TITLE 1 - ADMINISTRATION
Upon the adoption by the city council, this city code is hereby declared to be and shall hereafter constitute the official city code of Star. This city code of ordinances shall be known and cited as the STAR CITY CODE and is hereby published by authority of the city council and shall be supplemented to incorporate the most recent legislation of the city 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.
(2006 Code)
The city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in 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 title.
(2006 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.
(2006 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. 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 city clerk when directed so to do by order of the city council.
(2006 Code)
All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are included in this city code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the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; all special ordinances.
(2006 Code)
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 the 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.
(2006 Code)
A.
Prior Acts: 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 may 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.
B.
Extend to All Repeals: 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.
C.
Current Pending Actions: 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 provisions; 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.
(2006 Code)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this city code or any part thereof or any portion adopted by reference therein 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 or any portion adopted by reference therein. 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.
(2006 Code)
A.
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 a particular gender, several matters, parties or persons and the opposite gender 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.
B.
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.
(2006 Code)
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:
CLERK: The city clerk of the city of Star.
CODE: The city code of the city of Star.
CITY: The city of Star, counties of Ada and Canyon, state of Idaho.
COUNCIL: Unless otherwise indicated, the council of the city of Star.
COUNTY: The counties of Ada and Canyon, state of Idaho.
EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Star".
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation.
FISCAL YEAR: The fiscal year of the city shall commence on October 1 of each year 1 .
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
INFRACTION: A civil public offense, not constituting a crime, punishable by a penalty not exceeding one hundred dollars ($100.00) and for which no incarceration may be imposed 2 .
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MISDEMEANOR: Any offense not defined as a felony or infraction under state law 3 .
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS: Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Star".
RIGHT-OF-WAY: The privilege of the immediate use of the roadway or other property.
STATE: The state of Idaho.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
(2006 Code; amd. Ord. 317, 11-9-2020)
1 State law reference—IC § 50-1001.
2 State law reference—IC §§ 18-111 and 18-113A.
3 State law reference—IC §§ 18-111 and 18-113; see section 1-4-1 of this title.
The catchlines of the several sections of the city 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 section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(2006 Code)
A.
Misdemeanor: Except in cases where a different punishment is hereafter prescribed by city ordinance, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both. These punishments shall comply with Idaho Code section 18-113, as amended.
B.
Infraction: When the offense is designated as an infraction by any section or provision of this code or by state law, it is punishable only by a penalty not exceeding one hundred dollars ($100.00) and no incarceration may be imposed.
C.
Federally Mandated Programs: When this city is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, the city may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months, or to include both a fine and imprisonment for criminal offenses.
D.
Enforcement: Any law enforcement official shall have the authority to enforce this code by all available police powers of the city including arrest.
E.
Administrative Citations:
1.
Limitations of Time: When administrative citations are issued, the violator will have fifteen (15) working days to pay said citation. The fifteen (15) days shall exclude government holidays and will begin the day the citation is issued.
2.
Penalties if Citations Are Not Paid: Not including any other penalty covered by this code; for every day citations are not paid the day after they are due, a ten dollar ($10.00) charge per day will be assessed until the citation and late fees are paid in full.
3.
Criminal Infraction; Fine: Failure to pay an administrative citation within fifteen (15) working days of the date the administrative citation is issued shall be a criminal infraction and if convicted, violators will be subject to a fine of one hundred dollars ($100.00) for each citation, in addition to the administrative citation fee and late penalties.
(Ord. 175, 4-17-2007; Ord. 187, 6-3-2008)
State Law reference— IC § 50-302.
A.
Application of Penalty Provisions:
1.
The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.
2.
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.
B.
One Recovery for Same Offense: 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 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.
(2006 Code)
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 intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(2006 Code)
A.
The City Council of the City of Star 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 Star 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.
Faster 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 an imposition, review, and appeal of administrative citations and fines imposed;
3.
Reduce the delay and expense of enforcing the Star 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 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. 424-2025, § 1, 9-2-2025)
ADMINISTRATIVE CITATION: A notice of violation of Star 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 Star City Code § 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:
A.
Such employee was not personally involved in the process of investigating or issuing the administrative citation under review,
B.
