HomeMy WebLinkAbout10-1469 City Code Repealing and Replacing 1458 - Board of AdjustmentCITY OF MERIDIAN ORDINANCE NO. / D - l yl0 °I
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING
ORDINANCE NO. 1458; PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF
TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE
ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION,
MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF
ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1,
SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF
APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1,
SECTION 17, RELATING TO DISPUTE RESOLUTION; AMENDING TITLE 9,
CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER
INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 21,
RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO
HEARING; AMENDING TITLE 9, CHAPTER 2, SECTION 1-4 OF THE
MERIDIAN CITY CODE, RELATING TO DEFINITIONS; REPEALING TITLE 9,
CHAPTER 2, SECTION 3-7 OF THE MERIDIAN CITY CODE REGARDING
APPEALS OF WASTEWATER DISCHARGE PERMITS BEFORE THE BOARD
OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 2,
SECTION 3-7, RELATING TO APPEALS OF WASTEWATER DISCHARGE
PERMITS BEFORE THE BOARD OF ADJUSTMENT; REPEALING TITLE 9,
CHAPTER 4, SECTION 20 OF THE MERIDIAN CITY CODE, RELATING TO
THE BOARD OF APPRAISERS; REPEALING TITLE 9, CHAPTER 4, SECTION
21 OF THE MERIDIAN CITY CODE REGARDING SEWER CHARGE
APPRAISAL AND REPLACING WITH A NEW TITLE 9, CHAPTER 4, SECTION
21, RELATING TO SEWER CHARGE APPRAISAL BEFORE THE BOARD OF
ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian, by the passage of
Ordinance No. 10-1458, on September 28, 2010, approved the establishment of a Board of
Adjustment; and
WHEREAS, the City Council of the City of Meridian, desires to clarify that the
establishment,. duties and powers, hearing procedures, right to appeal, and dispute
resolution function of the Board of Adjustment includes the handling of disputes,
objections, appeals, and/or adjustments related to sewer user accounts as well as water user
accounts; anal
WHEREAS, to effect such clarification additional changes to Title 2, Chapter 7
and Title 9, Chapters 1, 2 and 4, are necessary beyond those contained in Ordinance No.
1458;
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 1 OF 15
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That Ordinance No. 1458 is repealed and replaced to read as follows:
Section 2: That Title 2, Chapter 7 of the Meridian City Code shall read as follows:
Chapter 7
BOARD OF ADJUSTMENT
2-7-1: ESTABLISHMENT:
There is hereby established a Board of Adjustment, for the purpose of hearing disputes,
objections, appeals, or requested adjustments by an authorized water and/or sewer user
related to water and/or sewer user accounts, statements, fees, and/or permits including, but
not limited to, non-payment and shut-off of water service, assessment fees, connection fees,
wastewater discharge permits, monthly user charges or other fees established by Title 9 of
the City Code regarding water and sewer use and service.
2-7-2: DUTIES AND POWERS:
A. The Board of Adjustment shall be authorized to:
1. Propose to City Council for approval the rules of procedure for conducting hearings
by the Board of Adjustment.
2. Hear and decide disputes, objections, or appeals related to authorized water and/or
sewer user accounts, statements, fees, and/or permits including, but not limited to,
non-payment and shut-off of water service, assessment fees, connection fees,
wastewater discharge permits, monthly user charges or other fees established by
Title 9 of the City Code regarding water and sewer use and service.
B. The Board of Adjustment shall not be authorized to accept payment of any monies; the
Board shall direct all payments to be made directly to the City Finance Department.
2-7-3: MEMBERSHIP:
A. Membership:
1. The Board of Adjustment shall consist of at least three (3) members, but no more
than five (5) members.
2. Members of the Board of Adjustment shall be appointed by the Mayor and
approved by City Council on a vote of a majority of the City Council members, and
Board members may, in like manner, be removed.
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 2 OF 15
3. All members of the Board of Adjustment and the officers thereof shall serve
without salary or compensation. The City shall provide the necessary and suitable
equipment and supplies to enable the Board to properly transact and attend to its
business.
B. Qualifications: Members of the Board of Adjustment shall include the Director of the
Public Works Department or designee; the City Attorney or designee, and at least one
(1) citizen of Meridian, but no more than three (3) citizens.
