TITLE 1 - ADMINISTRATIVE

SECTION:

Upon adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of the City of Kuna. This City Code of ordinances shall be known and cited as the KUNA CITY CODE, and it is hereby published by authority of the Council and shall be kept up to date as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause, relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents.

The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this Code.

Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code.

It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody an official copy of the City Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the City Clerk. Said Code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the office of the Clerk when directed so to do by order of the City Council.

(1985 Code)

SECTION:

All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances.

No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding section, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable, if any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

(1985 Code)

SECTION:

Whenever any word in any section of this City Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used.

When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.

The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title", "Chapter", "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances.

Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

(1985 Code)

The catchlines of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(1985 Code)

SECTION:

A.

Infraction: A violation of any provision of this Code declared to be an infraction shall be punishable by a fine as provided for in the specific section of the Kuna City Code. For infractions where the fine is not provided, the fine shall be three hundred dollars ($300.00); costs and in addition thereto, any person so convicted shall pay such costs as the court may assess.

B.

Misdemeanor: A violation of any provision of this Code declared to be a misdemeanor is punishable by a fine not to exceed one thousand dollars ($1,000.00) for any offense and such person may be confined in jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess.

C.

Administrative citation fine: All Kuna City Code sections enforceable by administrative citation shall be punishable by a civil fine as follows:

1.

First offenses: A first offense occurs when someone violates this Code without any prior violation of the same section within the past three (3) years. For a first offense, the civil fine shall be fifty dollars ($50.00).

2.

Second offenses: A second offense occurs where a person is found in violation of the same section of this Code within three (3) years from the date the person received an administrative citation that resulted in a first offense. The civil fine for second offenses shall be one hundred dollars ($100.00).

3.

Third offenses: A third offense occurs where a person is found in violation of the same section of this Code within three (3) years from the date the person received an administrative citation that resulted in a second offense. The civil fine for third offenses shall be two hundred dollars ($200.00).

4.

Subsequent offenses: A subsequent offense occurs where a person is found in violation of the same section of this Code within three (3) years from the date the person received an administrative citation that resulted in a third or subsequent offense. The civil fine for such subsequent offenses shall be three hundred dollars ($300.00).

5.

An administrative citation that is dismissed cannot be a basis for a second, third, or subsequent offense.

D.

Administrative citation fine for violation of Title 11 Chapter 2: For violations of Kuna City Code Title 11 Chapter 2—Stopping, Standing, or Parking, the fine shall be twenty-five dollars ($25.00) for a first offense, fifty dollars ($50.00) for a second offense, and one hundred dollars ($100.00) for third or subsequent offenses.

(Ord. 2008-02, 4-1-2008; Ord. No. 2016-29, § 1, 9-6-2016; Ord. No. 2024-17, § 2, 7-2-2024)

The penalty herein provided shall be applicable to every section of this Code the same as though it were a part of each and every separate section, unless a violation of such section shall be declared to be an infraction. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues.

In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.

(Ord. 2008-02, 4-1-2008)

No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(1985 Code)

SECTION:

A.

The city council of the City of Kuna has a significant interest in ensuring compliance with its laws and finds that there is a need for an alternative method for enforcement of violations of the Kuna City Code and for violations of orders or requirements imposed on any permit issued or approved by the city.

B.

The city council finds that adoption of an administrative citation program is an effective method for enforcement.

C.

The primary purpose and intent of the city council through adoption of this program is to:

1.

Foster timely compliance with the law in order to protect public health, safety, and welfare;

2.

Provide for a process that is open and fair and that allows for a imposition, review, and appeal of administrative citations and fines imposed;

3.

Reduce the delay and expense of enforcing the Kuna City Code through the current options of criminal prosecution or civil litigation while still providing due process to responsible parties;

4.

Avoid overloading criminal and civil courts with minor offenses related to the violation of City Code; and

5.

Deter frivolous challenges to administrative citations and facilitate prompt collection of fines.

D.

The procedures herein are adopted pursuant to Idaho Code § 50-302 which gives authority to the council to enforce ordinances by fines as the council may deem proper.

E.

The determination by the City to impose, enforce, collect and provide administrative review of administrative fines pursuant to this section is solely at the City's discretion and is only one (1) option available to the City. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies available to the City. By adopting this administrative citation program the Council does not intend to limit the ability of the City to use any other remedy, civil or criminal, which may be available in a particular case.

(Ord. No. 2024-16, § 2, 7-2-2024)

ADMINISTRATIVE CITATION: A notice of violation of Kuna City Code issued by an enforcement officer.

ADMINISTRATIVE COSTS: All direct and indirect costs the City incurs as a result of issuing an administrative citation, performing an informal review, or conducting an administrative citation hearing. Such costs include but are not limited to investigating violations, issuing an administrative citation, reviewing and processing documentation during an informal review, preparing and sending notice and decisions, scheduling hearings, and conducting an administrative citation hearing.

ADMINISTRATIVE FINE: The fine or penalty imposed on the responsible person for a violation of this Code enforceable by an administrative citation. The amount of this fine may be set forth in the specific chapter or section of this Code that a responsible party has violated, or where no specific penalty is set forth in the chapter or section violated, in an amount defined for administrative citations in Kuna City Code section 1-4-1.

ADMINISTRATIVE HEARING OFFICER: A decision-maker selected and appointed by the mayor. A city employee may serve in this capacity so long as (1) such employee was not personally involved in the process of investigating or issuing the administrative citation under review, (2) the employee does not report to the enforcement officer who issued the administrative citation, (3) the employee does not make financial budgeting decisions for the City, and (4) does not have a financial interest in the outcome of administrative citations.

ENFORCEMENT OFFICER: Any police officer, inspector, code enforcement officer, or other employee or agent of the City having the power to issue an administrative citation.

RESPONSIBLE PARTY: Any person who can be categorized as follows:

A.

A person who violates a provision of City Code;

B.

A person who causes or materially contributes to the causation of violation of City Code;

C.

A person who maintains or allows an ongoing or continuing violation of City Code by his or her action or inaction;

D.

A person whose agent, employee, or independent contractor causes or materially contributes to the causation of violation of City Code;

E.

An on-site manager of a business who is responsible for the activities occurring at the premises, and the business activities violate a provision of City Code;

F.

A trustee or other person who is given the legal authority to manage property on behalf of another, and conduct or circumstances related to the management of the property result in a violation of a provision of City Code;

G.

A person who is a parent or guardian having custody and control of a minor who contributes to the violation of City Code; or

H.

A person who is the owner of, or who exercises control over, or any lessee or sub-lessee with the current right of possession of, real property where a property related violation of City Code occurs or continues to occur.

(Ord. No. 2024-16, § 2, 7-2-2024)

Whenever an enforcement officer determines that a violation of City Code has occurred or is occurring, the enforcement officer is authorized to issue an administrative citation to the responsible person(s). If the responsible person is a minor, the enforcement officer is authorized to issue an administrative citation to the parent(s) or guardian(s) having custody and control of the minor.

A.

An administrative citation shall include the following information:

1.

A reference to the applicable section of the Kuna City Code that has been violated;

2.

A brief description of the action or inaction of the responsible party constituting the grounds for the citation and the date, time, and location of the violation;

3.

The fine for the violation(s);

4.

Whether the violation constitutes a first, second, third, or subsequent offense;

5.

