434 Noxious Weeds
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ORDINANCE NO. 434
AN ORDINANCE REPEALING TITLE 8,CHAPTER 9, NUISANCES,SECTION
8-903 ENTITLED OFFENSIVE OR NOXIOUS WEEDS, REVISED AND COM-
PILED ORDINANCES OF THE SITY IF MERIDIAN, ADA COUNTY, AND"
RE-ENACTING SAID SECTION 8-903, TITLE S, CHAPTER 9, NUI-
SANCES, TO READ AS SET FORTH HEREIN AND TO BE EFFECTIVE UPON
APPROVAL HEREOF.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho have concluded that it is the best interest
of the City to repeal Title,8,;Chapter 9, Nuisances, section
8-903, entitled, Offensive or Noxoius Weeds, Revised and
Compiled Ordinances of the City of Meridian, Ada County, and
to re-enact Title 8, Chapter 9, Nuisances, Section 8-903,
Offensive of Noxoius Weeds, to read as set forth below and
to be effective upon approval hereof.
NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR OF THE CITY
OF MERIDIAN, and the CITY COUNCIL OF THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO,
Section 1. That Title 8, Chapter 9, Section 8-903,
Offensive or Noxious Weeds, is hereby repzaled.
Section 2. That the following shall be enacted as Title
8, Chapter 9, Nuisances, Section 8-903 2ntitled Offensive
or Noxious Weeds, and shall read as follows:
8-903 OFFENSIVE OR NOXIOUS WEEDS: No owner
of any lot, place, or area within the
City, or occupant or person in control of same, shall permit
on such lot, place or area or upon any street, sidewalk or
public right-of-way abutting the same a public nuisance to
exist by the Fire Chief or his authorized representative.
(A) All weeds, dry grasses, dead shrubs, dead trees,
rubbish or any material growing upon the streets, sidewalks,
adjacent public right-of-way or upon private property with-
in the City of Meridian, which by reason of size, manner
growth or location constitute a fire hazard to any building,
improvements, crops or other propert y, and weeds and grasses
which, when dry, will in reasonable probability cortstitute
such a fire hazard, are hereby declared to be a public nui-
sance.
(B) Cultivated and useful grasses and pastures shall
not be declared a public nuisance. However, if the Fire _
Chief, or his authorized representative9 shall determine it
necessary to protect adjacent improved property from fire
exposure, an adequate fire-break may be required.
(C) Waste matter as hereinafter defined, which by
reason of its location and character is unsightly and inter-
feres with reasonable enjoyment of property by neighbors,or
which would materially hamper or interfere with prevention
ot suppresion of fire upon the premises, or the abatement
of a nuisance as defined by this ordinance, is hereby declared
a public nuisance.
(D) Waste matter is defined for the purpose of this
ordinance as unused or discarded matter having no substantial
market value, which is exposed to the elements and is not
enclosed in any structure or otherwise concealed from public
view, and which consists (without limitation or exclusion
by enumeration) of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile, and
2. Rubbish, crates, cartons, metal and glass containers.
158
ORDINANCE NO. 434 CONTINUED:
(E) If it is determined by the Fire Chief or his .
authorized representative that a public nuisanc~l as here1..n
defined, exists' on any Iertz:,: place or area, or upon any street,
sidewalk, or public right-of-way abutting the same, the Chief
of the Fire Department sheill cause a notice to be issued of
the Fire Department to abate such a nuisance. Such notice
shall be headed "Native to Clean Premises", shall contain a
description of the property in general terms reasonably suf-
ficient to identify the location of the nuisance, shall describe
the nuisance in terms reasonably sufficient to identify the
smae; shall specify the oenaJty D.~ovision as Pf()~!_de~Lhere
herE~~n; . and shal1'ifire.ci-fy- the ~ppeal- proc~ss'- &3- p-rovidEid, -herein.
The native above referenced may be served in the following
ways:
_,_.-..L.._.,. _By personal._!:le:rviq,g QI1: _ the_ owner. of said lot ,pl~ce
. . --- -. '..-c-::35r. a'fe-a'-~ '-Tf:"bwne-T" Tivas '-w{1:1liri' the 'CItY.9f.uMeridian,
and by personal service on the occupant or person
in charge or control of the property, iffsuch
person can be identified; and
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2. If said owner does not live within the eity of
Meridian, by registered mail to the owner, at
the address shown on the last available assesment
role, or as otherwise known; and by personal ser-
vice on the occupant or person in charge or control
of the property, if such person can be identified;
and
:CF)
3. Should the owner not be known or have an available
adc;lress, by_posttng at.. a, conspicuous place on the
land or abutting public right-of-way and insertion
of an advertisement at least once a week for the
period of two weeks in the official newspaper of
the City if Meridian, and by personal service on
the occupant or person on charge or control of
the property, if such person can be identified.
