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Home My WebLink About10-1447 City Code Junk Vehicles, Weeds, and Other NuisancesCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING CHAPTER 3, TITLE 4, MERIDIAN CITY CODE, REGARDING WEEDS; REPEALING CHAPTER 4, TITLE 4, MERIDIAN CITY CODE, REGARDING ABANDONED OR INOPERABLE VEHICLES; REPEALING AND REPLACING CHAPTER 2, TITLE 4, MERIDIAN CITY CODE REGARDING JUNK VEHICLES, WEEDS AND OTHER NUISANCES: DEFINITIONS, NUISANCE CONDITIONS PROHIBITED, RESPONSIBLE PARTY, ABATEMENT OF NUISANCES, APPEAL, FAILURE TO ABATE, PENALTIES FOR VIOLATION, LEGAL ACTION, HINDERING AUTHORIZED PERSON, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 50-334, the City of Meridian is 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 on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the City for the cost of abating the nuisance; WHEREAS, the provisions of the City Code of the City of Meridian regarding nuisance require an update to address nuisance conditions common to our community today, provide for more effective deterrence of such conditions, and effectively recover taxpayer expenses that are spent to abate such nuisances; WHEREAS, as of July 1, 2010, pursuant to Idaho Code section 49-1819, the state code provisions regarding the definition and removal of abandoned vehicles will preempt municipal regulation thereof, though junk vehicles are still appropriately addressed in the nuisance provisions of City Code; and WHEREAS, the City Council deems it to be in the best interest of the health, safety and welfare of its citizens to revise the existing ordinances relating to nuisances, particularly the nuisance conditions presented by unattended weed growth, so as to better regulate and govern the safeguarding of life and property from the risks of fire and other hazards to health, safety, and property that are associated with such nuisances within the community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Chapter 3, Title 4, of the Meridian City Code shall be repealed. Section 2. That Chapter 4, Title 4, of the Meridian City Code shall be repealed. Section 3. That Chapter 2, Title 4, of the Meridian City Code shall be repealed and replaced with the following language: JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 1 of 7 TITLE 4 PUBLIC HEALTH AND SAFETY CHAPTER 2 JUNK VEHICLES, WEEDS AND OTHER NUISANCES 4-2-1: DEFINITIONS: A. JUNK VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rear view mirrors, windshield wipers, or adequate fenders; 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or 4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. B. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. C. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation maybe declared a nuisance where otherwise appropriate. 4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY: A. Nuisance prohibited. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Prohibited nuisances shall specifically include, but shall not be limited to, the following conditions and/or matter: 1. The proliferation and/or growth of weeds which: a. Are over eight inches (8") in height; b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or c. Are designated as noxious weeds by the state of Idaho. 2. One (1) or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to Title 11, Meridian City Code, except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 2 Of 7 3. Noise from any radio, television set, loudspeaker or other device that disturbs the peace and quiet of a residence, except as otherwise allowed by permit or law. 4. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. 5. Refuse, vegetable decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. 6. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. 7. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. 8. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise. B. Responsible party. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment role, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATEMENT OF NUISANCES: A. Notice and Order to Abate. If it is determined by a code enforcement officer that a nuisance exists on any property, the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the property; or JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 3 of 7 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment role, or as otherwise known; or 3. By posting such notice and order at a conspicuous place on the property and publishing one (1) notice in the official newspaper of the City that the property has been posted in accordance with this Chapter and ordering the owner, occupier, or person in charge or control of the property. B. Time period for abatement. It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication. The code enforcement officer may require summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-4: APPEAL: Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the City Council by filing a written appeal with the City Clerk, which appeal shall enumerate the grounds for appeal. The City Clerk may schedule such appeal for hearing at the next regular meeting of City Council. City Council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the City Council shall be final. If City Council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. 4-2-5: FAILURE TO ABATE; PENALTIES FOR VIOLATION; LEGAL ACTION: A. Criminal penalties. Any person who causes, creates, or allows the existence of any nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Upon conviction for a violation of this chapter, the City shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the City. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this Chapter. B. Civil penalties. In addition to any other penalties described in this Chapter, the City may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. C. Abatement; administrative penalties. In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate a nuisance, the code enforcement officer may abate or cause the abatement of such nuisance. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 4 Of 7 The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this Chapter and/or adopted by fee schedule, pursuant to the following procedures: 1. Recovery of abatement costs and fees. Within thirty (30) days of abatement of the nuisance, the City shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to City the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment of abatement costs. If full payment is not made to City within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the City may: a. Attempt to recover such amount through the City bill collection procedures; and/or b. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the City Clerk is not made within thirty (30) days after mailing the Notice of Special Assessment, the assessment shall be declared delinquent and shall be certified, including a ten (10) percent late fee, to the Ada County assessor by the City Clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other City taxes. Upon payment of the assessment, fees and penalties in full, the City Clerk shall file a Release of Lien with the Ada County assessor. C. Summary abatement. Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. D. Noxious weeds. In addition to other remedies set forth this chapter, the code enforcement officer shall notify Ada County of the presence of any noxious weeds. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 5 Of 7 4-2-6: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City official or employee to enter upon private or public property to enforce the provisions of this Chapter. 4-2-7: SEVERABILITY: The provisions of this Chapter shall be deemed severable, and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. Section 4. That this ordinance shall be effective immediately upon its passage and approval. PASSED by the City Council of the City of Meridian, Idaho, this ~~ day of 2010. PPROVED by the Mayor of the City of Meridian, Idaho, this 2~ d y of 2010. APPROV ATTEST: O~ M '% %, ., Tammy d erd, Mayor ~ L:~Iolman, City Clerk BEAL ~ ~~~ ~~''~~, ~Un1-r~ . ~4.. ~~, JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 6 Of 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- 1 y`, ~' AN ORDINANCE REPEALING CHAPTER 3, TITLE 4, MERIDIAN CITY CODE, REGARDING WEEDS; REPEALING CHAPTER 4, TITLE 4, MERIDIAN CITY CODE, REGARDING ABANDONED OR INOPERABLE VEHICLES; REPEALING AND REPLACING CHAPTER 2, TITLE 4, MERIDIAN CITY CODE REGARDING JUNK VEHICLES, WEEDS AND OTHER NUISANCES: DEFINITIONS, NUISANCE CONDITIONS PROHIBITED, RESPONSIBLE PARTY, ABATEMENT OF NUISANCES, APPEAL, FAILURE TO ABATE, PENALTIES FOR VIOLATION, LEGAL ACTION, HINDERING AUTHORIZED PERSON, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inspection at Meridian City Hall, City of Meridian, 33 East Broadwa eridian, Idaho. This Ordinance shall become effective upon nassa~e and public .O k' ~` ~ '~>: ~, City of 'dial Mayor an City By: Jaycee L. H `' .~ ~ '`''' c~ ~ c i ~ G ryry 'OV'r `P+~ M~ ~ U ~> it G } __4.,a. ~t~~+~,k e _ ,. First Reading: ~~ Adopted after first reading YES k NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- I~~~-- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- 1 ~} ~} ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this ~_ day of 1~-~a~( , 2010. L• William. L.M. Nary City Attorney ~a n of the rule as allowed per Idaho Code § 50-902: JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 7 of 7