CITY OF RIGGINS ORDINANCE NO. 215

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, KNOWN AS THE RIGGINS IRRIGATION DITCH ORDINANCE; PROVIDING FOR ENFORCEMENT WITHIN THE RIGGINS CITY LIMITS; AND, PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

 

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS, TO WIT:

 

SECTION 1 - Purpose and Intent: The City of Riggins recognizes the benefit realized by the properties served by the City Irrigation Ditch and that the maintenance requirements necessary to protect the resource requires the regulation of the Irrigation Ditch.

SECTION 2 - Definitions: For the purposes of this section, the following terms are defined below:

A.       Main Ditch: The City Irrigation Ditch that supplies water via lateral delivery ditches to individual properties.

B.       Lateral: The delivery ditch from the main ditch supplying water to individual properties; it is the responsibility of property owners using this delivery ditch to operate and maintain them.

C.       Owner: Any property owner served by the city irrigation ditch.

SECTION 3  Annual Assessment:

A.       The annual assessment is based on the size of the property having access to the irrigation ditch.

B.       All property owners with access to the ditch shall be assessed annually.

C.       Requests for waiver or adjustment of the annual assessment shall be reviewed and determined by the City Council on a case-by-case basis.

D.       ANNUAL ASSESSMENT FEE:

Level 1  0 to 8,000 square feet - $50

Level 2  8,001 to 45,000 square feet - $70

Level 3  45,001 to 90,000 square feet - $140

Level 4  90,001 to 135,000 square feet - $210

Over 135,000 square feet will be assessed independently

E.       Fees shall be divided accordingly and included in the monthly utility service billing over four (4) months during the summer months.

SECTION 4 - Failure of Water Supply:

A.       It shall be the responsibility of the City of Riggins to maintain the Main Ditch in good and sufficient repair and to keep the Main Ditch in a neat and aesthetically pleasing condition.

B.       The City shall not be liable under any circumstances for a deficiency or failure in the supply of water whether by shutting off of the water to make repairs, or for any cause whatsoever.

C.       Property Owners shall use their pumps and equipment at their own risk, and are responsible for pumps and equipment they operate. It shall be the responsibility of the corresponding property Owner to main the Lateral ditch and any equipment located thereupon, at the Owner's expense.

SECTION 5 - Disposal of Trash:

In accordance with Idaho Code 19-4301, it shall be unlawful to dispose of any trash in the irrigation ditch, including lawn waste (grass, leaves, branches, etc.) garbage, tires, cooking grease, etc.

SECTION 6 - Obstructions Placed in Ditch: it shall be unlawful to interfere with the irrigation ditch; every person who shall, without receiving prior approval from the City, attempt to raise, lower, or otherwise disturb, any gate or other appurtenance thereof used for the control of water, or cause to be placed into such irrigation ditch any obstruction to the free flow of water.

SECTION 7 - Liability: The City of Riggins, its officials and employees, shall not be liable for any injury to persons or property by reason of any act or omission within this Irrigation Ordinance.

SECTION 8 - Enforcement: Violations of this Ordinance shall be misdemeanors and shall be subject to penalties as provided by a court of law.

SECTION 9 - Saving Clause: Should any section or provision of this ordinance be declared invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof.

SECTION 10 - All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 11 - Provides for passage, publication, either in entirety or by summary, in compliance with Section 50-901A Idaho Code, and an effective date.

The full text of Ordinance No. 215 is available at City Hall and will be provided to any citizen upon personal request during normal office hours.

 PASSED: This ordinance passed under a suspension of the rule requiring three readings on separate days at a regular meeting of the City Council held on the 14th day of September, 2015.

 

                                                                                                                                                             __________________________________________

                                                                                              GLENNA MCCLURE, Mayor

ATTEST:

_____________________________________

BRENDA TILLEY, City Clerk