HomeMy Public PortalAboutOrd. 512-A Prohibiting Nuisances •' =i r
• ORDINANCE NO. /;2, .4
AN ORDINANCE RELATING TO NUISANCES; REPEALING SEC-
TIONS 5-2-4, 5-2-5, 5-2-6 and 5-2-7 OF THE VILLAGE
CODE OF McCALL, IDAHO; AMENDING SECTION 5-2-8 OF THE
VILLAGE CODE OF McCALL, IDAHO, BY RENUMBERING SAID
SECTION AS SECTION 5-2-4 OF THE VILLAGE CODE OF
McCALL, IDAHO; AMENDING CHAPTER 2 OF TITLE V OF THE
VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF
NEW SECTIONS 5-2-5, 5-2-6, 5-2-7, 5-2-8 , 5-2-9,
AND 5-2-10, OF THE VILLAGE CODE OF McCALL, IDAHO,
PROHIBITING NUISANCES, DEFININING NUISANCES,
APPOINTING THE McCALL FIRE CHIEF TO ADMINISTER. THE
ORDINANCE, PROVIDING FOR ABATEMENT OF NUISANCES AND
ENFORCEMENT PROCEDURES, PROVIDING FOR SERVICE OF
NOTICE UPON LAND OWNERS AND OCCUPANTS, PROVIDING
FOR APPEALS TO THE CITY COUNCIL, PROVIDING FOR DUTIES
OF OWNERS, PROVIDING FOR ABATEMENT OF NUISANCES BY
THE CITY OF McCALL, PROVIDING FOR CRIMINAL PENALTIES
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE. CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1. That Sections 5-2-4 , 5-2-5, 5-2-6 , and 5-2-7
of the Village Code of McCall, Idaho, be, and the same are
hereby repealed.
Section 2. That Section 5-2-8 of the Village Code of
McCall, Idaho, be, and the same is hereby renumbered as Section
5-2-4 of the Village Code of McCall, Idaho.
Section 3. That Chapter 2 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated
as Section 5-2-5 of the Village Code of McCall, Idaho, and to
read as follows:
Section 5-2-5: NUISANCES PROHIBITED. No owner of any lot,
place or area within the city, or occupant or person in control
of same, shall permit on such lot, place or area or upon any
street, sidewalk or public right of way abutting the same a public
nuisance to exist as herein defined and found to exist by the
Fire Chief.
Section 4. That Chapter 2 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated as
Section 5-2-6 of the Village Code of McCall, Idaho, and to read
as follows:
PI Section 5-2-6: NUISANCES DEFINED. A. All weeds, dry
grasses, dead shrubs, dead trees, rubbish or any material
growing upon the streets, sidewalks adjacent public right of
way or upon private property within the City of McCall, which
by reason of size, manner of growth or location constitute a
fire hazard to any building, improvements, crops or other
property, and weeds and grasses which, when dry, will in rea-
sonable probability constitute such a fire hazard, are hereby
declared to b€ a public nuisance.
Cultivated and useful grasses and pastures shall not be
declared a public nuisance. However, if the Fire Chief shall
• determine it necessary to protect adjacent improved Property
from fire exposure, an adequate fire-break may be required.
B. Waste matter as hereinafter defined, which by reason
of its location and character is unsightly and interferes with
the reasonable enjoyment of property by neighbors , or which
would materially hamper or interfere with the prevention or
suppression of fire upon the premises, or the abatement of a
nuisance as defined by this ordinance, is hereby declared a
public nuisance.
Waste matter is defined for the purpose of this ordinance
as unused or discarded matter having no substantial market value,
which is exposed to the elements and is not enclosed in any
structure or otherwise concealed from public view, and which
consists (without limitation or exclusion by enumeration) of
such matter aid material as :
1. Rubble, asphalt, concrete, plaster, tile, wood, garbage;
2. Rubbish, crates, cartons, metal and glass containers,
appliances or appliance shells; and
3. Vehicle bodies and parts .
• Section 5. That Chapter 2 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated as
Section 5-2-7 of the Village Code of McCall , Idaho, and to read
as follows :
Section 5-2-7 : ABATEMENT-ENFORCEMENT BY FIRE CHIEF .
