Ordinance - 1988 - 144 - Accumulation Of Weeds Public Nuisance - 11/15/1988ORDINANCE NO. \L -j Li
AN ORDINANCE PROHIBITING THE ACCUMULATION OF WEEDS UPON PREMISES
WITHIN THE CITY; DEFINING TERMS; DECLARING THE ACCUMULATION OF
WEEDS TO BE A PUBLIC NUISANCE; PROVIDING FOR NOTICE AND APPEAL;
DECLARING A VIOLATION OF THIS ORDINANCE TO BE A MISDEMEANOR;
PROVIDING OTHER REMEDIES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: DEFINITIONS
For purposes of this ordinance, the following terms shall
have the following definitions:
"City" means the City of Eagle, Ada County, Idaho.
"City Attorney" means 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" means the Clerk of the City of Eagle.
"City Council" means the City Council of the City of Eagle.
"Fire Chief" means the Chief of the Eagle Fire Protection
District, Ada County, 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.
"Weeds" includes all weeds, dry grasses, dead shrubs, dead
trees, or any other vegetable growth or matter which, when dry,
will in reasonable probability constitute a fire hazard. This
term shall not include cultivated crops, gardens, or pastures.
Section 2: ACCUMULATION OF WEEDS PROHIBITED
No owner, occupant, or person in control of any premises
shall permit the accumulation of weeds upon such premises. The
accumulation of weeds in violation hereof shall constitute a
public nuisance.
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Section 3: NOTICE
If it is determined by the Fire Chief that an unlawful
accumulation of weeds, as defined herein, exists upon any
premises, the Fire Chief shall cause a notice to be issued to
abate the same. Such notice shall be headed "Notice to Clean
Premises," shall contain a description of the premises in general
terms reasonably sufficient to identify the location of the
nuisance, shall describe the nuisance in terms reasonably
sufficient to identify the same; shall direct the abatement of the
nuisance, shall specify the penalty provisions as provided herein;
and shall specify the appeal process as provided herein.
ways:
The above -referenced notice may be served in the following
1. By personal service on the owner of the premises, if the
owner lives within the City, and by personal service on the
occupant or person in charge or control of the premises, if such
person can be identified; or
2. If said owner does not live within the City, by
certified mail to the owner, at the address shown on the last
available assessment roll, or as otherwise known and by personal
service on the occupant or person in charge or control of the
premises, if such person can be identified; or
3. Should the owner not be known or have an available
address, by posting at a conspicuous place on the premises and
inserting an advertisement at least once a week for a period of
two (2) weeks in the official newspaper of the City, and by
personal service on the occupant or person in charge or control of
the premises, if such person can be identified. Said newspaper
advertisement shall be a general notice that property in the City
has been posted in accordance with this section and contain a
general statement of the effect of such postings.
Section 4: ABATEMENT
It shall be the duty of the owner and person occupying or
controlling any premises in the City which has been declared to
exist a public nuisance as provided herein within ten (10) days
from the date of notification, as provided herein, or in case of
an appeal to the City Council, within ten (10) days from the
determination thereof, to remove the nuisance.
Section 5: APPEAL
Within ten (10) days from the date of posting, mailing, or
personal service of the required notice, the owner or person
occupying or controlling such premises may appeal to the City
Council. Such appeal shall be in writing and shall be filed with
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the City Clerk. At the regular meeting or regular adjourned
meeting of the City Council, not less than five (5) days nor more
than thirty (30) days after receipt of the appeal, the City
Council shall proceed to hear and pass upon such appeal, and the
decision of the City Council thereupon shall be final and
conclusive.
Section 6: MISDEMEANOR
Any owner, occupant, or person in control of any premises
within the City who shall fail, neglect, or refuse to remove the
nuisance within the time specified in Section 4 of this ordinance
shall be guilty of a misdemeanor.
Section 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 of this ordinance,
the Fire Chief shall notify the City Attorney in writing of the
violation of this ordinance. The City Attorney may proceed to
prosecute such person or, in his discretion, may bring civil
proceedings in a court of competent jurisdiction to enjoin or
abate the nuisance, or may proceed with both such criminal
prosecution and civil action.
B. In addition to any other remedy herein provided, the
City Council may direct that the public nuisance be removed by the
City and the cost thereof assessed against the premises as a
special assessment in the manner provided by Section 50-1008,
Idaho Code.
Section 8: SEVERABILITY
The provisions of this ordinance are severable, and if any
provision, clause, sentence, or part thereof shall be held to be
invalid for any reason, such partial invalidity shall not be
deemed as affecting any remaining provision, clause, sentence, or
part thereof.
Section 9: EFFECTIVE DATE
This ordinance shall take effect and be in force from and
after its passage, approval, and publication. In lieu of
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publication of the entire ordinance, a summary of this ordinance
may be published in compliance with Section 50-901A, Idaho Code.
DATED this /3 day of
ATTEST:
City Cle
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\e
CITY OF EAGLE
, 1988.
By
Mayor
SUMMARY OF
ORDINANCE NO. 144
AN ORDINANCE PROHIBITING THE ACCUMULATION OF WEEDS UPON PREMISES
WITHIN -THE CITY; DEFINING TERMS; DECLARING THE ACCUMULATION OF
WEEDS TO BE A PUBLIC NUISANCE; PROVIDING FOR NOTICE AND APPEAL;
DECLARING A VIOLATION OF THIS ORDINANCE TO BE A MISDEMEANOR;
PROVIDING OTHER REMEDIES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 144 of
the City of Eagle, adopted by the Eagle City Coulm;i1 o1: November
15, 1938, is as follows:
Section 1: Defines terms used in the ordinance.
Section 2: Prohibits the accumulation of weeds upon any
premises in the City, and declares the accumulation of weeds to be
a public nuisance.
Section 3: Provides for service of notice to clean premises
of accumulation of weeds.
Section 4: Provides that it shall be the duty of the owner
or person occupying or controlling premises on which has been
declared to exist a public nuisance hereunder to abate the same
within ten days of notice.
Section 5: Provides for appeal to City Council.
Section 6: Declares a violation of this ordinance to be a
misdemeanor.
Section 7: Provides other remedies, including civil
proceedings and proceedings for special assessment under Section
50-1008, Idaho Code.
Section 8: Provides for severability.
Section 9: Provides that this ordinance shall take effect
and be in force from and after its passage, approval, and
publication, and provides for publication of summary.
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The full text of Ordinance No. 144 is available at City Hall
and will be provided to any person for inspection upon personal
request during normal office hours.
DATED this 15th day of November, 1988.
ATTEST:
CITY OF EAGLE
Ada County, Idaho
By
G.,„„raen
Mayor
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
attached summary of Ordinance No. 144 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 this 18th day of �ve eer, 1988.
City Attorney
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