Notice that the fine must be paid within fourteen (14) days of receipt of the citation per Kuna City Code section 1-4A-5(1) and describe the available methods for payment;

6.

Notice that the responsible party may request an informal review of the citation through city clerk's office, and identify the deadline for making such request; and

7.

The date the citation is issued and the name and signature of the enforcement officer.

B.

The city may dismiss an administrative citation at any time if it is determined to have been issued in error.

(Ord. No. 2024-16, § 2, 7-2-2024)

A.

Personal service: In any case where an administrative citation is issued to an individual, the enforcement officer shall:

1.

Make reasonable efforts to locate the responsible party and personally serve the administrative citation on the responsible party or parties. If the responsible person is a minor, the enforcement officer shall serve the administrative citation on the parent(s) or guardian(s) having custody and control of the minor, and attempt to provide a copy to the minor.

2.

Obtain the signature of the responsible party on the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation and subsequent proceedings.

B.

Service by mail. If the enforcement officer is unable to locate the responsible party for the administrative violation, the administrative citation may be mailed to the responsible party by certified mail. If the responsible party is known to be a minor, the administrative citation shall be mailed to the parent(s) or guardian(s) having custody and control of the minor.

1.

If the responsible party is the property owner where a property related administrative violation occurs, the administrative citation shall be sent to the last known address of the responsible party, and may also be posted at a prominent location (e.g., the primary entrance of a structure) on the property.

2.

If the responsible party is the tenant or other possessor of property where a property related administrative violation occurs, the administrative citation shall be sent to the property address, and may also be posted at a prominent location (e.g., the primary entrance of a structure) on the property.

C.

Service of administrative citations for parking offenses: If the administrative citation relates to the parking of a vehicle, the responsible party shall be either: (1) the operator of the vehicle if the identity of such person is known to the enforcement officer at the time the administrative citation is issued; or (2) the registered owner of the parked vehicle. Service may be accomplished by:

1.

Personally serving the administrative citation on the responsible party according to the process described in subsection (A) of this section; or

2.

Placing the administrative citation on the illegally parked vehicle and mailing a copy to the last known address of the registered owner as provided in subsection (B) above of this section.

D.

Effective date: Service pursuant to subsection (A) of this section shall be deemed effective at the time of personal delivery. Service pursuant to subsection (B) of this section shall be deemed effective on the date the certified mailing is signed by the receiving party, or where the certified mailing is not accepted for any reason, five (5) calendar days following the date of mailing.

(Ord. No. 2024-16, § 2, 7-2-2024)

Upon receipt of an administrative citation, the responsible party has the following options:

A.

Comply with the administrative citation: Upon receipt of an administrative citation, the responsible party shall:

1.

Pay the fine within fourteen (14) calendar days after the effective date of service under Kuna City Code Section 1-4A-4(D); and

2.

Remedy the conditions or conduct (e.g. clean up real property) that violate City Code. Payment of an administrative fine shall not excuse or discharge a failure to correct the conditions or conduct that led to the administrative citation nor shall it bar the enforcement officer from taking any other enforcement action in response to a violation of City Code, including issuance of additional administrative citations.

B.

Request an informal review of the administrative citation. A responsible party may contest the administrative citation by requesting an informal review. Requests for informal review must be actually received by the city within fourteen (14) calendar days of the effective date of service under Kuna City Code 1-4A-4(D) by personal delivery or by mail to Kuna city clerk's office at 751 W. 4 ^th Street, Kuna, Idaho 83634. Failure to timely make such a request shall constitute a waiver of the right to challenge the administrative citation. Submitted requests for informal review must be made on an official form provided by the city.

1.

If, following the informal review, it is determined that the offense charged in the administrative citation did not occur, or that dismissal is in the interest of justice, the administrative citation shall be dismissed and the responsible person notified by mail.

2.

If, following the informal review, the administrative citation is not dismissed, the responsible person shall be notified by mail and informed of the reasons the administrative citation was not dismissed and his or her obligation to pay the administrative fine within seven (7) calendar days of the post-mark on the notice, and of his or her right to request an administrative hearing.

C.

Request an administrative citation hearing to contest the informal review: The responsible party may choose to challenge the outcome of the informal review by submitting a request for an administrative citation hearing. Such request must be actually received by the city within seven (7) calendar days of the post-mark on the notice provided in subsection (B)(2) of this section. Failure to timely make such a request shall be deemed a waiver of the right to an administrative citation hearing. The responsible party must submit a written request on an official form provided by the city, requesting an administrative hearing. Said form, hereinafter referred to as a request for administrative hearing, shall require advance deposit in the full amount of the costs of the informal review fees, estimated administrative hearing costs, and the administrative fine, or written proof of financial hardship as specified in paragraph (1) of this subsection. A responsible party who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the informal review, and the informal review decision shall stand. The responsible party may also be responsible for actual administrative costs assessed under Kuna City Code section 1-4A-6(J)(2), including substitution of a hearing officer pursuant to Kuna City Code section 1-4A-7(C).

1.

Financial hardship: In lieu of the advance deposit required pursuant to this subsection, written proof of financial hardship, which shall be in the form of a declaration signed by the responsible person under penalty of perjury, shall be filed with the city clerk. The declaration shall state that the responsible person earned less than fifty percent (50%) of the median income for the City of Kuna area during the previous tax year, as reported on the responsible person's federal income tax return filed with the Internal Revenue Service. The median income for the applicable year shall be the median household income (or estimated median household income) as determined by the United States Department of Housing and Urban Development for the Boise Metropolitan Area.

2.

Advance deposits will be held by the city in trust until the conclusion of the administrative hearing process. When the responsible party's challenge of the administrative violation is unsuccessful, the advance deposit will be forfeited to the city to pay the administrative fine and the informal review and administrative hearing fees. In the event the responsible party's challenge is successful, the advance deposit will be returned to the responsible party.

D.

In the event a responsible party requests an administrative hearing to contest an administrative citation, the responsible party may also simultaneously request all evidence in the city's possession related to the specific administrative citation. Upon receipt of such a request the city shall provide the responsible party with a copy of all evidence in the city's possession against him or her.

(Ord. No. 2024-16, § 2, 7-2-2024)

A.

Powers of the administrative hearing officer: The administrative hearing officer in accordance with this section has the following powers:

1.

The administrative hearing officer shall determine whether the City Code violation specified in the administrative citation occurred.

2.

The administrative hearing officer shall determine whether the assessed administrative fine is in accordance with the administrative fine schedules.

B.

Qualifications of administrative hearing officer: The officer(s) selected shall:

1.

Be selected and appointed by the mayor to serve as a city hearing officer.

2.

All hearing officers shall make a written disclosure of any conflict of interest or bias in the hearing of any specific administrative citation, to the responsible party.

3.

All hearing officers shall have a minimum of twenty (20) hours of training on topics relevant to the administrative hearing process. Training may be provided through any of the following:

a.

A program conducted by an accredited college or university;

b.

Programming or education conducted by the National Association of Hearing Officials;

c.

An organization established in arbitration or mediation training; or

d.

A program developed and implemented by the city.

C.

