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511 Irrigation & Drainage Canal Maintenance~ ~ ,.~ ' • ORDINANCE NO. ~Jp AMBROSE, FITZGERALD dCROOKSTON Attorneys and Counaelora P.O. Box 12T MerlAlan, ItleKo 83812 Tslepftone 88&1181 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN DEALING WITH IRRIGATION AND DRAINAGE CANALS AND DITCHES AND MAINTENANCE THEREOF WHICH CHAPTER SHALL BE ADDED TO TITLE 9, PUBLIC WAYS AND PROPERTY, AND SHALL BE KNOWN AS CHAPTER 9, "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE"; 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 adopt a new Chapter 9, in title 9, Public Ways and Property, to provide for the protection and regulation of water rights and to require maintenance of canals and ditches and name said Chapter of the Revised and Compiled Ordinances of the City of Meridian, "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE". NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That there is hereby adopted a new Chapter 9 under Title 9 of the Revised and Compiled Ordinances of the City of Meridian to be known as "IRRIGATION AND DRAINAGE CANALS AND DITCHES; MAINTENANCE" and shall read as follows: 9-101: INTENT AND PURPOSE: It is hereby found that water and irrigation are a substantial property right within the City limits and that these rights need to be protected and regulated; that it is the intent and purpose of this chapter to regulate the use and maintenance of irrigation and drainage canals and ditches to insure that each property owner, and his AMBROSE, FITZGERALD B CROOKSTON Attorneys Intl Counaelon P.O. Bax 427 Merl8len, Itla~o 83842 Telepftone 8884481 property, receives the full and lawful amount of water and the full amount of head and pressure. 9-102: MAINTENANCE OF CANALS AND DITCHES AND EMBANKMENTS: It is hereby declared to be unlawful for any property owner of land through which an irrigation canal or ditch or a drainage canal or ditch traverses such land to fail to maintain in good order and repair any such canal or ditch that traverses through his property such that said canal or ditch is ready to transport water. Additionally, such owner of the land through which such a canal or ditch traverses shall maintain the embankments thereof in good repair, in order to prevent the water from wasting during the irrigating season, and shall not at any time permit a greater quantity of water to be turned into said ditch or canal than the banks thereof will easily contain or than can be used for beneficial or useful purpose. 9-1U3: MAINTENANCE DEFINED: For purposes of this Chapter "maintenance" shall be defined as sufficient upkeep, repair, cleaning, debris removal, weed removal, break or hole repair, rodent killing, or construction such that a free flow of water is maintained and a downstream user has the water head, amount and pressure that he is legally entitled to. 9-104: FAILURE TO MAINTAIN A NUISANCE: The failure to maintain a canal or ditch as in this chapter required is hereby declared to be nuisance. 9-105 ORDER TO REMOVE NUISANCE: The City Clerk, any member of the Police Department, Fire Department or Building Department, jointly hereafter referred to as-"City Official", may order any nuisance herein in this chapter corrected, abated, or removed after ten (10) days' prior notice of intention to correct, abate or remove the nuisance. 9-106 NOTICE OF ABATEMENT OR REMOVAL: Notice of such order shall be posted upon said land. Copies of said notice shall be served upon owner of the real estate on which the nuisance is located. If the owner i • AMBROSE, FIT2GERALD B CROOKSTON Attorneys ano Couneebra P.O. Set aRT MerlElen, IaehO 83811 TelePeone 88&N81 of the land cannot be found or located the notice posted on the property shall be sufficient. 9-107 CONTENT OF NOTICE: If it is determined by the City Official that a public nuisance, as herein defined, exists on any lot, place or parcel of real property, the City Official shall cause a notice to be issued to correct, abate or remove such nuisance. Such notice shall be headed "Notice to Clean Ditch or Canal", 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 provisions as provided herein; and shall specify the appeal process as provided herein; and shall state that if the City corrects, removes or abates the nuisance the City shall assess the cost thereof against the property with the real property taxes. 9-108 APPEAL: Within ten (10) days from the date of posting, or personal service of the required notice, the owner or person occupying or controlling such lot, place or real property affected may appeal to the City Council of the City. 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. In the event that the nuisance involves flooding, the City may abate, correct, or remove the nuisance regardless of any appeal and may take immediate action without notice to the owner. 9-109 OWNER'S RESPONSIBILITY TO ABATE OR REMOVE: It shall be the duty of the owner or person occupying or controlling any lot, place or real estate in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of ~. AMBROSE, F1T2GERALD ECROOKSTON ABOrneya ana Counaelora P.O. Box a21 Merl Elan, nano a~Bez Telephone 888~aa0t notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to correct, remove or abate the nuisance as stated. 9-110 CITY TO REMOVE IN TFiE EVENT OF OWNER'S FAILURE: Upon the failure, neglect or refusal or any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Official may 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 real property within the City who shall permit or allow the existence of a public nuisance as defined in this Chapter, 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 ($300.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment; 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 and the City shall be awarded its court costs and attorney's fees for prosecuting the action. Regardless of the action by the City Attorney or in addition thereto, 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 Chapter, the City official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. The City Clerk's office shall proceed with the work specified in the •l. 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 as allowed in 50-1008, Idaho Code. The owner of the property shall be notified of the assessment and may pay the same prior to its certification on the tax rolls. 9-111 PENALTY FOR INTERFERENCE: It shall be a misdemeanor for any person to interfere with a city official in correcting, abating or removing a nuisance as provided herein. Upon conviction of such interference the person shall be subject to a minimum fine of $100.00 and a maximum fine of not more than $300.00, or to not more than thirty (30) days in jail or both such fine and imprisonment. Section 2. EFFECTIVE DATE: WHEREAS, there is an emergency 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 la/w.~~-~,' PASSED AND APPROVED THIS ~_day o€~~Irv°-~ , 1989. CITY OF MERIDIAN BY• GRA T P. KINGSFO D AMBR08E, FITZG ERALD B CROOKSTON Attorneys antl Counselor P.O. Boz 12T MerlOlen, ItleKo 03812 TelePKOne 8881181