C. Citizen Terms: Citizen members of the Board of Adjustment shall serve three-year
terms. Where two or more citizens are initially appointed to the Board of Adjustment,
such citizens' respective terms shall initially include one seat with aone-year term; one
seat with atwo-year term; and all remaining citizen seats shall be three-year terms.
Citizen members wishing to serve additional terms must submit a letter of interest to
the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be
made at the discretion of the Mayor, with confirmation by the City Council.
D. Vacancies: Vacancies shall be filled in the same manner as original appointments and
the appointee shall serve for the remainder of the unexpired term.
2-7-4: ORGANIZATION:
The Board of Adjustment shall annually elect one member as Chair. The Board may select
and elect such other officers as it deems necessary.
2-7-5: MEETINGS:
The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and
notice by the City Clerk following receipt of a written Request for Hearing as set forth in
this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m.
on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway,
Meridian, Idaho. All meetings of the Board of Adjustment shall be open to the public, and
shall comply with Idaho open meeting laws. Additional meetings of the Board of
Adjustment maybe scheduled by the Board as necessary to carry out the business of the
Board.
2-7-6: HEARING PROCEDURES:
A. An authorized water and/or sewer user may request a hearing before the Board of
Adjustment regarding. any dispute, appeal, or objection related to such authorized water
and/or sewer user's account, statement, and/or permit including, but not limited to, non-
payment and shut-off of water service (pre-termination hearing), assessment fees,
connection fees, wastewater discharge permits, monthly user charges ar other fees
established by Title 9 of the City Code regarding water and sewer use and service by
complying in all respects with the procedures set forth in this section.
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 3 OF 15
B. The authorized water and/or sewer user requesting a hearing before the Board of
Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the
City Clerk. Such Request for Hearing shall include Hearant's name, mailing address,
telephone number, a-mail address, and water or sewer account number and address;
names and contact information of other interested or involved parties; and a description
of the matter(s) to be brought before and considered by the Board of Adjustment.
C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the
matter for hearing at the next meeting of the Board of Adjustment, except that a
Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the
month shall not be heard until the third Wednesday of the following month. Within
two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof
to the Hearant and to all known interested or involved parties in addition to the general
notice provisions of Idaho open meeting laws.
D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a
fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded
the opportunity to confront witnesses, to present credible evidence, to personally appear
and be represented and/or accompanied by an advisor or other legal representative, to
be judged on facts adduced at the hearing, and to otherwise be heard on the matter
before the Board of Adjustment.
E. The Board of Adjustment shall maintain a record of all hearings conducted and actions
taken.
F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion
of the hearing, which decision shall include the Board of Adjustment's general findings
of fact and conclusions of law in support of its decision. The Board shall declare the
payment of any money deemed owed to the City due and payable to the City Finance
Department immediately or by a date certain, as appropriate. The Board shall also
verbally and on the record inform the Hearant of his or her right to appeal the Board's
decision to the City Council.
G. The Board of Adjustment shall prepare a written decision including its findings of fact
and conclusions of law. The Chair shall mail the written decision to Hearant within
two (2) working days of the conclusion of the hearing.
2-7-7: RIGHT TO APPEAL:
A. A limited right of appeal to the City Council shall be available to a Hearant who
receives an adverse decision by the Board of Adjustment and complies in all respects
with the procedures set forth in this section.
B. Within three (3) working days of the conclusion of the hearing before the Board of
Adjustment, the Hearant shall file with the City Clerk:
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 4 OF 15
A written Notice of Appeal, including Hearant's name, mailing address, telephone
number, a-mail address, and water or sewer account number and address; names
and contact information of other interested or involved parties; and a statement of
the basis for the appeal, including specific objections to the Board of Adjustment's
findings of fact and/or conclusions of law; and
2. A cash or check deposit in the amount determined by the Board of Adjustment to be
due and payable.
C. Upon timely receipt of a complete Notice of Appeal, the City Clerk shall schedule the
appeal for hearing before the City Council within thirty (30) calendar days. The City
Clerk shall provide notice of such hearing to the Hearant and to all known interested or
involved parties.
