12-1517 City Code Nuisance, Solid Waste, and Noise Code UpdatesCITY OF MERIDIAN ORDINANCE NO. ~ .
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE ADDING DEFINITIONS OF GRAFFITI AND NUISANCE MATERIALS
TO MERIDIAN CITY CODE; ADDING PROVISIONS TO PROHIBIT AS NUISANCES
GRAFFITI AND NUISANCE MATERIALS; ESTABLISHING ABATEMENT PROCESSES
AND PENALTIES FOR FAILURE TO ABATE NUISANCE WEEDS, GRAFFITI, AND
NUISANCE MATERIALS; ESTABLISHING PENALTIES FOR GENERAL NUISANCES;
CLARIFYING OWNERSHIP OF SOLID WASTE OR RECYCLABLES; CLARIFYING
PUBLIC DISTURBANCE NOISE TIME PERIOD; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all
sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on
private property within the city, and to assess the cost thereof against the property so abated;
WHEREAS, the perpetuation of graffiti constitutes visual pollution and a public nuisance, a
failure to remove graffiti is known to result in additional graffiti, graffiti leads and contributes to
urban blight, encourages gang activity, and decreases property values, business opportunities, and
community pride, and the prompt removal of graffiti from walls, fences, pavement, structures, and
other such improvements, whether public or private property, is necessary to avoid or ameliorate
detrimental impacts on the City and its residents;
WHEREAS, when hazardous materials are dumped or leaked into the roadway or the storm
drain system, such chemicals are discharged, untreated, into natural water bodies, which can affect
human health, increase drinking water treatment costs, create environmental and health hazards for
the community and people of Meridian, and should therefore be designated a nuisance;
WHEREAS, in addressing nuisance weeds and graffiti, the City's primary objective is the
expedited abatement of such nuisance conditions, and the deterrence of ongoing or repeated
incidences of such nuisance conditions through criminal prosecution and penalties is a secondary
enforcement tool;
WHEREAS, in addressing nuisances other than weeds and graffiti, the City's primary
objective is deterring ongoing or repeating incidences of such nuisance conditions through criminal
prosecution and penalties;
WHEREAS, as allowed by the holding in California v. Greenwood, 486 U.S. 35 (1988),
and as may be required for law enforcement and public safety purposes, City personnel are lawfully
authorized to access andlor seize solid waste and recyclable materials placed for collection;
WHEREAS, disturbance noises typically arise at night when the patrol division of the
Meridian Police Department is on duty, rather than during the day when the code enforcement
division of the Meridian Police Department is on duty, and are therefore best addressed by the
police provisions of Meridian City Code, rather than under the nuisance provisions;
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 1 OF 10
WHEREAS, the disturbance noise provisions are herein reworded for improved clarity and
enforceability;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 2, of the Meridian City Code shall be amended as follows:
Chapter 2
NUISANCES
4-2-1: DEFINITIONS:
A. ABATABLE NUISANCES: Enumerated nuisance conditions that may be abated by the Citv in
accordance with the provisions of this chapter, specifically including without limitation, the
following nuisance conditions:
1. Nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped onto the rg ound
on private property;
2. Nuisance weeds;
3. Graffiti; or
4. Snow or ice on a public sidewalk abuttingjoining any privately-owned premises.
5. Personal property on andportion of a public sidewalk, except as specifically allowed by
law or by written permit issued by the City or other governing authority,
B. GENERAL NUISANCES: Nuisance conditions that may lead to criminal charges without anX
prior attempt by the City to obtain abatement thereof specifically including without limitation
nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped onto the ground on public
property, or any other nuisance condition not enumerated in the definition of Abatable Nuisances.
C. GRAFFITI: Any inscription, work, fi ug re symbol drawing marls or design that is marked
etched, scratched, drawn, or painted on any real or personal property or improvement, including, but
not limited to, walls, fences, ag tes, pavement, buildings rocks trees bridges streets sidewalks
and/or signs, whether such property is public, private, temporary, or permanent, without the consent
of the owner of such property or the owner's authorized went, and which inscription, work, figure,
symbol, drawing, marls, or design is visible from any publicly accessible location.
D. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including,
but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
E. JUNK VEHICLE: Any vehicle, or parts thereof, which:
A-1_Cannot be safely operated under its own power;
B-2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn,
muffler, rearview mirrors, windshield wipers, or adequate fenders;
~3. Has been declared salvage, or has been physically damaged to the extent that the cost of
parts and labor minus the salvage value would make it uneconomical to repair or rebuild such
vehicle; or
1~4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition.
