3-1: WATER SERVICE:

3-1-1: PURPOSE:

The purpose of this Chapter is to:

A. Establish reasonable rules and regulations for the operation of the City.

B.  Establish reasonable fees to be charged to customers receiving water service and provide fair, orderly, and efficient procedures for collection and termination of delinquent accounts.

C.  Establish a fair and equitable means of having all persons who hook into or receive direct and immediate benefit from water mains throughout the city by requiring owners to participate in the capital cost and maintenance of water mains fronting and providing benefits to properties and the general operation of the water system, including fire protection and other health and safety benefits.

D.  Establish fair and equitable charge for the actual cost of material and labor expended by the City whenever City crews install water service or do maintenance for a customer.

E.  Protect public health and welfare by maintaining quality water to the City and controlling cross-connections or other sources or potential sources of contamination to the water supply.

F.  Provide clean, efficient, and adequate water system for residents of the City.

3-1-2: DEFINITIONS:

Certain terms used in this Chapter shall have the meanings ascribed below:

APARTMENT: Any building or portion thereof which is designed, built, rented or leased, let, or hired out to be occupied or which is occupied as the home or residence of two (2) or more families living independently of each other and doing their own cooking within the premises.

BACKFLOW: The flow other than in the intended direction of flow, of any non-potable waters, foreign liquids, gases, or any other harmful or offensive substances into the City water supply as a result of reduced or reversed pressure.

BACKFLOW PREVENTION DEVICE: A device which, when properly installed between the City water supply system and the terminus of the customer’s water line or point of ultimate use, will prevent backflow.

CITY: The City of Minidoka, Idaho.

CROSS-CONNECTION: Any physical arrangement whereby the City water system is connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir, or any other source of water supply which contains or may contain contaminated water, sewage, or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply.

CUSTOMER LINE: The pipe, valves, and fittings leading from the meter into the premises served, including the water meter attached thereto.

METER: A water meter and its enclosure, valve, and related appurtenances which measures the volume of water used by a customer of City water service. Meter includes the meter setter which allows of meter installation and replacement without disturbing the pipes.

OPEN HOSE: The use of water through a hose without a nozzle or other pressure limiting device.

SERVICE LINE: The water pipe, valves, and fittings laid from the main to the meter.

SINGLE FAMILY DWELLING: All structures, except hotels, motels, rooming houses and apartments, which contain sleeping, restroom, cooking and dining facilities.

WATER MAIN: The publicly-owned water pipe laid in a street, road, alley, or easement conveying water for City water service.

3-1-3: EXCLUSIVE OWNERSHIP, MANAGEMENT, AND CONTROL:

A.  The City shall have exclusive ownership, management, and control of the City water system and shall have exclusive ownership, management, and control of the supply and distribution of water to the inhabitants of the City. The City may make such rules and regulations as are necessary for the complete management, control, distribution, and supply of water within and without the City. Water shall not be resold or distributed outside the City without express permission of the City.

B.  All houses, buildings, or properties within City limits used for residential, commercial, industrial, governmental, recreational, or any other purpose shall connect such facilities to a public or private water source.

C.  New houses, buildings, or properties within three hundred feet (300′) shall connect to and use water from public system. No building permit shall be issued until evidence is submitted that the owner has obtained a permit to construct a private water supply or connect to a public water system. New subdivisions shall connect to public water system for each lot of a subdivision within one-half (1/2) mile of a public water line.

D.  All existing houses, buildings, or properties served by a private water supply shall abandon the private water supply and connect to the public water system once public water becomes available within three hundred feet (300′) and the private supply becomes polluted or requires a permit for any repair, upgrade, or modification. Disconnection of a private supply shall be inspected and approved by the City. Cross-connection is not permitted.

E.  Once connected to the City water system, it shall be unlawful to disconnect.

F.  Notwithstanding the foregoing, the use of the City water supply as a primary source of irrigation in new development is prohibited and use of the irrigation system or irrigation water is required.

3-1-4: GRANTING OF FRANCHISE PROHIBITED:

No person shall be granted any franchise or permit to furnish or supply any inhabitant within the City any water for domestic or culinary use or for sprinkling of lawns and gardens within any portion thereof where the water mains have been extended or may hereafter be extended so as to supply said property with water.