D. On the date and time duly noticed for hearing before City Council, each party may
make a brief statement to City Council. No new evidence shall be presented; City
Council shall decide the matter upon consideration of the record of hearing before the
Board of Adjustment.
E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment.
City Council shall overturn or modify the decision of the Board of Adjustment only
where the Board's findings of fact are not based upon substantial evidence or the
conclusions of law are erroneous. City Council may order that Hearant's deposit be
forfeited to City or refunded less any adjustments. City Council may order that the
payment of any additional money deemed owed to the City be due and payable to the
City Finance Department by a date certain. The decision of the City Council shall be
final.
Section 3: That Title 9, Chapter 1, Section 17 of the Meridian City Code is
repealed, and shall be replaced with language to read as follows:
9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT:
The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be
delegated the duty of hearing disputes, objections, appeals, or requested adjustments by an
authorized water and/or sewer user related to water and/or sewer user accounts, statements,
fees, and/or permits including, but not limited to, non-payment and shut-off of water
service (pre-termination hearing), assessment fees, connection fees, wastewater discharge
permits, monthly user charges or other fees established by Title 9 of the City Code
regarding water and sewer use and service. The Board of Adjustment shall conduct
hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code.
Section 4. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be
amended to read as follows:
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 5 OF 15
9-1-19: MONTHLY RATES:
A. User Fees:
1. All owners who receive or have the right to receive the benefit of the municipal
water system shall, in return for said benefit, pay monthly user fees as established
by resolution of the city council. The monthly user fee shall be based on the amount
of water used and the amount of fire and health protection provided by the
municipal water supply system.
2. Monthly fixed cost fees and user fees shall be established by resolution of the city
council.
3. Each owner will pay a monthly user fee based on the quantity of water used. Each
owner shall pay, as full compensation for the benefits derived from the municipal
water supply system, the fees as established by resolution of the city council.
Should an owner request a city water service line to be disconnected, for any
reason, there shall be no fee paid to the city. However, the owner must request the
city to place the line back in service. There will be a charge as established by
resolution of the city council associated with the reactivation of the existing service
line. All monthly water rates will be charged against the property for which the city
water service line is installed. The owner of record is liable for that amount, which
must be paid before the water service is resumed. In the event an owner leaves an
unclaimed balance in his account, that amount shall be kept for six (6) months after
which time it shall revert to the enterprise fund of the city.
B. Fees For Water Use:
1. The fees for water use shall be as established by resolution of the city council.
2. In case a water meter fails to register correctly the water used, the owner shall pay
for the water on the basis of the average reading of the meter for the previous three
(3) months. Water meter installation fees shall be as follows:
a. For all meters installed, the fee shall be set by resolution of the city council eke
b .All installed meters shall be property of the city.
b. Meter adapter and radio read transmitter units fees as established by resolution
of the city council.
C. Private Fire Service:
1. Available only on flat rate when used for fire protection only; owner to install all
lines to the city mains at their expense. All connections to be supervised by the city
and to conform to city requirements and the uniform plumbing code. The flat rate
fees shall be as established by resolution of the city council.
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 6 OF 15
2. All private fire service lines shall be equipped with sealed gate valve or thermal
automatic openings.
3. Private fire service lines shall be used for fire control only. Any other use is
unlawful.
D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users,
other than single-family residential, shall be based on the number of equivalent
residential units (ERUs) listed in table 3 of this section, unless other acceptable means
of determining ERUs are used. Other acceptable means may include the uniform
plumbing code "fixture unit" method or examination and analysis of historical
consumption records of similar facilities within or outside the city of Meridian.