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 2 OF 10
F. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the
free passage, comfortable enjoyment, or customary use of public or private property; or creates an
actual or potential safety, health, or fire hazard.
G. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly,
deleterious and/or injurious to the public. This definition shall not include cultivated grasses and
pastures, though such vegetation maybe declared a nuisance where otherwise appropriate.
4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY:
A. Nuisance Prohibited: It shall be unlawful for any owner, occupant, user, or person in charge or
control of any property to create, cause, commit, maintain, or allow the existence of any nuisance
on such property, or upon any street, sidewalk or public right of way abutting such property
including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and
ditches. Further, it shall be unlawful for andperson to create, cause, allow, or commit any nuisance
upon anv public property, right-of--way or infrastructure including sidewalks streets gutters or
storm drains.
B. Prohibited nuisances shall specifically include, but shall not be limited to, the following
conditions and/or matter:
1. The proliferation and/or growth of weeds which:
a. Are over eight inches (8") in height;
b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or
fire hazard to any person, building, improvement, crop, or other real or personal property; or
c. Are designated as noxious weeds by the state of Idaho.
2. Graffiti, on anv surface.
3. Nuisance materials on the ground, whether leaked, drained, seeped, dripped, sprayed, or
dumped, except that this shall not include the incidental leakage of nuisance materials from
registered vehicles lawfully moving_or parked upon a public right-of--way; the lawful application
of pesticides or herbicides for_purposes of controlling~ests or weeds; or activity otherwise
specifically allowed by law or b~written permit issued by the City or other governing authority
4. Snow or ice on andpublic sidewalk abutting or adjoining anv privately-owned premises.
5. Personal property on any portion of a public sidewalk, except as specifically allowed b
or by written permit issued by the City or other governing authority
6 One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or
otherwise concealed from public view pursuant to title 11 of this code, except as to junk
vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or
commercial enterprise.
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NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 3 OF 10
7 ~. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary
condition.
8 ~: Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is
exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary
condition.
9 ~ Discarded matter which has no substantial market value, is exposed to the elements, and is
not enclosed in any structure or otherwise concealed from public view, including, but not
limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap
metal, tires, broken glass, and/or other dilapidated or deteriorating personal property.
10 ~: The accumulation of and/or failure to lawfully dispose of solid waste on any commercial
or residential premises.
11 ~ Any building or structure that is so dilapidated or is in such condition as to menace the
public health or the safety of persons or property on account of increased fire hazard or
otherwise.
C. l~ Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or
uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed
to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance.
Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall
be responsible for payment of any and all costs incurred in abating the nuisance. The owner of
record shall bear the burden of rebutting this presumption.
4-2-3: ABATABLE NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to Abatable Nuisances, as that
term is defined in this chapter.
B. ~ Notice And Order To Abate: If it is determined by a code enforcement officer that an
Abatable Nuisance Knee exists-~~~-an3pe~, the code enforcement officer shall cause a
notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of
such property. Such notice and order shall contain the street address and parcel number of the
property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the
time period for abatement, specify the penalty for noncompliance, and describe the opportunity and
time for appeal. The code enforcement officer shall issue such notice and order to the owner,
occupier, or person in control of the property on which the nuisance exists in one of the following
ways:
1. By personal service upon such owner, occupier, or person in charge or control of the
property; or
2. By regular mail to such owner, occupier, or person in charge or control of the property, at the
address shown on the last available assessment roll, or as otherwise known; or
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 4 OF 10
3. By posting such notice and order at a conspicuous place on the property and publishing one
notice in the official newspaper of the city that the property has been posted in accordance with
this chapter and ordering the owner, occupier, or person in charge or control of the property.
C. ~: Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or
control of any property where any Abatable Nuisance n~t~e exists, to abate such nuisance within
five (5) calendar days from the date of personal service, mailing, or publication, except that the
code enforcement officer may require summary abatement of an Abatable Nuisance a~~e
E~ where such condition presents an imminent or ongoing threat to or impairment of human
health or safety. Abatement of graffiti shall meet the following standards:
1. The removal of such graffiti shall not follow the pattern of the graffiti such that the
inscription, work, fi ug re, symbol, drawing, mark, or design of such graffiti remains
apparent.
2. The removal of such graffiti b~painting over it shall be reasonably similar or identical to the
original color of the surface upon which such graffiti was applied.
3. If the surface is heavily covered with graffiti, the entire surface shall be repainted.
D. Appeal: Within five (5) calendar days from the date of service, mailing, or publication of the
notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the
subject property may appeal to the city council by filing a written appeal with the city cleric, which
appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing
at the next regular meeting of city council. City council shall consider written and oral testimony
from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city
council shall be final. If city council affirms the order, the appellant shall have five (5) calendar
days from the date of such affirmation to abate the nuisance as ordered.
