WE WANT TO HEAR YOU!
Below is a DRAFT of a propsed ordinance by the Citizen Advisory Committee. The committee has worked very hard on this ordinance over the last three months.
They would like your written comment!
Written comments can be submitted:
New Meadows City Hall during office hours;
Dropped in the drop box at the front of City Hall;
Mailed to PO Box 324, New Meadows ID 83654;
All Written Comments will become public record and included in the decision making process. PLEASE SUBMIT ALL WRITTEN COMMENTS BY JUNE 28!
So tell us what you like about this DRAFT Ordinance or even what you do not like about it. Tell us how it can be made better. Give us some feedback!
ORDINANCE NO. DRAFT CAC Ordinance-2018
CITY OF NEW MEADOWS PUBLIC NUISANCE ORDINANCE
AN ORDINANCE ESTABLISHING CLEAN-UP IN THE CITY OF NEW MEADOWS, IDAHO; PROVIDING FOR TITLE; IDENTIFYING AUTHORIITY AND PURPOSE; CREATING CERTAIN DEFINITIONS; DECLARING PUBLIC NUISANCE UNLAWFUL; PROVIDING FOR ABATEMENT PROCEDURE; DEFINING PENALTIES; DECLARING INTERFERENCE WITH AUTHORIZED PERSON UNLAWFUL; REPEALING CONFLICTING ORDINANCE NO. 351-2018; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NEW MEADOWS, IDAHO:
Section 1. TITLE:
This ordinance shall be referred to as the City of New Meadows Public Nuisance Ordinance.
Section 2. Authority and Purpose:
This ordinance is enacted pursuant to authority conferred by article 12, section 2, Idaho constitution, and Idaho Code sections 31-714, 31-801, and 31-828. Its purpose is to provide for, and further, the health and/or safety of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards including those caused by rodent infestation, and other problems which may have a harmful effect upon the health and/or safety of the public.
Section 3. DEFINITIONS:
As used in this ordinance, the following definitions shall apply:
PUBLIC NUISANCE: As defined by Idaho Code, Title 52, Article 1, a public nuisance is a condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to the health, safety, or welfare of the neighborhood, community, or members of the public, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public, including by way of example the following:
- A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.
- A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin and/or insects, or which creates any other type of health hazard to members of the public.
- A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap lumber or wood, waste petroleum products, scrap or waste paper, trash, garbage, junk, boxes, recyclable materials or debris of any type.
- A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap, abandoned, discarded, or unused objects such as furniture, appliances, cans, containers, tires, tools, or mechanical parts.
- A condition or use of premises or property which allows the open storage, deposit, or scattering of dismantled or partially dismantled, wrecked, junked, scrapped, discarded and inoperable motor vehicles or parts thereof or trailers that are not roadworthy provided, however, that no public nuisance shall exist under this subsection unless three (3) or more motor vehicles or parts thereof not in operating condition remain standing on the property for more than ten (10) calendar days.
- A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees, or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a fire hazard because of their dried and unkept condition, or a traffic or safety hazard because they obstruct sight, applying the measurements and standards contained in Idaho Code section 49-221, at intersections or other points at which driveways, lanes, or highways come together.
- A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such a condition as to interfere with the free and comfortable use of adjacent and neighboring premises and properties.
WEEDS: Undesirable or objectionable and non-useful plant growth but shall not include noxious weeds as defined by Idaho Code, Section 22-2402(15).
Exceptions: This Ordinance shall not apply to:
- Property which is completely enclosed within a building or privacy fence which has been approved by the City, in a lawful manner, where not visible from the street or other public or private property.
- Any person who seeks an exception to this Ordinance shall be required to come before the City Council for any consideration (I.E. salvage permit)
Section 4. Public nuisance unlawful:
- It is unlawful for any person to create, cause, maintain or knowingly allow to exist for more than ten (10) calendar days a public nuisance on any premises or real property which the person owns, rents, leases, occupies, manages or of which the person has charge or possession.
- The application and enforcement of this article shall not contravene Title 22, Chapter 45 of the Idaho Code in that no public nuisance shall exist under this article if the use or condition of the property exists pursuant to an agricultural operation in accordance with generally recognized agricultural practices.