Request for disqualification of hearing officer: Any responsible party challenging a hearing officer for lack of impartiality may do so by making a request with the city clerk. Such request shall be in writing and include: the responsible party's name, address, email address, administrative citation number, and an explanation of why the hearing officer should be disqualified. After reviewing the request for disqualification, the city clerk shall determine and provide to the responsible party in writing whether the request for disqualification is granted and their reason therefore. If a substitute is required for a hearing officer due to disqualification or unavailability, a substitute shall be appointed by the city clerk, and the city clerk shall issue notice of a new date for the administrative hearing. The cost of substitution of a hearing officer shall be included in the costs of an administrative hearing pursuant to Kuna City Code Section 1-4A-7(J)(2) to be assessed against the responsible party.

D.

Time for administrative hearing:

1.

The responsible party shall be notified in writing of the date and time of the hearing by mail to the address provided by the responsible party in the request for administrative hearing.

2.

The responsible party may request no more than one (1) continuance, and the sole basis for the continuance shall be for unavailability. The request may be made as follows:

a.

The responsible party shall submit a written request to the city clerk;

b.

The city clerk must actually receive the request no less than seventy-two (72) hours before the hearing; and

c.

The request must state the reason why the responsible party is unavailable.

3.

The administrative hearing officer shall grant a continuance of the hearing date upon a request by the responsible party on a showing of good cause.

4.

The city clerk may initially notify the responsible party by electronic means, if necessary, to timely provide notice on whether the request was granted or denied. Such notice may be followed by written notice if requested by the responsible party.

5.

Should the administrative hearing officer be unavailable for the scheduled hearing, the hearing officer may order no more than one (1) continuance before dismissing the administrative citation.

E.

Failure to attend administrative hearing: If the responsible party fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall find the responsible party in default. A default under this section shall constitute a forfeiture of the administrative fine, administrative hearing fee, and informal review fee deposited with the city, and a waiver of any right to challenge any additional assessed enforcement costs and administrative costs.

F.

Withdrawal of challenge: A responsible party who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this title may request in writing that his or her challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the administrative citation, the city shall cancel the pending hearing. A withdrawal under this subsection shall constitute a forfeiture of the administrative fine, administrative hearing fee, and informal review fee deposited with the city, and a waiver of any right to challenge the assessed enforcement costs and administrative costs.

G.

Effect of financial hardship on failure to attend hearing or withdrawal of challenge: If a financial hardship waiver was granted and the responsible party is in default as provided in paragraph E of this subsection, or a challenge to the citation is withdrawn pursuant to paragraph F of this subsection, the administrative fine and administrative costs shall be due and payable by the responsible person(s) to the city within twenty (20) calendar days following the date that had been set for the administrative hearing.

H.

Procedures at the administrative hearing:

1.

Administrative hearings are informal and inquisitorial in nature, and rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the city.

2.

The responsible party may be represented by an attorney licensed to practice in the State of Idaho.

3.

The responsible party must establish that the administrative citation was issued without a rational connection between the facts and the Kuna City Code provision that was allegedly violated per the information on the administrative citation.

4.

The administrative citation and any additional documents submitted by the enforcement officer prior to the hearing shall be accepted by the administrative hearing officer as prima facie evidence of the respective facts contained in those documents.

5.

The city enforcement officer may attend the hearing but is not required to do so.

6.

The city enforcement officer, if present, shall have the first opportunity to testify and present witnesses and evidence in support of his or her case, including the officer's own testimony. The responsible party shall then have the same opportunity.

7.

All witnesses are subject to questioning from the enforcement officer, responsible party (or their attorney), and from the hearing officer.

8.

Nothing shall preclude the use of telephonic or other electronic means of communication as the venue for the administrative hearing if deemed appropriate by the administrative hearing officer.

I.

Decision of the administrative hearing officer: After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered by the administrative hearing officer is not exclusive and does not preclude or foreclose the city from pursuing any and all other remedies provided by law.

1.

Contents of decision: The decision shall include the following determinations:

a.

Determine whether it is more likely than not that the violation of Kuna City Code alleged in the administrative citation occurred and that the responsible party is in fact legally responsible for such violation.

b.

Determine whether the correct administrative fine was charged for the Kuna City Code violation at issue. This includes a determination whether or not the offense at issue was a first, second, third, or subsequent offense pursuant to Kuna City Code Section 1-4-1.

c.

For City Code violations that are on-going/continuing violations, determine whether or not the violation has been corrected as of the date of the hearing, and if not corrected, order correction of the violation by a date certain. Such date certain shall not be more than fifteen (15) days after the written decision is issued.

2.

Service of decision: The hearing officer's decision shall be served on the responsible party by first-class mail, postage prepaid, at the address he or she provided in the request for administrative hearing.

J.

Deposit of administrative fines and costs following decision:

1.

Deposited fines and fees: If the administrative hearing officer upholds an administrative citation, the fines and fees deposited by the responsible party with the city prior to the hearing shall be immediately forfeited to the city. If the hearing office dismisses the administrative citation, the fines and fees deposited with the city prior to the hearing shall be promptly returned to the responsible party. If requested by the responsible party, the city shall include interest on any returned deposit, and interest shall be calculated at the legal rate of interest set forth in Idaho Code.

2.

Administrative costs: The hearing officer's decision shall assess whether the actual administrative hearing costs exceed the estimated fee deposited by the responsible party in accordance with Kuna City Code section 1-4A-5(D). If the city's actual costs exceed the responsible party's deposit, the hearing officer's decision shall require the responsible party to pay the actual costs of the administrative hearing. The responsible person(s) shall pay such additional fees to the city within twenty (20) calendar days of receiving the hearing officer's decision. If the actual costs are less than the responsible party's deposit, the hearing officer's decision shall require the city to promptly refund to the responsible party the portion of the fee that exceeded the city's costs.

(Ord. No. 2024-16, § 2, 7-2-2024)

A.

Fines or fees related to administrative citations shall be paid to the city clerk's office.

B.

Interest shall accrue at the legal rate of interest set in Idaho Code for any administrative citation fine, informal review fee, or administrative citation hearing fee which remains unpaid for ten (10) or more days after the due date, which interest shall be added to the fine or fee amount.

C.

All fines and fees shall be payable to the city and deposited in the city's general fund, unless the payment is made pursuant to an ordinance that provides otherwise. Additionally, fines and fees deposited with the city prior to an administrative hearing challenging an administrative citation shall be held by the city in trust, in a separate account from other city funds, until the conclusion of administrative hearing process.

(Ord. No. 2024-16, § 2, 7-2-2024)

A.

Any administrative citation fine or administrative cost unpaid past sixty (60) days shall be sent to collections and will be subject to additional penalties.

B.

If a person has unpaid fines owing to the city at the time said person applies for a license, permit, or any other registration issued by the city, the city may deny the approval of such license, permit, or registration until the fine is paid in full, unless State law provides otherwise.

(Ord. No. 2024-16, § 2, 7-2-2024)

SECTION:

The mayor of the city shall be elected in the municipal election of the city every four (4) years, which municipal election is on the first Tuesday of November, beginning in the year of 1967.

(Ord. 158, 8-15-1967)

State Law reference— IC § 50-602 et seq.

Effective, January 1, 2016, the salary of the mayor shall be sixty-two thousand dollars ($62,000.00) per year, plus city benefits, payable in twelve (12) equal pay periods, as established by the payroll department.

(Ord. 720, 8-16-2005; Ord. No. 2015-10, § 1, 7-21-2015)

A.

