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