TABLE 3
EQUIVALENT RESIDENTIAL UNITS
Number Of Minimum
Classification ERUs ERUs
Apartment See Multiple living unit
Bank 2
Bar 2
Barbershop, per chair 0.5 1.0
Beauty salon, per operator station 0.5 1.0
Bowling alley, per lane 0.2 1.0
Cafe, per customer seating capacity 0.1 2.0
Car dealer 2
Car wash (to be computed on an individual -
basis)
Church 2
Club, private
Condominium See Multiple living unit
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 7 OF 15
ctitioner
i 1
er ra
st, p p
Dent
Department store, per 3,000 square feet 1
er ractitioner
Doctor, p p
Drugstore
Dry cleaners 2
Duplex See Multiple living unit
Fourplex See Multiple living unit
e ~~~
Gara ~ ~~
g
Grocery store (See Retail food store
Hospital, per bed 0.15
Industry:
Major contributing industry (as per separate -
agreement)
Minor contributing industry (as per separate -
agreement)
Laundries:
Commercial (to be computed on an individual -
basis)
Self-service:
Up to and including 10 washing machines
4
hine in excess of 10
hi
h
ng mac
was
Eac 0.25
Lodge or private club 2
Mobile home court or park:
~-
First space 1
Each additional space, long term tenant type 1
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 8 OF 15
Each additional space, short term tenant type. 1
Mobile home or trailer house on own premises 1
Motel, hotel, rooming house, etc.:
With cooking facilities:
First unit 1
Each additional unit 0.5
Without cooking facilities:
First unit 1
Each additional unit 0.25
Multiple living unit:
Studio or 1 bedroom 1
d
2 b f 1~--
rooms
e
3 or more bedrooms 1
Office building, for each 2,500 square feet of
n thereof
ti
fr 1
o
ac
gross floor space or
Photo development lab 2
t
d d
il
epo
roa
Ra
Restaurant, per customer seating capacity 0.1 2.0
Retail food store, for each 1,500 square feet of 1
gross floor area or fraction thereof
Retail store, for each 3,000 square feet of gross 1
floor area or fraction thereof
Schools, per each 50 students in average daily 1
tion thereof
fr
d
ac
ance or
atten
r°
Service station:
vice
ll
F
ser
u
Gas and restroom service only
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 9 OF 15
With car wash (to be computed on an individual
basis) -
Single-family residence
Swimming pool: ~~
Private, for each 500 square feet of pool water 0.25
surface area
Public (to be computed on an individual basis) -
Tavern 2
Theater ~2
Townhouse 1
Trailer court or park:
First unit 1
Each additional space, long term tenant type 0.75
Each additional space, short term tenant type 0.5
Triplex See Multiple living unit
Variety store, for each 3,000 square feet of gross
floor area or fraction thereof 1
E. Pass-Through Charge To User: The United States environmental protection agency has
required the state of Idaho to test drinking water and the state of Idaho through the
department of environmental quality, has passed the cost of such testing down to local
governmental and private water suppliers. The city must pass the cost of such testing to
the water users. Therefore, each water user shall be charged a monthly water
assessment of twenty five cents ($0.25) until the department of environmental quality
amends or retracts this testing charge.
Section 5. That Title 9, Chapter 1, Section 21 shall be amended to read as follows:
9-1-21: DELINQUENCIES; CITY PROCEDURE:
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 10 OF 15
A. Termination of Service; Notice: Each month the municipal utility billing department
shall furnish each water user a statement of the amount due for water and sewer and
other charges for the preceding month or up to the time that the meter has been read;
and if any water user does not pay the billing within fifteen (15) days from the date of
the statement, the water user's account shall be delinquent. Water users shall be
notified by regular mail of this delinquency and if the bill is not paid in full within ten
(10) days after service of this notification on the water user, the right to water shall
cease and terminate unless the owner requests apre-termination hearing before the
Board of Adjustment. Should the water user not request apre-termination hearing, or if
an adverse decision is rendered against the owner after apre-termination hearing, the
city may require the owner to pay the delinquent water bill attributable to the use, plus a
turnon charge as a condition of resumption of water service, and in the event the water
meter has been removed, a fee must be paid as a condition of resumption of water
service. No allowance will be made for nonuse for less than one month. All
corrections as to the charge and all abatements shall be made under the direction of the
Board of Adjustment ~~..:y~nr ~~a ~~*-~ ,.,,,,..,.:~ and shall be certified by the chief
financial officer.
