be unlawful for any vehicle to be continuously parked in any one location on any public property or public alley, highway or right of way for more than three (3> consecutive days, seventy two (72) hours. Any police officer, after having properly marked the vehicle, and then having personal knowledge that the vehicle is parked in violation of this Section, may impound said vehicle and have it stored at an officially designated impound storage lot. C Moving Vehicles to Clean and Repair Streets: It shall be unlawful for any person to refuse, upon request by the City or Ada County Highway District, through their authorized officials, to move any vehicle parked on the City streets, when such request is made for the purpose of repair or cleaning streets. If any person owning such a vehicle or having an interest therein refuses such request, the City shall have the right to move or impound the same and charge the cost thereof to the owner. D Sale of Impounded Vehicles: Sale of impounded vehicles shall AMBROSE, FITZG ERALD &CROOKSTON Atlomeys antl Counselors P.O. Box x27 Merltl lan, Itlaeo e3Be2 TelepNOne BBB~BI proceed pursuant to the rules and regulations of the Department of Law Enforcement, State of Idaho, copies of which shall be on file at the Meridian Police Department. Section 3. That Chapter 3, Title 10 of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. Section 4. That Chapter 3, Title 10 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall be known as "PARKING" and shall read as follows: 10-301 HANDICAPPED PARKING: A. Parking a vehicle in a space reserved for the handicapped, which space is marked in conformance with the requirements specified in Idaho Code 49-213, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a handicapped person to enter or leave the vehicle, or unless a special license plate or card for the handicapped as prescribed in sections 49-410, Idaho Code, or a special temporary card as prescribed in section 49-410, Idaho Code, is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this section is guilty of an infraction. B Law enforcement officials are empowered to enter upon private property open to the public to AM BROSE. FITZO ERALD &CflOOKSTON Atlorneye entl Counaeloro P.O. Box a27 Merltllen, IOeho 838/2 TBIep~One B86«81 enforce the provisions of this section. C The Meridian Police Department is hereby granted authority to establish requirements for handicapped parking zones and spaces with the City of Meridian pursuant to Idaho Code 49-213 & 410. D On-Street Handicapped Parking Space Requirement: 1. These spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for handicapped use shall be at least twelve (12) feet in width. 2. All handicapped parking spaces shall be near curb cuts and/or ramps for wheelchair and other mechanical devise usage. 3. For each designated parking space or area there shall be posted immediately adjacent to, and visible form each stall or space, a sign, which is at least thirty-six (36) inches AMBROSE, FITZG ERAlO B CROOKBTON Attomays entl Counselors P.O. Boa d2] Meritlian, Idaho 83802 Telephone BBBd081 above the ground, consisting of the i n t e r n a t i o n a l handicapped symbol as shown in Section 49-410, Idaho Code. 10-302 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES: Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: A. Stop, stand or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 2. On a sidewalk or parkway; 3. Within an intersection; 4. On a crosswalk; 5. On a bike lane or bike path as designated by painted lines; 6. Within twenty feet (20') of a bike path approach ; 7. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a AMBROSE, FITZGERALD d CROONSTON Attonwys anU Counselor P.O. Box X27 Merlolen, loMio 8382 TeleP~one BB&s~8/ AM BROSE, FITZGERALD B CROOKSTON Attomays ana Counselors P.O. Bos L2] Meritllen, Itla~o BSM2 Telephone BBB~A<81 safety zone, unless different length indicated by signs markings; a or longside or to any street e x c a v a t i o n o r obstruction when stopping, standing or parking would obstruct traffic; 8 A opposi 9. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 10. On any tracks; railroad 11. At any place where official traffic-control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit or limit such stopping, standing or parking. It shall be prohibited for any person to remain stopped, standing or parked past the time limit prescribed on each traffic control device. In addition, at the expiration of the posted time limit, it will be required that all vehicles be removed from the block face of the area in which it was parked in a posted time limit for the remainder of that calendar day. B. Stand or unless driver momentarily discharge a passengers: park a vehicle, occupied, except to pick up or passenger or 1. In front of a public or private driveway; 2. Within fifteen feet (15') of a fire hydrant; 3. Within twenty feet (20') of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic control signal is in operation; 4. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway; 5. Within twenty feet {20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy- five feet (75') of said entrance when properly sign-posted; AMBROSE, FITZG ERALD B CROOKSTON Altomeye end COUneB1018 P.O. eov 027 Maritllen, Itlaho 83842 Telephone 88&1481 6. At any place where official traffic control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit such stopping. C. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: 1. Within fifty feet (50') of the nearest rail of a railroad crossing; 2. At any place where official traffic control devices prohibit such parking. D. Park a vehicle in or upon a street during the nighttime, except that this prohibition does not apply in a business or restricted parking district and the owners or occupants of property adjacent to a street may so park a vehicle in compliance with and as authorized by any other provision of the Ordinances of Meridian. The Council, upon finding and declaring the necessity to prohibit the parking or standing of vehicles upon a street during the nighttime or at other time during the day, may upon motion or order direct the AMBROSE, FITZGERALD 6 CROOKSTON Allomeye and Counselon P.O. Bo><~Zl McNEbn, loalio 83812 Tebplwne BBNe61 Ada County Highway District to post or erect signs prohibiting or limiting the stopping, standing or parking of any vehicle upon the streets of the City. 10-303 PARKING NOT TO OBSTRUCT TRAFFIC: No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon a street or highway in such a manner or under such conditions as to leave available less than twelve feet (12') of such roadway for the free movement of vehicular traffic. 10-304 PARKING IN ALLEYS: No person shall park a vehicle within an alley, except while actively engaged in the expeditious loading and unloading of passengers, supplies and merchandise. In no case shall the stop for loading and unloading exceed thirty (30) minutes. 10-305 EXTENDED PARKING PROHIBITED: No person shall park a vehicle upon any street, alley or public property for a period of seventy two (72) hours or longer. 10-306 REQUIREMENTS FOR LEAVING VEHICLE UNATTENDED: No person having control or charge of a vehicle shall allow such vehicle to stand on any street unattended without stopping the motor of the vehicle and effectively setting the brakes thereon. 10-307 PARKING OF VEHICLES IN RESIDENTIAL AREAS: A. No person shall park: 1. Any vehicle, either m o t o r i z e d o r unmotorized, having a gross weight capacity in AMBROSE, FITZG ERALD B CROOKSTON Atlornaye snA Counaelora P.O. Boa 63] Mer101an, IEaKo 83862 TeleP~ona BBB~6687 excess of twelve thousand (12,000) pounds, or 2 A n y t r a i l e r regardless of type, or 3. Any motorhome, mobil a h o m e, o r recreational vehicle, either motorized or unmotorized, or 4. Any vehicle designed or used primarily as farm equipment, whether attended or unattended, upon the s t r e e t s i n a n y residential area within the City fora period in excess of two (2) hours. B. No person shall park any vehicle upon the streets in any residential area within the City limits for a continuous period in excess of seventy two (72) hours. In addition at the expiration of the seventy two (72) hour time limit it is required that the vehicle be removed from the block, or farther than 500 feet, whichever is farther, from the location in which it was previously parked in the residential zone. C The provision of A and B above shall not apply when a vehicle is parked: 1. For the purpose of AMBROSE, FITZG ERALO S CROOKSTON Attorneys and Counselors P.O. Bos ~Y] MmI01en, IENo 83862 Telapllone BB&1~8/ ~- loading or unloading passengers, materials, or merchandise when such passengers, m a t e r i a l s o r m e r c h a n d i s e a r e actually being loaded or unloaded; 2. For any purpose incident to any lawful construction project located within the immediate vicinity of such parked vehicle; 3 For any purpose incident to a lawful commercial or industrial operation loca ted in any residential area and conducted under a conditional use permit and so lon g as the vehicle is parked within one hundred (100') feet of such commercial or industrial operation. 10-308 RESERVED. 10-309 PARKING TICKETS AND PROCEDURES: The Parking Control Officer or a designated member of such office, or the Police Department shall have authority to issue AMBROSE, FIT2GERAlO B CROONSTON Atlomeys and CouneelOre P.O. eo, 121 Meridian, IdenO 83802 TeleDnone 888~u61 parking tickets as follows: A. It shall be the duty of the Parking Control Officer or a designated member of such office or the Police Department upon observing a vehicle parked, standing or stopped in violation of the provisions specified in Chapter 1, Title 10, to leave upon such vehicle a separate notice for each posted time limit or as frequently as every two hours that such vehicle has been parked or stopped in violation of the provisions of this Chapter, or in violation of Chapter 1, Title 10. Among other things, each notice shall bear the date and hour of leaving the same at or upon the vehicle, make of the vehicle, and its license number, the specific Code section violated and the amount of the fine, instructing the owner or operator of such vehicle to report to the Parking Control Office. One copy of each notice mentioned herein shall be filed with the Meridian Police Department. B. Zn order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a parking ticket under this Chapter left upon his or her vehicle shall: AMBROSE, FITZGERALD SCROOKSTON Auomeye and Counselor R.o. 6o><esT MerlElen, IWIro 83BeZ Talaptlone SBSd181 1. Within seventy-two (72) hours of the time of such notice, pay to the Meridian Police Department in full satisfaction of such violation, the fee indicated in the fee schedule for each notice left upon his or her vehicle; A. FEE SCHEDULE: 1. Ten dollars ($10.00) for violations of the following Sections: 10-302A. 1 through 10-302 A 10; 10-302A 12; 10-302B; 10-302C; 10-303; 10-304; 10-305; or 10-306; 2. Twenty-five dollars ($25.00) for violations of Section 10-301, 10-307 or 10-308. 