17-1759 Nuisance Procedures updates Repeal and Replace351462 1710674
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
12/29/2017
10"40-2-V
STATE OF IDAHO)
County of Canyon)
On this 29th day of December in the year of
2017 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
executed same.
Notary lic fo ahottttt�tt�ttr��
Residing at Canyon County ����
My Commission expires 06/28/2023, ®®
�S' «` Cl
CITY OF MERIDIAN ORDINANCE NO. I I " � 1
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING
AND REPLACING TITLE 4, CHAPTER 2, MERIDIAN CITY CODE, REGARDING
NUISANCES, SPECIFICALLY: DEFINITIONS; RESPONSIBLE PARTY; PROCEDURES
AND PENALTIES FOR ABATABLE NUISANCES; PROCEDURES AND PENALTIES FOR
GENERAL NUISANCES; HINDERING AUTHORIZED PERSON; ADOPTING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all
sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on private
property within the city, and to assess the cost thereof against the property so abated;
WHEREAS, in addressing abatable nuisance conditions, the City's primary objective is the
expedited abatement of same, with the deterrence of ongoing or repeated incidences of such nuisance
conditions through criminal prosecution and penalties as a secondary enforcement tool;
WHEREAS, in addressing general nuisance conditions, the City's primary objective is deterring
ongoing or repeating incidences of such nuisance conditions through criminal prosecution and penalties;
WHEREAS, the City Council of the City of Meridian finds that these updates to the City of
Meridian Nuisance Code are in the best interest of the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 4, Section 2, Meridian City Code, shall be repealed, and replaced with
language to read as follows:
4-2-1: DEFINITIONS:
A. GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched,
scratched, drawn, or painted on any real or personal property or improvement, including, but not
limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or
signs, whether such property is public, private, temporary, or permanent, without the consent of the
owner of such property or the owner's authorized agent, and which inscription, work, figure,
symbol, drawing, mark, or design is visible from any publicly accessible location.
B. JUNK VEHICLE: Any vehicle, or pants 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, rearview mirrors, windshield wipers, or adequate fenders;
UPDATES TO NUISANCE CODE PAGE 1 of 6
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.
This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of
a lawfully conducted business, industry or commercial enterprise.
C. 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. Nuisances shall include, but shall not be limited to, the
following conditions designated as abatable nuisances and as general nuisances:
1. ABATABLE NUISANCE: Nuisance conditions that may be abated by the city in accordance
with the provisions of this chapter, specifically including, without limitation, the following
nuisance conditions:
a. Nuisance weeds.
b. Graffiti, on any surface.
c. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises.
d. Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway.
2. GENERAL NUISANCE: Nuisance conditions that may lead to criminal charges without any
prior attempt by the city to obtain abatement thereof, specifically including, without
limitation, the following nuisance conditions:
a. Nuisance materials on the ground, except that this definition shall not include the
incidental leakage of nuisance materials from registered vehicles lawfully moving or
parked upon a public right of way; the lawful application of pesticides or herbicides for
purposes of controlling pests or weeds; or activity otherwise specifically allowed by law
or by written permit issued by the city or other governing authority.
b. Personal property on any portion of a public sidewalk, except as specifically allowed by
law or by written permit issued by the city or other governing authority.
c. One 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 of this code.
d. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary
condition.
e. Refuse, vegetative 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.
f. 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.
g. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial
or residential premises.
h. 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 due to increased fire hazard or other
hazard.
i. Any nuisance condition not otherwise enumerated in this chapter.
UPDATES TO NUISANCE CODE I PAGE 2 OF 6
D. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but
not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
E. NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which:
1. Is over eight inches (8") in height;
2. By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire
hazard to any person, building, improvement, crop, or other real or personal property;
3. By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or
any portion thereof; or
4. Is designated as a noxious weed by the state of Idaho.
This definition shall not include cultivated grasses and pastures, though such vegetation may be
declared a nuisance where otherwise appropriate.
4-2-2: RESPONSIBLE PARTY:
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 roll, 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: ABATABLE NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to abatable nuisances.
B. Abatable Nuisance Unlawful. 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 abatable
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. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance
upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or
stone drains.
C. Procedure: If it is determined by a code enforcement officer that an abatable nuisance exists, 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
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 roll, or as otherwise known; or
PAGE 3 OP 6
UPDATES TO NUISANCE CODE
3. By posting such notice and order at a conspicuous place on the property and publishing one
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.
D. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or
control of any property where any abatable nuisance exists, to abate such nuisance within five (5)
calendar days from the date of personal service, mailing, or publication, except that the code
enforcement officer may require summary abatement of an abatable nuisance where such condition
presents an imminent or ongoing threat to or impairment of human health or safety. Abatement of
graffiti shall meet the following standards:
1. The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription,
work, figure, symbol, drawing, mark, or design of such graffiti remains apparent.
2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the
original color of the surface upon which such graffiti was applied.
3. If the surface is heavily covered with graffiti, the entire surface shall be repainted.
E. 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 cleric 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.
F. Criminal Penalties: If, following notice of violation and order to abate, any person allows the
existence of an abatable nuisance, such person shall be guilty of a misdemeanor. Each and every day
in which any such violation continues may be deemed a separate offense. Upon conviction for a
violation of this section, 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 section.
G. Civil Penalties: In addition to any other penalties described in this section, 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.
H. 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 abatable nuisance where the owner, occupant, agent or person in control of
property does not comply in all respects with an order to abate, the code enforcement officer may
abate or cause the abatement of such nuisance. 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 unposed
pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures:
UPDATES TO NUISANCE CODE PAGE 4 OF 6
1. Recovery of Abatement Costs And Fees: Within thirty (3 0) 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 frill 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;
b. Add the amount due and owing to the municipal utility service account related to the
property on which the nuisance was abated and collect such amount in accordance with
utility bill collection procedures; and/or
c. 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 cleric 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 percent (10%) 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 cleric shall file
a release of lien with the Ada County assessor.
I. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace
officer, or fire marshal from requiring, undertaking, or causing summary abatement of an abatable
nuisance where such condition presents an imminent or ongoing threat to or impairment of human health
or safety.
J. Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement officer
may notify Ada County of the presence of any noxious weeds.
4-2-4: GENERAL NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to general nuisances.
B. General Nuisance Unlawful. 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 general
nuisance on such property, or upon any sheet, 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. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance
upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or
storm drains.
UPDATES TO NUISANCE CODE PAGE 5 OP 6
C. Criminal Penalties: Any person who causes, creates, or allows the existence of any general nuisance
shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue
shall be deemed a separate offense. Peace officers and code enforcement officers shall have the
authority to issue uniform citations to violators of this section. Issuance of notice of violation and
order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this
section.
D. Civil Penalties: In addition to any other penalties described in this section, the city may also take
civil action to obtain an order mandating the abatement of such general nuisance and ongoing
maintenance of such property free from nuisance, and/or to recover any and all costs of enforcement,
litigation, and/or prosecution including, but not limited to, attorney fees and court costs.
E. 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 general
nuisance condition where such condition presents an imminent or ongoing threat to or impairment of
human health or safety.
4-2-5: 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.
Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
2017.
Section 3. That this ordinance shall be effective immediately upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 0 Pday of o e
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
2017.
��ppAUCCIg�.rx
APPROVED:
U°
G,9
Tammy eerd, Mayor
UPDATES TO NUISANCE CODE
ATTEST:
C/ayol City Clerk
PAGE 6 OF 6
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 17- / -7 f
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING
AND REPLACING TITLE 4, CHAPTER 2, MERIDIAN CITY CODE, REGARDING
NUISANCES, SPECIFICALLY: DEFINITIONS; RESPONSIBLE PARTY; PROCEDURES
AND PENALTIES FOR ABATABLE NUISANCES; PROCEDURES AND PENALTIES FOR
GENERAL NUISANCES; HINDERING AUTHORIZED PERSON; ADOPTING A SAVINGS
CLAUSE; AND PROVIDINGAN-EFECTIVE DATE.
G 7 ,
ti L�
City of
>Iglx- ,IDIAN
%—ILY-UllVll. 1��. lgtl `I s•`"n 3.k-:,.CSl v
Mayor and City Council
By: C.Jay Coles, City Clerk
First Reading: V/ /V
Adopted after first reading by suspension of the Rule
as allowp4 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. 17- /7 ,
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. 17- 0 �f 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 t day of '2017.
William L.M. Nary, Ci y Attorney
UPDATES TO NUIsANcE CODE PAGE 7 OF 6