A. The Fire Chief of the City of McCall is hereby appointed to
administer and implement this ordinance by making inspections ,
giving the notices required hereunder and instituting such
legal action as may be required to enforce this ordinance.
The Fire Chief may designate and authorize such representa-
tive as he may deem necessary in order to carry out his responsi-
bilities hereunder.
Section 6 . That Chapter 2 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated as
Section 5-2-8 of the Village Code of McCall, Idaho, and to read
as follows :
Section 5-2-8 : ENFORCEMENT PROCEDURES . A. NOTICE. If_
it is determined by the Fire Chief that a public nuisance, as
herein defined, exists on any lot, place or area, or upon any
/1 street, sidewalk, or public right of way abutting the same, the
Fire Chief shall cause a notice to be issued to abate such nuis-
ance. Such notice shall be headed "NOTICE TO CLEAN PREMISES" ;
shall contain a description of the property in general terms
reasonably sufficient to indentify 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 provision as provided herein; and
shall specify the appeal process as provided herein.
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• B. SERVICE OF NOTICE. The notice required by Section A
above shall be served in the following manner.
1. By personal service on the owner of said lot, place or
area, and by personal service on the occupant or person in charge
or control of the property, if such person can be identified; and,
2. If personal service cannot be made, service may be made
by registered mail to the owner, at the address shown on the last
available assessment roll, or as otherwise known; and, by per-
sonal service on the occupant or person in charge or control of
the property, if such person can be identified; and,
3. Should the owner not be known or have an available
address, by posting at a conspicuous place on the land or abut-
ting public right of way and insertion of an advertisement at
least once a week for the period of two weeks in a newspaper of
general circulation in the City of McCall, and by personal ser-
vice on the occupant or person in charge or control of the prop-
erty, if such person can he identified. Said newspaper adver-
tisement shall be a general notice that property in the City of
McCall describing the same, has been posted in accordance with
this ordinance and contain a general statement of the purpose
of such posting. The date of such newspaper advertisements shall
not be considered in computing the appeal period provided by this
• ordinance.
C. APPEALS. 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 lot, place or area affected
may appeal to the City Council of the City of McCall. Such
appeal shall be in writing and shall be filed with the City Clerk.
At a regular meeting or regular adjourned meeting of the City
Council, not less than ten (10) days nor more than twenty-six
(26) days thereafter, 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 7. That Chapter 2 of Title V of the Village Code
Of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated as
Section 5-2-9 of the Village Code of McCall, Idaho, and to read
as follows :
Section 5-2-9 : ABATEMENT OF NUISANCE. A. DUTY OF OWNER.
It shall be the duty of the owner or person occupying or con-
trolling any lot, place or area in the City Of McCall which
has been declared 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, unless the same is sus-
tained, to remove the nuisance as stated.
B. ABATEMENT BY CITY. Upon direction of the City Council
and at the City Council ' s discretion, upon the failure neglect
or refusal of any owner or occupant so notified to abate or
remove the public nuisance as herein defined within the time
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• specified in this ordinance, the Fire Chief shall cause the
nuisance to be abated in accordance with the requirements set
forth in the notice. The cost of the abatement work shall be
transmitted to the Council, who shall cause the same to be
paid and levy a special assessment against the property.
Section 8. That Chapter 2 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a new section to be known and designated as
Section 5-2-10 of the Village Code of McCall, Idaho, and to read
as follows:
Section 5-2-10 : VIOLATION A MISDE*MANOR. The owner of
any lot, place or area within the City of McCall who shall permit
or allow the existence of a public nuisance as defined in this
ordinance, upon any lot or premises owned, occupied or controlled
by him, or who shall violate any of the provisions of this ordi-
nance, shall be guilty of a misdemeanor and upon conviction
thereof, shall be subject to a fine of not more than Three Hun-
dred Dollars ($300. 00) , or of imprisonment for a period not
exceeding six (6) months, or both such fine and imprisonment.