The employee does not report to the enforcement officer who issued the administrative citation, and
C.
Does not have a financial interest in the outcome of administrative citations.
ENFORCEMENT OFFICER: Any police officer, inspector or code enforcement officer.
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 sublessee with the current right of possession of, real property where a property related violation of city code occurs or continues to occur.
(Ord. No. 424-2025, § 1, 9-2-2025)
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 Star 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.
Notice that the fine must be paid within fourteen (14) days of receipt of the citation per Star City Code § 1-4A-5.T. and describe the available methods for payment.
5.
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
6.
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. 424-2025, § 1, 9-2-2025)
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) 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) 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 or mailing a copy 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. 424-2025, § 1, 9-2-2025)
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 Star City Code 1-4A-4D.; 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 Star City Code 1-4A-4D. by personal delivery or by mail to Star City Clerk's Office at 10769 W. State Street, Star, Idaho 83669. 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 and/or an electronic method such as email.
2.
If, following the informal review, the administrative citation is not dismissed, the responsible person shall be notified by mail and/or an electronic method such as email 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.
D.
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 Star City Code § 1-4A- 6J.2., including substitution of a hearing officer pursuant to Star City Code § 1-4A-7C.
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 50 percent of the median income for the City of Star 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.
E.
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. 424-2025, § 1, 9-2-2025)
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 or alternate hearing officer if the city clerk is the hearing officer whose disqualification is being requested. 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 or alternate hearing officer, 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 mayor or 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 Star City Code 1-4A-7J.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 and/or an electronic method such as email to the address provided by the responsible party in the request for administrative hearing.
2.
The responsible party may request no more than one 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.
2.
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.
3.
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.
4.
Should the administrative hearing officer be unavailable for the scheduled hearing, the hearing officer may order no more than one continuance before dismissing the administrative citation.
F.
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.
G.
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.
H.
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.
I.
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 Star 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.
J.
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 Star 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 Star 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 Star City Code 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. The decision may be served on the responsible party by an electronic method such as email if such method had been requested by the responsible party.
K.
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 Star City Code § 1-4A-5D. 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. 424-2025, § 1, 9-2-2025)
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. 424-2025, § 1, 9-2-2025)
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. 424-2025, § 1, 9-2-2025)
A.
Terms: Future elections shall provide for four (4) year terms for the mayor and all city council members.
B.
Qualifications: All elective officers of the city shall be qualified electors of the city at the time of the election, and shall remain qualified electors of the city during their tenure in office.
(Ord. 30, 8-12-1999; amd. 2006 Code; Ord. 221, 11-2-2011)
Candidates for Council Seats: Candidates for council seats, shall file for a designated council seat in the manner prescribed by Idaho Code. Candidates may not file for more than one seat.
(Ord. 100, 2-17-2004; amd. Ord. 317, 11-9-2020)
A.
Regular Meetings; Notice:
1.
The first and third Tuesday of each month, at seven o'clock (7:00) p.m., at the Star City Hall, Star, Idaho, or such other place as shall be designated in the meeting agenda, are hereby designated as the dates, times and place of the regular monthly meetings of the city council.
2.
In accordance with Idaho Code section 74-204(1), the city clerk shall cause to be posted a copy of this subsection at or near the main door of the office of the city clerk and on the city website, which posting shall constitute the annual meeting notice required for regular meetings of the city council.
B.
Special Meetings; Notice: Special meetings may be called at any time by order of the mayor, or in his absence by the president of the city council, when any emergency is eminent that will not allow delay. Special meetings may also be called by one-half (½) plus one of the members of the city council. The notice of such special meeting shall be given the city council members by the city clerk setting forth the reason for the meeting.
C.
Open Meetings: All meetings of the city council shall be open to the public; except, that executive sessions may be closed upon a vote of one-half (½) plus one of the city council members recorded in the minutes of the meeting by individual vote, pursuant to Idaho Code section 74-201 et seq.
D.
Quorum: Meetings of the city council shall require a majority of said members to be present to do business. In case that a majority of said city council fails to attend the council meetings, methods to enforce their attendance may be applied as prescribed by law.
