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ARTICLE 3
ACCUMULATIONS OF REFUSE PROHIBITED; APPEARANCE OF COMMERCIAL PROPERTIES
ACCUMULATIONS OF REFUSE PROHIBITED; APPEARANCE OF COMMERCIAL PROPERTIES
(Rep. by Ord. 2958, 3-3-2014)
ca59 ARTICLE 5
BURNING OR DUMPING OF RUBBISH AND OTHER MATERIALS
(Rep. by Ord. 2335, 9-5-2000)
(1) Created; Membership:
A. There is hereby created a Solid Fuel Heating Appliance Appeals and Advisory Board for the purpose of hearing and deciding all appeals from a denial by the Fire Marshal or designee of a solid fuel heating appliance permit as is required by this Article. The Solid Fuel Heating Applicance Appeals and Advisory Board shall consist of three (3) members, appointed by the Mayor with the advice and consent of the Council. The members of the first Board shall be appointed as follows in paragraph B.
B. One (1) member shall be appointed for a period of one (1) year, one (1) member for a period of two (2) years and one (1) member for a period of three (3) years. Thereafter, the Mayor shall appoint each year one member to take the place of the retiring member on said Board, and said appointment shall be for a period of three (3) years. In the event, however, that any member of the Board shall resign or through death or disability cease to be a member of said Board, the Mayor may appoint a successor, with the Council's approval, to finish out the unexpired term.
(2) Qualifications: All persons appointed to membership on the solid fuel heating appliance appeals and Advisory Board shall be duly qualified voters in the City; provided, however, one such appointed member may reside outside the City and does not have to be a qualified voter in the City.
(3) Organization: The Board shall be appointed and meet when required to hear appeals from denials of solid fuel heating appliance permits as provided in this Article. The Board shall organize within ten (10) days following its appointment and, at its first meeting, elect one of its members as Chairman. The Chairman shall then appoint one as Vice-Chairman, and one as Secretary. All officers shall hold office during the pleasure of the Board. The Secretary shall be required to keep an accurate record of all proceedings of the Board. The Board shall report to the Council all its proceedings, transactions and recommendations upon request.
(4) Powers and Duties: The solid fuel heating appliance appeals and Advisory Board shall hear and decide all appeals from a denial by the Fire Marshal or designee of a solid fuel heating appliance permit as required by this Article. The solid fuel heating appliance appeals and Advisory Board may recommend to the Fire Marshal, inspection and enforcement criteria associated with this Article. The City Council, as it deems necessary, may adjust the solid fuel heating appliance permit fee as set by the Caldwell Fire Department's Fire Marshal. (Ord. 1779, 4-18-88; 1994 Code)
(1) Permit to Install Required: It shall be unlawful for any person in the City to install a sold fuel heating appliance in any new or existing structure until first procuring from the Fire Department a solid fuel heating appliance permit.
(2) Dealer, Installer Permit Required: It shall be unlawful on or after July 1, 1988, for any person in the City to offer to sell or sell for installation in any new or existing structure, or to install or be installed in any new or existing structure, a solid fuel heating appliance which has not been certified by the Oregon Department of Environmental Quality (DEQ). The owner of the solid fuel heating appliance shall be required to provide proof of the appliance's being certified by the Oregon Department of Environmental Quality.
(3) Denial of Permit or Exemption:
A. Authorized: Upon a showing of sufficient cause to believe that grounds exist for denial of a permit or exemption from the rules and regulations of the fire department as provided for in this Article, the Fire Marshal or designee may deny said permit or exemption by:
1. Notifying the applicant by certified mail, personal service or substituted service of the grounds for said denial and of the applicant's opportunity to appeal said denial to the Solid Fuel Heating Applicance Appeals and Advisory Board.
2. Failure of a person to actually receive a notice sent or served shall not invalidate the denial.
B. Appeals:
1. The applicant, upon receiving notice of the denial, may appeal said denial by making application for a hearing before the Solid Fuel Heating Applicance Appeals and Advisory Board within ten (10) working days of receipt of the above notice.
2. The hearing shall be before the Solid Fuel Heating Applicance Appeals and Advisory Board. At such hearing, the applicant may present evidence, call witnesses and be represented by counsel. Within ten (10) working days after the date of the hearing, the Solid Fuel Heating Applicance Appeals and Advisory Board shall either:
(A) Approve the denial by the Fire Marshal or designee; or
(B) Allow the issuance of the permit or exemption with modifications or conditions as the Board may impose. Such modifications or conditions to be reasonably related to the use of the permit or exemption and in compliance with the uniform Fire code 1 and other City Codes.
3. The decision of the Board on a denial shall be final and conclusive. Appeal from a decision of the Board must be made to the District Court of Canyon County. (Ord. 1779, 4-18-88; 1994 Code)
Notes
| 1 | 1. See chapter 8, article 13 of this code. |
ARTICLE 9
WEEDS
WEEDS
(Rep. by Ord. 2923, 4-15-2013)
JUNK VEHICLE: Partially dismantled, wrecked, discarded or otherwise nonoperating motor vehicles or parts thereof. Also includes, but is not limited to, trucks, mobile homes, trailers, travel trailers, coaches, farm vehicles and machinery and/or bodies or major parts.
NUISANCE: Any condition or use of premises which is detrimental to the premises of others or which causes or tends to cause material diminution in the value of other premises in the neighborhood or which creates a condition tending to promote blight and deterioration, to invite plundering, to create fire or traffic hazards, to constitute an unattractive nuisance, to create a harborage for rodents and insects or be otherwise injurious to the health, safety and general welfare of the inhabitants of the city. The term nuisance shall specifically include, but not be limited to, the following conditions, and/or matter:
(1) The proliferation and/or growth of weeds which:
A. Are over eight inches (8") in height;
B. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or
C. Are designated as noxious weeds by the state of Idaho.
(2) Graffiti, on any surface.
(3) Nuisance materials on the ground, whether leaked, drained, seeped, dripped, sprayed, or dumped, except that this shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right of way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the city or other governing authority.
(4) Snow, ice, vegetation, weeds, personal property of any kind, or any other object or material on any public sidewalk or any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the city or other governing authority.
(5) Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition.
(6) Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition.
(7) Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property.
(8) The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises.
SOLID WASTE: All useless, unwanted or discarded putrescible and nonputrescible wastes. Solid waste includes, but is not limited to, garbage, refuse, rubbish, ashes, trees, shrubs, grass and lawn clippings, dead trees or branches thereof, waste wood, wood chips, shavings, sawdust, dead plants, weeds, leaves, street cleanings, construction and demolition wastes, printed matter, paper, pasteboard, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, boxes and other products such as are used for packaging, wrapping, crockery and glass, cinders, floor sweepings, mineral or metallic substances, animal carcasses, offal, car bodies, construction debris, stoves, refrigerators, washing machines, dryers, furniture, scrap metals, car parts, tires, sewage treatment residue and other residential, commercial, industrial and agricultural wastes. Solid waste, as herein defined, excludes materials that are known as hazardous waste and governed by the environmental protection agency, or its agents, and its regulations.
WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. (Ord. 2913, 10-15-2012; Ord. 2958, 3-3-2014)
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