Section 9. SEVERABILITY. The provisions of this
ordinance are hereby declared to be severable and if any pro-
vision of this ordinance 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.
Passed and approved this o2 g �day of May, 1987 .
2°,1( 4
Mayor
ATTEST: 7
/ /7! '''-
City Clerk
1
i uu`iu".u 0 rirrIut► r I I ur rUDLIVH I IVn
ORDINANCE NO.512-A ELATING STATE OF IDAHO N ISANCES;REPEALING SEC IONS Section 5-2-6: NUISANCES DEFIN-
5-2-4, 5-2-5, 5-2-6 and 5-2-7 OF THE ED. A. All weeds, dry grasses, dead
VILLAGE CODE OF McCALL, shrubs, dead trees, rubbish or any
IDAHO; AMENDING SECTION 5-2-8 material growing upon the streets,
OF THE VILLAGE CODE OF Mc- sidewalks adjacent public right of way or
CALL, IDAHO, BY RENUMBERING upon private property within the City of
County of Valley SAID SECTION AS SECTION 5-2-4 OF McCall, which be reason of size, manner
THE VILLAGE CODE OF McCALL, of growth or location constitute a fire
IDAHO;AMENDING CHAPTER 2 OF hazard to any building, improvements,
TITLE V OF THE VILLAGE CODE OF crops, or other property, and weeds and
McCALL, IDAHO, BY THE ADDI- grasses which, when dry, will in
Tomi Grote, being duly sworn deposes and says, I am the book- TION OF NEW SECTIONS 5-2-5, 5-2-6, reasonable probability constitute such a
keeper of The Star News, a Week) new - 5-2-7,5-2-8,5-2-9,AND 5-2-10,OF THE fire hazard, are hereby declared to be a
y spaper published at McCall, VILLAGE CODE OF MCCALL, public nuisance.
it County of Valley, State of Idaho; that said newspaper is in IDAHO PROHIBITING NUISANCES, Cultivated and useful grasses and
g____.at circulation in the county of aforesaid and is a legal newspaper; DEFINING NUISANCES, APPOIN- pastures shall not be declared a public
r: , TING THE McCALL FIRE CHIEF TO nuisance. However,if the Fire Chief shall
that the 0 RD IN ANC IVC L NO ADMINISTER THE ORDINANCE, determine it necessary to protect adjacent
a copy of which is attached hereto and made a PROVIDING FOR ABATEMENT OF improved property from fire exposure,an
part hereof, was NUISANCES AND ENFORCEMENT adequate fire-break may be required.
published in said newspaper once a week for •- con- PROCEDURES, PROVIDING FOR B.Waste matter as hereinafter defined,
secutive weeks in the regular and entire issue of every number SERVICE OF NOTICE UPON LAND which by reason of its location and
OWNERS AND OCCUPANTS, PRO- character is unsightly and interferes with
thereof during the period and time of publication, and was published in VIDING FOR APPEALS TO THE CITY the reasonable enjoyment of property by
the newspaper proper and not in a supplement; and that publication of COUNCIL, PROVIDING FOR DUTIES neighbors, or which would materially
OF OWNERS, PROVIDING FOR hamper or interfere with the prevention or
Such notice began, ABATEMENT OF NUISANCES BY suppression of fire upon premises,or the
THE CITY OF McCALL, PROVIDING abatement of a nuisance as defined by this
June 3, 19 87 FOR CRIMINAL PENALTIES AND ordinance, is hereby declared a public
PROVIDING FOR SEVERABILITY. nuisance.
