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Ordinance - 2017 - 784 - Amend Depository; Fee Schedule; Nuisances; Weeds; Refuse Prohibited; City To Cause Cleanup Of Refuse; - 09/26/2017ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 1, CHAPTER 7, SECTION 1 "DEPOSITORY FOR CITY FUNDS", ADDING TITLE 1, CHAPTER 7, SECTION 5 "FEE SCHEDULE FOR CITY FEES", AMENDING TITLE 4, CHAPTER 1, "NUISANCES", REPEALING TITLE 4, CHAPTER 3 "WEEDS", AMENDING TITLE 4, CHAPTER 7, SECTION 5 "REFUSE PROHIBITED", REPEALING TITLE 4, CHAPTER 7, SECTION 5-2, "CITY TO CAUSE CLEANUP OF REFUSE AND CHARGE AGAINST PROPERTY", REPEALING TITLE 4, CHAPTER 7, SECTION 5-3 "PENALTY FOR VIOLATIONS", 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, the Mayor and Council have determined that good cause exists for amending the Eagle City Code to provide for the establishment of a fee schedule for city fees; 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 public nuisances; and WHEREAS, pursuant to Chapter 3, Title 50 of the Idaho Code, the City of Eagle is authorized to enact ordinances to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 1, Chapter 7, Section 1 "Depository For City Funds" be and is hereby amended, in part, to read as follows with underline text to be added and strike -through text to be deleted: 1-7-1: DEPOSITORY FOR CITY FUNDS: A. Designation: The Bank Of The Cascades, Eagle brfanah, First Interstate Bank is hereby designated as the depository for the city. The city treasurer is hereby ordered, required and directed to keep monies belonging to or in the care of the city coming into his/her hands and into the hands of the said city in the above named depository. Section 2: That Title 1, Chapter 7, Section 5 "Fee Schedule For City Fees" is hereby added to read as follows with underline text to be added: 1-7-5: FEE SCHEDULE FOR CITY FEES: Page 1 of 9 K:\COUNCIL\Ordinances\Ord 784 Fees and Nuisances.docx A. Fee Schedule Established: The city council may establish fees for processing applications. licenses. and requests as required by Eagle City Code and for other matters pertaining to the enforcement of the provisions of Easle City Code. Unless a fee is specifically identified and established in Eagle City Code. all city fees may be established by resolution of the city council. Section 3: That Title 4, Chapter 1, "Nuisances" is hereby amended to read as follows with underline text to be added and strike -through text to be deleted: 4-1-1: ! _ e •.: • - _ _ - DEFINITIONS: 4-1-2: .: RESPONSIBLE PARTY: 4-1-3: DEFINITIOABATABLE NUISANCES: PROCEDURES AND PENALTIES: 4-1-4: GENERAL NUISANCES: PROCEDURES AND PENALTIES: 4-1-5: HINDERING AUTHORIZED PERSON: ruiv...n on 1 1 1 of this chapter, the city cauc I rnce"-autherize 3 rulzance and t„ levy a o al ar. t:'rz r. 4 1 3, DE. FINITION: "nuir�.,xceshall ✓: r. person- e thing causing 4-1-1: DEFINITIONS: ox;a' L 3om-a:ranity A. GRAFFITI: Any inscription. work. fieure. symbol. drawing. mark. or desian that is marked, etched. scratched. drawn. or painted on any real or personal property or improvement. including. but not limited to. walls, fences. nates, 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 anent. and which inscription. work. figure. symbol. drawing. mark. or desian is visible from any publicly accessible location. B. JUNK VEHICLE: Any vehicle, or parts thereof, which: Page 2 of 9 K:\COUNCII.\Ordinances\Ord 784 Fees and Nuisances.docx 1. Cannot be safely operated under its own power: 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 Darts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle: or 4. Is otherwise in a wrecked. partially dismantled. inoperative, or dilapidated condition. This definition shall not include iunk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business. industry or commercial enterprise. C. NUISANCE: Anything which unreasonably iniures or offends the health or senses: obstructs the free passage, comfortable eniovment, or customary use of public or private property: or creates an actual or potential safety. health. or fire hazard. Nuisances shall include, but shall not be limited to conditions designated as abatable nuisances and as general nuisances as enumerated in this chapter. 1. ABATEABLE NUISANCE: Nuisance conditions that may be abated by the city in accordance with the provisions of this chapter. specifically including. without limitation. the following nuisance conditions: a. Nuisance weeds. b. Graffiti. on any surface. c. Snow or ice on any public sidewalk abutting or adioining any privately owned premises. d. Vegetation, including trees. that impedes or obstructs a public sidewalk or roadway. 2. GENERAL NUISANCE: Nuisance conditions that may lead to criminal charges without any prior attempt by the city to obtain abatement thereof. specifically including. without limitation. the following nuisance conditions: a. Nuisance materials on the ground. b. Personal property on any portion of a public sidewalk. except as specifically allowed by law or by written permit issued by the city or other governing authority. c. One or more iunk vehicle(s). where such iunk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 8 of this code. d. Stagnant or impure water which causes or creates an offensive. unhealthy, or unsanitary condition. e. 