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E.~ Criminal Penalties: ^ r., r°••~^~ ~~~'~° If, following notice of violation and order to abate, any
erson ^°~~~°~, ^'•°°+°~, °r allows the existence of an Abatable Nuisance, such person
shall be guilty of a misdemeanor. Each and every day in which any such violation ~'~~" °^N+;,,,,°
shal-1 continues maybe deemed a separate offense. Upon conviction for a violation of this e-Irapter
section, the city shall request from the criminal court an order of restitution for any and all costs of
abatement and/or other related costs incurred by the city. Peace officers and code enforcement
officers shall have the authority to issue uniform citations to violators of this E~ section.
F.1~ Civil Penalties: In addition to any other penalties described in this c~t~ section, the city may
also take civil action to obtain an order enjoining the ongoing maintenance of such property free
from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or
prosecution including, but not limited to, attorney fees and court costs.
G.~ Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties,
and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 5 OF 10
enforcement officer, after providing notice and hearing as provided herein, may abate or cause the
abatement of any Abatable Nuisance n~ where the owner, occupant, agent or person in
control of property does not comply in all respects with an order to abatez~-rr~ti~c~, the code
enforcement officer may abate or cause the abatement of such nuisance. The owner, occupier,
and/or person in charge or control of the subject property shall be billed, assessed, and/or held
responsible for any and all actual expenses of such work, and any related charges, including fees
and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to
the following procedures:
1. Recovery Of Abatement Costs And Fees: Within thirty (30) days of abatement of the
nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the
subject property, by regular mail, a billing statement requiring payment to city the costs of
abating the nuisance and administrative fee as established by fee schedule.
2. Nonpayment Of Abatement Costs: If full payment is not made to city within fifteen (15) days
of the mailing of the billing statement requiring payment of abatement costs and fees, the city
may:
a. Attempt to recover such amount through the city bill collection procedures; and/or
b. Levy a special assessment against the subject property pursuant to Idaho Code sections
50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice
of the special assessment shall be sent by regular mail to the owner of the subject property,
and shall state the address and parcel number of the subject property, date of abatement
action taken, and state the amount to be assessed, including any applicable administrative
and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the
assessment will be placed on the real property tax rolls and will become a lien against such
property. If payment to the city clerk is not made within thirty (30) days after mailing the
notice of special assessment, the assessment shall be declared delinquent and shall be
certified, including a ten percent (10%) late fee, to the Ada County assessor by the city
clerk, not later than August 1 of each year. Upon such certification, the assessment shall be
placed upon the tax roll and shall thereafter become a lien against the property described in
the notice and shall be collected in the same manner and subject to the same penalties as
other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk
shall file a release of lien with the Ada County assessor.
H.13: Summary Abatement: Nothing contained herein shall prevent a code enforcement officer,
peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of an
Abatable Nuisance ~ ,,,,;~.,.,,.° ,.,.,,a;+;,,r where such condition presents an imminent or ongoing
tlueat to or impairment of human health or safety.
I.lj: Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement
officer shah may notify Ada County of the presence of any noxious weeds.
4-2-4: GENERAL NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to General Nuisances, as that
term is defined in this chapter.
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 6 OF 10
B, Criminal Penalties: Any person who causes, creates, or allows the existence of anv General
Nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall
continue shall be deemed a separate offense. Peace officers and code enforcement officers shall
have the authority to issue uniform citations to violators of this section. Issuance of notice of
violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation
under this section.
C. Civil Penalties: In addition to an other penalties described in this section, the City may also take
civil action to obtain an order mandating the abatement of such General Nuisance and ongoing
maintenance of such property free from nuisance, and/or to recover any and all costs of
enforcement, litigation, and/or prosecution including but not limited to attorney fees and court
costs.
D. Summary abatement: Nothing contained herein shall prevent a code enforcement officer peace
offic_e_r, or fire marshal from requiring, undertalcin~ or causing summary abatement of a General
Nuisance condition where such condition presents an imminent or ongoing threat to or impairment
of human health or safety.
4-2-65: HINDERING AUTHORIZED PERSON:
It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized
city official or employee to enter upon private or public property to enforce the provisions of this
chapter.
Section 2. That Meridian City Code section 4-1-10(H) shall be amended as follows:
H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials placed for
collection shall be owned by, and shall be the responsibility of, the customer until collection.