Said newspaper advertisement shall be a general
notice that projierty in the City of Meridian has
been posted in accordance with this Ordinance
aad contain a general statement of the effect of
such postings. The date of such newspaper ad-
vertisements shall not be considered in computing
the appeal periods provided by this ordinance~
Within ten(IO) days from the date of posting, mailing
or personal service of the rewuired notice, the owner
or person occupying or controlling such a lot, place
or area affected may appeal to the City Council of the
City of Meridian. 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 shall proceed to hear and pass upon such appeal,
and the decision of the City COuncil there upon such
appeal and the decision of the City Council there upon
shall be final and conclusive.
(G)
It shalL~be the duty of the owner or person occupying
or controlling any lot, place or area tn rnp ('i hT ('If
Mp.~;dian whi~n nQ~ nppn Hp~'QrPH Q nublic nuisan~p ~Q
provided herein within ten(IO) days from the date of
notification, as provided herein, or in case of an
appeal to the City Council, within ten(lO) days form
the determination thereof, unless the same is sustained,
to remove the nuisance as stated. ;
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(I)
(J)
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ORDINANCE NO.4J4 CONTINUED:
1138
(H)
Upon the failure, neglect or refusal of any owner
or occupant so notified to remove the public nui-
samce as herein defined, within the time specified
in this ordinance, 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 Magistrates Court for actien as
follows,
The owner of any lot, place or area within the City
of Meridian who shall permit or allow the existence
of a public nuisance as defined in this ordinance, u
upon any lmt or premises owned, occupied or controlled
by him, or who shall violate any of the provisions
of this ordinance, shall be guilty of a misdemeanor
and upon conviction therof 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 descretion, may also take civil
action to obtain an order from said Court enjoining
the maitenance of said public nuisance.
Upon direction of the City Council and at the City
Council's discretion, upon the failure, neglect or re-
fusal of any owner or occupant so notified to remove
the public nuisance as herein defined within the time
specified in this ordinance, the Chief of the Fire i)
Department shall notify the City Clerk's office in
writing of the known legal owner and property descrip-
iton 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 assesment against the property.
The provisions of this ordinance are separable and if
any provisions, clause, sentence, subsection, word or
part thereof is held illegal, invalid or unconstitutional
or inapplicable to any person or circumstances, such
as.-illegality, invalidity or unconstitutionality or
inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, subjectiuns.
It is hereby declared to be the legislative intent
that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, clause,
sentence, sub-jection, word or part had not been in-
cluded therein, and if such. person or circumstances
to which the ordinance or part thereof is held in-
applicable had been specifically exempt therefrom.
SECTION WHEREAS, there is an emergancy therefor, which
emergency is declared to exist, this Ordinance shall take
effect and be in force and effect from and after its passage,
approval- and publication as required by law.
PASSED by the City Council and approved by the Mayor of
the City if Meridian, Ada County, Idhao, this/~day o~~~ .J~84
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Grant . King~Or
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City Clerk
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
ORDINANCE NO.
AN ORDINANCE REPEALING TITLE 8, CHAPTER 9, NUISANCES, SECTION
8-903 ENTITLED OFFENSIVE OR NOXIOUS WEEDS, REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, AND RE -ENACTING -
SAID SECTION 8-903, TITLE 8, CHAPTER 9, NUISANCES, TO READ AS SET
FORTH HEREIN AND TO BE EFFECTIVE UPON APPROVAL HEREOF.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho have concluded that it is in the best interest of
the City to repeal Title 8, Chapter 9, Nuisances, Section 8-903,
entitled, Offensive or Noxious Needs, Revised and Compiled
Ordinances of the City of TMieridian, Ada Coun _-,7, and to re-enact
Title 8, Chapter 9, Nuisances, Section 8-903, Offensive or
Noxious Weeds, to read as set forth below and to be effective
upon approval hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE,MAYOR OF THE CITY OF
MERIDIAN, and the CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO,
Section 1. That Title 8, Chapter 9, Section 8-903, Offensive
or Noxious Weeds, is hereby repealed.
Section 2. That the following shall be enacted as Title 8,
Chapter 9, Nuisances, Section 8-903 entitled Offensive or Noxious
Weeds, and shall read as follows:
8-903 OFFENSIVE OR NO:;IOUS WEEDS: No owner of any lot,
place, or area Within the City, or occupant or
person in control of same, shall permit on such lot, place or
area or upon any street, sidewalk or public right-of-way abutting
the same a public nuisance to exist as herein defined and found to
exist by the Fire Chief or his authorized representative.
