510 Noxious Weeds
ORDINANCE NO. 51U
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 ABA'T'ES 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 8, 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
AMBROBE,
FITZG ERALD
&CROOKSTON
Attomaye an0
Gounaelora
P.O. Box 42]
MariEian, ICeho
83842
Telephone 886M81
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, ZDAHO:
SECTION 1. That Chapter 9, Title 8 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:
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
-;r
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:
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys entl
Counselors
P.O. BOX s27
Meritllan, Itle~o
BBB,z
Telapnona BBB-OA81
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
(5300.00>, 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,
FITZG ERAID
&CROOKSTON
Attorneys and
Counselors
P.O. Boa 027
MarlElan, ICaNo
83802
TeleDNOne BBB~M81
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.
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PASSED AND APPROVED this~~day dot'-~ , 1989.
CITY OF MERIDIAN
BY e ~L~~
GRAN P. KINGSFO D, OR
AMBROSE,
FIRGERALD
B CROOKSTON
Attorneys antl
Counaelora
v.o. eox ezT
Manaian, itlano
eawz
raiavnonaeae~eeai