Upon collection, all solid waste and recyclable materials shall become the property of the
franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate,
gather, collect or salvage materials deposited in wheeled carts or containers except with the
express permission of the owner or occupant or as otherwise allowed by law.
Section 3. That Meridian City Code section 6-3-6 shall be amended as follows:
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
A. Prohibited Acts: Between the hours of eleven o'clock (11:OO~p.m. and six o'clock (6:00, a.m.,
or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of
others, it It is unlawful for any person to cause, or for any person in possession of property to
allow to originate from the such property, sound that is a public disturbance noise. The
following sounds are determined to be public disturbance noises:
1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any hoI•n or siren
attached to a motor vehicle, except as a warning of danger or as specifically permitted or
required by law;
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 7 OF 10
2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds
in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off highway vehicle or internal combustion engine within a residential district,
so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property;
Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public
streets which unreasonably disturb or interfere with the peace, comfort and repose of owners
or possessors of real property;
4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment, or condominium, or from any fixture or
apparatus attached thereto, which unreasonably interfere with the peace, comfort, and repose
of owners or possessors of real property, such as sounds from audio equipment, musical
instruments, band sessions or social gatherings;
Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape
players, radios, and compact disc players, operated at a volume so as to be audible greater
than fifty feet (50') from the vehicle itself;
6. Audio Equipment: Sound from audio equipment or any device that amplifies sound, s~Ie~
tape~adi°°, ° °°+ ~'~~° N'~T~°~•~, operated at a volume so as to be audible
greater than fifty feet (50') from the source an °
~~ or so as to unreasonably disturb or interfere with the peace, comfort and repose of
owners or possessors of real property.
B. Exceptions:
1. Sounds caused by any emergency vehicle or personnel when responding to an emergency
call or acting in time of emergency.
2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly
owned property, park, or facility, provided that such activities has been authorized by the
owner of such property or facility or its agent.
3. Sounds caused by parades, fireworks displays, or any other event for which a permit for that
type of activity is required and has been obtained from the authorized governmental entity
within such hours as may be imposed as a condition for the issuance of said permit.
4. Sounds caused by locomotives or other railroad equipment.
5. Sounds caused by burglar alarms that are not in violation of this code.
6. Sounds caused by safety warning devices required bylaw.
7. Sounds caused by devices or machinery that is part of the use within the confines of the
particular zoning designation that the device is located or pursuant to a conditional use
permit (i.e., drive-through window speakers, car lot PA systems).
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 8 OF 10
8. Sounds emanating from devices used within the common areas of a multi-unit facility whose
use has been approved by the owners or management of the facility. Said use must comply
with any regulations imposed by the owners or management of the facility to be exempt
under this section. This exemption only applies in relation to other units within the same
facility.
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C. D-: Violation, Penalties: ~° °~°+;,,,~+,,
P°~„I+., ., .;,~o,a ; °„+:,.,, , ~ ~ „~+>,;~ ,,,,ate. A violation of this section shall be a
misdemeanor.
Section 4. That Title 8, Section 1, Meridian City Code, is hereby REPEALED.
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 on July 1, 2012.
PASSED by the City Council of the City of Meridian, Idaho, this- day of June, 2012.
~--
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of June, 2012.
APPROVED:
eerd, Mayor
~GD n U~Us
T,r9 TTEST:
~,
City of ~~ ~
~' ~ ~ IDAHO ~
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C' ~ r're~ y
F~TF Q,Pv
q0~ ~6e TP.[M1`'~~
I-lc~lman,~ity Clerk
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 9 OF 10
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 12- 0 ~
AN ORDINANCE ADDING DEFINITIONS OF GRAFFITI AND NUISANCE MATERIALS
TO MERIDIAN CITY CODE; ADDING PROVISIONS TO PROHIBIT AS NUISANCES
GRAFFITI AND NUISANCE MATERIALS; ESTABLISHING ABATEMENT PROCESSES
AND PENALTIES FOR FAILURE TO ABATE NUISANCE WEEDS, GRAFFITI, AND
NUISANCE MATERIALS; ESTABLISHING PENALTIES FOR GENERAL NUISANCES;
CLARIFYING OWNERSHIP OF SOLID WASTE OR RECYCLABLES; CLARIFYING
PUBLIC DISTURBANCE NOISE TIME PERIOD; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
First Reading: ~ !;
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO .
Second Reading: . c e t
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- , (~'
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. 12-~ 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 § 50-901A(3).
DATED this ~' day of , 2012.
`~, - ~,
William. L.M. Nary
City Attorney
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 10 OF 10