TITLE 1 - GENERAL CODE PROVISIONS

Sections:

The ordinances embraced in the following chapters and sections shall constitute and be designated Nampa City Code and cited as such.

(Ord. 2072)

All ordinances proved by a certificate of the city clerk under the city seal, when printed or published by authority of the city, shall be read and received in evidence in all courts and places without further proof.

(Ord. 2072)

In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:

City: The words "the city" or "this city" shall be construed as if followed by the words "of Nampa".

Code: The words "the code" or "this code" means Nampa City Code.

Computation of time: The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council: Whenever the word "council" is used in this code, it shall be construed to mean the city council of the City of Nampa.

Day: The period of time between sunrise and sunset.

Gender: The masculine gender includes the feminine and neuter.

Nighttime: The period of time between sunset and sunrise.

Occupant: When applied to a building or land, the term shall include any person who occupies the whole or any part of such building or land whether alone or with others.

Officers, departments, etc.: Officers, departments, boards, commissions and employees of the City of Nampa, unless the context clearly indicates otherwise.

Owner: As applied to a building or land the words shall include any part owner, joint owner, tenant in common, joint tenant, developer, occupant or lessee of the whole or of a part of such building or land.

Person: Includes any natural person, firm, association, corporation partnership or organization of any kind.

Personal property: Includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

Premises: Any land and all buildings and structures thereon including, but not limited to, single-family or multi-family dwellings, rooming houses, apartment houses, hospitals, convalescent and nursing homes, hotels and motels, restaurants, industrial or manufacturing establishments, drive-in establishments, schools (academic, trade or industrial, and kindergarten) and any other place of habitation, office, shop or establishment or place of conducting a business, trade or occupation.

State: The words "the state" or "this state" shall be construed to refer to the State of Idaho.

Streets: The term includes alleys, lanes, courts, bike paths, boulevards, public ways, public squares, public places and sidewalks.

Words used in the present tense include the future tense, and words in the plural number include the singular number.

Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

(Ord. 2072)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal effect; nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Ord. 2072)

The catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Ord. 2072)

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this code.

(Ord. 2072)

A.

In this code or in any other ordinance of the city any act or omission that is prohibited or is made or declared to be unlawful or an offense, the same shall be a misdemeanor, unless otherwise specifically provided; and shall be punished by applicable fines and jail time in accordance with currently adopted state law. Every day of any violation of this code, or any ordinance of the city, shall constitute a separate violation.

B.

Unless otherwise specifically provided, and exempting civil infraction penalties and procedures set forth in sections 1-1-7-1 through 1-1-7-6 of this chapter, a violation of any code provision for which the penalty is an infraction shall be punished as follows:

1.

A first violation within three years is subject to a fine in the amount as may be prescribed in Idaho Infraction Rule 9, or in the event it is not so prescribed, by $100.00.

2.

A second violation within three years is subject to a fine in the amount as may be prescribed in Idaho Infraction Rule 9, or in the event it is not so prescribed, by $200.00.

3.

A third violation within three years is subject to a fine in the amount as may be prescribed in Idaho Infraction Rule 9, or in the event it is not so prescribed, by $300.00.

(Ord. 4165, 3-2-2015)

The procedures for notification and enforcement set forth in sections 1-1-7-1 through 1-1-7-6 of this chapter are intended to apply in addition to any other procedures or courses of action provided by law. The use of the procedures set forth herein shall not require or preclude the use of any other procedures allowed by this code or state law.

(Ord. 4036, 10-1-2012)

The city may cause a notice of civil infraction to be issued for any of the following titles and sections of this code, in either of the following circumstances. Such infraction is in addition to any other abatement procedures as listed within this code or any other ordinance. Every day of any violation of this code, or any ordinance as listed herein, shall constitute a separate violation.

A.

Upon discovering a violation of any of the following titles and sections of this code or other ordinances;

B.

If, after the time specified in a notice of violation, the activity, conditions, structure, or use cited in the notice of violation still does not conform to the city codes or ordinances.

(Ord. 4036, 10-1-2012)

The notice of civil infraction will be issued to the owner of the property, the occupant, and/or the person in charge of the property and/or any other person causing or allowing the activity, conditions, structure or use to exist or occur.

(Ord. 4036, 10-1-2012)

A.

A notice of infraction may be served either by:

1.

The code enforcement officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance; or

2.

The code enforcement officer mailing a copy of the notice of infraction by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address; or

3.

The code enforcement officer affixing the notice of infraction to the property, or posting the notice of infraction on the property, in a conspicuous location on the property, if the offense is occurring on that property at the time of issuance.

B.

The code enforcement officer shall have the authority to require those receiving infractions to identify themselves by giving their name, address, and date of birth, and shall further have the authority to require the presentation of a driver's license or other reliable identification. If a defendant refuses to identify himself or herself, the code enforcement officer shall request assistance from the police.

(Ord. 4036, 10-1-2012)

A.

Civil penalty. Any person violating or failing to comply with the applicable provisions of this code shall be subject to an infraction penalty, punishable as provided in Idaho Code sections 18-111 and 18-113, as may from time to time be amended.

1.