Duties: The following shall be deemed the certain duties of the mayor:

The mayor, the superintending and administrative officer of the city, shall devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require. he shall preside at all meetings of the council and shall have a vote when the council is equally divided, and may call special meetings of the council when necessary. He shall appoint all officers and employees of the city, subject to the approval of the council, and have such other powers as provided by law. He shall from time to time provide for the council such information and recommend such measures as he may deem beneficial to the city. He shall examine the grounds of all complaints against any officer of the city to determine existence of a violation or neglect of duty and report to the council the evidence thereof, if deemed sufficient for the removal of said officer. he shall require that every officer, on the expiration of his term of office or resignation or removal, deliver to his successor all assets belonging to such office. He shall perform all other duties required and necessary for the efficient operation of the business of the city, and all other duties imposed by laws of the state.

State Law reference— IC § 50-602 et seq.

B.

Powers: The following shall be deemed the certain powers of the mayor:

1.

Sign documents: The mayor is authorized and empowered to sign, for and on behalf of the city, all contracts, documents and papers to which the city is a party, and to require that the conditions in any instrument are faithfully performed.

2.

Borrow money: The mayor may borrow money on the credit of the city when so authorized by the council.

3.

Police power: The mayor shall have jurisdiction over all places within five (5) miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance or regulation of the city and shall have jurisdiction in all matters, excepting taxation, within one (1) mile of the corporate limits, and over such properties as may be owned by the city without the corporate limits.

4.

Veto power: The mayor shall have power to veto or sign any ordinance passed by the city council; provided, that any ordinance vetoed by the mayor may be passed over his veto by a vote of one-half (1/2) plus one (1) of the members of the full council, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature.

Cross reference— See section 1-6-6 of this title.

5.

Accounts and reports of officers: The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, or to make reports to the council in writing, touching any subject or matter pertaining to his office.

6.

May require aid: The mayor is hereby authorized to call on every male inhabitant in the city over twenty-one (21) years of age to aid in enforcing the laws of the city.

7.

Other powers: The mayor shall have all other powers granted by the laws of the state.

(Ord. 158, 8-15-1967; amd. 1985 Code)

SECTION:

The legislative authority of the city shall be vested in a council consisting of four (4) members, qualified as provided by law. The council persons of the city shall be elected in the municipal elections of the city for a term of four (4) years at the municipal elections held on the first Tuesday of November beginning in the year 1967. The staggered method presently used shall continue to be followed.

(Ord. 159, 8-15-1967)

State Law reference— IC § 50-701.

A.

Effective January 1, 2006, the salary of the council, except as provided in subsection B, shall be nine thousand dollars ($9,000.00) each per year, payable in twelve (12) equal pay periods.

B.

Effective January 1, 2020, the salary of the council president shall be twelve thousand dollars ($12,000.00) per year, payable in twelve (12) equal pay periods.

(Ord. 720, 8-16-2005; Ord. No. 2019-26, § 1, 8-6-2019)

A.

Regular: The regular meeting of the Kuna City Council shall be held at the Kuna City Hall, 751 W. 4 ^th Street, Kuna, Idaho, commencing at 6:00 p.m. on the first and third Tuesdays of each calendar month. If the regular meeting day is a holiday or a general or special election day held in the city, the regular meeting shall be held on the following day at the regular hour unless postponed one (1) week, by the city council.

B.

Open Meeting Law Posting of Notice of Regular Monthly Meeting Schedule: The city clerk shall post a notice of the regular meeting schedule of the city council as provided in this section at least once each year as provided in IC § 74-204 (1).

C.

Special: The mayor or one-half plus one (1) of the membership of the council may call special meetings, the object of which must be submitted to the members in writing and the call, object and the disposition thereof shall be entered upon the journal by the clerk.

(Ord. 487, 9-2-1997; Ord. 722, 8-23-2005; Ord. No. 2016-06, 3-15-2016; Ord. No. 2016-37, § 1, 12-20-2016; Ord. No. 2018-38, § 1, 11-7-2018; Ord. No. 2019-45, § 1, 11-19-2019)

At the first meeting in January, the council shall, from its members, elect one (1) council person to serve as president of the council for a one-year term.

In the case of a temporary vacancy in the office of the mayor due to absence or disability, the president of the council shall exercise the office of mayor, during such disability or temporary absence, until the mayor shall return.

The president of the council shall meet with the mayor on a monthly and/or as needed basis, shall serve as the mayor's designee when requested, and shall serve as a mentor to other council members, generally to help them with their duties to discuss and state motions on agenda items at regular and special council meetings.

(Ord. 159, 8-15-1967; Ord. No. 2016-37, § 2, 12-20-2016; Ord. No. 2019-27, § 1, 8-6-2019)

Cross reference— See section 1-5-3 of this title.

The following shall be deemed the duties of the city council:

A.

Generally: The members of the city council, the legislative and policy making branch of the government of the city, shall devote so much of their time to the duties of their offices as an efficient and faithful discharge thereof may require. They shall attend all meetings of the council unless lawfully excused therefrom by the mayor or by a majority of the remaining members, perform all duties required of them by law and as may be assigned to committees to which they may severally be appointed by the mayor.

B.

Care of funds: The city council shall make provisions for the care and safekeeping of all public funds of the city and for the deposit of the same.

C.

Care of records: The council shall make provisions for an adequate record system and, by ordinance, establish a classification for retention of records in accordance with the provisions of title 50, Idaho Code.

(Ord. 159, 8-15-1967)

State Law reference— IC § 50-907.

A.

Presentation and passage: All ordinances of the city shall be typewritten or printed and presented to the council by a member at any regular or special meeting. Every such ordinance shall be read on three (3) different days, two (2) readings of which may be by title only and one (1) reading of which shall be in full, unless one-half plus one (1) of the members of the full council shall dispense with the rule. At each reading it shall be open to discussion and amendment or may be referred to a committee unless by majority vote other disposition is made. All ordinances which have been amended shall, after the second reading, be en-grossed by the clerk as amended. On final passage, the yeas and nays shall be called and recorded and a concurrence of a majority of the full council shall be required for passage.

When any such ordinance is passed, it shall be signed by the clerk and the date of its passage by the council shall be added thereto, and it shall, within three (3) days thereafter, be presented to the mayor, or in case of his absence from the city, to the president of the council for his approval. If he approves the same, he shall attach his signature thereto.

B.

Passage over veto: Should the mayor not approve the ordinance, he shall, before the next regular meeting after such ordinance is presented to him for his approval, return the ordinance to the council with his objections in writing. When any ordinance is so returned by the mayor, it shall be reconsidered by the council at the first regular meeting thereafter. If, on such reconsideration, one-half plus one (1) of the members of the full council shall vote in the affirmative, the ordinance shall become a law notwithstanding the mayor's veto. The clerk, in such cases, shall annex a certificate to the ordinance stating the same was vetoed by the mayor and that, on its reconsideration, it received the required majority of votes.

Should the mayor refuse or neglect to sign such ordinance and fail to return the same with his objections in writing at the next regular meeting after the same has been presented to him, it shall become the law without his signature. The clerk shall annex to such ordinance a certificate to the effect that the mayor has failed to sign or veto the same, and it has therefore become a law without his signature. (See subsection 1-5-3B4 of this title.)

C.

