TITLE 4 - HEALTH, SANITATION, AND ENVIRONMENT
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ORDINANCE NO. 2
WEED AND WASTE MATTER ABATEMENT
1. Title; Citation
2. Nuisance; Prohibited
3. Public Nuisance Designated
4. Nuisance; Abatement Notice
5. Abatement Notice; Service
7. Abatement Required; Time Limit
8. Violation; Penalty
9. Abatement by City; Cost
SECTION 1. TITLE; CITATION: This chapter shall be known and shall be cited as the "City of Atomic City Weed and Waste Matter Abatement Ordinance."
SECTION 2. NUISANCE; 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 upon any street or public right of way abutting the same, a public nuisance to exists as herein defined and found to exist by the Mayor and City Council.
SECTION 3. PUBLIC NUISANCE DESIGNATED:
3A. All weeds, dry grass, dead trees, rubbish, refuse, garbage, trash of any material growing upon the street, adjacent public right of ways or upon private property within the City of Atomic City, which by reason of size, manner of growth, or location constitute a fire hazard to any other property.
3B. Cultivated and useful grasses and pastures shall not be declared a public nuisance, however, if it is determined necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required.
3C. Waste matter 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 any adjoining premises or the abatement of a nuisance as defined in this chapter is declared a public nuisance.
3D. Waste matter is defined for the purpose of this Ordinance as unused or discarded matter having little or no substantial market value.
Rubbish: To include asphalt, concrete, plaster, tile, dirt or gravel piles, unused building or mobile home foundations.
Rubbish: To include crates, cartons, metal and glass containers, newspapers, boxes, wood shavings, lumber scraps, bedding, furniture, discarded home appliances, dilapidated buildings.
Vehicle bodies and parts.
SECTION 4. NUISANCE; ABATEMENT NOTICE: It is determined by the Mayor and City Council that a public nuisance as herein defined, exists on any lot, place or area, or on any street, or public right of way. The Mayor and City Council shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises" and shall contain a description of the property 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 provision as provided herein.
SECTION 5. ABATEMENT NOTICE; SERVICE: The notice required by Section 4 above may be served in the following manner:
5A. By personal service on the owner of said lot, place or area. If the owner lives within the City of Atomic City, and by personal service on occupants or person in charge or control of property.
5B. If said owner does not live within the City of Atomic City by mail to the owner at the address shown on the last available assessment.
5C. Should the owner not be known or have an available address, by posting at a conspicuous place on the land or building or public right of way.
SECTION 6. APPEAL: Within ten (10) days from the date of posting, mailing or personal service of the requested notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council of Atomic City. 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 ten (10) days or more than twenty-six (26) days, thereafter the City Council shall proceed to hear and pass upon such appeal and the decision for the City Council thereupon shall be final.
SECTION 7. ABATEMENT REQUIRED; TIME LIMIT: It shall be the duty of the owner or person occupying the lot, place or area in the City of Atomic City 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 sustained to remove the nuisance as stated.
SECTION 8. VIOLATION; PENALTY: Failure to abate the stated nuisance shall be a misdemeanor. The provisions of this chapter are not exclusive remedies and the City may invoke all remedies, civil and criminal, provided for the abatement of nuisances.
SECTION 9. ABATEMENT BY CITY; COST: Upon the failure to abate a stated nuisance within the time limits of the Section 7 herein, the City may remove the same, doing whatever is necessary to accomplish the abatement clean-up, removal and related work. The costs thereof may be assessed against the property, plus administrative costs of one hundred dollars ($100.00), and collected as provided by law, particularly as provided by Idaho Code title 50, chapter 10, Special Assessments, or the City may collect the costs by Civil action.
SECTION 10. SEVERABILITY: If any section, paragraph, clause, or provision of this Ordinance is held to be invalid for any reason such invalidation shall not affect the validity and enforceability of any of the remaining provisions hereof.
PASSED AND ADOPTED by the City Council of the City of Atomic City, Idaho this __Day of __ 1997.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
RECORDED SEPTEMBER 15, 1997 # 457442
ORDINANCE NO. 8
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ATOMIC CITY:
SECTION 1. DECLARATION OF PURPOSE: An Ordinance to protect the health and safety of the public by controlling and supervising the open combustion of material within the city limits of Atomic City.
SECTION 2. HOURS BURNING PERMITTED:
2A. Open combustion of material within the City limits of Atomic City shall only occur during the hours of eight o’clock (8:00) A.M. and twelve o’clock (l2:00) noon on a daily basis unless such combustion occurs subject to the exceptions when the Director of Public Works has special burning where the residents get together to burn large areas.
2B. Burning Leaves: The burning of leaves, grass and the cleaning of yards within the city limits shall be allowed in the early spring and late fall. The hours for burning shall be from six o’clock (6:00) A.M. to five o’clock (5:00) P.M.
SECTION 3. LIABILITY:
3A. Any person or persons burning a fire shall have water at hand and stay with the fire until it is completely out.
3B. The city or its council will not be responsible for someone setting a fire and not being able to keep it under control
3C. If needed, Call INEL for help with fire control.
SECTION 4. PUNISHMENT FOR VIOLATION: Of the provisions of this act and conditions hereunder: Any person who shall violate any provisions of this act, or the ordinances hereunder, for violation of which no punishment has been provided herein, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine not to exceed $300.00, or by imprisonment not to exceed six (6) months or by both such fines and imprisonment. Idaho Codes Section 50-302.
SECTION 5. PROCEDURE UPON ARREST: Until such time as the City of Atomic City has a Peace Officer, Bingham County Sheriff’s Department will be in charge of the punishment or arrest of any person in violation of this ordinance.
SECTION 6. SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.
SECTION 7. RESOLUTION: The Mayor and City Council may change by Resolution the dates and fees at their discretion.
This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.
PASSED AND ADOPTED by the City Council of the City of Atomic City, Idaho this 14th Day of April 1998.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
RECORDED APRIL 15, 1998 #464315