B. Right to Hearing:
The city, in its delinquency notice to all water users and owners, shall inform them
in writing of their right to apre-termination hearing before the Board of Adjustment
in accordance with Title 2, Cha tp er 7bele~. If apre-termination hearing is
requested by any water user, the city will not discontinue water service to any water
user prior to a fair and impartial hearing before the Board of Adjustment;-after
+i, o.....; ~ o i.o ~, ea rl-a~~d
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2. Provided, however the city shall not initially deny or discontinue water service to
any water user because of any delinquent water bill on that premises that is
attributable to the prior owner. However, any and all unpaid water charges shall be
alien against the property as provided below. The city may initially deny water
service to any water user who requests service at a new location when that water
user has a delinquency at any previous location or premises. Provided, further, that
the city shall not initially deny water service to any water user for whatever reason
without informing the water user of the right to a hearing before the Board of
Adjustment e~e~on the issue of whether the city can initially deny water
services. In the case of an initial denial of water service, the city is not required to
provide water service pending a hearing. However, a hearing upon request of a
water user initially denied water service shall be held as expeditiously as possible
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 11 OF 15
and held in the manner and accordance with the procedures for pre-termination
hearings before the Board of Adjustment aoi:~o„+oa .,~.,,..o
C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this
section, not paid after the final determination of the delinquent account, shall be
imposed as a lien against and upon the property or premises against which such charge
or fee is levied or assessed; and the city clerk shall, at the time of certifying the city
taxes, certify such delinquencies together with all penalties to the tax collector of Ada
County, and when so certified, the same shall be a lien upon the property. All monies
collected by the clerk under the provisions of this section shall be paid over to the city
treasurer in the same manner as is required for the payment of other city monies.
D. Security Deposit: Upon application for new service, or upon reconnection for existing
service which was terminated for nonpayment, the. city may require a water user to pay
a deposit in an account to be determined in accordance with policies established by
resolution of the city council.
Section 6. That Title 9, Chapter 2, Section 1-4 of the Meridian City Code shall be
amended to read as follows:
9-2-1-4: DEFINITIONS:
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this chapter, shall have the meanings hereinafter designated. The use of the singular shall
be construed to include the plural and the plural shall include the singular as indicated by
the context of its use.
ACT OR "THE ACT": The federal water pollution control act, also known as the clean
water act, as amended, 33 USC 1251 et seq.
APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city of
Meridian prohibitive standards, city of Meridian specific pretreatment standards (local
limits), or EPA's categorical pretreatment standards (when effective), whichever standard
is appropriate or most stringent.
APPROVAL AUTHORITY: The regional administrator of the EPA, region 10, Seattle,
Washington.
AUTHORIZED REPRESENTATIVE OF THE USER:
A. If the user is a corporation:
1. The president, secretary, treasurer, ar a vice president of the corporation in charge
of a principal business functian, or any other person who performs similar policy or
decision making functions for the corporation; or
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 12 OF 15
2. The manager of one or more manufacturing, production, or operation facilities,
provided, the managers if authorized to make management decisions which govern
the operation of the regulated facility including having explicit or implicit duty of
making major capital investment recommendations and initiating and directing
other comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedure.
B. If the user is a partnership or sole proprietorship: A general partner or proprietor,
respectively
C. If the user is a federal, state, or local governmental facility: A director or highest
official appointed or designated to oversee the operation and performance of the activities
of the government facility, or their designee.
D. The individuals described in subsections A through C of this definition, may designate
another authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the facility from
which the discharge originates or having overall responsibility for environmental matters
for the company, and the written authorization is submitted to the superintendent or
designee.
BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of
practices to implement the prohibitions listed in 403.5(a)(1) and (b). BMPs also include
treatment requirements, operating procedures, and practices to control plant runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20 C), usually expressed as a concentration (milligrams per
liter [mg/1]).
BOARD OF ~~ ADJUSTMENT: The board constituted pursuant to section 9-
1-17 of this title and as established in Title 2, Chapter 7.
Section 7. That Title 9, Chapter 2, Section 3-7 of the Meridian City Code is
repealed and replaced to read as follows:
9-2-3-7: APPEALS:
Any person, including the user, may request a hearing before the Board of Adjustment to
appeal a decision by the superintendent or designee relating to wastewater discharge permit
applications within thirty (30) days of the denial or issuance of the permit and by
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 13 OF 15
complying in all respects with the procedures set forth in Title 2, Chapter 7 pertaining to
the Board of Adjustment.
