13-1553 City Code Amending Code 2-7-6 - Board of Adjustment/ X55 3
CITY OF MERIDIAN ORDINANCE NO. r~
CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA
BY THE
E OF THE CITY OF MERIDIAN AMENDING TITLE 2, BOARDS AND
AN ORDINANC
NS CHAPTER 7 BOARD OF ADJUSTMENT, OF THE MERIDIAN CITY
COMMISSIO
TION 6 HEARING PROCEDURES, FOR THE PURPOSE OF AMENDING
CODE, SEC ,
- - • ADD A NEW THIRTY (30) DAY FILING DEADLINE TO SUBMIT A
2 7 6.B TO
T FOR HEARING BEFORE THE BOARD OF ADJUSTMENT FROM THE
REQUES
NOTICE OF AN ADMINISTRATIVE DENIAL OF A REQUEST FOR BILLING
DATED
STMENT• AND AMENDING 2-7-6:C TO ADD THAT THE CITY CLERK HAS
ADJU ,
AUTHORITY TO SCHEDULE A HEARING ON AN ALTERNATIVE DATE FROM
THE REGULAR SCHEDULED HEARING DATE AND TIME FOR BOARD OF
ADJUSTMENT PROVIDED THE HEARING IS SCHEDULED NOT LATER THAN
TWENTY-EIGHT 28 DAYS FROM THE NEXT REGULARLY SCHEDULED
()
MEETING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the Cit Council of the City of Meridian, believes it is in the interest of City
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water and sewer customers that the City's administrative process for resolving water and sewer
billing disputes operates in an efficient and timely manner; and
WHEREAS, the City Council of the City of Meridian, believes that adding a new thirty
30 da filin deadline to request a hearing before the Board of Adjustment to appeal an
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administrative denial of a request for adjustment will improve the efficient and timely processing
of water and sewer billing disputes; and
WHEREAS, the City Council believes that by also allowing the City Clerk greater
flexibilit in scheduling hearings before the Board of Adjustment that disputes related to sewer
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user accounts as well as water user accounts will be resolved in a more timely fashion;
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, Section 6, of the Meridian City Code is amended to
read as follows:
2-7-6: HEARING PROCEDURES:
A. An authorized water andlor sewer user may request a hearing before the Board of Adjustment
re arding any dispute, appeal, or objection related to such authorized water andlor sewer
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user's account, statement, andlor permit including, but not limited to, non-payment and shut-
off of water service re-termination hearing), assessment fees, connection fees, wastewater
dischar e ermits, monthly user charges or other fees established by Title 9 of the City Code
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ORDINANCE AMENDING MERIDIAN Cin CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 1 of 3
' ruse and service b complying in all respects with the procedures
regarding water and sewe Y
set forth in this section.
' ater and/or sewer user re uesting a hearing before the Board of Adjustment
B. The authorized w q .
' t" shall submit a written Request for Hearing to the City Clerk within
(hereinafter Hearan )
' rom the dated notification of administrative denial of a Re uest for
thirt 30 da s f . .
' uch Re uest for Hearin shall include Hearant's name, mailing address,
Ad ustment. S q g
hone number e-mail address, and water or sewer account number and address; names
telep ~ he
t information of other interested or involved parties; and a description of t
and contac
matter s to be brought before and considered by the Board of Adjustment.
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recei t of a time/ and com lete Request for Hearing, the City Clerk shall schedule the
C. Upon p~ p .
er for hearin at the next meetin of the Board of Adjustment, except that a Request for
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earin that is received after 3:00 .m. on the second Wednesday of the month shall not be
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heard until the third Wednesday of the following month. The City Clerk has authority to
schedule the matter for hearin at an alternative time rovided the hearin is scheduled not
later than thirt 30 da s from the next re ularl scheduled meetin .Within two (2) working
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da s of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant an to
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all known interested or involved parties in addition to the general notice provisions of Idaho
open meeting aws.
D. On the date and time dul noticed for hearing, the Board of Adjustment shall conduct a fair
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and im artial hearin on the matter brought by Hearant. Hearant shall be afforded the
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0 ortunit to confront witnesses, to present credible evidence, to personally appear and be
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re resented and/or accompanied by an advisor or other legal representative, to be judged on
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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.
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F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the
hearin which decision shall include the Board of Adjustment s general findings of fact and
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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
immediate/ orb a date certain, as appropriate. The Board shall also verbally and on the
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record inform the Hearant of his or her right to appeal the Board s decision to the City
Counci .
G. The Board of Adjustment shall prepare a written decision including its findings of fact and
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conclusions of law. The Chair shall mail the written decision to Hearant within two (2)
working days of the conclusion of the hearing.
Se tion 2. That this Ordinance shall be in full force and effect beginning on the ~ day of
,~t , 2013.
ORDINANCE AMENDING MERIDIAN CITY CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 2 OF 3
he Ci Council of the Ci of Meridian, Idaho, this day of April,
PASSED by t ty t3'
2013.
• • • ~ of A ril 2013.
APPROVED b the Mayor of the City of Meridian, Idaho, this day p ,
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APPROVED:
/ `,
Tammy d erd, Mayor
ATTEST: ~~~~~ ~~~~~{,SQ
ti~ ~~
~ity~ c~
,,~ ~,1-~ I~IA.N~.r,
cee olman, City Clerk ~ ~ ~ A ~ 4
~~~ SEAL ~ti
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°~~He 7Rc~c~~
ORDINANCE AMENDING MERIDIAN CITY CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 3 of 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.13- ~.~~ ~
An Ordinance of the City of Meridian amending Title 2, Boards and Commissions,
Cha ter 7 Board of Adjustment of the Meridian City Code, Section 6, Hearing Procedures,
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for the Pu ose of Amendin 2-7-6:B to add a new thirty (30) day filing deadline to submit
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a Re uest for Hearin before the Board of Adjustment from the dated notice of an
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Administrative Denial of a Re uest for Billing Adjustment, and Amending 2-7-6.C to add
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that the Cit Clerk has authority to schedule a hearing on an alternative date from the
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re ular scheduled hearin date and time for Board of Adjustment, provided the hearing is
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scheduled not later than twenty-eight (28) days from the next regularly scheduled meeting;
and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Broadwa Avenue, Meridian, Idaho. This ordinance shall become effective upon
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the passage and publication. ~~,~~~p ~ r,~~
~~ s~1
AGO ~~,
cx~ ~~~
^ p ~~~, RI~IAN
i of M ri is ~'~ SEAL
Ma ran C ty Council ~~~~ ~~~~
B : Ja cee .Holman, City Clerk ~~fthe r~~~,u4~
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First Reading: ~ ~ ~i3- I
Ado ted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
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50-902: YES .~ NO
Second Reading: -'"
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 13- 15S 3
The undersi ned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
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hereb certifies that he is the legal advisor of the City and has reviewed a copy of the
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attached Ordinance No. l3- 15 ~ ~ 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).
' ~ of A ril 2013.
DATED this day p ,
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AMENDMENT TO MERIDIAN CITY CODE TITLE 2, BOARDS AND COMMISSIONS,
CHAPTER 7, BOARD OF ADJUSTMENT