The URL can be used to link to this page

Home My Public Portal AboutORD 139-13-08-B_Procedures for Delinquent Accounts_12012008ORDINANCE NO. 13- - AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-34 OF THE CITY CODE OF IONA, IDAHO; REGARDING ADMINISTRATIVE PROCEDURES FOR DELINQUENT WATER ACCOUNTS; INCREASING DELINQUENCY FEE FROM $2.00 TO $5.00; INCREASING AMOUNT OF DISCONNECT AND RECONNECT FEES; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 8-2-34, Iona City Code. Section 8-2-34 of the City Code of Iona, Idaho, is amended as follows: 8-2-34: DELINQUENT ACCOUNTS: Whenever customer account is not paid within fi#orty (5040) days from the past due date, the City Clerk shall assess a delinquency charge in the amount of $25 for each month the account is delinquent. The City may also terminate water service to the delinquent customer and in such event a disconnect fee in the amount of $25thirty-five dollars ($35.00) shall be added to the bill. Interest at a rate of one percent (1 %) per month shall accrue on the unpaid balance of all delinquent accounts, including any unpaid delinquency charges or disconnect fees. If service is terminated for delinquency, it shall not be restored until the account is brought current, the delinquency charge and the disconnect fee are paid in full, and a reconnect fee of $2.5thirty-five dollars ($35.00) is paid in full or unless a written agreement for payment is approved by the Council. The disconnect fee shall be payable whenever a service trip is made for the purpose of disconnecting water service even though service is not actually disconnected. Partial payments shall be applied first to any unpaid delinquency charges or disconnect fees and then to the outstanding utility charges in the same order as the utility charges were accrued. Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance to another is similarly shown as underlined text. Section 3. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Effective Date. This Ordinance shall become effective on its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this / day of December, 2008. ATTEST: Robyn Keyes City Clerk (SEAL) 2 Brad Andersen Mayor STATE OF IDAHO ) )ss. County of Bonneville ) I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-34 OF THE CITY CODE OF IONA, IDAHO; REGARDING ADMINISTRATIVE PROCEDURES FOR DELINQUENT WATER ACCOUNTS; INCREASING DELINQUENCY FEE FROM $2.00 TO $5.00; INCREASING AMOUNT OF DISCONNECT AND RECONNECT FEES; PROVIDING FOR METHODOLOGY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Robyn K City Clerk G:\WPDATA\DWS\2708 City of Iona \ORD\Delinquent Account.ORD.cmp.20.wpd:sm 3 CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) S.S. COUNTY OF BONNEVILLE ) Brad D. Andersen, being first duly sworn, deposes and says as follows: Phone: (208) 523-5600 Fax: (208) 535-0087 1. That I am Mayor of the City of Iona, Idaho. That on the 1st day of April, 2009, a copy of the document attached hereto as Exhibit "A", was sent to the residents of the City of Iona by First Class Mail. 2. That the cost of mailing, including preparation, materials, and postage, is less than the cost of other publication required by law, in particular, publication in a local newspaper. 3. This Affidavit is made in pursuance of Idaho Code 60-109 A. DATED this (9( day of , 2009. Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this ( day of 494,,k 2009. E 0� • � A • NOTAR• •••'• L .Y 41.■• 0 40111° *:.• pUBL�G 6:2;9�7i.0F.••••\ O"P```` “2-1X1Notary Plic foe State of Idaho Residing at 6N0.(0,74, e� My commission expires 66 -- NOTICE; OF ADOPTED ORDINANCES The following ordinances have been adopted bythe Iviayor,.and City. Coumil and are presented in summary, full text of said ordinances are available for. viewing at the City Clerk's -office, City of Iona ordinance Flo, .139 13-08 An ordinance of the city of Iona amending section, 8-2734 .of the City Codexegarding admunstratiye procedures._fordelinquent-water.:accoimts, Section 8-2-34 of the City Code,ofIona,,Idaho, isamended.asfollows DELINQUENT ACCOUNTS:. whenever a customer<account is not paid,within forty (40) days from the .past, due date; the City_ Clerk shall assess a delinquency charge in the..am61.0 of $5 for, each month the account.is delinquent -The City may also.xenninate water service to:the delinquent customer and in such event a disconnect fee rtthe amount of thirtyfive dollars ($35 00) shallbe added to the bill: Interest at a rate of one percent (1 %) permonth_shall:accrue-on the_ unpaid balance of all delinquent accounts, including any unpaid delinquency charges or:disconneC fees. ,If service= is terminated fordelmquency, it -shall not be restoreduntil-the account is:brought current, the del-inquency__charge and the disconnect fee are paid jn full, and a reconnect fee: of thirty-five dollars. ($35 00) is paid in full or umless. awritten agreementfor payment is approved by the -Council _ The :disconnect fee shallbe payable whenever a service trip is made for the purpose. of disconnecting water service even thoughserVic ejS not -actually -disconnected Partial payments shall be applied; first to any unpaid delinquency charges or disconnect fees: and t ien•to the outstanding utility charges -in the, same -order as-the:Utility, charges were -accrued . Effectivelan `1, 20.09 City of. Iona..ordinance No.,140-147 08 An oniinance :of the City of Iona amending .sections;9:-4-5, 9-4-21, 9-4-22, and 9-4-23 _of the City. Code, relating to: the parking and storage of motor vehicles on public streets; Section 9-4-5 of the City Code of Iona, Idaho,. is:hereby repealed and reenacted. as follows: 9-4-5: STORAGE OF NEHICI,ES-ON PUBLIC STREET (A) It shall be unlawful for any automobile dealer to, park or place any "vehicle" asdefined under Idaho Code,§ 49-123, upon any public street,: alley orright-of waywithinthe City forthe<purpose of selling or offering. such vehicle;:for sale; or lease For-- the purposes ofthis section, -artautomobile dealer is -defined as any persoinwho regularly;engages in the _sale-orbffering for. Sale .ofmotorvehicles.for profit or.pecuniary gain of any kind.