Ordinance - 2005 - 520 - Amend Zoning Code - 06/28/2005ORIGINAL
SCANNED
ORDINANCE 520
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 8 "ZONING" BY ADDING CHAPTER 11 "MINIMAL PROPERTY
MAINTENANCE"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the
authority to adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the City of Eagle, Idaho wishes to provide for the safety and welfare of its
citizenry by regulating minimal property maintenance standards within the City limits;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Adding Chapter 11 "Minimal Property
Maintenance" as follows:
8-11-1: PURPOSE: The City, exercising its police powers to preserve the general
welfare of the City, promote economic viability and prevent urban blight hereby establishes
minimal property maintenance standards. Beyond being secured so that a building is not a danger
or an attractive nuisance, all property within the City shall be maintained to the minimal property
maintenance standards as listed below.
8-11-2: DEFINITIONS: For the purpose of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
DAMAGED OR DILAPIDATED BUILDING: Any structure that has suffered significant
damage or deterioration either from age, lack of care, or abandonment or natural or manmade
calamity to the degree that the exterior of the building walls, roof, doors and windows are burnt
out, falling down. or are significantly patched or boarded or are structurally unsound.
UNFINISHED BUILDING: Any structure where construction has commenced but has been
discontinued for a period of six (6) months and/or has not been finished in accordance with the
approved building permit and cannot be certified for occupancy or final building inspection.
8-11-3: MINIMAL PROPERTY MAINTENACE STANDARD: All damaged,
dilapidated or unfinished buildings shall be restored or finished to eliminate the detrimental visual
damage or visual impact of the building(s). A property owner shall take steps to restore or finish
the building(s) per plans approved by the Eagle City Planning and Zoning Department, Eagle
City Planning and Zoning Commission, Eagle City Design Review Board, or Eagle City Council.
No building or premise shall detrimentally impact the surrounding neighborhood due to
dilapidation, deterioration, decay, abandonment or unfinished construction and renders the
enjoyment of the property essentially uncomfortable or inconvenient to the neighborhood.
Page 1 of 3
K. %COUNCIL\Draft OrdmanceslOrd 520 doc
8-11-4: RESTORATION OF A DAMAGED OR DILAPIDATED BUILDING OR
COMPLETION OF AN UNFINISHED BUILDING: Restoration of a damaged or dilapidated
building or completion work on an unfinished building shall begin within six (6) months of the
building becoming damaged or dilapidated or being deemed unfinished by the City. The City may
require that such buildings that are also unoccupied be secured (fenced or boarded up) during the
six (6) month period. This deadline may be extended by the Zoning Administrator upon
submission of documentation of insurance settlement delays or similar complications beyond the
owner's control. Restoration of a damaged or dilapidated building, or completion of an unfinished
building shall be completed within one (1) year from the date that the restoration work or
unfinished construction work is initiated.
8-11-5 : ENFORCEMENT PROCEDURES:
A. If a building is not maintained at a minimal property maintenance standard for six (6)
months or no efforts to restore or finish a building have begun within six (6) months or
completed within one (1) year after restoration or construction work has begun, the City shall
order the owner of the property to attend a prescribed City Council meeting to address the
reason(s) as to why the building has not been restored or completed. If the address of the owner
of said building can be obtained through reasonable efforts, then the owner shall receive notice of
said meeting via certified mail. Otherwise notice shall be sent to the owner of property as it
appears on the last equalized assessment roll of Ada County, or as known to the Eagle City
Planning and Zoning Department. Removal of the damaged, dilapidated or unfinished building
shall be ordered only if the following findings are made:
1. The building meets the definition of a damaged or dilapidated building, or unfinished
building; and
2. The building has existed in a damaged or dilapidated or unfinished state for a period of at
least six (6) months; or
3. The building has not been maintained at the minimal property standards for a period of six
(6) months; and
4. The property owner has previously received written notice that the building is in violation of
the Eagle City Code and must be restored or finished. Or notice has been sent to the owner
of property as it appears on the last equalized assessment roll of Ada County, or as known to
the Eagle City Planning and Zoning Department.
5. The City Council, upon finding that the building is damaged, dilapidated or unfinished, and
that the property owner has not commenced or completed restoration or finished the building
within the time frames as set forth in this Ordinance, then the City may proceed to obtain bids to
restore the building or clear the site of the offending building. The fact that the building is not a
danger or attractive visual nuisance shall not be a defense for failing to restore or finish a
building.
8-11-6: RESTORATION AND DEMOLITION FUND: The City shall establish a
revolving fund to be designated for building restoration and demolition pursuant to this
Ordinance. Payments shall be made out of this fund upon the direction of the City Council to
defray the costs and expenses associated with restoration or demolition of said building.
Page 2 of 3
K\COUNCIL\Draft Ordinances\Ord 520.doc
8-11-7: RECOVERY OF COST OF RESTORATION OR DEMOLITION: The City
Clerk/Treasurer's Department, in coordination with the Planning and Zoning Department, shall
keep an itemized account of the expenses incurred with restoration or demolition of said building.