3-1-5: CITY NOT LIABLE FOR DAMAGES:

The City shall not be liable for damages caused by interruptions of water supply, scarcity of water, accidents to water works or mains, or during the time of alterations, additions, or repairs or for any other unavoidable causes. Nothing herein is intended to create any private duty to any customer or create a private right of action against the City on account of any failure by the City or its officers, agents, or employees to provide water service or comply with the provisions of this Chapter.

3-1-6: DUTIES OF DIVISION HEAD: 

The Mayor shall supervise and manage the Water Division, including all supply and distribution lines, wells, pumps, storage, and fire hydrant facilities. Any powers granted to or duties imposed may be delegated to other City personnel within the City.

3-1-7: RIGHT TO TURN OFF WATER:

The Mayor may turn off water within the City water system as a whole, a portion, or single user when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or Council.

3-1-8: WASTE PROHIBITED:

It shall be unlawful for any water user to waste water or allow it to be wasted by improper use or by faulty facilities.

3-1-9: MAYOR MAY LIMIT USE OF WATER:
In times of, or in anticipation of, scarcity of water, or when the City is unable to furnish a sufficient supply of water, the Mayor may, by public proclamation, and approved by Council, limit the use of water to such extent as may be necessary for the public good. Such proclamation shall be published in two (2) consecutive issues of the official newspaper, on the city website, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Such proclamation shall have a sunset date not beyond the reasonable expected length of duration of scarcity, not beyond six (6) months.

3-1-10: INSPECTION OF PREMISES:

Free access for inspection of Service or Customer Lines shall, upon such reasonable notice as the circumstances permit, be allowed to the City of all places supplied with water from the City water system. Inspections inside any buildings, structures, premises, or improvements shall be by consent of the customer only, including those under 3-1-40. Failure to consent to a legitimate and reasonable request may provide reason for City to turn off all utilities to the premises. City shall have the right to enter the facilities of any Customer to ascertain whether the purposes of this Chapter are being met and whether Customer is complying with all requirements thereof. Customers shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A.   Where a Customer has security measures in force which require proper identification and clearance before entry into its premises, the Customer shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B.   The Director shall have the right to set up on the Customer’s property, or require installation of, such devices as are necessary to conduct sampling or metering of the Customer’s operations.

C.   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the Customer at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the Customer.

D.   Unreasonable delays in allowing the Director access to the Customer’s premises shall be a violation of this Chapter.

3-1-11:  PERMITS AND SERVICE CONNECTION FEES:

It shall be unlawful to install, alter, or connect any water service within the City to any water line within the City without first obtaining a permit from the City and paying the service connection fees set forth in this Chapter.

3-1-12: EXTENSION OF WATER MAINS WITHIN CITY:

The Mayor or the Council may extend water mains within the City at City’s expense whenever, in their sole discretion, such extension is necessary for the health, welfare, or safety of the residents of the City, provided however nothing herein shall require that such extension be made entirely at City expense. The City may require any customer desiring water service to install at the customer’s expense, or a portion thereof, a water main along, or a part of, the entire frontage of such customer’s property. The City may also require the customer to submit design drawings and specifications prior to the commencement of the construction of such extension.

3-1-13: EXTENSION OF WATER MAINS OUTSIDE CITY:

Water mains shall not, without the approval of the Council be extended outside the corporate limits of the City, unless adequate excess water is available for such service. City reserves the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice.

3-1-14: WATER SYSTEM CONNECTION FEES:

A.  Purpose. The purpose of this Section is to establish an equitable system of charging new customers for the effect, impact, or burden created whenever they enlarge an existing water service or connect a new water service to the existing wells, storage tanks, pumps, outbuildings, or appurtenances of the City water system. The City recognizes the inherent inequity of requiring existing customers or taxpayers to bear the entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of such new development. The Council hereby finds and recognizes the relationship between the nature of the uses of property and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located adjacent to their property receive a direct benefit from such water mains, including fire protection, which benefits are directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee to customers who connect to such mains in order to fund a portion of the cost incurred by the City in installing such mains.

B.  Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new or existing building or structure or for any existing building for which a change in occupancy or use, as defined under the International Building Code, as currently adopted by the City, is made and for which a new or larger water service line is installed. Notwithstanding the foregoing, no system connection fee shall be charged for connection of water service solely for fire protection services. Such system connection fee shall be in an amount set from time to time by Resolution of the Council.