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. f. 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. g. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. Page 3 of 9 K:\COUNCII.\Ordinances\Ord 784 Fees and Nuisances.docx h. Anv 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 due to increased fire hazard or other hazard. i. Anv nuisance condition not otherwise enumerated in this chapter. D. NUISANCE MATERIALS: Hazardous. noxious. dangerous. or offensive materials. including. but not limited to. oil. gasoline. fuel. antifreeze, paint. pesticides. or herbicides. This definition 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 pests or weeds: or activity otherwise specifically allowed by law or by written permit issued by the city or other governing authority. E. NUISANCE WEEDS: Undesirable plant growth, whether living or dead. which: 1. Is over eight inches (8") in height: 2. By reason of size. manner of growth. location. or dryness. constitutes a safety, health. or fire hazard to any person. building. improvement. crop. or other real or personal property: 3. By reason of size. manner of growth. or location. impedes or obstructs a sidewalk or roadway or any portion thereof: or 4. Is designated as a noxious weed by the state of Idaho. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-1-2: RESPONSIBLE PARTY: 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 subiect 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. 4-1-3: ABATABLE NUISANCES: PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to abatable nuisances. B. Abatable Nuisance Unlawful. It shall be unlawful for anv owner. occupant. user, or person in charge or control of anv property to create. cause. commit. maintain. or allow the existence of any abatable nuisance on such propertv, or upon anv 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 any person to create. cause. allow. or commit anv nuisance upon anv public property. right of way. or infrastructure. including sidewalks. streets. gutters. or storm drains. C. Procedure: If it is determined by a peace officer. code enforcement officer. and/or the zoning administrator that an abatable nuisance exists. the peace officer. code enforcement officer. Page 4 of 9 K:\COUNCII,\Ordinances\Ord 784 Fees and Nuisances.docx and/or the zoning administrator 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 opp ortunity and time for appeal. The peace officer, code enforcement officer. and/or the zoning administrator 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 written 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 nronertv. at the address shown on the last available assessment roll. or as otherwise known: or 3. By posting such notice and order at a conspicuous place on the nronertv and publishing one notice in the official newspaper of the city that the nronertv has been posted in accordance with this chapter and ordering the owner. occupier. or person in charge or control of the property. D. 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 exists, to abate such nuisance within five (5) calendar days from the date of personal service. mailing, or publication. except that the peace officer. code enforcement officer. and/or the zoning administrator may require summary abatement of an abatable nuisance 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. figure. symbol. drawing. mark. or design of such graffiti remains apparent. 2. The removal of such graffiti by 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. E. Appeal: 1. Appeal to the Mayor: 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 subiect property may appeal to the mayor by filing a written appeal with the mayor's office. which appeal shall enumerate the grounds for the appeal. A fee shall not be required. The mayor. or his or her designee shall proceed to affirm. withdraw. or modify the order to abate. Within seven (7) calendar days after a written decision has been rendered. the mayor shall provide the appellant with written notice of the action on the request. If an appeal to the city council is not filed within five (5) calendar days from the date of receipt of written notice of the action, the decision shall be final. 2. Appeal to the City Council: Within five (5) calendar days from the date of receipt of the written notice of action on the request by the mayor, the appellant may file with the mayor's office a notice of appeal of the decision to the city council. An appeal fee shall be required as adopted by fee schedule. The city council. after receipt of the appeal. shall proceed to affirm. Page 5 of 9 K:\COUNCIL\Ordinances\Ord 784 Fees and Nuisances.docx 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. F. Criminal Penalties: If. following notice of violation and order to abate. any person allows the existence of an abatable nuisance. such person shall be guilty of a misdemeanor. Each and every day in which any such violation continues may be deemed a separate offense. Upon conviction for a violation of this 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. code enforcement officers. and the zoning administrator shall have the authority to issue uniform citations to violators of this section. G. Civil