- (B) It shall:be unlawful to park or place.any velnele:upon any public street, alley or right of way located within the City for aperiod of more than seven.:(7) consecutive days at,,the, same.location For. the purposes hereof, the term, "location" shall mean auarea Within'five iliundrecl feet_ (500) in any direction from the exterior surface ;;of such vehicle (C) It shallbe unlawf d to park or place any vehicle upon any .road way as defined above, from and including.the:period comniencmg,on Thanksgiving Day to and until Easter Sundayof the following year, between the,hours off 00.a m and.12 00;noon;,Monday*ough Friday,, inclusive,.except within areas lawfully -designated for loaclingancl*Oading.Ofgoods and.materials or within any other area lawfully designated as .exempt from the provisions: of this section, or except .for thelimpose of temporarily parking a bus or other public conveyance while loading of unloading of passengers.` - (D) Nothing. in. >tl isChapter shall be.constmed to prohibit.the parking upon, public street ofpolice vehicles, fire trucks or other emergency vehicles, or vehicles: operated, by a l censedphysician while responding to an emergency call, from parking or allowing-the.parking of such motor vehicle during the.course of responding to such emergency call or toprohibit the parking of public safety vehicles, snow removal vehicles, publicly owned. maintenance vehiclesorpol ce vehicles.> (E) Any vehicle parked orstored.in violation of.this Chapter :may be removed by or under the direction of any peace officer and'may.be impounded ii accordance with the provisions of this chapter or as otherwise provided<by law (F) For the purposes of this chapter, the term "street" shall have the same meaning as the term "road -way" is defined-underIclabo-Code:,§ 49-119. Section 9-4-21 of the city Code of Iona,, Idaho, is.hereby repealed and re; -enacted as follows:. 9-4-21: ENFORCEMENT_ ON PRIVATE PROPERTY: No person shall park or allow,the parking of a vehicle on any privately owned lot or property without the express or implied consent of the owner thereof. Section 9-4-22 of the City' Code of=Iona, Idaho,. is repealed and re-enacted as follows: 9-4-22: NOTICE OF VIOLATION: (A)"Any police oflicer,or otherperson duly authorized'by the Chief of Police or- Mayor may issue a Node-6-9f ViolationanyperSon who violates the.. provisions of this Chapter. The Notice ofViolation:shall-be issuedby`plaeing it on the,windshield of an�illegallyparked vehicle; in a secure manner, oinr a.prominent place .therein. A separate .Notice of Violation shall be _issued for"each parking regulation violated. If the violation is fo_ r overtime parking,`.a'separate:notice shall be. issued for each hour, or fraction.thereof, the, owner or operator, of the :vehicle allows 'it to remain parked`in violation of this chapter. (B) The. notice of violation shall state thedate and time swhen it is issued, the nature -of -the parking violation observed and the amount of the penalty aS provided in sectibif 94-2 3 of this chapter. The notice shall advise the owner or operator ofthe vehicle that he or she must-adrnitthe.violationand paythepenalty therefore or: deny the violation anctfdeliver a written notice .of'such denial Ito the -City Clerk, within twenty one (21) days of the date the notice -of violation is issued; in default of which an Idaho uniform citation or summons and criminal. complaint may be served upon suPrson . - ch e (C) Any person issued :a Notice of Violation may enter an admission in the: following ways By depositingthe Notice if Violation together with the:amount ofpenaltystate.d thereon in any collection box designated•by the Chief of Police, By mailing the Notice of violation together with=the amount of the penalty stated. thereon to the address indicated on the notice; or By physically presenting the Notice: --of Violationtogether with the amount of the penalty •indicated_thereon at the office of the City;Clerk:or City Treasurer: Section 9-4-23 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows 9-4-23: PENALTIES:_ (A) Any person who violates any parking regulation herein, is guilty of an infraction and shall be subject toppenalties asfollows `' If the. violator admits the violation and_pays the penalty, 'or delivers a written denial thereof to the City Clerk within twenty one (21) -days ofthe. date the. notiee is issued;; the penalty, upon=conviction or admission, shall be as follows: • (a) Violation of any parking regulation -set forth in this chapter, except section 9-4-19 (Handicap Parking); shall -be $20 00 . • (b) Violation of section 9-4-19.(Handicap. Parking), -shall be $50.6.0 If a person -violates' any parking regulation and he or she fails to either deliver:a Written. 'denial the City. Clerk or:to admit the violation and:pay the'penaltyasprovided inthe previous subsection within twenty one (21) days of the date the notiee is issued, the Penalty - conviction or admission,: shall be as follows: • .- . .. (a) Violation of any_ parking regulationset forth in this chapter, except section,9-4.19 (Handicap Parking), shall be $4000 (b) Violation of section 9 4-19 (Handicap Parking), shall be $100 00 (B) In the event any person violates any provision. of:this.chapter within sixty (60).days`of any.prior violationof thiss-chapter, the: penalty therefore shall 'be double the amounts=set forth abave., Effective January 1, 2009. City of Iona ordinance No.141-15-08 An ordinance annexing the, 'property•located at 2412 N. 50 E. belonging to Scottand Elena Hunting into- the City ofIona The property is a single-family dwelling and is zoned `R-1 residential. Effective -December 16, 2008 . City of Iona ordinance NO. 142-26408 An ordinance annexing the property -located at 2460 N. 50 E. belonging to LinLee tonghurst, into. the, -City of Iona. ' The property is a single=family: dwelling and is zoned R-1 residential. Effective December 16, 2008. 1 :.,: