ORDINANCE NO. 3602 Bill No. 40

AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 5, ARTICLE 1, SECTION 05-01-03, OF CALDWELL CITY CODE, PERTAINING TO TEXT AMENDMENTS REGARDING SIDEWALK REPAIRS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.

BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:

Section 1.   That Chapter 5, Article 1, Section 05-01-03 of the Caldwell City Code is hereby amended to the following:   

05-01-03: REPAIRS:

    (1)   Council-Directed Repairs: The City Council may deem any sidewalk on any of the City streets unsafe or dangerous. It may, by resolution passed by a two-thirds (2/3) majority of all the members elected to the Council, order such sidewalk replaced or repaired and assess the cost and expense of replacing or repairing same against the property in front of which the same shall be replaced or repaired.

    (2)   Notice Required: Notice to repair or replace any sidewalk on any street shall be given to the property owners by the City Council in front of whose property the sidewalk has been ordered replaced or repaired. Said property owner shall replace or repair the sidewalk within sixty (60) days following the date of notice.

    (3)   When City Makes Repairs: Whenever a sidewalk or any portion thereof which has been ordered replaced or repaired shall not be repaired or replaced within the time specified, then the City shall replace or repair the same by contract and assess the cost and expense thereof in the manner provided by this article. Nothing herein contained shall be construed so as to prevent giving any notice required to be given by this article. (1962 Code, Section 8-1-4; Ord. 1482, 6-20-78; Ord. 1834, 11-6-89)

    (4)   Certain Sidewalk Repairs Paid by City: In order to expedite certain necessary sidewalk repairs, and if sufficient funds are available, the City will schedule and pay for sidewalk repairs of damages not caused by the property owner.

Section 2.    This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law.

Section 3.   This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity.

Section 4.   All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed.

  PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 7th day of May 2024.

APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 7th day of May 2024.

APPROVED:

Jarom Wagoner

Mayor

ATTEST:

Debbie Geyer

City Clerk