A certified mailed copy of said assessment shall be sent to the property owner. If the property
owner does not respond within sixty (60) days, then the City may recover costs of the abatement
in a civil action or by filing a certified copy of the assessment with the Ada County Recorder on
or before the first day of August of the year. The description of the parcel(s) reported shall be
those used for the same parcel(s) on the Ada County Assessor's map for the current year. All such
assessments remaining unpaid after thirty (30) days from the date of recording on the assessment
roll shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum or
the current interest rate if higher, from and after said date. All money recovered by payment of
the charge or assessment or from the sale of the property at a foreclosure sale shall be paid to
the City of Eagle, who shall credit the same to the restoration and demolition fund.
Section 4: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this 28th day of June, 2005.
Sharon K. Bergmann, Eagle City
J
lerk
Page 3 of 3
K.ICOUNCIL\Draft Ordinances.Ord 520. doc
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
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Identification:
ORDINANCE 520
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMEND-
ING EAGLE CITY CODE TITLE 8 "ZONING" BY ADDING CHAPTER 11 "MINI-
MAL PROPERrI}Y MAINTENANCE'; PROVIDING A,SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and
operating under the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle
has the authority to adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the City of Eagle, Idaho wishes to provide for the safety and
welfare of its citizenry by regulating minimal property maintenance standards within
the City limits;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Adding Chapter 11 "Minimal
Property Maintenance" as follows:
8-11-1: PURPOSE: The City, exercising its police powers to preserve the
general welfare of the City, promote economic viability and prevent urban blight
hereby establishes minimal property maintenance standards. Beyond being secured
so that a building is not a danger or an attractive nuisance, all property within the
City shall be maintained to the minimal property maintenance standards as listed
below.
8-11-2: DEFINITIONS: For the purpose of this chapter, the followingswords
and phrases shall have the meanings respectively ascribed to them by this section:
DAMAGED OR DILAPIDATED BUILDING: Any structure that has suffered
significant damage or deterioration either from age, lack of care, or abandonment or
natural or manmade calamity to the degree that the exterior of the building walls,
roof, doors and windows are burnt out, falling down, or are significantly patched or
boarded or are structurally unsound.
UNFINISHED BUILDING: Any structure where construction has commenced
but has been discontinued for a period of six (6) months and/or has not been finished
in accordance with the approved building permit and cannot be certified for occu-
pancy or final building inspection.
8-11-3: MINIMAL PROPERTY MAINTENACE STANDARD: All damaged,
dilapidated or unfinished buildings shall be restored or finished to eliminate the
detrimental visual damage or visual impact -of the building(s). A property owner shall
take steps to restore or finish the building(s) per plans approved by the Eagle City
Planning and Zoning Department, Eagle City Planning and Zoning Commission,
Eagle City Design Rbview Board, or Eagle City Council. No building or premise shall
detrimentally impact the surrounding neighborhood due to dilapidation, deteriora-
tion, decay, abandonment or unfinished construction and renders the enjoyment of
the property essentially uncomfortable or inconvenient to the neighborhood.
8-114: RESTORATION OF A DAMAGED OR DILAPIDATED BUILD-
ING OR COMPLETION OF AN UNFINISHED BUILDING: Restoration of a
damaged or dilapidated building or completion work on an unfinished building shall
begin within six (6) months of the building becoming damaged or dilapidated or being
deemed unfinished by the City. The City may require that such buildings that are also
unoccupied be secured (fenced or boarded up) during the six (6) month period. This
deadline may be extended by the Zoning Administrator upon submission of docu-
mentation of insurance settlement delays or similar complications beyond the owner's
control. Restoration of a damaged or dilapidated building, or completion of an
unfinished building shall be completed within one (1) year from the date that the
restoration work or unfinished construction work is initiated.
8-11-5: ENFORCEMENT PROCEDURES:
A. If a building is nor maintained at a minimal property maintenance standard
for six (6) months or no efforts to -restore or finish a building have begun within six
(6) months or completed within one (1) year after restoration or construction work
has begun, the City shall order the owner of the property to attend a prescribed City
Council meeting to address the reason(s) as to why the building has not been restored
or completed. If the address of the owner of said building can be obtained through
reasonable efforts, then the owner shall receive notice of said meeting via certified
RECEIVED &
CITY OF FILED
SC NNED
JUL 2 1 2005
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mason, being duly sworn, deposes
ys: That he is the Principal Clerk of
;, a weekly newspaper published at
;ounty, State of Idaho; that the said
r is in general circulation in the said
Ada, and in the vicinity of Meridian,
:agle, and has been uninterruptedly
3d in said County during a period of
consecutive weeks prior to the first
notice, a copy of which is attached
and that the notice was published in
in conformity with Section 60-108,
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y of �4 • , in the year of 2005
Notary Public,'personally appeared
or identified to me to be the person
subscribed to the within instrument,
first duly sworn, declared that the
u and acknowledged to me that
he executed the same.
I IA/Iry
Notary Public f r Idaho
Residi at qi$e, ID
nmission expires: 5 1 / 1