3. Four dollars ($4.00) for violations of Sections not included in 10-11- 16B.1,a,(1). AMBROSE, FITZGERALD fiCROOKSTON Attorneys end Counselors F.O. BOY e2] Metldbn, laano Baez releononeeee+esr 2. Within ten (10) days from the date of said parking violation ticket, if same has not been paid within the seventy-two (72) hours above prescribed, pay to the Parking Control Office, an additional three dollars ($3.00) for each such notice left upon his or her vehicle, the additional three dollars ($3.00) for each said ticket being deemed necessary to defray administrative and clerical expenses. The failure of any operator to report and/or make such payme- nts to the Parking Con- trol Office within the times prescribed above shall render the owner or operator thereof subject to penalties as provided by Section 10- 310. C. If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. 10-310 PENALTIES: Any owner or operator who shall stand, stop or park a vehicle in violation of any of the provisions of this Chapter shall be deemed to have committed a parking violation. The administrative procedure for payment of parking tickets for violations is set out in Section 10-309. In the event of nonpayment in accordance with administrative procedure set out hereinabove, an infraction citation or complaint for a parking violation or a failure to pay a parking penalty may be filed in the magistrate division of the district court. Section 5. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance AMBROSE, FITZGERALD S CROOKSTON Attorneys end Counselors P.O. sox tZ] Meritllen, Itlaho &98,Z TBISpAOne 888JK81 ,~ ,. shall be in full force and effect from and after its passage, approval and publication according to law. -~-;~~ PASSED AND APPROVED this~day of fig, 1989. CITY OF MERIDIAN BY: GR T KINGSF R , R AMRROSE, RITZGERALD d CROOKSTON A~~orneya entl Counaelora R.D. BoY d2] Merltllen, IEehO 89B<R Telephone SSS~4181 JACK ~IIEMANN, ., ;; ORDINANCE NO. ,~ p AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 18, TITLE 6, ABANDONED, WRECKED OR STOLEN VEHICLES OR PERSONAL PROPERTY, AND RE-ENACTING SAID CHAPTER WITH CHANGES AND MODIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to repeal Chapter 18, Title 8, Abandoned, Wrecked, or Stolen Vehicles or Personal Property and re-enacting said Chapter of said Title to provide for changes and modifications and which amounts to a recodification, with modifications, of Chapter 18, Title 8, of the Revised and Compiled Ordinances of the City of Meridian. NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Section 1. That Chapter 18, Title 8, Abandoned, Wrecked or Stolen Vehicles or Personal Property of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. Section 2. That Chapter 18, Title 8, Abandoned, Wrecked, AMBROSE, FITZGERALD 6CROOKSTON AROmsye Antl Counaelore P.O. Bo. 12] McNtlbn, ItlWlo 83812 TeleDllona 888181 or Stolen Vehicles or Personal Property is hereby re-enacted and shall read as follows: 8-1801: DECLARATION OF FINDINGS, INTENT, AND PURPOSE: The City Council of the City of Meridian hereby finds that there is within the City limits, an has been for some years past, an accumulation, on private as well as public property, of abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and of other abandoned, unused, inoperable, dilapidated or deteriorating personal property; that such property, or an accumulation thereof, is an aesthetic pollution deterring from the beauty of the City and is unsightly; that it detracts from tourism and the economic welfare of the City; that it detracts from the City's ability to attract new business and industry; that such property or an accumulation thereof promotes blight and deterioration, invites plundering, 1 • looting and theft, creates, and is, a fire hazard, can be, and is, a harborage for rodents and insects, can be, and is, an attractive nuisance for children where they may be injured or harmed; that such property, or accumulations thereof reduces property values; that it is injurious to the health, safety and general welfare of the-residents of the City, whether it be located on public or private property. That the City is authorized and empowered, pursuant to Idaho Code 50-302 to make and adopt all such ordinances as may be expedient to maintain the peace, good government and general welfare of the City and its trade, commerce, and industries and pursuant to Idaho Code 50-334 is authorized and empowered to declare what shall be deemed nuisances, to prevent, remove and abate nuisances at the expense of the parties creating, causing, committing or maintaining-the same and to levy a special assessment as provided in Section 50-1008, Idaho Code, on the land or premises whereon the nuisance is situated to defray the cost or reimburse the City for abating the same; that the above specific provision which allows a special assessment on the land where the nuisance is located is interpreted to mean that the City has authority- to abate-nuisances on private land and property as the City has no authority to assess a special levy on any land or property other than private property. That the presence of abandoned, wrecked, dismantled, inoperative or stolen vehicles, or parts thereof, and other unused, inoperable, dilapidated,-or deteriorating personal property on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. That it is the purpose and intent of this Chapter to allow the City officials to require the owners to real property within the City limits to clean up their real groperty and remove any or all abandoned, dismantled, inoperative, wrecked, or stolen vehicles, or parts thereof, and any or all abandoned, unused, inoperative, dilapidated or deteriorating personal property. That it is the policy of the City and the declared intent and purpose of this Chapter that it is the owner of the real property that has the duty and responsibility to maintain his own land and comply with this-Chapter and abate said nuisances or pay the cost of such abatement. AMSROSE, H-1802 