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(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)
(1) Nuisances Prohibited: It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right-of-way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right-of-way, or infrastructure, including sidewalks, streets, gutters, or storm drains.
(2) Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, whether a natural person or persons or an entity of any kind, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. (Ord. 2913, 10-15-2012)
(1) Request For Voluntary Compliance: If it is determined by a Code Enforcement Officer that a nuisance exists on any property, the Code Enforcement Officer shall cause a written request for voluntary compliance to be issued to the owner, occupier, or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the nuisance existing thereon, request voluntary action to eliminate the nuisance, and establish the time period for voluntary elimination of said nuisance, which shall be ten (10) days from the date of the request for voluntary compliance. No request for voluntary compliance shall be issued for subsequent violations of the same type.
(2) Intent Of Abatement Notice: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, a Code Enforcement Officer finds that a nuisance still exists on any property, or in the event of subsequent or continuing violations, the officer shall cause an intent of abatement notice to be issued to the owner, occupier, or person in control of such property. Such intent of abatement notice shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Code Enforcement Officer shall issue such intent of abatement notice to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: (Ord. 3171, 8-20-2018)
A. By personal service upon such owner, occupier, or person in charge or control of the property; or
B. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
C. By posting such notice and order at a conspicuous place on the property. (Ord. 2913, 10-15-2012)
(3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, however, the Code Enforcement Officer may require summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety.
(4) Appeal: Within four (4) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, or person in charge or control of the subject property may appeal to the City Council by filing a written appeal with the City Clerk, which appeal shall enumerate the grounds for appeal. The City Clerk may schedule such appeal for hearing at the next regular meeting of City Council. City Council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the City Council shall be final. If the City Council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. (Ord. 3171, 8-20-2018)
(5) Criminal Penalties: If, following notice of violation and order to abate, any person allows the existence of a nuisance to continue, such person shall be guilty of a misdemeanor. Each and every day in which any such violation continues may be deemed a separate offense. Peace officers and Code Enforcement Officers shall have the authority to issue citations to violators of this section. (Ord. 3002, 6-15-2015)
(6) Civil Penalties: In addition to any other penalties described in this article, the city may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. (Ord. 2913, 10-15-2012)
(7) Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with the intent of abatement notice. The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures: (Ord. 2923, 4-15-2013)
A. Recovery Of Abatement Costs And Fees: Within thirty (30) days of abatement of the nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative fee as established by fee schedule.
B. Nonpayment Of Abatement Costs: If full payment is not made to the city within thirty (30) days of the mailing of the billing statement requiring payment of abatement costs and fees, the city may:
1. Attempt to recover such amount through the city bill collection procedures; and/or
2. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the city clerk is not made within thirty (30) days after mailing the notice of special assessment, the assessment shall be declared delinquent and shall be certified, including a ten percent (10%) late fee, to the Canyon County assessor by the city clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk shall file a release of lien with the Canyon County assessor.
(8) Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. (Ord. 2913, 10-15-2012)
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