Preservation of ordinances: It shall be the duty of the city clerk to safely keep the original ordinances as engrossed, and after final passage, he shall copy the same at length in a book to be known as "Ordinance Book of the City of Kuna", which book is to be provided by the council for that purpose and shall be kept as a permanent record of the city.

(Ord. 159, 8-15-1967; amd. 1985 Code)

In the event an office of the council shall become vacant, through death, removal of residence or for any other cause, the mayor shall appoint, with the approval of the council, a resident of the city to fill the unexpired portion of the term until the next general election, at which time the unexpired term shall be filled by regular election.

(Ord. 159, 8-15-1967)

The following rules are hereby established, shall be observed in the conduct of any public hearing before the city council, planning and zoning commission, design review committee, or any city standing or ad hoc committee (a "city agency") authorized to conduct public hearings, and shall be known as the "public hearing rules of procedure".

A.

No person shall be permitted to testify or speak before a city agency at a public hearing, unless such person has written his or her name and address thereafter on a sign-up sheet provided by the city or unless such person has been recognized and authorized by the presiding chairman to speak. This rule shall not apply to staff or technical witnesses directed by the presiding chairman to testify or provide evidence at the public hearing.

B.

No person shall be permitted to speak before a city agency at a public hearing until such person has been recognized by the presiding chairman and has clearly stated for the record their name, address, and interest in the matter.

C.

All public hearing proceedings shall be recorded electronically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be included in the record of the proceedings and the clerk of the proceedings shall notify speakers when they are not in compliance.

D.

The following is the general public hearing time limits, unless a special hearing time limit is otherwise established by majority vote of the members of the city agency, for speakers [not including time for questions and response] is as follows:

Staff presentation: Fifteen (15) minutes; and

Applicant representative: Ten (10) minutes, and

Public testimony: Three (3) minutes; and

Applicant rebuttal testimony: Five (5) minutes.

Persons called to testify by the city agency members to respond to their questions are not subject to these time limits.

No testimony will be received after the approval of a motion to close evidence presentation and proceed to deliberation.

Any special time limit established by the city agency shall consider, but not be limited to, the number of speakers who sign up for each hearing, providing a fair opportunity for interested parties and persons to present relevant evidence or information, the lateness of the hour at the commencement of the hearing, and the number of hearings left on the meeting agenda, and shall apply only to the speaker's comments.

E.

Any person or applicant who wishes to speak and who also wishes to present any documents and other forms of physical evidence not already in the record of proceedings must provide the same to the clerk of the proceedings prior to the commencement of the receipt of testimony so the same may be marked as an exhibit by the clerk which shall be identified by the speaker during their testimony; and any electronic displays or presentations must be provided prior to the meeting and prior to the distribution of the agenda and supporting documents to the governing body. No late electronic submissions will be allowed and no non-city produced external disc or external drive will be permitted to be used on city equipment. Any paper copies must be in a size that is clearly viewable by the governing body and attendees of the meeting from a minimum distance of ten (10) feet or individual copies may be provided and, in a quantity, to provide a copy for all members of the governing body, staff and any public in attendance.

F.

Speakers should not be interrupted by members of the city agency so long as the speaker's comments are related to the subject matter of the hearing until an imposed time limit has been reached.

G.

At the conclusion of a speaker's comments, each member of the city agency, when recognized by the presiding chairman, shall be allowed to question the speaker, and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit, if one has been established.

H.

Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Any person refusing to comply with such prohibition may be removed from the room by order of the presiding chairman.

I.

All decisions made or actions taken by a city agency shall be initiated by motion of one (1) of its members.

J.

Every motion seconded by another member shall proceed to a vote unless such motion be withdrawn by the maker of the motion prior to the vote. Every motion failing to receive a second shall die without a vote.

K.

There shall be five (5) recognized public hearing motions which can be made in meetings subject to these rules, and listed in priority order in the event more than one (1) motion is pending, such motions are:

1.

Motion to open the public hearing;

2.

Motion to suspend or amend these rules;

3.

Motion for recess and continuance of the public hearing for matters as specified to a time and date certain;

4.

Motion to close evidence presentation and proceed to deliberation;

5.

Motion to take action as is relevant to the deliberation and when relevant a direction to prepare findings of fact, conclusions and law and order of recommendation or decision for approval at the next scheduled meeting.

L.

City agency members shall disclose potential conflicts of interest they may have regarding the subject matter of the public hearing. They may ask the city attorney for an opinion as to whether or not they have a conflict of interest under law. A member with a conflict of interest; and additionally, in a quasi-judicial proceeding, who discloses that they will be unable to make a fair and impartial determination of the facts at issue based solely upon the evidence presented at the hearing, shall recuse themselves and request permission from the presiding chairman to absence themselves from the hearing. A member for any other reason, desiring not to participate in a matter before a public hearing shall advise the presiding chairman of the reason therefor. A vote of the other members present shall be called by the chairman which shall require a majority vote of the other members of the city agency in order to be excused from the hearing. As all meetings and hearings, except for executive sessions, are open to public view and scrutiny, all deliberations by body members shall be clearly audible in order to be heard by all persons present in the room and capable of being later transcribed.

M.

For legislative matters, testimony and other information may be received by the body in any order chosen by the presiding chairman.

N.

For quasi-judicial matters such as, but not limited to, licensing applications and zoning applications, the presiding chairman shall receive testimony at the public hearing in the following order:

1.

Report to the body by city staff;

2.

Presentation by the applicant;

3.

Testimony of those in support of the application;

4.

Testimony of those neutral toward the application;

5.

Testimony of those opposed to the application;

6.

Rebuttal presentation by the applicant.

O.

The body may suspend or amend any one (1) or more of these rules by vote of one-half (½) plus one (1) of the full body, and the presiding chairman shall have the authority to interpret and apply the foregoing rules. An appeal of such interpretation or application may be made to the city council, which will act on such appeal as expeditiously as it can. Appeals during a council meeting may be decided during the public hearing wherein the question arises, or may be decided at a later date, at the council's discretion.

(Ord. 2008-05, 5-6-2008; Ord. No. 2019-05, § 1, 2-19-2019; Ord. No. 2020-02, § 1, 1-7-2020)

SECTION:

The Agenda for City Council, regular and special meetings, is determined and authorized by the mayor, subject to the laws of the State of Idaho, in accordance with this chapter.

(Ord. No. 2022-21, § 2, 7-5-2022)

A.

City Council meeting agenda requests, public hearing settings and notices, which are initiated by the mayor, city clerk, a city officer (as defined by I.C. § 50-204,) or by a department director, are deemed authorized by the mayor, unless the mayor determines to deny the meeting agenda request.

B.

A continuance of old business items, which the City Council has not completed its consideration and/or action and/or has otherwise continued, are deemed authorized by the mayor.

(Ord. No. 2022-21, § 2, 7-5-2022)

In the event one-half (½) plus one (1) of the members of the full council call for a special meeting, pursuant to I.C. § 50-706, the object of that meeting shall be determined by the call for the special meeting.

(Ord. No. 2022-21, § 2, 7-5-2022)

A.

City Council meeting agenda requests, which are not otherwise specifically authorized by this chapter, require approval of the mayor.

B.

Meeting agenda requests, governed under this section, shall be submitted to the city clerk for the mayor's review and determination to approve or deny in the exercise of the mayor's discretion. Any submitted meeting agenda request, which is governed under this section, shall be deemed to have been denied if the mayor fails to approve and or deny the request. The City Council may set a fee for meeting agenda requests by resolution.