A first violation within five years of any provision herein, not specifically exempted, is hereby declared subject to a fine in such amount as may be prescribed in Idaho Infraction Rule 9, or in the event it is not so prescribed, by $25.00.

2.

A second violation within five years of any provision herein, not specifically exempted, is hereby declared subject to a fine in such amount as may be prescribed in Idaho Infraction Rule 9, or in the event it is not so prescribed, by $50.00.

3.

The code enforcement officer shall issue a misdemeanor citation to those with a third violation within five years of any provision herein.

(Ord. 4036, 10-1-2012)

A person who willfully fails to pay a monetary penalty as required by provisions of this chapter may be found in civil contempt of court.

(Ord. 4036, 10-1-2012)

A license previously issued to a person may be revoked upon conviction of a violation of the ordinance under which the license was issued.

(Ord. 2072)

The issuing authority may refuse to issue a license if prescribed requirements are not met by the applicant.

(Ord. 2072)

Upon denial or revocation of any license or application for license as prescribed in this code the applicant or the licensee shall be granted hearing before the council at a regular council meeting. The applicant or licensee shall be presented with a written decision and/or reasons for the denial or revocation.

(Ord. 2072)

The corporate seal of the city shall consist of two concentric circles between which shall appear the words "The Seal Of The City Of Nampa, Idaho", and the center shall be in substantially the same form as the facsimile herein set forth ^[1]:

(Ord. 2072)

The Idaho Press Tribune, a newspaper in, and of general circulation in the City of Nampa, is hereby established as the official newspaper of the city.

(Ord. 2072)

State Law reference— See IC § 20-213.

Unless otherwise provided, whenever a section of this code requires notice to be given by the city, the notice shall state, in addition to the order to comply:

A.

The grant of authority of the city to enforce the violation,

B.

The nature of the violation, including its statutory basis,

C.

The time allowed to correct the situation before penalties may be imposed,

D.

The penalties which may result from failure to comply, and

E.

Any appeal procedure available to the recipient.

(Ord. 2072)

Unless otherwise provided, service of notice may be made by delivery of a copy to the affected person or his agent, or, if neither is to be found within the city, by mailing a copy of the notice to the affected person at his last known post office address. Service by mail shall be deemed complete upon the expiration of five days from the date of mailing such notice. For the purposes of this provision, affected person shall include any owner, user, or other person entitled to be a recipient of such a notice under this code.

(Ord. 2072)

The method of determining the actual value of real property shall be by use of the assessed valuation by the Canyon County assessor.

(Ord. 2072)

State Law reference— IC § 50-1711.

Sections:

There are hereby established within the corporate limits of the city, election precincts, which precincts shall conform to the election precincts established by Canyon County; the Canyon County election precincts as they apply to the corporate limits of the City of Nampa are hereby adopted and incorporated by reference.

(Ord. 2072)

The name of each such election precinct as hereby established shall conform with the names established for the Canyon County election precincts.

(Ord. 2072)

The official precinct boundaries shall be defined and set forth as determined by the official records of Canyon County which are hereby adopted and incorporated by reference. The city clerk is directed to maintain an official map for the City of Nampa in conformance with the Canyon County records. Said map is to be kept on file with the city and open for inspection to the public and shall clearly set forth all election precinct names and boundaries within the corporate limits of the City of Nampa.

(Ord. 2072)

Thereafter, at all municipal elections and at all special municipal elections such election precincts as hereby created and established shall be the places wherein all qualified electors living in the area thereof respectively shall vote at such municipal elections, regular or special; provided that such electors are qualified as such pursuant to Idaho Code.

(Ord. 2072)

Election judges and clerks shall be appointed by the city clerk and confirmed by the council.

(Ord. 2072)

Sections:

All papers, correspondence, memoranda, accounts, reports, maps, plans, photographs, sound and video recordings, files, microform, electronic imaging, magnetic or paper tape, punched card, electronic mail, also known as e-mail, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any city office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty, or function of public business, whether or not confidential or restricted in use, are hereby declared to be records of the City of Nampa, and shall be created, maintained, and disposed of in accordance with the provisions of this chapter or procedures authorized by it and in no other manner. Materials acquired solely for reference, exhibit, or display and stocks of publications shall not constitute records for purposes of this chapter.

(Ord. 3880, 9-8-2009)

All "city records" as defined in section 1-4-1 of this chapter are hereby declared to be property of the City of Nampa. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or private use of such records is prohibited.

(Ord. 2656)

It is hereby declared to be the policy of the City of Nampa to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. Electronic mail, also known as e-mail, whether created or received, shall be retained for a period of two years and then automatically removed from the city's exchange server. Electronic mail that is related to pending or threatened litigation will be retained until the litigation is concluded or the applicable statute of limitations has expired. Electronic mail that is the subject of a "litigation hold" shall be retained for such time as indicated in such "hold". Department directors, and heads of divisions, may designate certain electronic mail as semipermanent or permanent records and must retain those records in a format and location separate from the exchange server. Periodically the city archivist shall review or examine other filing systems in each department/division, make transfers of records, arrange for disposition of outdated records and otherwise assist city officers in complying with the city records policy.