(2006 Code; amd. Ord. 80, 12-16-2002; Ord. 317, 11-9-2020)
A.
Purpose: The city council hereby finds that unregulated solicitors at public meetings can result in public nuisances and other dangers to public health and safety. The city council finds that the public interest, convenience and necessity require the regulation of such solicitors in order to promote free speech activities while safeguarding the safety of the residents of the City.
B.
Prohibited Acts: It shall be unlawful for any person to solicit during any public meeting, including one hour prior to the posted opening of the public meeting and for one hour after the adjournment of such public meeting.
C.
Exempt Persons: The provisions of this section shall not extend to any person exempt from such regulation under any provision of the Constitution or laws of the United States or the Constitution or any Statute or Code of this State.
D.
Definitions: "Solicit" and "solicitation" means the request, directly or indirectly, of money, contribution, credit, property, support, financial assistance or any other thing of value. These words shall also mean and include the sale of, offer or attempt to sell, any contract, service, wares or merchandise. A "solicitation" as defined in this subsection shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this subsection.
E.
Penalty: Any person who shall violate any of the terms or provisions of this section shall be guilty of an infraction and shall be punishable by a fine up to one hundred dollars ($100.00) excluding court costs and fees. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury.
(Ord. 159, 7-18-2006)
A.
Compensation: Commencing January 1, 2026, the compensation of the mayor and of the members of the Star City Council shall be as follows:
1.
The mayor shall receive an annual salary in the sum of one hundred twenty thousand dollars ($120,000.00), and effective January 1, 2027, the mayor will receive a three percent (3%) increase each year through 2029; and
2.
Council members shall receive an honorarium in the amount of one hundred dollars ($100.00) per day, for twelve (12) days per month, and shall be reimbursed for actual and necessary expenses, subject to the limits provided in section 67-2008, Idaho Code section 59-509(p), payment of an honorarium as provided in this subsection shall not be considered salary as defined in section 59-1302(31), Idaho Code.
B.
Benefits: Commencing January 1, 2006, the mayor and the members of the city council shall qualify for benefits as follows:
1.
Health insurance.
2.
Retirement. The city will provide an annual predetermined dollar amount to be paid monthly. If the city is a member of PERSI, the mayor will not receive the predetermined dollar amount and will instead receive retirement benefits through PERSI.
(Ord. 130, 9-6-2005; amd. Ord. 159, 7-18-2006; Ord. 262, 8-15-2017, eff. 1-1-2018; Ord. 317, 11-9-2020; Amended by Ord. 339-2021 on 8-17-2021; Ord. No. 421-2025, § 1, 8-5-2025)
A.
Mayor: The Mayor shall devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require, and shall perform all duties imposed by State law.
B.
City Council Members: The members of the City Council, the legislative and policy making branch of the City government, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require.
(2006 Code; amd. Ord. 159, 7-18-2006)
A.
Oath of Office: Every elective officer of the city, and such other appointive officers as are appointed by the mayor and city council shall, before entering in and upon their respective duties, subscribe and take the oath of office as required by state law.
B.
Bonds: The city clerk and city treasurer and any other officers of the city as required shall give bonds to the city with two (2) or more sufficient sureties as provided from time to time by the city council. Surety bonds may be furnished at the expense of the city in lieu of personal bonds.
C.
Filing of Oath and Bond: The oath of office and the bond, when required, shall be filed in the office of the city clerk, except that the bond of the city clerk shall be filed with the mayor.
(2006 Code)
The salaries of the appointive officers shall be as designated by the city council from time to time.
(2006 Code)
Upon the qualification of all elected or appointive officers, all books, papers, records, money and property of the city shall be delivered to the successor in office as provided by law. Any person failing to comply with this section shall be guilty of an offense and punishable, upon conviction, as provided in section 1-4-1 of this title.
(2006 Code)
A.
Appointment; Term: The city clerk shall be appointed by the mayor with the consent of the city council pursuant to Idaho Code title 50, chapter 2; and shall serve until s/he resigns or is removed according to Idaho Code section 50-206.
B.
