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(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)
The purpose of this article is the protection of the health, safety, and welfare of the residents of the city. It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308 are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effect thereof. Now, therefore, it is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the residents of the city, and this article shall be liberally construed to effectuate that purpose. (Ord. 2456, 1-21-2003)
For the purpose of this article, the following definitions shall apply:
CITY: Caldwell, Idaho, or the area within the city of Caldwell, Idaho.
COMMON AREA(S): The area of a facility, complex, apartment unit, hotel, motel or the like that is open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars, and other areas within the facility that are either construed or designed for use in this manner.
LOUD AMPLIFICATION DEVICE: Any equipment designed or used for sound production, reproduction, or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loudspeaker, public address (PA) system, sound amplifier, or comparable sound broadcasting device.
PERSON: Any individual, association, organization, or entity having legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.), each individual unit shall be considered a separate residence for the purpose of this article.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 2456, 1-21-2003)
Between the hours of eleven o’clock (11:00) P.M. one day and seven o’clock (7:00) A.M. the next day, it shall be unlawful for any person, or business to make, cause, or allow loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. “Loud or offensive noise” is that which is plainly audible within any place of residence, business, hospital, farm property with animals, or restaurants other than the source of the sound at a distance of one hundred fifty feet (150') or more from the source of such sound. There shall be some exceptions to the noise prohibition hours, which shall be as follows:
(1) Events planned, coordinated and wholly sponsored and conducted by the city and that are held in Caldwell Memorial Park may exceed the hour of eleven o’clock (11:00) P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o’clock (1:00) A.M. on Fridays and/or Saturdays only.
(2) Events or activities, regardless of who plans, sponsors and conducts them, that take place within the downtown core area may exceed the hour of eleven o’clock (11:00) P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o’clock (1:00) A.M. on Fridays and/or Saturdays only. The downtown core area is that area between, and including, the southerly side of Cleveland Boulevard to the southerly side of the railroad tracks and from the westerly side of 5th Avenue to the westerly side of 10th Avenue.
(3) Events or activities, regardless of who plans, sponsors and conducts them, that take place within the Caldwell Event Center area and the Caldwell Entertainment Center area may exceed the hour of eleven o’clock (11:00) P.M. for loud noise as defined herein and said loud noise may continue to the hour of one o’clock (1:00) A.M. on Fridays and/or Saturdays only. The Caldwell Event Center area is that area between, and including, the northerly side of Cleveland Boulevard to the southerly side of the railroad tracks and from the easterly side of S 21st Avenue to the westerly side of E Linden Street. The Caldwell Entertainment Center area is that area between and including the southerly side of the Boise River to Centennial Way, and from the railroad tracks to I-84.
(Ord. 2877, 6-20-2011; Ord. 3636, 11-4-2024)
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