(Ord. 3880, 9-8-2009)

There is hereby established a records management division. The city clerk is responsible for directing the division and coordinating records management operations among the city departments.

(Ord. 2656)

The city clerk shall designate a city archivist, who shall be responsible for citywide files management and the direction and control of the city's records disposition program.

(Ord. 2656)

The archivist shall have the following duties, and others as assigned by the city clerk:

A.

Plan, formulate, and prescribe basic files management and records disposition policies, systems, and standards and procedures.

B.

Prepare records retention and disposition schedules in cooperation with department heads for all city departments; define and identify vital, historical and/or permanent records; and establish retention periods for all records. Retention periods shall be no shorter than desired by the originating office, but shall be as long as deemed necessary by the archivist, city clerk, finance director and city attorney.

C.

Review schedules annually and update or amend as needed.

D.

Coordinate the citywide files management and records disposition programs and report annually to the city clerk on program effectiveness in each city department.

E.

Provide records management advice and assistance to all city departments, by preparation of a policies and procedures manual and by on site consultation.

F.

Develop, disseminate, coordinate files maintenance, records disposition procedures, and computer assisted retrieval programs including, but not limited to, those prescribed by this chapter, in order to meet the current and long term information needs of the city.

G.

Train departmental records coordinators and other personnel in the fundamentals of records management and their duties in the records management programs.

H.

Implement at the proper time such actions as destruction, and transfers that are required by records schedules.

I.

Develop a citywide forms design and control system.

J.

Establish in cooperation with other responsible city officials a disaster plan for each city department and the archivist to ensure maximum availability of records for reestablishing operations quickly and with minimum disruption and expense.

K.

Develop procedures to ensure the preservation of the historically valuable records of the city.

(Ord. 2656)

All city department heads are responsible for the implementation and operation of effective file operations, records transfers and dispositions, and other activities in accordance with the provisions of this chapter within their areas of responsibility. They shall designate records coordinators within their departments and provide the archivist the names of such designees.

(Ord. 2656)

The records coordinator in each office and/or department is responsible for providing coordination between the archivist and personnel in his or her office to ensure compliance with the provision of this records management chapter. This responsibility shall include supervising the application of records schedules within the office or department.

(Ord. 2656)

All city departments shall adopt records retention and disposition schedules and destroy, transfer, or otherwise dispose of records in accordance with policies set forth by the records schedules.

(Ord. 2656)

Retention periods to be included in records schedules shall be submitted by the archivist to the city clerk, finance director, and city attorney, who shall notify the archivist within ten working days of the approval or of any objection to a retention period. At the expiration of the ten day period, if no objection has been submitted, the records schedule shall be adopted and shall have full force as sufficient authorization for records destruction or other action. If objection is made, the archivist shall determine a retention period satisfactory to the office or department concerned, to the city clerk, finance director and the city attorney.

When a records retention and disposition schedule is adopted, it shall constitute full authority to transfer, microfilm/image prepare for destruction or take other actions, with respect to city records. The city council hereby directs that such action be taken by the archivist or under his or her supervision. The archivist shall notify in writing the department and the city council of intended destruction.

(Ord. 2656)

Prior to the implementation of the records management program for a department, a one time destruction of obsolete records of that department may be made by the department, under the supervision of the archivist. Obsolete records shall include those no longer created by the office or department and no longer are needed for administrative, legal, fiscal, or other research purposes.

(Ord. 2656)

The archival operation shall utilize one or more buildings to store inactive records; to ensure the security of such records from deterioration, theft, or damage during the period of storage; to permit fast, efficient retrieval of information from stored records and to provide facilities for a centralized micrographics and/or electronic imaging program.

(Ord. 2656)

The archivist shall develop procedures to ensure the permanent preservation of the historically valuable records of the city. The archivist shall provide housing for such records in a municipal facility and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. In no circumstances shall the permanent records of the city be transferred to private individuals, to private historical societies or museums, or to private or public colleges or universities.

(Ord. 2656)

Records no longer required to support current operations of the city shall be transferred to less costly off site storage at the archives, or be destroyed, when such action is indicated by an approved records schedule. Such records shall not be maintained in active office files or equipment.

(Ord. 2656)

A centralized micrographics/imaging program shall be designed and implemented by the archivist to service all city offices and departments.

(Ord. 2656)

The archivist shall determine the length of time the various records of the city could be stored before the cost of storage during their retention periods would exceed the cost of preserving them in microform. Records determined to be more economically stored on a microform shall be microfilmed and/or imaged and shall include the following types of records:

A.

Those which the archivist determines are of historical value and whose preservation is best ensured by microfilming or imaging.

B.

Those which because of the nature of the information they contain are indispensable to the continued operations of an office and, therefore, should be microfilmed/imaged to provide a security copy.

C.

Those which because of high volume retrieval require frequent and/or large numbers of copies to be made and which could be made more efficiently or economically through microfilm or image.

(Ord. 2656)

The public is given identical access to record in microform to which they would be entitled under law if the records were in any other medium. A reasonable fee is to be charged for reproduction of copies from record in microform.

(Ord. 2656)