General Duties: The duties of the city clerk, or his/her designee, will be to keep a correct journal of the proceedings of the council and to fulfill other responsibilities as designated in Idaho Code title 50, chapter 2. S/He shall attend meetings of the city council, collect all funds due to the city, keep proper records of all transactions, issue licenses and collect for the same, draw warrants on the city treasurer, and perform all and every duty that is required of him either by ordinance, resolution or order of the city council or of the laws of the state.
(2006 Code; amd. Ord. 317, 11-9-2020)
A.
Appointment; Term: The city treasurer shall be appointed by the mayor with the consent of the city council pursuant to Idaho Code title 50, chapter 2; and shall serve until s/he resigns or is removed according to Idaho Code section 50-206.
B.
General Duties: The duties of the city treasurer will be to serve as custodian of all monies belonging to the city and to fulfill all other responsibilities as designated in Idaho Code title 50, chapter 2. He shall keep a record of all outstanding bonds against the city showing the number, amount of each and to whom said bonds were issued; and when any bonds are purchased, paid or canceled, said record shall show that fact. In his annual report s/he shall describe particularly the bonds issued and sold during the year, and the term of the sale, with each and every item of expense thereof.
(2006 Code; amd. Ord. 317, 11-9-2020)
A.
Appointment; Qualifications: The mayor, with the consent of the city council, shall appoint a city attorney to hold office at the discretion of the city council. The city attorney shall be a duly licensed attorney with the right to practice in all courts of the state.
B.
General Duties: It shall be the duty of the city attorney and he shall:
1.
Appear in magistrate court when required and prosecute all actions for offenses against the laws and ordinances of the city.
2.
Attend to all legal business of the city and prosecute or defend all actions in which the city is a party thereto, except when an insurance company is involved.
3.
Draw and examine and pass upon all ordinances, documents and legal papers submitted to him.
4.
Attend meetings of the city council as requested.
5.
Give written opinions and legal advice when requested by any official of the city upon the approval of the city council.
6.
Perform such other duties as may be prescribed by the city council.
(2006 Code; amd. Ord. 317, 11-9-2020)
All city general or special elections shall be conducted in accordance with and in conformity with the election code for the state, title 34, Idaho Code.
(Ord. 221, 11-2-2011; amd. Ord. 317, 11-9-2020)
The provisions of sections 67-6601 through 67-6616 and 67-6623 through 67-6630, Idaho Code, are hereby made applicable to all elections for mayor, councilman and citywide measures in cities of five thousand (5,000) or more population, except that the Star city clerk shall stand in place of the secretary of state, and the city attorney shall stand in place of the attorney general.
(Ord. 221, 11-2-2011; amd. Ord. 317, 11-9-2020)
In case of a tie vote between candidates, the city clerk shall give notice to the interested candidates to appear before the council at a meeting to be called within six (6) days at which time the city clerk shall determine the tie by the toss of a coin as provided in section 50-413, Idaho Code.
(Ord. 221, 11-2-2011; amd. Ord. 317, 11-9-2020)
The polls for all general and special city elections shall be open in accordance with section 34-1101, Idaho Code.
(Ord. 100, 2-17-2004; amd. Ord. 221, 11-2-2011; amd. Ord. 317, 11-9-2020)
(Rep. by Ord. 317, 11-9-2020)
Amended is hereby amended as follows: "The Idaho Press Tribune, a newspaper published within Canyon County is hereby designated as the official newspaper of the City of Star within Ada and Canyon Counties, pursuant to Idaho Code section 50-213.
(Ord. 1, 12-12-1997; Amended by Ord. 357-2022 on 1/18/2022)
The people of this city have the right to direct legislation through the initiative or referendum process, according to the procedures set forth in section 34-1801B, Idaho Code.
(Ord. 156, 6-20-2006; amd. Ord. 317, 11-9-2020)
(Rep. by Ord. 317, 11-9-2020)
(Rep. by Ord. 317, 11-9-2020)
(Rep. by Ord. 317, 11-9-2020)
(Rep. by Ord. 317, 11-9-2020)
The official city seal/logo of the city of Star shall be in the form as set forth below:
(Ord. 222, 11-15-2011)
The city clerk shall be the custodian of the official city seal/logo of the city of Star.