(A) All weeds, dry grasses, dead shrubs, dead trees, rubbish
or any material growing upon the streets, sidewalks, adjacent
public right-of-way or upon private property within the City
of Meridian, which by reason of size, manner of growth or
location constitute a fire hazard to any building, improve-
ments, crops or other property, and weeds and grasses which,
when dry, will in reasonable probability constitute such a
fire hazard, are hereby declared to be a public nuisance.
(B) Cultivated and useful grasses and pastures shall not be
declared a public nuisance. However, if the Fire Chief, or
his authorized representative, shall determine it necessary
to protect adjacent improved property from fire exposure,
an adequate fire -break may be required.
(C) waste matter as hereinafter defined, which by reason of its
location and character is unsightly and interferes with the
reasonable enjoyment of property by neighbors, or which
would materially hamper or interfere with the prevention or
suppression of fire upon the premises, or the abatement of
a nuisance as defined by this ordinance, is hereby declared
a public nuisance.
(D) Waste matter is defined for the purpose of this ordinance as
unused or discarded matter having no substantial market
value, which is exposed to the elements and is not enclosed
in any structure or otherwise concealed from public view,
and which consists (without limitation or exclusion by
enumeration) of such matter and material as-,
1. Rubble, asphalt, concrete, plaster, tile; and
2. Rubbish, crates, cartons, metal and glass containers.
(E) If it is determined by the Fire Chief or his authorized
representative that a public nuisance, as herein defined,
exists on any lot, place or area, or upon any street,
sidewalk, or public right-of-way abutting the same, the Chief
of the Fire Department 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 provision as provided herein: and shall specify the
appeal process as provided herein.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888.4461
The notice above referenced may be served in the
following ways:
1. By personal service on the owner of said lot, place or
or area, if owner lives within the City of Meridian,
and by personal service on the occupant or person in
charge of control of the property, if such person can
be identified; and
2. If said owner does not live within the City of.
Meridian, by registered mail to the owner, at the
address shown on the last available assessment role,
or as otherwise known and, by personal service on
the occupant or person in charge or control of the
property, if such person can be identified; and
3. Should the owner not be known or have an available add-
ress, by posting at a conspicuous place on the land or
abutting public right-of-way and insertion of an
advertisement at least once a week for the period of
two weeks in the official newspaper of the City of
Meridian, and by personal service on the occupant or
person in charge or control of the property, if such
person can be identified. Said newspaper advertisement
shall be a general notice that property in the City of
Meridian has been posted in accordance with this _
ordinance and contain a general statement of the effect
Of such postings. The date of such newspaper advertise-
ments shall not be considered in computing the appeal
periods provided by this ordinance.
(F) Within ten (10) 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 of Meridian. 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.
(G) It shall be the duty of the owner or person occupying or
controlling any lot, place or area in the City of Meridian
AMBROSE,
FITZGERALD
which has been declared a public nuisance as provided herein
&CROOKSTON
STO
within ten (10 ) days from the date of notification, as pro.-
vided herein, or in
Attorneys and
case of an appeal to the City Council,
within ten (10) days from the determination
Counselors
thereof, unless
the same is sustained, to remove the nuisance as stated.
P.O. Box 427
Meridian, Idaho
83642
Telephone888-4487
(H) Upon the failure, neglect or refusal of any owner or occupant
so notified to remove the public nuisance as herein defined,
within the time specified in this ordinance, 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_ of any lot, place or area within the City of
Meridian who shall permit or allow the existence of a
public nuisance as defined in this ordinance, upon any
lot or premises owned, occupied or controlled by him, or
who shall violate any of the provisions of this ordinance,
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.
(I) Upon direction of the City Council and at the City Council's
discretion, upon the failure, neglect or refusal of any owner
or occupant so notified to remove the public nuisance as
herein defined within the time specified in this ordinance,
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 assess.
men t against the property.
(J) The provisions of this ordinance are separable and if any
provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity
or unconstitutionality or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences
sub -sections. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, clause,
sentence, sub -section, word or part had not been included
therein, and if such person or circumstance to which the
ordinance or part thereof is held inapplicable had been
specifically exempt therefrom.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888.4461
Section WHEREAS, there is an emergency therefor, which
emergency is declared to exist, this Ordinance shall take effect
and be in force and effect from and after its passage, approval
and publication as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this�L�9day of Z
1984.
APPROVED:
ATTEST:
nt P. Kind fb Ma or --
,/City Cler
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8884481