Hayden ordinance includes new process for issuing citations
March 24, 2010
Hayden — The new nuisance ordinance and fee schedule revision, approved last week by the Hayden Town Council, will take effect April 1.
The nuisance ordinance was amended to allow the town to impose fines on residents who violate sections of the Hayden Municipal Code relating to alarm systems, garbage and refuse, and weeds and brush. The revised fee schedule was adopted to include the related fines and fees.
Town Manager Russ Martin said that in the past, the Hayden Police Department was responsible for writing nuisance citations, but the ordinance now includes an administrative citation process.
"With this new code, the authority is through the town manager's office, which would basically allow anybody in any department, with my request, to write an administrative citation," he said.
Martin said the process allows any department to take a complaint and write an administrative citation.
The nuisance ordinance included some changes from the first reading in January. They were:
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■ Not complying with a weeds violation could result in an administrative citation ($35 for the first offense to as much as $150 per calendar year), fees covering the cost for the town to cut the weeds or pay a contractor to have them cut plus 20 percent, or the town imposing a lien on the property or pursuing criminal prosecution as final options.
■ Allowing the Town Council to annually review and adopt changes to the fee schedule.
■ Removing the parking section, making parking on property allowable as long as it doesn't violate any other town code.
■ Requiring notice for code violations by first-class mail if the property's responsible party can't be reached to be given the violation in person.
The new ordinance allows residents to appeal a code violation within five days of receiving it. There is also a fee to appeal a violation.
Martin said the town wasn't trying to generate revenue with the revised nuisance ordinance. He said he hopes the administrative citation process will make it easier for residents, and absentee property owners, to comply more quickly than the existing criminal process.
The impetus for approving the new ordinance was the Town Council's desire to encourage residents to become compliant with the town code for weed removal.
"The council feels we should have some pride in the way neighborhoods look, even if there are vacant properties," Martin said. "It's not a widespread issue, but it is an issue. We're trying to deal with it this way."
In other action Thursday, Town Council members approved a liquor license transfer and temporary liquor license for Double Barrel Steakhouse, which currently is Creek View Grill on the west side of Hayden. The new owners have said they would like to reopen the restaurant in its new incarnation April 8.
Town Council members also approved removing a handicap parking space on East Jefferson Avenue near Walnut Street. It was located there at the request of SportsMed Physical Therapy, before SportsMed moved to the Haven Community Center. A nearby business owner requested that it be moved.
Council members also approved a zoning amendment and subdivision for the minor subdivision planned on 1.9 acres east of Poplar Street and the West Routt Fire Protection District building by William and Roberta Pero. They also approved the Pagoda Peak minor subdivision, a replat of some lots in The Meadow subdivision near Shady Lane and South Poplar Street that were platted in 2004.