Penalties: In addition to any other penalties described in this 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. H. Abatement: Administrative Penalties: In addition to. or in lieu of. pursuing criminal and/or civil penalties. and notwithstanding the imposition of any civil or criminal fine. penalty or imprisonment. the peace officer. code enforcement officer. and/or the zoning administrator. after providing notice as provided herein. may abate or cause the abatement of any abatable nuisance where the owner. occupant. agent or person in control of property does not comply in all respects with an order to abate. The owner. occupier. and/or person in charge or control of the subiect 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 reauiring 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 reauiring payment of abatement costs and fees. the city may: a. Attempt to recover such amount through the city bill collection procedures: b. Add the amount due and owing to the municipal abatement account related to the property on which the nuisance was abated and collect such amount in accordance with utility bill collection procedures: and/or c. Levy a special assessment against the subiect 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 subiect property. and shall state the address and parcel number of the subiect 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 Page 6 of 9 K:\COUNCIL\Ordinances\Ord 784 Fees and Nuisances.docx city clerk is not made within thirty (301 days after mailing the notice of special assessment. the assessment shall be declared delinquent and shall be certified, including a ten percent (10%1 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 subiect 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. I. Summary Abatement: Nothing contained herein shall prevent a peace officer. code enforcement officer. or the zoning administrator from reauiring. undertaking. or causing summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. J. Noxious Weeds: In addition to other remedies set forth in this chapter. a peace officer, code enforcement officer. and/or the zoning administrator may notify Ada County of the presence of any noxious weeds. 4-1-4: GENERAL NUISANCES: PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to general nuisances. B. General Nuisance Unlawful. 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 general 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 any person to create. cause. allow, or commit any nuisance upon any public property. right of way. or infrastructure. including sidewalks. streets. gutters. or storm drains. C. Criminal Penalties: Any person who causes. creates. or allows the existence of any 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. code enforcement officers. and the zoning administrator 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. D. Civil Penalties: In addition to any 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. E. Summary Abatement: Nothing contained herein shall prevent a peace officer. code enforcement officer. and/or the zoning administrator from reauiring. undertaking, or causing Page 7 of 9 K:\COUNCIL\Ordinances\Ord 784 Fees and Nuisances docx summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-1-5: 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 chanter. Section 4: That Title 4, Chapter 3, "Weeds" is hereby repealed in its entirety. Section 5: That Title 4, Chapter 7, Section 5 "Refuse Prohibited" is hereby amended to read as follows with underline text to be added: 4-7-5: REFUSE PROHIBITED: The accumulation of refuse in violation of this title is prohibited and shall constitute a nuisance. Section 6: That Title 4, Chapter 7, Section 5-2 "City to Cause Cleanup of Refuse and Charge Against Property" is hereby repealed in its entirety. Section 7: That Title 4, Chapter 7, Section 5-3 "Penalty for Violations" is hereby repealed in its entirety. Section 8: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 9: 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. Page 8 of 9 K:\COUNCIL\Ordinances\Ord 784 Fees and Nuisances.docx Approved and adopted this 26th day of September, 2017. CITY OF EAGLE Ada County, Idaho STAN RIDGEWA MAYOR ATTEST: SHAR N K. BERGMANN CITY CLERK Page 9 of 9 K •.COUNCfl ..Ordinances%•Ord 784 Fees and Nuisances docx Idaho Statesman Thy N•.aaaa•r et tho 1t•uaro VsHay I DANOS MAN -CDM PO Box 40, Boise, ID 83707-0040 LEGAL PROOF OF PUBLICATION Account # Ad Number 283905 0003313588 Attention: TRACY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 LEGAL NOTICE SUMMARY OF ORDINANCE NO. 784 i Identification a� LEGAL ifTSTF- ':©RbINAI�E f f ,–ayt (Jet 12 2011 File. a-- ---Ltoute - AN ORDINANCE OF THE CITY OF EAGLE ADA COUNTY IDAHO, CITYNFUNDSTITLE ADDINGHTILE 7, SECTION 7 "DEPOSITORY 5Y FOR SCHEDULE FOR CITY FEES", AMENDING TITLE 4 CHAPTER 1, "NUI- SANCES", REPEALING TITLE 4, CHAPTER 3'WEE'DS", AMENDING TI- TLE 4, CHAPTER 7, SECTION 5 "REFUSE PROHIBITED" REPEALING TITLE 4, CHAPTER 7, SECTION 5-2, "CITY TO CAUSE CLEANUP OF REFUSE AND CHARGE AGAINST PROPERTY", REPEALING TITLE 4, CHAPTER 7, SECTION 5-3 PENALTY FOR VIOLATIONS" PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 784 of the City of Eagle, Ada County, Idaho, adopted