The following sections hereby are revised:
Section 101.1 Insert: "City of Blackfoot" for [NAME OF JURISDICTION]
Section 103.1 hereby is deleted and replaced with the following:
Section 1.03.1 Authority and Inspections:
1.03.1.1 The building official, his designated representative, code enforcement officer, police officer, or any authorized representative thereof upon visual identification, or upon receipt of a complaint from any person, is authorized and directed to make inspections of property to determine compliance with this chapter.
1.03.1.2 Unscreened exterior areas may be inspected at any time from a public right of way with or without the involvement of the owner or occupant in accordance with legal requirements governing administrative inspections of private property.
1.03.1.3 Screened exterior areas shall be inspected only during the normal business hours of the city unless otherwise arranged, and only upon invitation or with the concurrence of the owner or occupant or when authorized/ordered by a court.
1.03.1.4 Except in cases of alleged imminent hazards, if the occupant is not the owner of the premises or dwelling unit to be inspected, the building official, his designated representative, code enforcement officer, police officer, or any authorized representative thereof shall provide notice in writing or by telephone to the owner or designated agent as to the time and place of inspection. The owner or designated agent may be present for the inspection. The convenience of the owner or designated agent shall not require the rescheduling of the inspection.
Sections 1.03.2, 1.03.3 and 1.03.5 hereby are deleted.
Section 104.2 hereby is deleted.
Section 106.3.1 hereby is added as follows:
If the mayor determines that action by the city is required to protect the public health, safety, and welfare in an area affected by a violation of this chapter, the mayor may direct that employees of the city, or the city's contractors or agents, go upon the premises in question and remove, abate, or destroy the problem. The city shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney fees. The expense may also be certified to the city clerk and transmitted to the county treasurer, and be collected by special assessment upon the property to the extent provided by law pursuant to Idaho Code sections 50-334 and 50-1008. If the certificate is recorded at the office of the county recorder, it shall become a lien against the property to the extent provided by law.
Section 106.6 hereby is added as follows:
Additional Violations And Penalties
1.06.6.1 Any owner, occupant, lessor, lessee, manager, or other person having lawful control over a structure or parcel of land who causes, allows, facilitates, aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter or who allows a lessee or a tenant to violate this chapter shall be guilty of a misdemeanor. Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation.
1.06.6.2 The owner of record, as recorded in the records of Bingham County, of the property upon which a violation of this chapter exists shall be presumed to be the person having lawful control over a structure or parcel of land. If more than one person shall be recorded as the owner of the property, said persons shall be jointly and severally presumed to be persons having lawful control over a structure or parcel of land. This presumption shall not prevent enforcement of the provisions of this chapter against any person specified elsewhere in this chapter.
1.06.6.3 It shall not be a defense for an owner of record to plead that any act or omission made punishable by this chapter was at the time the violation occurred within the control of a lessee or tenant pursuant to a lease or rental agreement.
1.06.6.4 Prosecution of an offense, under this section, shall not preclude the city from seeking a civil remedy for failure to comply with this chapter.
Section 111 Amend section 111 by replacing "board of appeals" with "city council" throughout section, and replace "board" with "city council" throughout section.
Section 111.2 hereby is deleted.
Section 202 Amend definition of garbage to also include useless waste or material, trash, rubbish, refuse or litter.
Section 302.4 Insert: six inches (6") for grass and twelve inches (12") for weeds and other plant growth.
Section 302.8.1 hereby is added as follows:
Inoperative, Unauthorized, And Unregistered Vehicles And Materials
Section 302.8.1.1 Purpose: The purpose of this section is to provide for removal of certain nuisances created by vehicles and other materials when stored improperly on public streets or private property and to distinguish between the lawful use of public streets for parking of motor vehicles and the public nuisance created by unlawful storage or parking of prohibited items.
Section 3.02.8.1.2 Definitions: For the purposes of this chapter:
A. Inoperative Vehicle: Any vehicle which, in its current state, whether due to broken, defective, or missing parts, including missing or flat tires, missing doors, missing or badly damaged windshields, or broken or defective parts which are essential for movement, is not capable of being used as a regular means of transportation.
B. Unauthorized: Anything other than a lawfully registered motor vehicle and its lawfully connected trailer, including, but not limited to, the following: any snowmobile, any boat, any trailer which is not connected by means of a lawful hitch to an operating, lawfully registered motor vehicle, any camper shell or camper not mounted on a vehicle, any storage containers, excluding city authorized garbage containers when located in conformance with city regulations, any vehicle reported stolen and not yet recovered, and any recreational vehicle which remains parked on a street longer than authorized in this code.
C. Unregistered Vehicle: Any vehicle which is not lawfully and currently registered as provided in Idaho Code title 49, chapter 4; or any vehicle which does not bear current annual Idaho license plates or decals; or any vehicle which does not bear current license plates issued by another state and is not lawfully and currently registered in that state.
Section 3.02.8.1.3 Use Of City Streets Authorized For Parking Registered, Operative Motor Vehicles; Other Uses Prohibited And Declared Public Nuisances:
A. The parking, both short term and long term of lawfully registered, operative motor vehicles is allowed at curb side areas of the streets of the city of Blackfoot; provided, that the motor vehicles are not parked in violation of pavement or curb markings or regulatory signs or traffic devices; and provided, that they are parked in conformance with parking method regulations set out elsewhere in this code.