C.  Water Main Connection Charge. Before connecting to any water main, all persons desiring such connection shall pay a water main connection fee in an amount based upon the estimated costs of connection depending on the length, property characteristics, and needs. If costs exceed the estimate, City shall recover the excess from the customer by billing. Any amounts recovered that exceed the actual cost shall be refunded to customer. All water mains within the City shall be deemed to have been constructed in whole or in part at City expense.

3-1-15: INSTALLATION CHARGES:

Service lines between the main line and the meter shall be installed by the City. Customer lines should be installed by the customer at their cost. Such installation shall comply with City standards with inspection and approval by the City before use.

3-1-16: LENGTH OF SERVICE LINE:

Where a water main is located in a public right of way, the maximum length of service line furnished and installed by the City for the standard installation fee set forth above shall be fifty feet (50′). Where the main is on private property, the maximum length of service line furnished and installed by the City for the standard installation fee shall be thirty feet (30′). If the length of the service line exceeds the maximums stated above, an additional charge shall be made, based on the actual cost to the City to furnish and install the extra pipe.

3-1-17: OWNERSHIP, MAINTENANCE, AND CONTROL OF SERVICE LINE:

All service lines and connections from the main to and including the meter shall be installed, owned, maintained, and exclusively controlled by the City.

3-1-18: ARRANGEMENT OF SERVICE LINE PIPES:

The service lines must be so arranged that the water supply to each building, place of business, or tract of land shall be controlled by a separate meter placed near the property line, unless a different arrangement is first authorized in writing by the City.

3-1-19: BRANCH SERVICE:

A.  No service connection serving more than one customer shall be made, except with written permission granted by City only for good cause. Such permission may only be granted where exists common ownership of the multiple connections and billing is made to that owner, not any tenants or other parties in possession of the property. If common ownership is terminated, then each connection must be separately connected.

B.  Where an existing water service provides service to several customers without written permission, the City may provide a 45 day notice that City will terminate water service until separate service connections are provided at the owner’s expense. If the City permits such existing services to continue, the established base rate shall be charged for each potential individual customer receiving service from the existing line and an additional pro rata portion for usage for each customer.

3-1-20: PERMIT REQUIRED:

No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any customer line without first obtaining a permit with at least 24-hour notice having been given to City Clerk. Such permit will only be granted after existing utility lines are previously clearly marked.

3-1-21: CUSTOMER LINE MAINTENANCE:

All water users shall at their own expense keep their customer lines, connections, and other apparatus in good repair and in a condition that avoids waste of water.

3-1-22: PERMIT TO DO PLUMBING:

No plumber or other person shall make any connections to a City water main or service line. No plumber or other person shall make alterations in any conduit, pipe, or other fixture connecting to the City mains or service lies, or connect pipes, without first obtaining a plumbing permit, if required. If a permit was required, all such work shall be inspected and approved before service is restored. If such work requires excavation within a public right of way, such person shall notify the City and also obtain a plumbing permit.

3-1-23: SERVICE CALL CHARGE:

The City may assess and collect a service charge, in an amount not to exceed the actual cost to the City, for service calls which are requested on a weekend, a legal holiday, or during a time other than normal working hours and which are only for the convenience and benefit of the customer, or which are necessitated because of plumbing which does not meet the requirements of the Uniform Plumbing Code.

3-1-24: TAMPERING UNLAWFUL:

It shall be unlawful to damage, adjust, or tamper with any portion of the City Water System or appurtenances, whether located upon public or private property, without having first obtained the express permission of the City. If any person damages the water system or in any way causes the City to expend costs as a result of such unlawful acts, the City may assess and collect the same from the person committing the same, or from the parent or guardian of any minor who commits such acts. City may also make a criminal report. Such amounts may be included upon the customer’s regular monthly billing statement for water service, and upon the customer’s failure or refusal to pay the same, water service may be terminated in accordance with the procedures set forth in this Chapter.

3-1-25: AUTHORITY TO PLACE METER:

The City may, in their sole discretion, place a meter on any service line and change the method of billing from a flat rate to a metered rate.

3-1-26: OWNERSHIP OF METERS:

All water meters installed or accepted by the City shall remain the property of the City and may be removed or replaced by the City at any time.

3-1-27: MAINTENANCE OF METERS:

The City shall maintain and repair all meters. Where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, any expense incurred by the City thereby shall be charged against and collected from the customer, and water service may be discontinued until the meter is repaired, replaced, or adjusted.

