Ordinance - 2004 - 471 - Amend Title 4 Modification To Weed Ordinance - 04/13/2004ORIGINA
SCANNED
Ordinance No. 471
AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY
CODE, TITLE 4, CHAPTER 3, SECTION 1 "DEFINITIONS", SECTION 2
"ACCUMULATION OF WEEDS PROHIBITED", SECTION 7 "OTHER REMEDIES
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 2, Title 52 of the Idaho Code the City of Eagle intends
to clarify its policy regarding the abatement of a public nuisance.
WHEREAS, the Mayor and Council have determined that good cause exists for
amending the Eagle City Code to reflect the revised public nuisance abatement
procedures put forth to benefit the health and welfare of the citizenry of Eagle, Idaho.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1:
4-3-1: DEFINITIONS:
For purposes of this chapter, the following terms shall have the following definitions:
CITY: The city of Eagle, Ada County, Idaho.
CITY ATTORNEY: The duly appointed and acting attorney for the city of Eagle, or his
or her deputy, or special counsel retained by the city of Eagle.
CITY CLERK: The clerk of the city of Eagle.
CITY COUNCIL: The city council of the city of Eagle.
FillY C2,11111:: Th eyrrf rL S451:, Five pfeteotkn dir, ri'at, Ada Ccs nty, Idaho.
PREMISES: Includes any lot, tract, or parcel of property or any place or area within the
city of Eagle, and any street, alley, sidewalk, or public right of way abutting or adjacent
to any such lot, tract, parcel, place, or area.
PUBLIC NUISANCE: A condition or use of premises which allows the growth of weeds,
grasses, bushes or other undesirable plant life to such a size or in such condition as to
interfere with the free and comfortable use of adjacent and neighboring premises and
property.
WEEDS/FIRE HAZARD: An undesirable or uncultivated plant growth that is unkempt,
unsightly, or deleterious to the public. Weeds shall include all grass and unkempt bushes.
A condition or use of premises on which the growth of weeds, dry grasses, dead shrubs,
dead trees, or any other vegetable growth, or matter which, when dry, will in reasonable
probability cause a fire hazard. (Ord. 451, 9-9-2003)
4-3-2: ACCUMULATION OF WEEDS PROHIBITED:
A.—Ne Every owner, occupant, or person in control of any premises shall permit
acctia 2la ' : - : ==: ... .. - : - .. = be required to keep weeds over 6" (six
inches) in height continuously cut down, weeded out, removed, sprayed or destroyed.
K:\COUNCIUDraft Ordinances\PROPOSED WEED ORDINANCE AMENDMENTS.doc
The accumulation of weeds in violation hereof shall constitute a public nuisance.
(Ord. 451, 9-9-2003)
B. ACCUMULATION OF NOXIOUS WEEDS PROHIBITED:
Every owner, occupant, or person in control of any premises shall be responsible to
control noxious weeds on their land and property. Control of noxious weeds must be
for prevention, eradication, containment or restoration of the land to be weed free.
Noxious weeds are those on the noxious weed list of the State of Idaho, I.C. §22-2405
& 22-24-7. Ada County will also be notified of noxious weeds. The growth of these
noxious weeds shall constitute a public nuisance.
4-3-7: OTHER REMEDIES:
A. Upon the failure, neglect, or refusal of any owner, occupant, or person in control
of any premises to remove the nuisance within the time specified in section 4-3-4 of this
chapter, the city clerk or designated alternate shall notify the city attorney in writing of
the violation of this chapter. The city attorney may proceed to prosecute such person or,
in their discretion, bring civil proceedings in a court of competent jurisdiction to enjoin or
abate the nuisance, or proceed with both criminal prosecution and civil action. (Ord. 451,
9-9-2003)
Section 2: EFFECTIVE DATE: This ordinance or summary thereof in compliance with
Idaho Code § 50-901A, shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval and publication.
Adopted by the Eagle City Council, Eagle, Idaho, this /3/11-- day of April, 2004.
CITY OF EAGLE
Ada County, Idaho
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ATTEST:
NancC. Merril
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K:\COUNCIL\Draft Ordinances\PROPOSED WEED ORDINANCE AMENDMENTS.doc
Message rage 1 or 1
Tracy Osborn
From: Tracy Osborn [tosborn@cityofeagle.org]
Sent: Friday, April 16, 2004 11:18 AM
To: Legal Notices(historydoc@uswest.net)
Subject: Ord. 471
Please publish the attached ordinance one time only. If I'm too late to get it in next weeks paper, the
following will be fine.
Tracy E. Osborn
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208-939-6813 ext. 201
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