DEFINITIONS: FITZG ERALD E CROOKSTON 1. "Abandon", for purposes of this Chapter A11or"°Y°°"° only, means to leave a vehicle or personal G°°"°°'°r° property on private property without the R.o. eo..zT permission-of the owner orthe person having MerlEi~gZ Aho rights to the possession of the property for T°IaOhone 88&4181 any period of time, or on a highway or AMBROSE, FITZGERALD 6 CROOKSTON Allorneya end Counaelore P.O. Box lZ] Metltllen, Itleho B3NZ Te1e011one SB&t,81 street or other property open to the public for the purposes of vehicular, traffic or parking, or upon or within the right-of-way of any highway or street, for seventy-two (72) hours or longer; PROVIDED HOWEVER, that even where-the owner or the person entitled to possession of the property grants permission to leave a vehicle or personal property or where it is the owner or the person entitled to possession of the property who leaves the vehicle or personal property on his owm property, the vehicle or personal property shall be deemed abandoned if left open- to public view and unmoved, unattended, or unused for three (3) days or longer. 2. "Vehicle", for purposes of this Chapter only shall have the same definition as contained in Idaho Code, 49-123 V. (1) (a) 3. "Abandoned Vehicle", for purposes of this Chapter only, shall mean a vehicle which has been abandoned". 4. "Stolen Vehicle", for purposes of this Chapter only, shall mean a vehicle or property which has been reported to the Meridian Police Department or a state or county peace officer to be stolen or which is reasonably believed by such Department or peace officer to be stolen. 5. "Unidentified Vehicle" or "Unidentified Property", for purposes of this Chapter only, shall-mean any vehicle or property of which the ownership cannot be ascertained. 6. "Wrecked Vehicle", "Dismantled Vehicle", or "Inoperable Vehicle", for purposes of this Chapter only, shall be defined as any vehicle, or parts thereof, which meets any of the following qualifications: a. It does not carry a current, valid State registration or license plate. b. It cannot be safely operated under its own power. c. It is not in a garage or other building. d. It does not have any one of the following: foot brakes, hand brakes, head lights, tail lights, horn, muffler, rear view mirrors, windshield wipers or adequate fenders. e. It has been physically damaged. f. Part or parts of the vehicle have been removed. g. It is in a dilapidated condition. 7. "Junk Vehicle", for purposes of this Chapter only, shall mean a wrecked, dismantled, or inoperative vehicle, or a part thereof. 8. "Personal Property", for purposes of this Chapter only, shall mean all property other than real property. 4. "Junk Personal Property", for purposes of this Chapter only, shall mean personal property that is refuse or waste as defined in 8-903 (D) or valueless or is not being used for the originally intended manufactured use of the personal property or is not being used for any beneficial purpose under a reasonable man standard or is in a dilapidated condition or is in a state of disrepair or is not capable of being used for its original purpose or constitutes litter or garbage or trash or rubble. AM BROSE, FIT2GERALD 6CROOKSTON AUOrneya ane Counaelon R.D. BOR aYT MMIOIan, leallo exaz Ta1aDBOne BBB-N81 8-1803 VEHICLES OR PROPERTY ABANDONED ON STREETS OR PUBLIC PLACES: It shall be unlawful for any owner or any person in charge of a vehicle or other personal property to leave or abandon the same upon the streets or public places or on private property. 8-1804 PROHIBITION AGAINST JUNK VEHICLES OR JUNK PERSONAL PROPERTY: 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 of Meridian, except as authorized in this Chapter. 8-1805 EXEMPTIONS: This Chapter shall not apply to: a. A junk vehicle, or part thereof, or junk personal property, which is completely enclosed within a building or in such a manner that it is not visible from the street or other public or private property. b. A junk vehicle or junk personal property or part thereof which is: 1. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer, or 2. When such storage or parking is necessary to the operation of a lawfully-conducted business, industry or commercial enterprise, and 3. Pertaining to both 1 and 2 herein, such business is conducted in a zone wherein such business is allowed to be conducted. c. -Real property upon which construction is actually taking place and on going. AMBROBE, F1T2GERALD BCROOKSTON AttorneYS atM Coun~elora P.O. Box X27 Metldlan, Idaho &1802 Telephone 88&081 8-1806 That Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are hereby declared to be a public nuisance. 8-1807 ORDER TO REMOVE JUNK VEHICLE: The City Clerk, any member o£-the Police Department, Fire Department or Building Department, jointly hereafter referred to as "City Official", may order any junk vehicle, vehicles or part thereof, or junk gersonal property, not within the exceptions of this Chapter, removed after ten (10) days' prior notice of intention to remove the junk vehicle or personal property. 8-1808 NOTICE OF REMOVAL: Notice of such order shall be placed upon said junk vehicle, vehicles or parts thereof or junk personal property. Copies of said notice shall be served upon any adult occupying or owning the real estate on which the junk vehicle, vehicles or parts thereof or junk personal property are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof or junk personal property can be found, a notice affixed to any building on the real estate or upon the junk vehicle AMBROSE, F1T2GERALO B CROOKBTON AttOrnaye antl Counselors P.O. Box 127 Merldlen, Itle~o Baeez Telephone 8BB M61 or junk property shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof or junk property. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. 8-1809 If it is determined by the City Official 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 Official 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; and shall state that if the City removes the junk vehicle or junk property the City may sell it and retain the proceeds to defray the costs of enforcement of this Chapter. 8-1810 GVithin ten C10) 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. 8-1811 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 ten (10) days from the date of notification, as-provided herein, or in case of an appeal to the City Council, within ten (lU) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. 8-1812 Upon the failure, neglect or refusal or any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Official may notify the City Attorney in writing of the property description in Attorney may cause legal the Magistrate's Court for last known legal owner and general terms. The City action to be taken through action as follows: The owner 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; 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 and the City shall be awarded its court costs and attorney's fees for prosecuting the action. AMBROSE, FITZGERALD flCROOKSTON tmmeya and Counselors R.o. 9oa 4z7 McNElan, l0eno eas~z TelsyNOne 88&4/81 Regardless of the action by the City Attorney or in addition thereto, 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 Chapter, the City official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. 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 as allowed in 50-1008, Idaho Code. The owner of the property shall be notified of the assessment and may pay the same prior to its certification on the tax rolls. B-1813 NOTICE OF UNLAWFUL USE OF PROPERTY: The notice given as provided in Section 8-1808 of this Chapter shall also contain a notice to the owner or occupant of the property, or whoever the notice is given to that the property may not be used to maintain, store, park or keep junk vehicles or -funk .. .. personal property, and that additional violations or continued violations are unlawful and continued violations shall be punishable as provided in Section 8-1814. The notice shall also contain a provision that additional or continued violations by the same person on the same property do not require the notice required in 8-1808 prior to removal or prosecution. One notice that the property may not be used to violate this Chapter shall be sufficient. 8^1814 PENALTY FOR ADDITIONAL OR CONTINUED VIOLATION: Any person guilty of violating the provisions of this Chapter and found to have previously violated. this Chapter shall be sentenced to a minimum of ten (10) days in jail and shall be fined three hundred dollars ($300.00) for each day the junk vehicle or vehicles, or .parts thereof or junk personal property is maintained, stored, parked or kept in violation of this Chapter. The provisions of this Section shall be mandatory. 8-1815 HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City Officical or employee to enter upon private or public property to enforce the provisions of this Chapter. Section 3. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is 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~_~__day of~~e.~ , 1989. CITY OF MERIDIAN BY: GRA , gMRROBE, FITZGERgLD fl CROOKSTON gllomays an0 Counaelora P.O. BOZ 127 MeriElan, IAeao 83812 TelaDllone 8881181 ORDINANCE NO. 509 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING AN ALCOHOLIC BEVERAGE OPEN CONTAINER LAW PROHIBI'ING THE REMOVAL OF ALCOHOLIC BEVERAGES FROM A LICENSED ESTABLISHMENT; AND PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A MOTOR VEHICLE; AND PROVIDING .PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend Chapter 16, Title 8, of the Revised and Compiled Ordinances of the City of Meridian to adopt an open container law prohibiting transportation of alcoholic beverages in opened containers. NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That a new section to be designated as 8-1602 B is hereby adopted which shall read as follows: 8-1602 B. Open Container Law 1. It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine, or liquor license. Premises shall be defined as follows: "Premises" means the building and contiguous property owned, or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, AMBR08E, FITZG ERALD B CROONBTON Allomeye entl Counselors v.o. eo=1zT Marltlien. Itlalw &'1811 TeleONOne BBBJ181 i • gardens, golf courses, courtyards, patios, abutting sidewalks, pool side areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine, or beer is authorized by the City of Meridian. 2. It shall be unlawful for any person while operating or riding in or upon a motor vehicle upon a public highway of this City, County or State, to consume beer, wine, or liquor or have in his possession any beer, wine or liquor in an open or unsealed container of any kind. 3. Any person violating either of the above two provisions shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to be less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) or not more than thirty days in jail or by both such fine and imprisonment. Section 2. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is 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 day ilt/~ , 1989. CITY OF MERIDIAN o B Y . (/' _ GRANT RINGSFORD, Y AMSROSE, FITZG ERALD d CROOKSTON ANOrneys entl Coonselon P.O. Boy 6S] Maddisn, Itlaho 83862 TelBPKOna 88&N81 F t • ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF MERIDIAN AND AMENDING CHAPTER 9, TITLE 8, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN CHANGING THE NOTICE REQUIREMENTS FOR A FIRE HAZARD NUISANCE, ADDING PROVISION FOR COLLECTION OF COURT COSTS AND ATTORNEY FEES IN THE EVENT SUIT IS BROUGHT TO ENJOIN A NUISANCE, AND TO FURTHER PROVIDE FOR THE ASSESSMENT OF SPECIAL LEVIES AGAINST PROPERTY TO BE COLLECTED WITH THE REAL PROPERTY TAXES IN THE EVENT THE CITY ABATES A DECLARED NUISANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend Chapter 9, Title B, of the Revised and Compiled Ordinances of the City of Meridian to provide for a different notice procedure, to provide for reimbursement of court costs and attorney fees in the event that the City pursues court action, and to provide for assessment of the cost of abating a weed nuisance against the real property. NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Chapter 9, Title 6 of the Revised and Compiled Ordinances of the City of Meridian is hereby amended as follows: A. That Section 8-903 OFFENSIVE OR NOXIOUS WEEDS, sub-paragraphs E., 1 and 2 are hereby amended to read as follows: AMBROSE, FITZGERALD B CROOKSTON Attorneys antl COUneeloro R.O. Boz s27 Merltllen,ltleho BJBeZ Telev~one eeswat 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 ~. AMBROSE, FITZOERALD dCROOKSTON Attorneys an0 Counselors P.O. Box R] MeriCian, Idaho ax+z Telephone 888-H81 person can be identified; and 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; and B. That Section 8-903 OFFENSIVE OR NOXIOUS WEEDS, sub-paragraph H is hereby amended to read as follows: 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 Chief of the Fire Department 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. C. That Section 8-903 OFFENSIVE OR NOXIOUS WEEDS, sub-paragraph I is hereby amended to read as follows: 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 Chief of the Fire Department shall notify the City Clerk's office in writing of the known legal owner and property description in general terms. 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. Section 3. EFFECTIVE DATE: WHEREAS, there is an emergency AMBROSE, PIRGERALD B CROOKBTON Atlorneya antl Counselore P.O. Box 027 Meritllan, Idaao 83812 TaleP~one B88~0<B1 therefor, which emergency is declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. ._ i • ___---/ PASSED AND APPROVED this~~day Oyu , 1989. CITY OF MERIDIAN BY_ 'N GRAN P. KINGSFO , OR AMBROSE, FITZGERALD b CROONSTON AIIDmeye anU Counaeloro P.O. Bo. @7 MeriEian,IMlio 8382 TeleDlwne BBBN61 T: EMANN, ~ITY L R~ K :: ORDINANCE NO. ~J' AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN DEALING WITH IRRIGATION AND DRAINAGE CANALS AND DITCHES AND MAINTENANCE THEREOF WHICH CHAPTER SHALL BE ADDED TO TITLE 9, PUBLIC WAYS AND PROPERTY, AND SHALL BE KNOWN AS CHAPTER 9, "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to adopt a new Chapter 9, in title 9, Public Ways and Property, to provide for the protection and regulation of water rights and to require maintenance of canals and ditches and name said Chapter of the Revised and Compiled Ordinances of the City of Meridian, "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE" NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That there is hereby adopted a new Chapter 9 AMBROSE, PITZGERALD BCROOKSTON Attorneys antl Counaelom P.O. Bos 421 MerlElen, ItlahO 83942 Telephone BBBd181 under Title 9 of the Revised and Compiled Ordinances of the City of Meridian to be known as "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE" and shall read as follows: 9-101: INTENT AND PURPOSE: It is hereby found that water and irrigation are a substantial property right within the City limits and that these rights need to be protected and regulated; that it is the intent and purpose of this chapter to regulate the use and maintenance of irrigation and drainage canals and ditches to insure that each property owner, and his AMRROSE, FITZG ERALD B CROOKSTON Attorneys and Counselors P.O. Boz 62] Meritllen, Idaho 83862 Telephone 8886681 property, receives the full and lawful amount of water and the full amount of head and pressure. 9-102: MAINTENANCE OF CANALS AND DITCHES AND EMBANKMENTS: It is hereby declared to be unlawful for any property owner of land through which an irrigation canal or ditch or a drainage canal or ditch traverses such land to fail to maintain in good order and repair any such canal-or ditch that traverses through his property such that said canal or ditch is ready to transport water. Additionally, such owner of the land through which such a canal or ditch traverses shall maintain the embankments thereof in good repair, in order to prevent the water from wasting during the irrigating season, and shall not at any time permit a greater quantity of water to be turned into said ditch or canal than the banks thereof will easily contain or than can be used for beneficial or useful purpose. 9-103: MAINTENANCE DEFINED: For purposes of this Chapter "maintenance" shall be defined as sufficient upkeep, repair, cleaning, debris removal, weed removal, break or-hole repair, rodent killing, or construction such that a free flow of water is maintained and a downstream user has the water head, amount and pressure that he is legally entitled to. 9-104: FAILURE TO MAINTAIN A NUISANCE: The failure to maintain a canal or ditch as in this chapter required is hereby declared to be nuisance. 9-105 ORDER TO REMOVE NUISANCE: The City Clerk, any member of the Police Department, Fire Department or Building Department, jointly hereafter referred to as "City Official", may order any nuisance herein in this chapter corrected, abated, or removed after ten (10) days' prior notice of intention to correct, abate or remove the nuisance. 