Ordinance - 2003 - 451 - Amending Title 4/Weed Abatement - 09/09/2003ORDINANCE NO. 451
ORIGINAL
AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY
CODE, TITLE 4, CHAPTER 3, SECTION 1 "DEFINITIONS", SECTION 3 "NOTICE",
SECTION 5 "APPEAL", AND SECTION 6 "ENFORCEMENT", AND REPEALING
TITLE 4, CHAPTER 3, SECTION 7 OF THE EAGLE CITY CODE; AND ADDING
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.
FIRE CHIEF: 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/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. , :. .. - •, : e gkrub&, d ,
:. v. trap .. •mykle-p lity-
eenstitute-a-fife-hazard.
rd. Thi
(Ord. 111, 11 15 1958)
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.
4-3-2: 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. (Ord. 144, 11-15-1988)
which the nuisance exists. Failure to pav for expenses incurrea by the City to
eliminate the nuisance within thirty (30) days shall result in a lien upon the subiect
property as allowed in Idaho State Code § 67-6527.
B. Ten days after the initial deadline for removal of public nuisance. a fine of twenty -
five dollars ($25.00) per day shall be imposed on the property owner and shall
continue for 10 days or until the public nuisance is eliminate. whichever comes first.
Failure to brine the property into conformance after this 10 day period will result in a
misdemeanor.
C. A violation of anv of the provisions of this Chapter shall be oupant, ef-
pCCrOi in3
guilty of a misdemeanor. (Ord. 144, 11-15-1988)
t zkrall1!a
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 fire chief 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.
B. In a: - - .. ail :rrr�'ccs t
the p'±2k :r
pr-emiSza au a arscie.&ssmc:.t in the
(Ord. 144, 11 15 1988)
Section 2: E141.ECTIVE 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 9/44- day of September, 2003.
CITY OF EAGLE
da County, Idaho
By:
A 1.1'EST:
k
Sharon K. Moore,
City Clerk/Treasurer
Nancy
I4ayor
roll,
4-3-3: NOTICE:
The City shall issue to the owner. occupant or person in control of anv premises a
"Notice to Clean Premises". The written notice shall describe the nuisance. advise that
the nuisance must be abated within ten (10) days from the date of notice. advise that civil
proceedings and/or criminal proceedings may be initiated in the nuisance abatement may
not be assessed against the owner. - .. - hit a ualawful-
aecu ulati
c Vane. fisc
Clea., Prem ern, &L.11
a t�� rI,zcanei Yi teRI-rl�
previded-herein
3 ama-ce, shall
' ch psrvcr. oan l -,a identified; or
C. Eh
c prep-rrA4c w4
d rrl to-the-eww✓, at the-
n.—rA✓;-
,rtrel ,
'clam address-peVer.-rg at a-
arca
atior -:dcentain-a- general ztaatcmcnt of
02d. 111, 11 15 198 8)
4-3-4: 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.
(Ord. 144, 11-15-1988)
4-3-5: APPEAL:
Within ten (10) days from the date of :: • • - :, •• . _, : receipt 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 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. The designation of fire hazards may not be appealed. (Ord.
144, 11-15-1988)
4-3-6: MISDEMEANOR ENFORCEMENT:
A. If the owner of the property or person occupying or controlling such premises on
which the nuisance exists does not abate the nuisance within the time allowed. they
may be proceeded against either civilly or criminally. The expenses of abatement and
abatement proceedings (including anv expenses arising from contractors hired by the
City to perform said abatement) shall be charged to the owner of the propertv on
V8/hly Tim..
P.O. Box 1790
eagle. Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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"'...-:. Thnm2AOn baing duly sworn, deposes
. is the Principal Clerk of
newspaper published at
-5!~UOUß8~e of Idaho; that the said
ßV:> 1J!1I8u ÁBW noA 'Lal Circulation in the said
. e ViCInity of Meridian,
, - "-0 '5 P been uninterruptedly
'nty during a period of
~reekS prior to the first
ur of whICh is attached
tice was published in
A with SectiQn 60~108,
ed, fOf I tìme(s}
Je of said paper, and
r proper. and not in a
nellee was pubfiahed
, the following dates:
'û)
ORDINANCE NO. 451
. AN ORDINANCE FOR THE CITY OF' EAGLE, IDAHO, AMENDING EAGLE CITY CODE, TITLE 4,
CHAPTER 3, SECTION I "DEFINITJONS", SECTION 3 "NOTICE", SECTION 5 "APPEAL", AND SEC-
TION 6 "ENFORCEMENT", AND REPEALING TITLE 4, CHAPTER 3, SECTION 7 OF THE EAGLE
CITY CODE; AND ADDING 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 I: 4-3-1: DEFINITIONS:
For purposes of this chapter, the following terms shall have the following definitions:
CITY: The city of Eag]e, 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 Eag]e.
CITY COUNCIL: The city council of the city of Eagle.
FIRE CHIEF: 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/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 c~use a fire hazard:IndtlðG& /III, dl} gla30/;~,. d":~ ~~~::: :'~~ t~::~ ;J ;::~ ~~~:
:~~I::::: ~:::~\. ~. II./I~t(;~ ..hl~h. \1\11(;1\ II,), will ... J~t\oôllAbk ¡hõbIl'bJlIt) , II . .
3kaH hut ind"J, /;1:Ilti.al,J ClvP~. Aaldw.!, 01 P/lot",/;S. (Old. 144, II IS 1988)
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 /Tee and comfortable use of
adjacent and neighboring premises and property.
4-3-2: 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. (Ord. 144. 11-15-
1988)
4-3-3: NOTICE:
The City shall issue to the owner, occupant or person in control of any premises a "Notice to Clean Premises".
The written notice shall describe the nuisance, advise that the nuisance must be abated within ten (10) days
from the date of notice, advise that civil proceedings and/or criminal proceedings may be initiated in the
n";o'n~- ,h"tA~Ant ~"" "nt h" 'OO"OM.I "";"ot th" n..~,,- U",' ,. "., '" , . r.,. ." ,
B
A'
c )
~
StST A TE OF IDAHO)
Ci )SS
-COUNTY OF ADA}
~ In the year of 2003
lic, personally apP41ared
1 to me to be the person
to the within instrument,
s'ò'6rn. dee! ad that the
!knowle to me that
she e ut the same.
Notary Public tor Idaho
Res~(ng at Boise, ID
pires:. \-£ù...~+ '-':)"¡'::lOôb
ORDINANCE NO. 451
5- It -6 3
AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY CODE, TITLE 4,
CHAPTER 3, SECTION 1 "DEFINITIONS", SECTION 3 "NOTICE", SECTION 5 "APPEAL", AND SEC-
TION 6 "ENFORCEMENT", AND REPEALING TITLE 4, CHAPTER 3, SECTION 7 OF THE EAGLE
CITY CODE; AND ADDING 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 I: 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.
FIRE CHIEF: 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/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.Incl,.dcs all, d.y gra,sl s, d. "d shrub,, dl,"d hces, o. a.,y othe.
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.
4-3-2: 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. (Ord. 144, 11-15-
1988)
4-3-3: NOTICE:
The City shall issue to the owner, occupant or person in control of any premises a "Notice to Clean Premises".
The written notice shall describe the nuisance, advise that the nuisance must be abated within ten (10) days
from the date of notice, advise that civil proceedings and/or criminal proceedings may be initiated in the
nuisance abatement may not be assessed against the owner.
(Ord. 144, 11-15-1988)
4-3-4: 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. (Ord. 144, 11-15-1988)
4-3-5: APPEAL:
Within ten (10) days from the date of posting, mail;ng, e, pc,n,ral 3..1 receipt 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 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. The designation of fire hazards may not be appealed. (Ord. 144, 11-15-1988)
4-3-6: MISDEMEANOR ENFORCEMENT:
A. If the owner of the property or person occupying or controlling such premises on which the nuisance exists
does not abate the nuisance within the time allowed, they may be proceeded against either civilly or
criminally. The expenses of abatement and abatement proceedings (including any expenses arising from
contractors hired by the City to perform said abatement) shall be charged to the owner of the property on
which the nuisance exists. Failure to pay for expenses incurred by the City to eliminate the nuisance
.+.:th:.. th:rt•. (2:l\ ,1, .,hall r..a..lt :r, a l:o.. »..,.n the..mh. -,-t nmwrt,, ae allnwrrl , rttahn Qtatr ('nrii. 8 l -
`ueginning 1
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
By:
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
day of September 2003.
CITY OF EAGLE
Ada County, Idaho
Nancy Merrill,
Mayor
I CITYj' "
F �gGtl
j LE
SEP 3 0 2003
j Fite:
Route to:
Lis
Amount 7 6-• 2-0
rang duty sworn, deposes
is the Principal Clerk of
newspaper published at
'1.e of Idaho; that the said
.val circulation in the said
)1 the vicinity of Meridian,
f gas been uninterruptedly
ounty during a period of
fe weeks prior to the first
)opy of which is attached
( notice was published in
.,lity with Sectign 60-108,
Landed, for 1 time(s)
'Issue of said paper, and
;Iper proper. and not in a
04 notice was published
n the following dates:
t4 -i-4
Ending 9 - it b - C 3
STATE OF IDAHO )
)SS
COUNTY OF ADA )
On thisru\ day of, in the year of 2003
before me, a Notary Public, personally appeared
Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
nd bein• me first duly s . • m, decl = • that the
are true, and nowt to me that
uteri the same.
she
Notary Public for Idaho
Resigtng at Boise, ID
My Comma ion expires:urea-i- 3 'abs: 6
G �
i