(Ord. 222, 11-15-2011)
The city seal/logo is the property of the city of Star. The impression of the city seal/logo shall be made and used upon official documents executed by the city or its duly authorized officials. The city seal/logo has been established and designated to identify official city facilities, events and publications. It shall be unlawful for any person to make, reproduce, manufacture, display or use the city seal/logo, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the city seal/logo, for any purpose other than for the official city business, a city sponsored event or publication, or a city endorsed event or publication, without the express consent of the mayor and/or city clerk.
(Ord. 222, 11-15-2011)
Any person, persons or organization violating the provisions of this chapter shall be guilty of a misdemeanor and subject to punishment in accordance with chapter 4 of this title.
(Ord. 222, 11-15-2011)
A.
Designated: The following financial institutions are hereby designated as the official depositories for funds of the City:
1.
Local Government Investment Pool (LGIP).
2.
Idaho Central Credit Union (ICCU).
3.
First Interstate Bank (FIB).
4.
Zions Bank (ZIONS).
B.
Clerk/Treasurer to Deposit or Invest: The City Clerk/Treasurer is hereby ordered, required and directed to keep all monies belonging to or in a the care of the City Clerk/Treasurer in the depositories named in subsection A of this section; provided, however, when so authorized by the Mayor and City Council, said funds may be invested by the City Clerk/Treasurer in securities authorized by law.
(Adopted by Ord. 356-2022 on 1/4/2022)
A.
Definitions:
NOTARIAL ACT: Any official act performed by a notary public under the provisions of Idaho Code Section 51-107 as currently or subsequently adopted or changed.
PUBLIC RECORD: Any writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by the City of Star, regardless of physical form or characteristics.
PUBLIC RECORD CERTIFICATION: Any public record in which the requester has requested a statement from the City Clerk/Treasurer certifying the record to be a true and correct copy under seal of the City Clerk/Treasurer.
RETURNED FINANCIAL INSTRUMENT: Any financial instrument such as check or money order, debit or credit card transaction, automatic bank draft paid to the order of the City of Star which has been returned as uncollectible for any reason.
B.
Identifying Fees and Establishing Charges:
1.
Identifying Fees and Charges:
a.
Idaho Code Section 51-133 allows for a fee to be charged for a notarial act and the City wishes to provide notarial services for the community; and
b.
Idaho Code Chapter 74 allows for the public to examine, copy, request a certified copy(ies) of a public record held by the City upon receipt of a public records request, and shall not charge a fee with the exception(s) of Idaho Code Section 74-102(10)(b). The City wishes to recoup costs in processing and fulfilling public records requests for the public; and
c.
Idaho Code Title 28, Chapter 42, Part 3 allows for a dishonored check fee and from time to time, the City receives a financial instrument identified as uncollectible, and wishes to recoup the costs of processing said instruments.
C.
Fees and Charges Established By: From time to time, after appropriate public notice, the City Council may, by resolution, set fees for the items listing in subsection B of this section.
D.
Statute References Cited: Idaho Code Title 51, Chapter 1 (Idaho Notary Public Act) Idaho Code Title 74, Chapter 1 (Public Records Act) Idaho Code Title 28, Chapter 42, Part 3 (Dishonored Check Fees).
(Adopted by Ord. 356-2022 on 1/4/2022)
Passport Acceptance Agent — A permanent full-time or part-time employee of the City of Star that is also a United States Citizen or US National over the age of 18, who is not on parole or probation related to any federal, state, or local felony or misdemeanor related to breach of trust or moral turpitude, and are not currently under indictment for any federal, state or local felony or misdemeanor related to breach of trust or moral turpitude and has completed the required training of the US State Department Passport Acceptance Program.
Passport Acceptance Facility — A Public Sector Office that is designated to accept and execute passport applications on the United States State Department's behalf, for the purposes of this code shall mean the City Clerk's Office of the City of Star Idaho within in Ada and Canyon Counties.
Passport Application — An official document to apply for a Passport Book or Passport Card which establishes identity for travel completed by the applicant.
Passport Book / Passport Card — An official document issued by the US Department of State.
Passport Execution Retainage — A fee allowed by agreement with the US Department of State to be retained for the acceptance of each Passport Application(s).