9-106 NOTICE OF ABATEMENT OR REMOVAL: Notice of such order shall-be posted upon said land. Copies of said notice shall be served upon owner of the real estate on which the nuisance is located. If the owner AMBROBE, FITZG ERALD S CROOKSTON Attomeya antl Counselor P.O. Boz a2T Merltllan, Idaho 838e2 Telephone BBBd~81 of the land cannot be found or located the notice posted on the property shall be sufficient. 9-107 CONTENT OF NOTICE: If it is determined by the City Official that a public nuisance, as herein defined, exists on any lot, place or parcel of real property, the City Official shall cause a notice to be issued to correct, abate or remove such nuisance. Such notice shall be headed "Notice to Clean Ditch or Canal", 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; and shall state that if the City corrects, removes or abates the nuisance the City shall assess the cost thereof against the property with the real property taxes. 9-108 APPEAL: Within ten f10) days from the date of posting, or personal service of the required notice, the owner or person occupying or controlling such lot, place or real property 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. In the event that the nuisance involves flooding, the City may abate, correct, or remove the nuisance regardless of any appeal and may take immediate action without notice to the owner. 9-109 ONINER'S RESPONSIBILITY TO ABATE OR REMOVE: It shall be the duty of the owner or person occupying or controlling any lot, place or real estate in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of AMBROSE, F1T2GERAlO B CROOKSTON Attwneye a~W Counaeloro P.O. Box /2] Merlolan, hallo e96/I ielePKOne SSBd1e1 notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to correct, remove or abate the nuisance as stated. 9-110 CITY TO REMOVE IN THE EVENT OF OWNER'S FAILURE: Upon the failure, neglect or refusal or any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Official may 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 of any lot, place or real property within the City who shall permit or allow the existence of a public nuisance as defined in this Chapter, 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; 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 and the City shall be awarded its court costs and attorney's fees for prosecuting the action. Regardless of the action by the City Attorney or in addition thereto, 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 Chapter, the City official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. The City Clerk's office shall proceed with the work specified in the w 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 as allowed in 50-1008, Idaho Code. The owner of the property shall be notified of the assessment and may pay the same prior to its certification on the tax rolls. 9-111 PENALTY FOR INTERFERENCE: It shall be a misdemeanor for any person to interfere with a city official in correcting, abating or removing a nuisance as provided herein. Upon conviction of such interference the person shall be subject to a minimum fine of $100.00 and a maximum fine of not more than $300.00, or to not more than thirty (30) days in jail or both such fine and imprisonment. Section 2. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is 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 ~~day ot~irv°-~ , 1989. CITY OF MERIDIAN BY• GRA T P. KINGSFO D AMBROSE, FITZGERALD B CROOKSTON AhorneYa ano Counseloro P.O. Boa lfT Merlolen, Ideho Qt8/2 Telephone BSS~1~61 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF KENNETH ECK FOR A VARIANCE FROM THE FENCE ORDINANCE AT SUNNYBROOK FARMS SUBDIVISION #1 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS AMBROSE, FITZOERAID &CROOKSTON Anorneys and CAUnsalon P.O. Box 627 Meritlien, Itlaho 83862 T Telephone 888«81 --; The above entitled variance request having come on for consideration on June 6, 1589, at approximately 7:30 o'clock p,m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing in person, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1, That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for June 6, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 6, 1989, hearing; that copies of all notices were available to newspaper, radio and television stations. I 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the Applicant is the owner of the subject property. 4. That the property is zoned R-4 Residential and has been developed in that fashion and there are single-family dwellings located in the subdivision. 5. That the Ordinances of the City of Meridian, 11-9-605 J, Fences, limit the maximum height of a fence in a residential district to six (6) feet; that Section 11-9-605 J. 4. also states that walls, latticework and screens shall be considered to be fences and states that only a 3 foot fence can be constructed within the front building set back area. 6. That the Applicant has requested that it be granted a variance from the above Zoning Ordinance and allowed to construct a 6 foot fence out to the street on the East side of the property. 7. The property in question is Lot 3, Block 3, Sunnybrook Farms Subdivision #1, N,eridian, Idaho, also known by the address AMBROBE, FITZGERAID 6 CROOKSTON Atlorneya antl COUODBOIa P.O. Boz 127 Merltllan,ItlsNo 67812 TeIapNOna 8861181 of 2462 Rebecca Way, Meridian, Ada County, Idaho. 8. That there have been no public comment submitted in opposition to the variance at the time of preparation of these Preliminary Findings. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419, Variances, of the Zoning Ordinance is noted which is pertinent to AMBROSE, FITZGERAlO d CROOKSTON Attorneys enE CounaelOm P.O. Boa I2"! MmlAlen, IEe~o 838a2 TalsPeone BBB~Oedl the Application: 11-2-419 A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring land, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are a follows: 11-2-19 C FINDINGS AM BROSE, EITZGERAID B CROOKSTON Attorneys end Counselors P.O. Box 4Z1 MariClen, IOaho 83862 Tsleplwne BBBd487 A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance. 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7. That there does not appear to be a benefit of profit, economic gain or convenience to the Applicant. 8. That regarding Section 11-2-419 C it is specifically AMBROSE, FITZG ERALD S CROOKSTON Altomeys en0 Counselors P.O. Box 417 Marltllen, Itlaho 8382 Telepftons 8B8-081 concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, d, That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted provided the Applicant meets the other Ordinances of the City of Meridian. AMBROBE, FITZGERALD B CROOKSTON Attorneys entl Counselors P.O. Bo><aY7 Meritlian, ItlaNo 8382 Telephone SSS~~81 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN GIESLER VOTED COUNCILMAN MYERS VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED AMBROSE, FITZG ERALD b CROONSTON Atlornaya anE Counaelon P.O. Boa 027 Matlolan, IOMo 83802 TeleDOOne 8880081 APPROVED: DISAPPROVED: ` ~IIRN OFF LIST FOR 6/14/89 • ACCOUNT # NAME & ADDRESS AMOUNT 6 John R. Beaudoin 78.50 713 meridian St. 8 American Legion 231.70 22 W. Broadway 24 Leonard McFadden 47.10 710 W. 2nd St. 496 Matthew Mitchell 41.40 805 W. 4th 828 Thomas A. Murrell 122.40 661-663-671-673 w. Idaho 878 American Oaks Investments 398.00 523-529-533 W. Idaho 884 John Sanford 276.85 437 W. Idaho 888 John Sanford 148.40 427 W. Idaho 900 Rick Wisdom 39.65 323 W. Idaho Ave. 948 Dalice Plumbing 38.35 921 W. 2nd St. 1199 Austin Young 39.65 916 W. 10th 3286 Lonnie Keating 58.30 711 W. Pine 3312 Sandy Myers 75.50 519 W. Pine 3436 Wallace Newton 56.70 1523 W. 1st St. 3442 Carol Cahill 119.50 1435 W. 1st St. 3470 Mary Jo Young 40.45 1404 W. 2nd 3546 Phil Peterson 106.10 301 W. Maple 3560 Kirk Henderson 43.00 222 Camellia ACCOUNT # ',MME & ADDRESS • AMOUNT 3564 Don Todd 38.80 _ 236 Camellia 3584 Wilma Blair 60.72 1239 W. 2nd 3586 Louie J. Neagle 30.95 216 Cherry Ave. 3686 Larry K. Meek 71.05 1432 W. 4th St. 5260 Sharon Olsen 41,:45 1434 W. 8th St. 5568 Tommy Vincent 93.50 1329 W. 13th Ave. 5606 Judy Albrecht 61.80 1406 W. 14th St. 5620 Raymond Barriatua 95.15 1402 Northgate Ave. 5632 Jan Shurte 31.10 1522 W. 15th St. 5682 Emory West 54.00 1539 W. 15th St. 5698 George Earley 67.70 1536 N. Linder 5818 Randall Wright 43.95 1426 W. Washington St. 5826 Dwayne Morrison 49.70 1121 W. 15th Ave. ,5836 Cory Saxton 70.05 1007 W. 15th Ave. 5844 Veteran's Administration 1407 W. Carlton 129.00 5850 Kathryn Engdahl 46.00 1315 W. Carlton St. 5906 Tom Krasowski 39.65 1408 Maple Ave. 6592 Fredrick J. Shaddick 57.10 1002 W. Washington Dr. 7296 Richard TRudeau 91.90 1027 W. Carlton' ACCOUNT # ~AME & ADDRESS • AMOUNT 11116 Pioneer Floors 210.90 657 N. Linder 22112 Phyllis Treasure 25.40 3950 Sugar Creek Dr. 28924 Robert Athay 67.70 2288 Leann Way 30806 R & M Homes 47.30 2221 Todd Way 30958 Charles Salisbury 65.00 2637 Rebbecca Way 30970 Daniel Wilmot 92.40 1879 Todd Way 30990 Clinton Barnhart 65.15 2580 Misty Drive 31090 Clifford We11s 99.50 1830 W. Chateau Dr. 31106 Jeff R. Burroughs 64.35 1861 Tracy Court 32342 Michael Schaeffer 78.10 1933 Sandalwood Dr. 32356 Lowell Horner 42.20 1927 Cairns Way 32466 Debra Rambo 45.40 1994 Sandalwood Dr. 32532 Thomas Daniels 57.$5 1747 Beardon Court 35352 Cal Penman 54.15 1481 Darrah Dr. 35376 Ricky L. Briner 69.45 1305 Darrah Dr. 37220 Shayne Upshaw 84.60 1310 Darrah Dr. 37224 Leeon Martineau 47.65 1332 Darrah Dr. 37236 Bonnie Ash 96.80 1402 Darrah Dr. 38276 Judy Silken 292.65 1552 Storey Ave. 38436 David G. Spangler 18.55 1228 Fairwood Dr. ACCOUNT # ~AME & ADDRESS • AMOUNT 38512 Martin Henning 196.65 1306 W. Chateau Ave. 38518 Frank Jakomeit 44.55 1338 W. Chateau 38746 Charles A. Bates 41.35 2182 N.W. 11th Ave. 38766 Judith Cryer 83.80 811 Delmar 38798 Jeffrey L. Chance 37.10 933 Chateau Dr. 38824 Philip R. Carroll 58.45 1080 Delmar Dr. 39270 Clifford K. North 37.10 916 Storey Ave. 39330 Stephen L. Johnson 70.25 2026 N.W. 10th St. 40100 Judith Lolley 78.00 1720 Crestmont Dr. 40102 Jerry Browne 44.75 1728 Crestmont Dr. 40128 Vincent Gardner 77.90 2070 Crestmont Dr. 41196 John Takagi 203.80 618 Longford Dr. 41216 Bill L. Lindauer 49.85 551 Tiffany Dr. 48818 Calvin L. Bishop 62.50 923 Willowbrook Dr. 48828 Kevin Seeley 44.75 1055 E. Willowbrook Dr. 53700 Carol J. Spencer 37.10 1326 E. 1st St. 56396 Idaho Tent & Canvas 82.80 708 E. 1st St. 56444 Murri's Electronics 111.30 131 E. Idaho i„, .,:,. ACCOUNT # ~AME & ADDRESS • AMOUNT 56778 M.Lee Nelson 37.40 815 E. 1st St. 56930 George Strasser 34.20 811 E. Pine 59470 Mike Claunch 79.50 338 E. State #2 59472 Mike Claunch 71.20 338 E. State # 1 59488 James Howell 113.70 234-236 E. State 60268 Chef Fisher Gourmet Foods 1247.15 331 E. 1st 60286 Richard Munro 61.70 209 E. Ada 60350 Edith Crockett 35.10 122 East Ada 60430 David Roberts 46.15 133 E. King' 61778 Lorna Fanton 32.80 212 E. 2nd St. 61784 Terry Glassinger 17.55 126 E. Williams 92838 George Savell 55.90 733 Fulmer Court 92856 Marty Flower 53.45 656 Fulmer Court 93344 Adan Gonzalez 37.10 210 S.W. 7th Ave 93345 Adan Gonzalez 94.95 220 S.W. 7th Ave. 93467 Henkles & McCoy 37.90 613 W. Franklin 94608 Ralene Gregory 37.10 1125 Crestwood Dr. 95080 Mrs. Teresa Kinne 178.55 1124 Crestwood Dr. 95108 Roland Erickson 47.30 1476 W. Crestwood Drive ~ 1 ~ ACCOUNT # 96910 96920 NAME & ADDRESS THomas H. Brandt 411 S. Meridian Shellie A. Allen 403 Meridian St. TOTAL AMOUNT 45.55 47.95 $ 8471.42