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10-1458 City Code Board of AdjustmentCITY OF MERIDIAN ORDINANCE NO. ~ ~ ' ~~ ~u BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1, SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1, SECTION 17, RELATING TO DISPUTE RESOLUTION, BOARD OF ADJUSTMENT; AMENDING TITLE 9, CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 21, RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO HEARING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the existing Board of Appraisers, as established in Title 9, Chapter 1, Section 17 of the City Code no longer adequately serves the needs of the citizens of Meridian; and WHEREAS, the City Council of the City of Meridian seeks to create an organized and efficient dispute resolution process for handling disputes, objections, or adjustments related to water user accounts, statements and/or permits including, but not limited to, non- payment and shut-off of service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code, regarding water use and service; and WHEREAS, the City Council of the City of Meridian finds that establishing a Board of Adjustment to resolve customer disputes related to water-usage accounts, statements and/or permits will result in improved customer service; and WHEREAS, the City Council of the City of Meridian finds that setting forth the provisions relating to the establishment, duties and powers, membership, qualifications, terms, vacancies, organization, financial regulations, and meetings of the Board of Adjustment to hear such disputes will promote the efficiency and function of said Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 7 of the Meridian City Code shall read as follows: BOARD OF ADJUSTMENT ORDINANCE PAGE 1 OF 12 hapter 7 BOARD OF ADJUSTMENT 2-7-1: ESTABLISHMENT: There is hereby established a Board of Adjustment, for the purpose of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. 2-7-2: DUTIES AND POWERS: A. The Board of Adjustment shall be authorized to: 1. Propose to Cit y Council for approval the rules of procedure for conducting hearings by the Board of Adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water user accounts, statements, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. B. The Board of Adjustment shall not be authorized to accept payment of any monies; the Board shall direct all payments to be made directly to the City Finance Department. Z-7-3: MEMBERSHIP: A. Membership: The Board of Adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the Board of Adjustment shall be appointed by the Mayor and approved by City Council on a vote of a majority of the City Council members, and Board members may, in like manner, be removed. 3. All members of the Board of Adjustment and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Board to properly transact and attend to its business. B. Qualifications: Members of the Board of Adjustment shall include the Director of the Public Works Department or designee; the City Attorney or designee, and at least one (1) citizen of Meridian, but no more than three (3) citizens. BOARD OF ADJUSTMENT ORDINANCE PAGE 2 OF 12 C. Citizen Terms: Citizen members of the Board of Adjustment shall serve three-year terms. Where two or more citizens are initially appointed to the Board of Adjustment, such citizens' respective terms shall initially include one seat with aone-year term; one seat with atwo-year term; and all remaining citizen seats shall be three-year terms. Citizen members wishing to serve additional terms must submit, a letter of .interest to the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-7-4: ORGANIZATION: The Board of Adjustment shall annually elect one member as Chair. The Board may select and elect such other officers as it deems necessary. 2-7-5: MEETINGS: The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and notice by the City Clerk following receipt of a written Request for Hearing as set forth in this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the Board of Adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the Board of Adjustment may be scheduled by the Board as necessary to carry out the business of the Board. 2-7-6: HEARING PROCEDURES: A. An authorized water user may request a hearing before the Board of Adjustment regarding any dispute or objection related to such authorized water user's account, statement, and/or permit including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service by complying in all respects with the procedures set forth in this section. B. The authorized water user requesting a hearing before the Board of Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk. Such Request for Hearing shall include Hearant's name, mailing address, telephone number, a-mail address, and water account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the Board of Adjustment. C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Board of Adjustment, except that a Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the BOARD OF ADJUSTMENT ORDINANCE PAGE 3 OF 12 month shall not be heard until the third Wednesday of the