(Ord. No. 2022-21, § 2, 7-5-2022)

SECTION:

The people of this City have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, in accordance with Idaho Code 50-501 and the procedures set forth herein.

A.

Number of Petitions Required: To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the City equal to at least twenty percent (20%) of the total number of voters registered to vote at the last general election in the city.

B.

Time for Filing Petitions: Referendum petitions with the requisite number of signatures attached shall be filed with the city clerk not less than sixty (60) days following the final adoption of the ordinance to be subject to referendum.

A special election for initiative or referendum shall be provided not more than ninety (90) days following the certification of the petition, provided that in the event a Municipal election shall occur within ninety (90) days, the initiative and referendum shall be submitted at the time of the Municipal election.

Referendum and initiative petitions shall conform with the requirements for signature, verification of valid petitions, printing of petitions, and time limits as nearly as practicable as provided in sections 34-1701 through 34-1705, Idaho Code.

(Ord. 289, 5-24-84)

SECTION:

Editor's note— Ord. No. 2016-05, § 1, adopted Feb. 2, 2016, repealed § 1-8-1 entitled "Purchasing Procedure", which derived from: Ord. 139, adopted July 9, 1963; and amd. 1985 Code.

SECTION:

The Corporate Seal of the City of Kuna shall be circular in form with inner and outer circles. The outer circle shall be one and three-eighths inches (1 3/8") and the inner circle one and one-eighth inches (1 1/8") in diameter. Between the two (2) circles it shall bear the words City of Kuna, Idaho, Seal.

The city clerk shall be the custodian of the corporate seal of the city and shall affix said seal's imprint upon all official documents, records, licenses, warrants and/or checks.

(Ord. 161, 8-67)

SECTION:

Any federally insured banking institution located within the city limits of the city of Kuna or the local government state investment pool are authorized depositories of the city. The city treasurer is hereby ordered, required and directed to keep monies belonging to or in the care of the city treasurer in the above authorized depositories; provided, however, that when so authorized by the mayor and council, the treasurer may invest city funds in securities authorized by law.

(Ord. 701, 12-21-2004)

SECTION:

The Idaho Press is hereby designated as the official newspaper of the city, and ordinances, notices, and other publications that are required by Idaho law to be given by publication in the official newspaper shall be published in the Idaho Press. All ordinances, notices and publications which may be published in either the official newspaper or a newspaper of general circulation may be published in either the Idaho Press or the Meridian Kuna Press, which is a subsidiary of the Idaho Press, and also a paper of general circulation within the city.

(Ord. 711, 5-31-2005; Ord. No. 2024-04, § 2, 3-19-2024)

SECTION:

The city of Kuna, Ada County, Idaho (the "City"), does hereby create a public corporation, as authorized by section 50-2703, Idaho Code, to carry out the purposes of the municipal industrial development program act, the same being chapter 27, title 50, Idaho Code (the "Act"). The city reserves the power, as provided in section 50-2703, Idaho Code, to alter or change the structure, organization and programs, or activities of the public operation, or to dissolve the same, at any time.

(Ord. 547, 4-24-2000)

The name of the public corporation shall be the industrial development corporation of the city of Kuna, Idaho (the "Corporation").

(Ord. 547, 4-24-2000)

A.

The corporation shall have all of the powers and shall be subject to all of the requirements and limitations contained in the act and as set forth in this chapter.

B.

The corporation shall have all the powers granted by the act, including, without limitation, all powers set forth in the charter. The corporation shall be subject to all of the requirements and limitations set forth in the act, in this chapter, and in the charter.

C.

The corporation may not operate any industrial development facilities as a business other than as lessor, seller, or lender, but may purchase and hold mortgages, deeds of trust, or other security interests and contract for any servicing thereof.

D.

The city shall not give or lend any money in aid of the corporation except as expressly authorized by the act, nor exercise its powers of sovereignty, including the police power, the power of taxation, or the power of eminent domain, for or on behalf of the corporation. This provision shall not preclude the city from contracting with the corporation for the provision of services to the corporation or otherwise dealing with the corporation on an arms-length basis. The city may, as authorized by section 50-2706, Idaho Code, accept grants from the United States and apply grants in connection with industrial development facilities.

E.

The corporation shall not issue revenue bonds or other financing obligations except upon the approval of the city council of the city. The corporation may not exercise any powers or issue any revenue bonds or other obligations with respect to any industrial development facility unless such facility is located wholly within the boundaries of the city, except as set forth in the act and in the charter.

(Ord. 547, 4-24-2000)

A charter is hereby issued to the corporation by the city, which shall grant to the corporation all powers authorized by the act. A copy of the charter granted hereby is attached to ordinance 547 as exhibit. A and is by reference incorporated herein. the charter may be amended from time to time by ordinance duly adopted by the city. The existence of the corporation shall commence upon the effective date hereof.

(Ord. 547, 4-24-2000)

The board of directors of the corporation (the "Board") shall consist of three (3) residents of the city appointed by the mayor and confirmed by the city council. Of the members first appointed, one member shall be appointed for a term of one year, one for a term of two (2) years, and one for a term of three (3) years. Thereafter, upon expiration of the initial term of appointment, each member shall be appointed to a three (3) year term. If a vacancy occurs during an unexpired term, the mayor shall appoint a member to serve the remainder of the unexpired term. Each member shall serve until his or her successor is appointed and qualified. A majority of the members of the board shall constitute a quorum, and the approval of a majority of a quorum shall be necessary for the board to take any action.

(Ord. 547, 4-24-2000)

The business affairs of the board shall be conducted and carried out by the board. The board shall elect officers from among its own members, which officers shall serve until their successors have been duly elected. Officers shall include a president, vice president, and a secretary-treasurer. An officer may hold more than one office. The board shall adopt bylaws, rules, and regulations governing the conduct of the corporation, which may be amended from time to time by the board. Members of the board shall serve without compensation, but may be reimbursed for actual and necessary expenses as provided by the bylaws, rules, and regulations of the board.

(Ord. 547, 4-24-2000)

No director, officer, agent, or employee of the corporation shall have, directly or indirectly, any financial interest in any property to be included in, or any contract for property, services, or materials to be furnished or used in connection with, any industrial development facility financed through the corporation.

(Ord. 547, 4-24-2000)

Any net earnings of the corporation beyond those necessary for retirement of indebtedness incurred by it shall inure to the city and not for the benefit of any other person. Upon dissolution of the corporation, as provided by the act, title to all property owned by the corporation shall vest in the city.

(Ord. 547, 4-24-2000)

SECTION:

The City of Kuna shall be divided into five (5) precincts which shall each and respectively comprise that portion of the city set forth as follows:

(A)

Precinct 117 shall comprise and include all of that part of the city described as follows:

Designate that portion of County Precinct 109 that has been annexed into the City of Kuna as part of City Precinct 117.

(B)

Precinct 122 shall comprise and include all of that part of the city described as follows:

See Precinct map attached to the ordinance codified herein, on file with the city, dated September 15, 2010 identified as Exhibit "B".

(C)

Precinct 123 shall comprise and include all of that part of the city described as follows:

Designate that portion of County Precinct 124 that has been annexed into the City of Kuna as part of City Precinct 123.

(D)

Precinct 140 shall comprise and include all of that part of the city described as follows:

See Precinct map attached to the ordinance codified herein, on file with the city, dated September 15, 2010 identified as Exhibit "D".