3-1-28: METER LOCATION AND ACCESS:

Meters shall be located near the customer’s property line. No meter shall be located within a structure without written consent of the City and access by the City at all times. The customer shall keep the area adjacent to the meter free from trees, shrubbery or other obstructions and shall allow the City access to the meter during normal working hours.

3-1-29: BILLING PERIODS:

All regular billing periods shall be on a monthly basis. Premises occupied for any portion of a month shall be charged a pro rata portion of the month.

3-1-30: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE:

Billing, collection, and termination for utility service shall be processed pursuant to the City billing, collection, and termination policy established under Title 3 Chapter 7.

3-1-31: WATER USER SERVICE CHARGE:

A.  A monthly service charge for water service shall be charged to all customers on a monthly basis. All charges to customers, shall be calculated in a manner that ensures each customer will pay a fair share of the costs of operation, maintenance, and capital equipment replacement based upon proportional usage of the water system. The rates established shall generate sufficient revenue to defray the costs of operating and prudently managing the water system, including but not limited to: (a) capital costs; (b) operation and maintenance costs; (c) replacement costs and reserves, and (d) debt service on bonded indebtedness. Premises occupied for any portion of a month shall be charged a pro rata portion of the month.

B.  For billing purposes, water users shall be classified and billed as Residential, Commercial, and Industrial.

C.  City shall establish monthly rates for water service supplied by City in an amount set from time to time by Resolution of the Council for the following:

1.  Monthly Non-Metered Residential Water Rates (Inside City):

a.  Single-family dwellings and mobile homes (excluding separate apartment units within such dwelling) – Per dwelling or unit;

b.  Duplex/Triplex – Per dwelling or unit;

c.  Apartment unit – Per unit.

2.  Monthly Non-Metered Commercial Water Rates (Inside City):

a.  Category 1 (Commercial Apartment Building where single bill for all tenants is paid by landlord or manager) – Per unit;

b.  Category 2 (Bar, Church, Gym, Office Space, Retail, Salon, Shop, and Warehouse) – Per business;

c.  Category 3 (Big Box Retail, Car Sales, Convenience Store, Day Care, Fast Food, Medical Office) – Per business;

d.  Category 4 (Hall, Restaurant) – Per business;

e.  Category 5 (Hotel or Rest Home with twenty (20) rooms or less) – Per business;

f.  Category 6 (Hotel or Rest Home with more than twenty (20) rooms) – Per business.

3.  Monthly Non-metered School Water Rate (Inside City): Per fifty (50) students or fraction thereof.

4.  All other non-classified businesses shall be placed into a monthly non-metered commercial water category by the Director based on anticipated interior water consumption.

5.  Monthly Metered Water Rates. The water for customers receiving metered water service shall be a monthly base metered water of three thousand (3,000) gallons plus a monthly volumetric rate per each one thousand (1,000) gallons of water used; in an amount set from time to time by Resolution of the Council. Each class of Residential, Commercial, and Industrial shall have separate rates. Users outside the City shall have a separate rate as set by Resolution of the Council.

a.  New installations without sufficient metered data shall be charged as non-metered water as defined above until such time that sufficient metered data is available.

3-1-32: WATER RATES OUTSIDE CITY:

Monthly rates charged for water furnished outside the City limits, whether metered or non-metered, shall be as set by Resolution, including a base rate and usage rate.

3-1-33: METER RATES FOR MULTIPLE METERS:

Where an individual consumer is supplied with water through more than one (1) metered service, charges shall be computed separately for each individual meter.

3-1-34: SERVICE OUTSIDE CITY:

The City shall not provide any water service to any consumer whose residence or place of business is outside the corporate limits of the City unless a written service contract and consent to annexation has been executed between the consumer and the City. All services must comply with all other requirements of the City.

3-1-35: FIRE SERVICE CONNECTION:

All fire service connections between water mains and property lines shall be installed and maintained by the City, at the expense of the owner or occupant of the premises served, and shall be the property of the City. At the time of making application for service, the applicant shall file with the City detailed plans, produced by a registered design professional, showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served. No fire service connection larger than six inches (6″) shall be installed without special permission from the Council. Upon receipt of such application and submissions by a registered design professional, the Mayor shall determine the cost for the installation of such service, taking into consideration the length and size of pipe, condition of street and sidewalk, all relative to the character of service, and such cost shall be paid by the applicant before such installation is made. No customer receiving metered water service shall use a fire service connection for domestic purposes or any purpose other than for fire protection. If the Mayor finds a fire connection is being used for any purpose other than for fire protection upon the premises, the owner or occupant shall be notified and if such improper conditions are not corrected within ten (10) days, water service to the entire premises may be terminated until proper adjustments are made. Such shall constitute theft of services.

3-1-36: FIRE HYDRANTS:

All public fire hydrants shall be maintained by the City and be kept accessible at all times. Members of the Fire Protection District shall also have free access to such hydrants. No other person shall draw or attempt to draw any water from a fire hydrant unless the person has written permission of the City and comply with any requirements for such use. The Mayor may assess an equitable charge for the consumption or use of water drawn from a fire hydrant.

3-1-37: UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS:

It shall be unlawful for the owner, tenant, occupant, lessee, or other user of City water to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system. It shall be unlawful for any person to install or maintain any cross-connection within the City.

3-1-38: BACKFLOW PREVENTION DEVICES:

A.  Backflow prevention devices shall be installed by the proper owner, tenant, occupant, lessee, or other user of City water where the nature and extent of the activities conducted or the materials used or stored on the premises would present a hazard to the public health or be deleterious to the quality of the City water supply should a cross-connection occur. Even though cross-connections may not exist at the time, backflow prevention devices shall be installed under circumstances including, but not limited to the following:

1.  Premises having an auxiliary water supply;

2.  Premises having internal cross-connections that are not correctable, or having intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist;

3.  Premises where entry is restricted so that inspections for cross-connections cannot reasonably be made;

4.  Premises having a history of cross-connections being established or re-established;

5.  Premises on which any substance is handled under pressure so as to permit the potential entry of substance into the public water supply;

6.  Premises having pumps or devices which may affect the pressure within any line connected to the City water supply;

7.  Whenever water is drawn from a public fire hydrant.

B.  All backflow prevention devices shall be installed by the property owner at the owner’s expense, and shall be of a type commensurate with the degree of hazard which exists or which could exist. An air-gap separation or a reduced pressure principle backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a public health hazard. In all other cases where the contaminant may be objectionable but not hazardous to the public health, a double check valve assembly, an air-gap separation, or a reduced pressure principle backflow prevention device shall be installed. All backflow prevention devices and the installation thereof shall be approved by the City Water Department Head or duly authorized representative.

C.  All backflow prevention devices installed pursuant to this Chapter, except atmospheric vacuum breakers, shall be inspected and tested by a certified tester at the time of initial installation and annually thereafter, or more often if deemed necessary by the City. Whenever a backflow prevention device is found to be defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City Water Department Head shall retain adequate records of all inspections, tests, or repairs made pursuant to this Chapter.

D.  If a backflow prevention device is found to be necessary, the owner, tenant, occupant, or lessee of the property shall apply in writing to the Clerk for an installation permit, specifying the type and location of such device or devices. It shall be unlawful to install, relocate, or remove a backflow prevention device without a permit.

3-1-39: INSPECTION OF NEW CONNECTION:

No building, improvement, or other structure shall be connected to the City water supply unless such structure has been inspected by the City and found free of any cross-connections or other conditions for which a backflow prevention device is required by this Chapter.

3-1-40: REQUIRED INSPECTION AND TERMINATION OF WATER SUPPLY:

The City shall make an inspection of any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross-connection exists or that a backflow prevention device should be installed pursuant to this Chapter. Whenever a cross-connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention device is necessary, the City shall cease delivery of water to such premises and the water supply shall not be resumed until the cross-connection or source of contamination is eliminated or a backflow prevention device has been installed in accordance with this Chapter.

3-1-41: PENALTIES:
It shall be unlawful for any person to violate any provision of this chapter or tamper with, alter, or injure any part of the city waterworks or water supply system, any meter, or any shutoff box. It shall be unlawful to steal services. Any violation of this chapter shall be punishable as a misdemeanor.

3-2: RESERVED:

3-3: ELECTRICAL SERVICE:

3-3-1: DEFINITIONS:

A.  Residential User: A “residential user” for the purpose of this chapter is defined as follows:

1.  A consumer of electrical energy that is served with a single- phase (120/240 volt) electrical energy and which energy is used in dwellings which includes houses, apartments, duplexes, condominiums, trailer houses or mobile homes and in which said dwellings there is no conduct of business or commercial activities.

2.   Public services, educational, religious, fraternal, and other nonprofit organizations that use single-phase 120/240-volt energy.

B.   Commercial User: A “commercial user” of electrical energy for the purpose of this chapter is defined as follows:

1.   Any person, firm, corporation and/or organization that uses electrical energy within the service area of the city electrical system for the purpose of conducting any type of commercial activities such as retail sales, services rendered for money, manufacturing or other type of business.

2.  Any consumer of electrical power that requires 3-phase electrical energy.

C.  Industrial User: An “industrial user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy within the service area of the city electrical system who demands and receives 500 kW demand or more in any one month.

D.  Irrigation User: An “irrigation user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy to pump water for agricultural purposes, meaning to water crops or pastures and croplands.

3-3-2: RATES:

The rates to be charged for consumption of electrical power by residential, commercial, irrigation and industrial users shall be set by resolution or by ordinance of the city council from time to time.

3-3-3: RIGHTS RESERVED:

City reserves the right to require the prospective electrical energy customer to execute a service contract specifying and setting forth the obligations of the parties pursuant to the city’s electrical policy, adopted from time to time by the City council. Such contract will provide for compensation necessary to justify the City’s investment in service facilities.

3-3-4: DEPOSITS:

A deposit of all new residential customers shall be required as security for payment. The deposit will be in the amount set by resolution of the council. Deposits may be used at any time by the city to be applied against the customer’s delinquent account. Upon voluntary or involuntary termination of service, the city clerk shall apply the deposit first toward the delinquent portion of the account, if any; and, then to the currently due portion of the account including any charges up to the date of termination whether or not such charges are delinquent. If there is any damage, other than normal wear and tear, to the electrical facilities at the place served, any remaining portion of the deposit may be used to offset the actual costs of repair or replacement. Any unused portion of the deposit is refundable to the customer in person at the city office. No interest will be paid on the deposit nor will interest be credited to the customer’s account.

3-3-5: MAINTENANCE OF METERS:

Owners and/or occupants of each parcel of property served by this service shall keep meters reasonably free from trees, shrubbery or other barriers or restrictions.

3-4: RESERVED:

3-5: RESERVED:

3-6: GARBAGE SERVICE:

3-6-1: DEFINITIONS:

For the purpose of this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:

COLLECTOR: The person holding a license or contract with the city and authorized to collect, handle, transport and dispose of refuse and wastes.

GARBAGE: Shall include all putrescible waste, except sewage and body waste.

REFUSE: Solid wastes, including garbage and rubbish.

RESIDENTIAL: Shall mean or have reference to single-family dwellings or duplexes. “Nonresidential” shall refer to all other dwellings or commercial or industrial uses.

RUBBISH: Shall mean refuse other than garbage.

WASTE: Unwanted solid, liquid or gaseous materials.

3-6-2: RESPONSIBLE AUTHORITY:

The council shall be responsible for the enforcement of the provisions of this chapter.

3-6-3: COMPULSORY USE OF THE SYSTEM:

Every owner and occupant of premises within the city must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with this chapter all rubbish and garbage that is of such nature that it is perishable, or may decompose or may be scattered by wind or otherwise, which is accumulated on such premises.

3-6-4: REFUSE COLLECTION:

It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse over the streets or alleys of the city, or to dump or dispose of the same, unless and until such person has a contract therefor as an authorized representative of the city.

3-6-5: REFUSE ACCUMULATION UNLAWFUL:

It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse as more particularly set out in section 5-3-2 of this code.

3-6-6: CONTAINERS

It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to keep at all times or cause to be kept portable appurtenances consisting of approved containers for the deposit therein of rubbish and garbage and, except as otherwise provided, to dispose or cause to be disposed all rubbish and garbage therein.

Persons occupying residences within the city shall have garbage containers supplied by the city’s approved trash collection hauler.

Also, any limbs and bundles, trash, grass or other garbage or debris in plastic bags as long as said bundles or bags do not exceed seventy (70) pounds each or four feet (4′) in length may also be placed for pick up with the approved containers on the day of or the evening before regular pick up.