following month. Within two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the Board of Adjustment. E. The Board of Adjustment shall maintain a record of all hearings conducted and actions taken. F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the hearing, which decision shall include the Board of Adjustment's general findings of fact and conclusions of law in support of its decision. The Board shall declare the payment of any money deemed owed to the City due and payable to the City Finance Department immediately or by a date certain, as appropriate. The Board shall also verbally and on the record inform the Hearant of his or her right to appeal the Board's decision to the City Council. G. The Board of Adjustment shall prepare a written decision including its findings of fact and conclusions of law. The Chair shall mail the written decision to Hearant within two (2) working days of the conclusion of the hearing. 2-7-7: RIGHT TO APPEAL: A. A limited right of appeal to the City Council shall be available to a Hearant who receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the Board of Adjustment, the Hearant shall file with the City Clerk: 1. A written Notice of Appeal, including Hearant's name, mailing address, telephone number, a-mail address, and water account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the Board of Adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the Board of Adjustment to be due and payable. BOARD OF ADJUSTMENT ORDINANCE PAGE 4 OF 12 C. Upon timely receipt of a complete Notice of Appeal, the City Clerk shall schedule the appeal for hearing before the City Council within thirty (30) calendar days. The City Clerk shall provide notice of such hearing to the Hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment. City Council shall overturn or modify the decision of the Board of Adjustment only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that Hearant's deposit be forfeited to City or refunded less any adjustments. City Council may order that the payment of any additional money deemed owed to the City be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final. Section 2: That Title 9, Chapter 1, Section 17 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: 9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT: The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be delegated the duty of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code. Section 3. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be amended to read as follows: 9-1-19: MONTHLY RATES: A. User Fees: 1. All owners who r eceive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the city council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. BOARD OF ADJUSTMENT ORDINANCE PAGE 5 OF 12 2. Monthl y fixed cost fees and user fees shall be established by resolution of the city council. 3. Each owne r will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the city council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city. B. Fees For Water Use: 1. The fe es for water use shall be as established by resolution of the city council. 2. I n case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows: a. For all meters installed, the fee shall be set by resolution of the city council the b • .All installed meters shall be property of the city. b. Meter ad Ater and radio read transmitter units fees as established by resolution of the city council. C. Private Fire Service: 1. Available onl y on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the city council. 2. All private fire s ervice lines shall be equipped with sealed gate valve or thermal automatic openings. Private fire se rvice lines shall be used for fire control only. Any other use is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means BOARD OF ADJUSTMENT ORDINANCE PAGE 6 OF 12 of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the city of Meridian. TABLE 3 EQUIVALENT RESIDENTIAL UNITS Classification Apartment ~ ,..__. Bank Bar Barbershop, per chair Car wash (to be computed on an individual basis) Church ~ 2 Club, private ~___ 2 `. ,~ ...v. ~ __ . ~~~_...~.. ~. ___~__ ~ . _.__.. ~......... _ _ . _._..w. Condominium .~..~,____._ _ _. ___ __ .. ~..~ .v..~ ~ . _ .... _ ~ _. ;See Multiple living unit 3 Dentist, per practitioner ~ 1 Department store, per 3,000 square feet 1 Doctor, per practitioner 1 ~ ,_ ........... _____ _...___ .._ ~ ~ _.__......~~ ~ _ Drugstore ._ _.~_ww._. ' 2 .~. ~ ~ ...... _. _ _.w.ww..._-_. __ ~_____~ Dry cleaners ._... __ _ _ _ .._~_ 2 BOARD OF ADJUSTMENT ORDINANCE PAGE 7 OF 12 Duplex Fourplex Garage Grocery store See Multiple living unit j See Multiple living unit ~ 2 See Retail food store Self-service: Up to and including 10 washing machines 4 Each washing machine in excess of 10 0.25 p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..,,,,,,.........,..,,,......,.. .... _, .. _.._. _ .__...._.,,,,,, .,_,,,,.,,,., ...~._ ..w. ..... ,.... .....,...,, Lodge or private club 2 3... ....:............ ............ ........,.. .......... ............. ................. ~ ............. ............ 3. ........... .:...... .. ... ........ ................ Mobile home court or park: Motel, hotel, rooming house, etc.: With cooking facilities: First unit Each additional unit it 0.5 BOARD OF ADJUSTMENT ORDINANCE PAGE 8 OF 12 Without cooking facilities: First unit Each additional unit Multiple living unit: Studio or 1 bedroom 2 bedrooms 3 or more bedrooms 1 1 1 Office building, for each 2,500 square feet of ~ 1 gross floor space or fraction thereof Photo development lab ' 2 Railroad depot 2 ~._.. Restaurant, per customer seating capacity 0.1 2.0 ~_,___.._..v..._. ~_ ~. ~... Retail food store, for each 1,500 square feet of 1 gross floor area or fraction thereof r__ ... ~. __~_..... __ .. . _ __ _.._ ~ ~ _._~ _,._; ___ Retail store, for each 3,000 square feet of gross ~ 1 floor area or fraction thereof t Schools, per each 50 students in average daily 1 attendance or fraction thereof Service station: Full service 4 _~..... _ .~... ~ __.__ ___~.._~__w_.._._ _~.z._. ~ ..._. __ .__ ~~ Gas and restroom service only ~ 2 With car wash (to be computed on an individual ~ - basis) £ 1 ,> _ , ,.......,. rm_w_ ......._. ......... .......~..,,.. .._ Single-family residence 1 Swimming pool: Private, for each 500 square feet of pool water surface area ~1 0.25 . ; _ __ 0.25 l BOARD OF ADJUSTMENT ORDINANCE PAGE 9 OF 12 Public (to be computed on an individual basis) - Tavern 2 ._ ...._ ~ ~........._._..,.~w __w_ . _.. __ ~ ~ _...~. ~ ._... .. Theater 2 i ....: ~~~ _ _._._.. _.__~w.._ ... _...._ ~ Townhouse ~ ? ~._......... . ___._ __ _..~~~ ~. 1 Trailer court or park: First unit Each additional space, long term tenant type Each additional space, short term tenant type Triplex Variety store, for each 3,000 square feet of gross floor area or fraction thereof `; 0.75 0.5 See Multiple living unit E. Pass-Through Charge To User: The United States environmental protection agency has required the state of Idaho to test drinking water and the state of Idaho through the department of environmental quality, has passed the cost of such testing down to local governmental and private water suppliers. The city must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the department of environmental quality amends or retracts this testing charge. Section 4. That Title 9, Chapter 1, Section 21 shall be amended to read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination of Service; Notice: Each month the municipal utility billing department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests apre-termination hearing before the Board of Adjustment. Should the water user not request apre-termination hearing, or if an adverse decision is rendered against the owner after apre-termination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a BOARD OF ADJUSTMENT ORDINANCE PAGE 10 OF 12 turnon charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment 'and shall be certified by the chief financial officer. B. Right to Hearing: The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to apre-termination hearing before the Board of Adjustment in accordance with Title 2, Cha tp er 7bel$ru. If apre-termination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adjustment; aft ~ ' ' ~ ~ ' ~ ~ ~ ~t~" ° ..;~<, .. ..:1 ~1. ~ 'a ~ t~ ~l t 9 F~ ~ 2- ~e~ -C E~ Se E e~k , s~ c~° T fl y:-- i @ &-~2F 6 ~- 1 ~i ~ « ' ~~ T n t ~ i ' i ' i c ~ 6 : - : e 9H u r mg r cE} 7-vvcinEi ~ cr -rcnt zci-i S it s 2. Provided, however the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be alien against the property as provided below. The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment °'n~on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre-termination hearings before the Board of Adjustment a°'~~°~*°a °''°•~° C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city monies. BOARD OF ADJUSTMENT ORDINANCE PAGE 11 OF 12 D. Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the city council. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this Ordinance shall be in full force and effect beginning on October 1, 2010. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ of 010. APPROVED: \\\\\\,\111 u t t ! t!!,,! ~, ATTEST: ~~~` ,~y ~ ~~0~ ''%, .9 •, l l `\` ~ eTFO 2 '' . ~~ ~` ~ SEAL L. Holman, City Clerk ~, ~~, o :~ ~ p . 9~ UsT is~ • .~. ,9 Q, , ' O '~~~!!Ilfi1111111\\\ BOARD OF ADJUSTMENT ORDINANCE PAGE 12 OF 12 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- is ~g PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An ordinance of the City of Meridian providing for a new chapter, Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passa ; publication. M"ayo'r/anc~ City Council By: Jaycee Holman, City Clerk First Reading: ~- aSy~© ~~ Adopted after first reading by suspension Idaho Code § 50-902: YES NO Second Reading: Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- I S ~ 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. 10-~~ 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 DATED this ~~ day of ~ , 2010. L. William. L.M. Nary City Attorney ~ [f . t ~ ~ - s> (c r ~ ~ 4 ` f 0 (- r vpp ~. ~ :S 4 _. ~'~ ~~ ~ qz° ~ ti , % ~L~C C ` _~~~ ~ '~l o i~~~s ~llriwe'd pursuant to BOARD OF ADJUSTMENT ORDINANCE- SUMMARY