(E)

Precinct 141 shall comprise and include all of that part of the city described as follows:

See Precinct map attached to the ordinance codified herein, on file with the city, dated September 15, 2010 identified as Exhibit "E".

(Ord. 2007-32, 9-18-2007)

(Ord. No. 2010-30, § 2, 9-21-2010; Ord. No. 2010-30A, § 2, 10-5-2010)

The polls for all general and special city elections shall be open from eight o'clock (8:00) a.m. Mountain Time and remain open until eight o'clock (8:00) p.m. Mountain Time.

(Ord. 2007-23, 6-5-2007; amd. Ord. 2007-32, 9-18-2007)

SECTION:

The purpose of this chapter is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this title consistent with IC § 67-6502 et seq., as amended.

(Ord. No. 2010-07, § 1, 6-15-2010)

The following is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and reference to the process under which the action shall be taken. In the case of concurrent applications requiring action from more than one (1) decision making body, the applications shall be combined and the city council shall be the deciding body with the planning and zoning commission the recommending body. This action would not impose upon the planning and zoning commission the need to recommend development outcomes where they presently are not a recommending authority.

(Ord. No. 2010-07, § 1, 6-15-2010)

(Ord. No. 2010-07, § 1, 6-15-2010; Ord. No. 2011-31, 12-6-2011)

SECTION:

A.

Any person making application for any required license by the City of Kuna where the license has been denied upon administrative review by the city clerk shall be entitled to an appeal hearing according to the procedures, as provided for in this chapter.

B.

All appeals must be filed in writing with the city clerk within ten (10) days from the date of denial.

C.

The city council shall hear all appeals.

D.

The following persons shall be entitled to notice by the clerk under the provisions of this section:

1.

The applicant for a license or permit or renewal of a license or permit;

2.

The person or entity named on an issued license or permit if the matter concerns the revocation, denial, or suspension of a license or permit;

3.

Any other persons or entities entitled to notice, pursuant to ordinance or statute, and the Kuna City Attorney.

E.

Unless required for the disposition of ex parte matters authorized by law, no person entitled to notice shall communicate directly or indirectly with the city council in connection with any issue of fact or matter to be resolved by that governing body, except upon notice to all persons entitled to notice, and according to notice procedures.

F.

Upon receipt of a notice of appeal, the city clerk shall fix a date, time and place certain for the beginning and closing of the hearing. Said hearing shall be scheduled on the next regularly scheduled city council meeting unless additional time is needed by the applicant or the city attorney and in no event shall the hearing be scheduled beyond two (2) regularly scheduled city council meetings.

G.

The city clerk shall issue written notice to the aforementioned that are entitled to such notice. The notice shall include the following features:

1.

A statement of the date, time and place certain for conducting the hearing and nature of the hearing;

2.

A statement of the legal authority that serves as the basis for the hearing;

3.

A reference to the particular sections of the ordinance involved;

4.

A statement of the matters to be resolved.

H.

The city council shall afford all persons entitled to notice opportunity to present evidence and argument on the matters to be resolved. The council shall advise these persons of the amount of time they will be allotted for providing evidence and arguments.

I.

Informal disposition may be made of any matter by stipulation, agreed settlement, consent order or default, unless that action is precluded by law.

J.

The city council shall make a record of the proceeding, which shall include:

1.

The application, staff report and decision that is being appealed;

2.

All papers filed with the city clerk;

3.

The evidence received or considered;

4.

A statement of matters officially noticed;

5.

A verbatim record of all proceedings before the city council;

6.

Proposed facts of findings and conclusions of law;

7.

Any decision, opinion or report created by the city clerk and relied upon in the council proceedings.

K.

Any person entitled to notice may request in writing five (5) days prior to the city council hearing that the oral proceedings be transcribed, at the requestor's expense.

L.

Findings of fact and conclusions of law shall be based exclusively on the evidence admitted and on matters officially noticed.

M.

The city council may exclude evidence determined to be immaterial or unduly repetitious. In addition, all evidence shall be considered according to the Idaho Rules of Evidence. If the applicant intends to submit evidence in written form, the applicant should be prepared to have the author of the written submission available to comment on the same before city council.

N.

The city council shall make findings of fact and conclusions of law as appropriate and provide them in a written report. The city council shall file the report with the city clerk's office, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The city clerk shall transmit a copy of the report to all persons entitled to the notice. The city clerk shall be responsible for the custody of these materials for a period of six (6) months.

O.

Within fifteen (15) working days of the filing of the report with the city clerk, any person entitled to notice may file with the city clerk, written objections to the findings and transmit copies of their objection to all persons entitled to notice.

P.

In the event no objections are timely filed, the city council shall adopt the report of the city clerk at the next regularly scheduled meeting of the city council. In the event an objection is filed, the city council shall, at a specified time and place, hear oral argument of all persons entitled to notice in support of or in opposition to the objections; but, unless specifically ordered by the city council, no new evidence shall be presented at such hearing. The city council shall decide the matter on the record. The city council shall adopt the findings, conclusions and recommendations of the city clerk unless those findings are based on unsubstantiated evidence, the conclusions are erroneous as a matter of law, and/or the recommendations are not supported by the findings and conclusions.

Q.

The decision of the council shall be final and conclusive, unless timely appealed by a person with standing to the district court. An appeal of a city council's decision shall be made within ten (10) working days of the decision to the District Court for Ada County. Decisions before the court shall be on the record.

(Ord. No. 2012-13, § 1, 6-19-2012)

SECTION:

A.

The City of Kuna, Idaho will conduct criminal record background checks as part of its employee application process, licensing for certain types of businesses (as may be required in city ordinance) and volunteer positions.

B.

The criminal records background check includes searching for felony and/or misdemeanor convictions contained in state and/or national criminal databases pursuant to the Idaho Non-Criminal Justice Agency (NCJA) Access Agreement.

C.

The city personnel with responsibility for reviewing reports in the decision-making process will be familiar with the educational materials made available by the department of criminal justice information services (DCJIS).

D.

Applicants or employees will be asked to complete a request form authorizing the city to conduct a criminal record search. The applicant or employee will be provided a copy of the ordinance codified in this chapter.

E.

Where a criminal record check is part of a background check for employment, volunteer work, or licensing purposes, the following practices and procedures will generally be followed:

1.

Applicants or employees will be asked to complete a request form authorizing the city to conduct a criminal record search. The applicant or employee will be provided a copy of the ordinance codified in this chapter.

2.

The city personnel with responsibility for reviewing reports in the decision-making process will be familiar with the educational materials made available by the department of criminal justice information services (DCJIS).

3.

Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant or employee. Rather, determinations of suitability based on criminal record checks will be made consistent with this policy and any applicable law or regulations.

4.

If a criminal record is received, the authorized individual will closely compare the record provided with the information on the disclosure and authorization form and any other identifying information provided by the applicant or employee, to ensure the record relates to the applicant or employee.

5.

If the city is inclined to make an adverse decision based on the results of the criminal background check, the applicant or employee will be notified immediately. The applicant or employee will be provided an opportunity to review his/her criminal record, the city's background policy, and will be advised of the part(s) of the record that make the individual unsuitable for the position or license. The city will provide the applicant or employee with an opportunity to dispute the accuracy of the criminal record.

6.