BE IT ORDAINED BY THE MAYOR Waste matter is defined for the purpose
and ended, June 3 . 19 9 7 of• this ordinance as unused or discarded AND COUNCIL OF THE CITY OF Mc- matter having no substantial market
CALL, IDAHO, AS FOLLOWS:
Section I. That Sections 5-2-4, 5-2-5, value, which is exposed to the elements
5-2-6, and 5-2-7 of the Village Code of and is not enclosed in any structure or
McCall, Idaho, be, and the same are otherwise concealed from public view,
hereby repealed. and which consists(without limitation or
Section 2. That Section 5-2-8 of the exclusion by enumeration)of such matter
Subscribed and sworn before me,this the Village Code of McCall, Idaho, be, and and material as:
9 June 87 the same is hereby renumbered as Section 1. Rubble, asphalt, concrete, plaster,
day of 19 5-2-4 of the Village Code of McCall, tile, wood, garbage;
Idaho. 2. Rubbish, crates,cartons,metal and
Section 3. That Chapter 2 of Title V of glass containers, appliances or appliance
the Village Code of McCall, Idaho, be, shells; and
STATE OF IDAHO,COUNTY OF VALLEY,ss.. and the same is hereby amended by the 3. Vehicle bodies and parts.
addition thereto of a new section to be Section 5. That Chapter 2 of Title V of
On this day of June
t'9 87 known and designated as Section 5-2-5 of the Village Code of McCall, Idaho, be,
the Village Code of McCall,Idaho,and to and the same is hereby amended by the
before me.a Notary Public in and for said State, read as follows: addition thereto of a new section to
Personally appeared Judy Brooks known to me Section 5-2-5: NUISANCES PRO- known and designated as Section 5-2-7 of
or identified to me to be the bookkeeper of HIBITED. No owner of any lot,place or the Village Code of McCall,Idaho,and to
area within the city, or occupant or per-
the read as follows:
the corporation that executed the instrument son in control of ame, shall permit on Section 5-2-7: ABATEMENT-
or the person(s)who executed the instrument such lot,place or area or upon any street, ENFORCEMENT BY FIRE CHIEF.
on behalf of said corporation,and acknowledged sidewalk or public right of way abutting A. The Fire Chief of the City of Mc-
to me that such exec Me same the same a public nuisance to exist as Call is hereby appointed to administer
herein defined and found to exist by the and implement this ordinance by making
Fire Chief. inspections, giving the notices required
Section 4. That Chapter 2 of Title V of hereunder and instituting such legal ac-
the Village Code of McCall, Idaho, be, tion as may be required to enforce this or-
and the same is hereby amended by the dinance.
Tom prole addition thereto of a new section to be
Notary Pubic I and designated as Section 5-2-6 of
Residing at McCall.Idaho t lage Code of McCall,Idaho,and to
Commission Expires.Life r ; follows:
Section 5-2-10: VIOLATION A
general notice that property in the City of MISDEMEANOR.The owner of any lot,
McCall describing the same, has been
The Fire Chief may designate and place or area within the City of McCall
authorize such representative as he may Posted in accordance with this ordinance who shall permit or allow the existence of
y Y and contain a general statement of the a public nuisance as defined in this or
deem necessary in order to carry out his purpose of such posting.The date of such
responsibilities hereunder. p p P g dinance,upon any lot or premises owned,
Section 6. That Chapter 2 of Title V of newspaper advertisements shall not be occupied or controlled by him, or who
the Village Code of McCall, Idaho, be, considered in computing the appeal shall violate any of the provisions of this
and the same is hereby amended by the period provided by this ordinance. ordinance, shall be guilty of a misde-
Y C. APPEALS. Within ten (10) days meanor and upon conviction thereof,
additon thereto of a new section to be from the date of ostin mailin or er-
known and designated as Section 5-2-8 of P g' g P shall be subject to a fine of not more than
the Village Code of McCall,Idaho,and to owner or person occupying notice, the Three Hundred Dollars (d300.00), or an
read as follows: P pytng or controlling imprisonment for a period not exceeding
Section 5-2-8:ENFORCEMENT PRO- such lot, place or area affected may ap- six(6)months, or both such fine and im-
CE coon .5-2-8:NOTICE. If it is P PRO- peal to the City Council of the City of Mc- prisonment.