Passport Photography — An official photograph taken by the City Clerk's Office for the purpose of issuing a passport.
Passport Trust Account — An account established by City Clerk/Treasurer's Office at an approved financial institution (Title 1, Chapter 12-1 of the Star Municipal Code) to hold amounts of money in trust for the US Department of State plus any revenues retained by the City which may be transferred to and from the General Funds of the City of Star from time to time to ensure the continued success of the Passport Acceptance Facility.
1-13-2-a Designates the City Clerk/Treasurer's Office as the Public Sector Office to accept and execute passport applications including any associated fees.
1-13-2-b Designates the hours of operation are designated by the City Clerk/Treasurer's Office in compliance with the US Department of State's requirements and shall only be accepted, processed and transmitted onsite.
1-13-2-c Designates only those who meet the criteria of the US Department of State as Passport Acceptance Agents and ensuring the City of Star has sufficient staff to meet the criteria and need to accept passport applications.
1-13-3-d Requires the City of Star City Clerk/Treasurer's Office to maintain sufficient security of documents, guides and related documents for the processing of Passport and Travel Services provided. Breach of security shall be immediately relayed to the appropriate authorities as per agreement, law, policy or procedure.
1-13-3a Allows for the City of Star to offer other Passport and Travel Services provided by the US Department of State and other Federal Departments as allowed by law or agreement.
1-13-3b Allows for the charge of Passport Photographs which may be changed by City of Star Resolution from time to time after appropriate public notice and hearing.
Allows for the City Clerk/Treasurer's Office to create a Trust Account for the purpose of Passport Processing and related services under this code. The account will be included in the audit process from time to time as required by agreement, law, policy or procedure.
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 Star, 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 the purposes of this chapter.
(Adopted by Ord. 394-2023 on 11/21/2023)
All "city records" as defined in section 1-14-1 of this chapter are hereby declared to be property of the City of Star. 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.
(Adopted by Ord. 394-2023 on 11/21/2023)
It is hereby declared to be the policy of the City of Star 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 semi-permanent 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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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 management and disposition program.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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 with the names of such designees.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
Retention periods to be included in records schedules shall be submitted by the archivist to the city clerk, treasurer 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 the intended destruction.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
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. Permanent physical records not being housed in city offices may be transferred to the Idaho State Archive after appropriate digitization of said records for ease of retrieval only after approved City Council Resolution indicating each record is being transferred.
(Adopted by Ord. 394-2023 on 11/21/2023)
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.
(Adopted by Ord. 394-2023 on 11/21/2023)
A centralized digitized program shall be designed and implemented by the archivist to service all city offices and departments.
(Adopted by Ord. 394-2023 on 11/21/2023)
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 physically. Records determined to be more economically stored electronically 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 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 digitized to provide a secure 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 electronic image.
(Adopted by Ord. 394-2023 on 11/21/2023)
The public is given identical access to digitized records 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 physical copies from digitized records.
(Adopted by Ord. 394-2023 on 11/21/2023)
No employee of the city is authorized to sell, transfer or give away personal or real property of the city except in accordance with this article and state law. The unauthorized sale or transfer of property of the city by any employee, other than by discarding as waste material at the sanitary landfill or similar approved depository for refuse, shall constitute a misdemeanor, punishable as provided in Idaho Code sections 50-302(1) and 18-113, as amended, in addition to any other civil or equitable remedy which might be available to the city or criminal charge that might be appropriate under the circumstances. Only the city council has authority to declare property, whether real or personal, to be surplus. The city clerk shall coordinate the disposal of all surplus property, including land, buildings, equipment, and other city assets no longer required for city use, in the manner which is in the best interests of the city and which is consistent with the requirements of law.
(Adopted by Ord. 395-2023 on 11/21/2023)
a.
For an item or batch of items estimated by the city clerk to be valued at less than one thousand dollars ($1,000.00), and subject to the prohibitions set forth in subsection (9) of this section, the city clerk shall have full discretion on when and how such an item, or batch of items, shall be disposed of following declaration by the city council that such property is surplus, unless specific dispositive instructions are given by the city council in that declaration. Surplus personal property estimated by the city clerk to have a value of one thousand dollars ($1,000.00), or more, shall be disposed of in accordance with the provisions set forth. The city council may, in any resolution declaring personal property to be surplus, direct the method of disposition. If no method of disposition is set forth in the resolution, such property shall be disposed of in any manner consistent with this code following state and federal law.
b.