on 2017, is as follows: Section 1: Amends Title 1, Chapter 7, Section 1 of the Eagle City Code establishing First Interstate Bank as the designated depository of the city. Section 2: Amends Title 1, Chapter 7, Section 5 of the Eagle City Code establishing a fee schedule for enforcement of provisions of Eagle City Code. Section 3: Amends Title 4, Chapter 1, amending the abatement and enforcement processes of nuisances, adding Definitions, creat- ing Abatable Nuisances, and General Nuisances, providing civil, crim- inal and administrative processes for enforcement, making it unlaw- ful for an individual to hinder a city official or employee from enforc- ing this chapter. Section4: Repeals Title 4, Chapter 3, "Weeds" in its entirety. Section 5: Amends Title 4, Chapter 7, Section 5 of the Eagle City Code declaring the accumulation of refuse in violation of Title 4 and is prohibited. Section 6: Repeals Title 4, Chapter 7, Section 5-2 "City to Cause Cleanup of Refuse and Charge Against Property" in its entirety. Section 7: Repeals Title 4, Chapter 7, Section 5-3 "Penalty for Vio- lations" in its entirety. Section 8: Provides a severability clause. Section 9: Instructs the City Clerk to forward the Ordinance to the codifier. Section 10: States that Ordinance No. shall take effect and be in force from and after its passage, approval, and publication as re- quired by law. Provides that a summary of Ordinance No. 784 may be published in lieu of the entire ordinance in compliance with Sec- tion 50-901A, Idaho Code. The full text of Ordinance No- 784 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED as of the September 28, 2017. CITY OF EAGLE Ada County Idaho By: Stan Ridgeway, Mayor ATTEST: By: Sharon K. Bergmann, City Clerk [SEAL] CERTIFICATION OF CITY ATTORNEY I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 784 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the con- tents of said Ordinance. DATED as of the 28 day of September, 2017. By: Cherese D. McLain, City Attorney Pub. Oct. 3, 2017 0003313568-01 PO I Amount Cola Lines Ord 784 $143.24 2 79 JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for. 1 Insertions Beginning issue of: 10/03/2017 Ending issue of: 10/03/2017 STATE OF IDAHO ) .SS COUNTY OF ADA ) On this 4th day of October in the year of 2017 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly swom, declared that the statements therein are true, and acknowledged to me that she executed the same. i,Glllt _ h� Notary Public FOR Idaho Residing at: Boise, Idaho My Commission expires: O8 SUMMARY OF ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 1, CHAPTER 7, SECTION 1 "DEPOSITORY FOR CITY FUNDS", ADDING TITLE 1, CHAPTER 7, SECTION 5 "FEE SCHEDULE FOR CITY FEES", AMENDING TITLE 4, CHAPTER 1, "NUISANCES", REPEALING TITLE 4, CHAPTER 3 "WEEDS", AMENDING TITLE 4, CHAPTER 7, SECTION 5 "REFUSE PROHIBITED", REPEALING TITLE 4, CHAPTER 7, SECTION 5-2, "CITY TO CAUSE CLEANUP OF REFUSE AND CHARGE AGAINST PROPERTY", REPEALING TITLE 4, CHAPTER 7, SECTION 5-3 "PENALTY FOR VIOLATIONS", PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal rovisions of Ordinance No. 784 of the City of Eagle, Ada County, Idaho, adopted o , 2017, is as follows: Section 1: Amends Title 1, Chapter 7, Section 1 of the Eagle City Code establishing First Interstate Bank as the designated depository of the city. Section 2: Amends Title 1, Chapter 7, Section 5 of the Eagle City Code establishing a fee schedule for enforcement of provisions of Eagle City Code. Section 3: Amends Title 4, Chapter 1, amending the abatement and enforcement processes of nuisances, adding Definitions, creating Abatable Nuisances, and General Nuisances, providing civil, criminal, and administrative processes for enforcement, making it unlawful for an individual to hinder a city official or employee from enforcing this chapter. Section 4: Repeals Title 4, Chapter 3, "Weeds" in its entirety. Section 5: Amends Title 4, Chapter 7, Section 5 of the Eagle City Code declaring the accumulation of refuse in violation of Title 4 and is prohibited. Section 6: Repeals Title 4, Chapter 7, Section 5-2 "City to Cause Cleanup of Refuse and Charge Against Property" in its entirety. Section 7: Repeals Title 4, Chapter 7, Section 5-3 "Penalty for Violations" in its entirety. Section 8: Provides a severability clause. Section 9: Instructs the City Clerk to forward the Ordinance to the codifier. Section 10: States that Ordinance No.784 shall take effect and be in force from and after its passage, approval, and publication as required by law. Provides that a summary of Ordinance No. 784 may be published in lieu of the entire ordinance in compliance with Section 50-901A, Idaho Code. The full text of Ordinance No. 784 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED as of the _ day of September 28, 2017. SUMMARY ORDINANCE NO. - PAGE 1 OF 3 CITY OF EAGLE Ada County, Idaho rC('' 1 • By: Stan Ridgeway, Mre40 a ATTEST: By: Sharon K. Bergmann, City Clerk `,Q-QORA?,, •• O *S St XL i grEOF10011 CERTIFICATION OF CITY ATTORNEY I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 784 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED as of the 28 day of September, 2017. By: Cherese D. McLain, City A SUMMARY ORDINANCE NO. — PAGE 2 OF 3