A. Failure to submit a timely Request for Hearing before the Board of Adjustment shall be
deemed to be a waiver of the right to appeal.
B. In the Request for Hearing, the appealing party (Hearant) must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
D. A limited right of appeal to the City Council shall be available to a Hearant who
receives and adverse decision by the Board of Adjustment and complies in all respects
with the procedures set forth in Title 2, Chapter 7, Section 7.
E. The decision of the City Council shall be final.
Section 8. That Title 9, Chapter 4, Section 20 of the Meridian City Code is
repealed.
Section 9. That Title 9, Chapter 4, Section 21 is repealed and replaced to read as
follows:
9-4-21: SEWER CHARGE APPRAISAL:
If the user or owner disputes a sewer connection fee or monthly user charge, the user or
owner may request a hearing before the Board of Adjustment pursuant to the procedures set
forth in Title 2, Chapter 7 pertaining to the Board of Adjustment in order that the parcel
being subject to sewer connection, charge, periodic user charge, or other fees as provided
for in section 9-4-23 of this chapter be appraised and assessed by the Board of Adjustment
for the purpose of establishing the equivalent connection rating, the sewer connection
charge, the inspection fee, the monthly service charge or other fees to be charged or
assessed to and against such property. In making such appraisement and assessment, there
shall betaken into consideration the area of land being served and the amount of flow (Q),
the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent
components of the wastes that the user is contributing to the system so as to establish, as
nearly as possible, the rate, charge or fee for each property on the same relative basis as is
imposed upon like property and uses within the city that has or will receive the sewer
service. This procedure may also be used to determine the initial charges set forth herein ar
to change or modify the initial charges.
Section 10. That all ordinances, resolutions, orders, or parts thereof or in conflict with
this Ordinance are hereby voided.
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 14 OF 15
Section 11. That this Ordinance shall be in full force and effect beginning on
1'~~Cem~,~ ,~~' 201.
PASSED by the City Council of the City of Meridian, Idaho, this o? ~ day of
1 mhea( , 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of
~1 e~e~~b~ , 2010.
APPROVED:
~,~G6~7~
Tammy d erd, Mayor
ATTEST: ~,~`'~ p~= ~~`+~/pr`''y,,
,`G~~ -9,~'~
s ~~
T ~%
FO
ayce .Holman, City Clrk
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' 9 ~GC~sr ~s~ .1~~ ~~ ,`~
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~~riir„rai n111~~~~
ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 15 OF 15
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10- ~ ~ Co`t
REPEALING AND REPLACING ORDINANCE NO. 10-1458 RELATING TO THE CITY OF
MERIDIAN BOARD OF ADJUSTMENT
An ordinance of the City of Meridian repealing and replacing Ordinance No. 1458 providing for a new chapter,
Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership,
organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9,
Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new
Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1,
Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating
to termination of service, notice, and right to hearing; amending Title 9, Chapter 2, Section 1-4 of the Meridian
City Code, relating to definitions; repealing Title 9, Chapter 2, Section 3-7 of the Meridian City Code regarding
appeals of wastewater discharge permits before the Board of Appraisers and replacing with a new Title 9,
Chapter 2, Section 3-7, relating to appeals of wastewater discharge permits before the Board of Adjustment;
repealing Title 9, Chapter 4, Section 20 of the Meridian City Code, relating to the Board of Appraisers; repealing
Title 9, Chapter 4, Section 21 of the Meridian City Code regarding sewer charge appraisal and replacing with a
new Title 9, Chapter 4, Section 21, relating to sewer charge appraisal before the Board of Adjustment; providing
for a savings clause; and providing an. effective date. -. The full text of this ordinance is available for inspection at
City Hall, City of Meridian, 33 East B~oadway.,lVleri~l~n, Idaho. This ordinance shall become effective upon its
passage and publication.
~:
City ~ n~J
Mayor an City Council ~~
By: Jaycee Holman, City Clerk
First Reading: ~`a ~ a~ ~ ~ b --
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES~_ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- 1 y G ~
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- l K6 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 ?i Z day of J~lM l-c.` , 2010.
~~ ~- . ~J
William. L.M. Nary
City Attorney
BOARD OF ADJUSTMENT ORDINANCE- SUMMARY