The city clerk may dispose of personal property through a sale, or may, in the alternative, dispose of said property through exchange for property to be acquired by the city.
(Adopted by Ord. 395-2023 on 11/21/2023)
When appropriate, the city shall declare city owned real property to be surplus and dispose of such property in accordance with the requirements and procedures set forth in Idaho Code section 50-1403.
(Adopted by Ord. 395-2023 on 11/21/2023)
When appropriate and in the city's best interest, the city clerk shall recommend to the mayor and city council the transfer or donation of surplus property to other government agencies in accordance with the requirements of Idaho Code.
(Adopted by Ord. 395-2023 on 11/21/2023)
All sales of surplus personal property, except as specifically provided for herein, shall be made through a public sale or auction and shall be preceded by some form of public notice, which shall include, at a minimum, a posting for at least three (3) days on the city's internet website. Except where such procedures or requirements are set forth in Idaho Code, decisions concerning the procedures to be followed for the sale and any additional notice beyond that required above shall be made by the city clerk.
(Adopted by Ord. 395-2023 on 11/21/2023)
If any sale or auction of surplus personal property fails to produce a buyer at a minimum price set by the city council, if a minimum price was set, or, if no bids are received, the city clerk shall proceed to dispose of the property at his or her discretion, subject to the prohibitions set forth in subsection (10) of this section, in any appropriate manner designed to maximize the financial return to the city, unless otherwise instructed by the city council in its resolution declaring such property to be surplus.
(Adopted by Ord. 395-2023 on 11/21/2023)
In the event items of surplus personal property are determined to have no salable value because of condition, obsolescence or inappropriateness of use for the general public, the city clerk shall dispose of such items in any manner appropriate, subject to the prohibitions set forth in subsection (10) of this section.
(Adopted by Ord. 395-2023 on 11/21/2023)
When real or personal property is purchased, donated or otherwise conveyed to the city and federal funding designated for the purpose of assisting low to moderate income persons with decent, safe, affordable housing opportunities, has been utilized to obtain or improve the property, it may be offered for public sale. If the property is not sold through a public sale, the property may be sold, donated or otherwise conveyed directly to a low to moderate income person as approved by the city clerk and housing program administrator. In either event, the sale or conveyance must be consistent with the requirements of the applicable federal regulations under which the property was obtained initially or improved.
(Adopted by Ord. 395-2023 on 11/21/2023)
All proceeds from the sale or auction of an item or batch of items of surplus property shall be deposited into the miscellaneous revenue account of the department from which such item or batch of items originated.
(Adopted by Ord. 395-2023 on 11/21/2023)
It shall be unlawful for any of the following persons to purchase surplus property at any sale or auction: mayor, city clerk, members of the city council, appointed officials or department heads. It shall likewise be unlawful for any partnership or entity in which any of the foregoing persons have any interest to purchase such property. No employer, business partner, business associate, or immediate family member of one of the aforementioned persons shall be permitted to purchase surplus property at any sale or auction. Finally, no city employee involved in the sale of any specific item or batch of items of surplus property shall be permitted to purchase said property. A knowing violation of this prohibition shall constitute a misdemeanor, punishable as provided in Idaho Code sections 50-302(1) and 18-113, as amended.
(Adopted by Ord. 395-2023 on 11/21/2023)
Notwithstanding any other provision of this code, the city may sell personal property to employees and members of the public at retail at city facilities and events. For purposes of this section "facilities and events" shall include, but shall not be limited to, vending machines, snack bars, gift shops, pro shops or other marketing methods catering to city employees or members of the public utilizing city facilities or participation in city sponsored events.
(Adopted by Ord. 395-2023 on 11/21/2023)
All sales of Surplus Property are sold as is and where it is located at the time of the sale unless a prior written agreement has been made and authorized.
(Adopted by Ord. 395-2023 on 11/21/2023)