Applicants or employees challenging the accuracy of a criminal record shall be provided a copy of DCJIS' information concerning the process in correcting a criminal record. If the criminal record provided does not exactly match the identification information provided by the applicant or employee, the city will make a determination based on a comparison of the criminal record and documents provided by the applicant or employee.

7.

If the city reasonably believes the record belongs to the applicant or employee and the record is accurate, then the city will determine if the applicant or employee is suitable for the position or license at issue. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to the following:

a.

The facts or circumstances surrounding the offense or conduct;

b.

Seriousness and specific circumstances of the offense;

c.

The number of offenses for which the candidate was convicted;

d.

Age of the candidate at the time of the offense;

e.

Relevance of the crime to the position sought;

f.

The nature of the work to be performed;

g.

Time since the conviction;

h.

Whether the applicant has pending charges;

i.

Any relevant evidence of rehabilitation or lack thereof;

j.

Any other relevant information, including information submitted by the candidate or requested by the hiring authority.

k.

The city will notify the applicant or employee of the decision and the basis of the decision in a timely manner.

F.

An applicant who has been offered conditional employment or an applicant for a City of Kuna license, as may be required by city ordinance, shall submit to the Idaho State Police, the information, and fingerprints necessary to obtain the criminal history record of the applicant from the Idaho State Police and the Federal Bureau of Investigation.

G.

The city will pay the Idaho State Police for the costs associated with the submission of the fingerprints to obtain the criminal history record to the Idaho State Police.

H.

The fingerprints of the applicant shall be taken by the Idaho State Police, and such fingerprints and all information required by this section shall be on the forms prescribed by the Idaho State Police.

I.

The city attorney, city clerk, and/or city treasurer are authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for city employment or a city license.

J.

As required by state and federal law, further dissemination or other use of the criminal history information is prohibited.

K.

No records obtained pursuant to this chapter shall be disseminated to a private entity or persons not authorized to receive the records as provided for herein.

L.

After review by the authorized city employee(s), said records shall be stored in a secured and locked location, and for the period of time as required by Idaho law.

(Ord. No. 2016-04, § 1, 2-2-2016)

SECTION:

From time to time in the process of the administration of the city's business there is a need to hold funds to secure performance of regulated and/or permitted activity; and there are occasions when persons or entities tender funds to the city as a special project incentive for reimbursement to the city and/or funds otherwise tendered to the city in a custodial capacity; and in such circumstances such funds need to be held and accounted by the city in a separate custodial holding fund which is separate and apart from the city's assets and budget process.

(Ord. No. 2019-12, § 1, 5-7-2019)

This fund shall be known and administered as "City of Kuna Agency Fund," hereinafter in this instrument referred to as the "fund."

(Ord. No. 2019-12, § 1, 5-7-2019)

The treasurer shall place in the fund those funds received by the city under the following circumstances:

A.

To secure performance of a regulated and/or permitted activity; or

B.

Specially tendered to the city as an inducement and as a reimbursement to the city in the performance of a special city project subject first to acceptance by the city council; or

C.

Otherwise tendered to the city as a custodian subject first to acceptance by the city council.

(Ord. No. 2019-12, § 1, 5-7-2019)

A.

Accounting: The city treasurer shall maintain separate accounting of the deposits to this fund in accordance with the regulated and/or permitted activity for which the funds are tendered or pursuant to the directive of the city council in the acceptance of funds to this fund as the case may be.

1.

Not an asset of the city: This fund is a custodial account and not an asset of the city and shall not be included in the city's budget.

B.

Distribution: Distributions from this fund shall be subject to approval by the city council unless otherwise provided by city regulation or permitting which is applicable to a deposit made to secure performance of regulated and/or permitted activity as authorized by the city council in the ordinary course of the city's business.

(Ord. No. 2019-12, § 1, 5-7-2019)

A.

Fund account guidelines: The treasurer shall account, by separate line item, for all deposits made involving regulated and/or permitted activity and shall also establish a sub-funds within this fund for the acceptance of tendered funds which required the approval of the city council.

B.

Fund investment guidelines: This fund's investment guidelines are as follows: the principle shall be invested in accordance with the policy established by the city council.

C.

Fund income: The income (i.e., interest) generated by the fund's investment of the principal shall be transferred from this fund monthly to the city's general fund in order to offset the costs incurred by the city in the administration of this fund.

(Ord. No. 2019-12, § 1, 5-7-2019)

SECTION:

The Public Depository Law, set forth in Chapter 1 of Title 57, Idaho Code, governs the management of the city's public funds, and it is the intent of this chapter to establish a policy to provide guidance to the treasurer and the city council in compliance with the law.

(Ord. No. 2019-12, § 2, 5-7-2019)

All city funds shall be deposited by the treasurer in a qualified depository designated by the city council.

A.

As provided and required by Idaho Code § 57-110, a qualified depository includes any national bank, state bank, trust company, federal savings and loan association, state savings and loan association, the Idaho Local Government Investment Pool, federal credit union or state credit union which lies within the boundaries of the city and otherwise complies with Idaho Code § 57-113.

B.

When there is more than one (1) qualified depository; the process for designation shall be upon recommendation of the treasurer after competitive bidding or by other means acceptable as a standard business practice.

1.

The type of account upon designation shall be a demand deposit account, except for surplus or idle city funds as designed by the city council.

(Ord. No. 2019-12, § 2, 5-7-2019)

The city council shall, at least once every six (6) months, certify to the treasurer the city's capital and surplus or reserves and unallocated or undivided earnings, funds as applicable, of each public depository, which funds are not needed for anticipated expenditures of the city for the period of time so certified using and delivering a copy to the treasurer of the completed certification.

A.

Investment options: The treasurer, having been served with a completed certification, the treasurer is then authorized and empowered to invest the certified funds in investments permitted by section 67-1210, Idaho Code, for the certified period.

1.

Investment consideration: The following are the guidelines to the Treasurer for investments made pursuant to this policy and in accordance with the following priority:

First priority: Probable safety of the capital investment.

Second priority: Probable income to be derived from the investment.

Third priority: Liquidity of the investment at the conclusion of the certified period.

B.

Interest earned: The interest earned on investments made, unless otherwise required by law, shall become part of the general fund of the city.

(Ord. No. 2019-12, § 2, 5-7-2019)

The following staff positions within the City are hereby designated as appointed officials: city clerk, city treasurer, city attorney, public works director, police chief, human resources director, planning and zoning director, economic development director, and parks and recreation director.

(Ord. No. 2025-05, § 1, 3-4-2025)

A.

Appointment: Appointed official positions designated within this chapter may be filled through appointment by the Mayor, with the consent of the Council. The Council shall be deemed to have consented to an appointment upon a vote of a majority of the then present quorum of the Council.

B.

Removal: Any person serving as an appointed official as designated within this chapter may be removed by the Mayor for any cause deemed sufficient; such removal shall be by the affirmative vote of one-half plus one (½ + 1) of the members of the City Council. The city Council may, by the unanimous vote of all its members, upon their own initiative, remove any appointed official in accordance with Idaho Code Section 50-206.

(Ord. No. 2025-05, § 1, 3-4-2025)

The procedures for appointment and removal of appointed officials are set forth within the City's personnel manual, which is titled "Kuna Idaho Personnel Manual."

(Ord. No. 2025-05, § 1, 3-4-2025)