Section 5. Abatement Procedure:
- The Adams County sheriff, Mayor of New Meadows or designated code enforcement officer, shall be responsible for the administration and enforcement of the provisions of this ordinance.
- When a public nuisance is suspected within the city limits of New Meadows:
- A written notice of the existence of a public nuisance shall be served upon the owner, and the
occupant or person in charge of the premises or property, if known. The written notice may be personally served or sent by certified mail. If written notice cannot be served personally or by mail,
the notice shall be posted by being affixed to the building, prominent fixture or other place on the premises or property so conspicuous that any person occupying, possessing, or using the premises
or property would be reasonably expected to see it.
The written notice shall:
- describe the nuisance;
- advise that the nuisance must be abated within thirty (30) calendar days from the date of the notice;
- advise that either civil or criminal proceedings may be initiated if the nuisance is not abated;
- advise that costs of court proceedings may be assessed; and
- advise that the nuisance may be summarily abated by the city and that the cost of abatement may be assessed to the owner.
- The owner and/or occupant may appeal the notice within 10 calendar days. Such appeal shall be in writing and delivered to the City of New Meadows either in person or sent by Certified Mail.
- If the nuisance has not been abated and/or appealed within the time provided in the notice, a uniform citation may be issued by a law/code enforcement officer, and/or the county prosecutor may initiate civil proceedings to seek an injunction requiring the abatement of the nuisance.
- The city may at the order of the court, undertake the removal, cleanup, disposal, and/or dissipation of refuse, materials and conditions constituting a public nuisance as often as necessary on property not in compliance with this article. The expense of such work shall be billed to and paid by the property owner and if not paid within thirty (30) calendar days, assessed against the property involved as general taxes and collectible as other state, county and municipal taxes.
- A written notice of the existence of a public nuisance shall be served upon the owner, and the occupant or person in charge of the premises or property, if known. The written notice may be personally served or sent by certified mail. If written notice cannot be served personally or by mail, the notice shall be posted by being affixed to the building, prominent fixture or other place on the premises or property so conspicuous that any person occupying, possessing, or using the premises or property would be reasonably expected to see it.
Section 6. Penalties:
A violation of this Ordinance is a misdemeanor and may be punishable by a fine of up to two thousand dollars, up to six months in jail and up to ten hours of community service within the New Meadows City Limits, at the Adams County Transfer Site or Adams County Recycling Center.
- Warning: Before citing a person with this misdemeanor, that person must be notified in writing of the existence of the alleged nuisance at least thirty days in advance of the issuance of the citation and given the opportunity to abate the nuisance during that thirty-day period. Certified mailing of the notice to the address of the violator as listed with the Adams County Assessor’s Office, Idaho Department of Transportation and/or to the address of where the nuisance occurs shall be deemed sufficient notice for the purposes of this section. This provision does not apply if the person has been previously cited with a violation of this code section within the preceding year.
- Costs of Prosecution: In addition to any fines and costs, the court shall impose the costs of prosecution and investigation notwithstanding the defendant’s present ability to pay.
- Costs of Abatement: In addition to any fines and costs, the court shall impose all costs of cleanup and abatement of the
nuisance incurred by the City of New Meadows.
- Costs Of Abatement: If the city also takes action to abate the nuisance by order of the court, the court shall permit payment to the city of the cost as a condition of any probation granted in a criminal proceeding.
- The owner of the nuisance shall provide written notice to the City of New Meadows with date stamped photos that the nuisance has been abated. Such notice shall be delivered in person or by Certified Mail
Section 7. Interference with Authorized Person:
- It shall be unlawful and shall be a misdemeanor punishable as provided in Idaho Code Section 18-113, to interfere with the sheriff, code enforcement officer, or any law enforcement officer in the performance of duties connected with enforcement of this article. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this article or impediment or harassment of the authorized person in the performance of their duties under this ordinance.
Section 8. REPEALING OF CONFLICTING ORDINANCES:
City of New Meadows Ordinance Number 351-2018 passed and approved by the Mayor and Council of the City of New Meadows on the 30th day of April 2018, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 9. SEVERABILITY:
If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 10. EFFECTIVE DATE:
This Ordinance shall be in full force and effect from and after its passage, approval and publication.