mined E the Fire Chief that a Call. Such appeal shall be in writing and Section 9. SEVERABILITY.The pro-
nuisance, as herein defined,exists on any shall be filed with the City Clerk. At a visions of this ordinace ar� hereby
lot, place or area, or upon any street, meeting of the Cit oCouncil,not less than don ofdthisbordinan el or the application
sidewalk, or public right of way abutting ten (10) days nor ymore than twenty-six of such provision to any person or cir-
the same, the Fire Chief shall cause a decl
notice to be issued to abate such nuisance. shall proceed to hetar andepasstupon such
reason, suchs declarations shall affect
Such notice shall be headed "NOTICE appeal,and the decision of the City Coun- the validity of remaining portions of this
TO CLEAN PREMISES"; shall contain cil thereupon shall be final and con- ordinance.
a description of the property in general elusive.
terms reasonably sufficient to identify the Section 7. That Chapter 2 of Title V of Mays 1987 nd approved this 28th day of
location of the nuisance;shall describe the . the Village Code of McCall, Idaho, be, Clyde L.Archer,Jr.
nuisance in terms reasonably sufficient to , and the same is hereby amended by the Mayor
identify the same; shall direct the abate- addition thereto of a new section to be ATTEST:
ment of the nuisance; shall specify the known and designated as Section 5-2-9 of Arthur J. Schmidt
penalty provision as provided herein;and t&e Village Code of McCall,Idaho,and to City Clerk
shall specify the appeal process as provid- read as follows: Y
: ed herein. 1t-6-3
'Section 5-2-9:- ABATEMENT OF
ii B.SERVICE OF NOTICE. The notice NUISANCE. A. DUTY OF OWNER. It
, required by Section A above shall be serv-
ed in the following manner. occupying o duty ro of the owner lot, person
1. By personal service on the owner of area in the City of McCall which has been
said lot, place or area, and by personal declared a
service on the occupant or within ten (10)0)nuisance as provided
charge or control of the property,if such ofrnotificationas(proadedfhe herein,eorain
person can be identified;and,
2. If personal service cannot be made, within of an appeal to the City term na-
service may be made by registered mail to within ten (10)unless days from same the d sustained,
the owner, at the address shown on the to remove�he n sance a statedustained,
last available assessment roll,or as other- B. ABATEMENT BY CITY. Upon
wise known; and, by B. ABATEMENT o CITY. Upon
the occupant or person inochargerorccon- City cCou Council's the City Council and ai the
trol of the property,if such person can be neglect oorcrefusalof discretion,ny o nerhorf occu
identified; and,
3. Should the owner not be known or pant so notified to abate or remove the
have an available wnersn,not posting public nuisance as herein defined within
conspicuous place on the land oorsabut abutting Fire tChief pshall e ausetthe nuisance to be
public right of way and insertion of an abated in accordance with the re-
advertisement at least once a week for the
period of two weeks in a newspaper of quirements set ate in the work notice. The
general circulation in the City o MCall, cost of the abatement work hots be
and by personal service on the occupant cause the sto ame the be paid, who shall
or person in charge or control of the pro- cause the same to against path and levy a
perty, if such person can be identified. spSectlions8. That Chapter t2 of TittllerV of
Said newspaper advertisement shall be a the Village Code of McCall, Idaho, be,
- and the same is hereby amended by the
addition thereto of a new section to be
known and designated as Section 5-2-10
of the Village Code of McCall, Idaho,
and to read as follows:
•
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 57,2 A is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on , 19 8'7 and duly recorded in my
office; and
• 3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this ,i' °= --day of
1047 , 197
Arthur J. midt, City Clerk
(Seal of the City)