B. The use of the streets as a storage location for unregistered or inoperative motor vehicles, unauthorized items such as camper shells, boats, unhitched trailers, storage containers, or other materials is prohibited and the owner(s) may be issued a misdemeanor citation for violating the prohibition. The continued presence of such unlawfully stored items is inimical to the well being of the citizens and is hereby declared a public nuisance. All such items shall be subject to removal as provided hereinafter, the costs of which, including storage, shall be borne by the owner(s).
Section 3.02.8.1.4 Removal From Public Right Of Way:
The police department is authorized to cause the immediate removal of any unregistered or unauthorized vehicle, any unauthorized materials, or any vehicle reported as stolen and not yet recovered found parked or left on any street or right of way. The department is also authorized to cause to be removed any vehicle parked on the right of way which is found to be inoperative, pursuant to notification and removal procedures set forth in Idaho Code title 49, chapter 18; provided, however, that upon notification to the police department that a motor vehicle has become disabled while being operated, such inoperative vehicle may be left parked against the curb area of a public right of way for a period not to exceed forty eight (48) hours for effecting repairs or arranging for removal.
Section 3.02.8.1.5 Use Of Private Property For Storage Of Unregistered Or Inoperative Vehicles Or Vehicle Parts Prohibited And Declared A Public Nuisance:
The long term presence on private property outside the confines of enclosed buildings, of inoperative, wrecked, discarded, partially dismantled, junked, unused, or unregistered vehicles or vehicle parts contributes to blight and deterioration of neighborhoods and is detrimental to public health, safety, and welfare due to factors such as broken glass, standing water, accumulation of rusted parts, potential environmental damage, and the potential for breeding of vermin, and is hereby deemed a public nuisance. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any such vehicle to remain in the open on such property longer than seventy two (72) hours. Persons violating this prohibition may be issued a misdemeanor citation and the city may pursue other legal remedies for removal of the vehicles. This prohibition shall not apply to a vehicle on the premises of a lawfully operated auto salvage business, auto repair business, towing and storage business, auto sales business, or governmentally operated auto storage area, when necessary to the operation of such business enterprise, nor to vehicles for which a repair or restoration permit has been issued as provided hereinafter.
Section 3.02.8.1.6 Temporary Exceptions For Repair And Restoration Permits:
The code enforcement staff are hereby authorized to issue permits for either restoration work on an inoperative vintage or classic car or repair of one inoperative vehicle and a salvage vehicle and such vehicle parts as may be necessary for repair under the conditions established in this section. Code enforcement staff is authorized to deny such permits to an owner if the property on which the work will be done is not in compliance with property maintenance regulations set out in this ordinance. Code enforcement staff is also authorized to revoke any permit if the owner violates the terms of the permit or property maintenance provisions in this ordinance and does not correct the violations within the time prescribed.
A. Repair Permit: The code enforcement staff may issue a thirty (30) day permit to allow the owner of a vehicle to repair that vehicle on his residential premises by salvaging parts/equipment from another vehicle owned by him, without storing and/or working on the vehicles in an enclosed building. There shall be no cost for the permit. Members of the code enforcement staff are authorized to issue one 30-day extension if requested by the permittee in order to complete the repair, provided permittee is in compliance with the terms of the permit and the property maintenance provisions in this ordinance. If no enclosed building is available, storage and work on the vehicles should be accomplished within the confines of a carport or an area screened from public view. When not in an enclosed building and not undergoing actual repair work, both vehicles must be under a car cover which has been specifically made to fit the contours of and cover the entire body of the vehicle; blankets, tarpaulins, or other such makeshift coverings are not allowed. Vehicle parts, equipment, and tools must be neatly stacked and covered when work is not taking place. At the expiration of the permit or its extension period, the salvage vehicle must be removed from the premises or the code enforcement staff may cause a misdemeanor citation to be issued and may also pursue other legal remedies to effect the removal. Nothing herein shall be construed to allow any person to perform such work in order to sell the repaired vehicle to another party.
B. Restoration Permit: The code enforcement staff may issue a one year permit to allow the owner of a vehicle to undertake a project to restore a vehicle as either a "classic" car (a vehicle at least 30 years old) or an "Idaho old timer" (a vehicle manufactured prior to January 1, 1943) to its original condition without storing the vehicle and working on it within an enclosed building. If possible, work must be performed within the confines of a carport or within a screened area. If not kept in an enclosed building, the vehicle must be covered with a car cover as described in subsection A of this section whenever work is not taking place. Members of the code enforcement staff are authorized to issue one 180-day extension if requested by the permittee in order to complete the repair, provided permittee is in compliance with the terms of the permit and the property maintenance provisions in this chapter. At the expiration of the permit or its extension period, if the vehicle is not fully restored to working condition, the owner must either store the vehicle in a fully enclosed building or remove the vehicle from the property. Failure to do so may result in issuance of a misdemeanor citation and the city may pursue other legal remedies to effect the removal.
Section 304.14 Insert: June 1 to September 30.
Section 602.3 Insert: October 1 to May 30.
Section 602.4 hereby is deleted.
Chapter 9 hereby is added as follows:
Chapter 9
Conflict Of Ordinances
Section 901 In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the city existing on the effective date hereof, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall control.
Section 902 It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenant deed or other private agreement.
Section 903. In cases where two (2) or more provisions of this chapter disagree, the most stringent or restrictive shall control.
(Ord. 2071, 6-19-2007)