Businesses (nonresidential) places within the city shall have containers which are covered and reasonably airtight.

3-6-7: COLLECTION AND FEE:

A.   For residential and nonresidential garbage service, collection will be at least once a week. For nonresidential service, collection may be available more often than once a week upon special prior arrangements with the city and the collector.

B.   The fee for residential service shall be set by resolution of the city council from time to time.

3-6-8: METHOD OF PAYMENT; SANITARY FUND:

Fees shall be carried on the water or other utility or service bill and the same shall be paid with said bill. Said charges shall become delinquent in the same manner.

The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the sanitary service revenue fund, and all expenses of the city in the operation of the sanitary collection and disposal system shall be paid out of such fund; and any surplus remaining therein at the end of each fiscal year shall be transferred by the council to the general fund of the city.

3-6-9: LICENSING AND CONTRACTING:

The council shall have sole authority to license or contract for the performance of all services pertaining to refuse collection and disposal. All rules, regulations and conduct of operations and all fees as provided for in this chapter shall be as determined and prescribed by the council.

3-7: COLLECTION OF SERVICE AND UTILITY CHARGES:

3-7-1: DUE DATES FOR CHARGES FOR SERVICES AND ACCOUNTS:

All monthly charges for services or utilities set forth in this title shall be billed to the individual account for the premises to which the service is rendered. Charges as set forth in this title for utility and other services, with the exception of irrigation water as set forth in chapter 2 of this title, incurred during the monthly billing periods shall all be due and payable as of the first working day of the next succeeding month and become delinquent as of the eleventh of the said succeeding month, or the first working day thereafter if such eleventh day be a holiday. Date of payment is the date the payment is actually received at the City offices, whether by mail or otherwise.

Irrigation water, which is normally billed only on an annual basis, shall be billed on the monthly billing card and in the same manner as a monthly charge in the month in which it accrues and becomes due and payable.

3-7-2: APPLICATION OF PAYMENT:

All payments received for services provided in this title may be applied to the following services in the following order:

1.  Electrical charges

2.  Sanitation charges

3.  Water Charges

Further, all payments in the above priority shall be applied first to the delinquent portion of any account, if any there be, and then to the currently due portion of the account before any is applied to the next account in priority.

The Clerk shall have authority to accept partial payments to apply on the balance due and shall also have authority to accept prepayments to apply against all future billings.

3-7-3: REMEDIES OF CITY:

The City shall have and does have and does reserve to itself all civil and other remedies available to it by statute, common law, and the other remedies and procedures set forth in this title or otherwise available in this Code and otherwise to enforce collection of charges imposed in this title, all of which remedies shall be considered cumulative to the degree allowed by law.

Further, in the event of nonpayment of any sewer charge for fee set forth in chapter 5 of this title, the City may also discontinue domestic water delivery as set forth in chapter 1 of this title to such customer in order to enforce payment of such charges, even if the domestic water account with such customer is not delinquent.

3-7-4: TERMINATION OF SERVICES:

In addition to all other remedies reserved to the City for collection of delinquent service fees and utility fees as set forth in this title, the City shall reserve and does hereby reserve the right to terminate service to a customer when the account for such service has become delinquent.

3-7-5: RESTORATION OF SERVICE:

After a service has been terminated, service may be restored upon payment of the delinquent account in full, repayment of the electrical or any other deposit required, if applicable, and payment of the reconnection fees in advance to the City Clerk, which fees shall be set by resolution of the City Council.

3-7-6: TAMPERING WITH METERS:

Any person who without prior authority of the City intentionally alters, tampers with or disconnects any metering device used by the City to register, measure or meter an amount of electricity, water, or other commodity or service delivered by the City to any customer or causes any such metering device to register an inaccurate reading shall be guilty of a misdemeanor.

3-7-7: UNAUTHORIZED CONNECTION:

Any person causing initial connection of any facilities to be served by the City domestic water, irrigation water, electric or sewer systems without the required prior authorization or who, without necessary prior authority, reconnects service to any of the said systems after having been disconnected for any reason whatsoever, shall be guilty of a misdemeanor.

3-7-8: FAULTY METERING DEVICES:

In the event that a metering device, the information from which is used to determine the amount to be paid by a City customer for a City service or utility, fails to operate or becomes faulty or does not otherwise correctly and accurately display and register the information to be displayed or registered, the City shall be entitled to charge the customer for services rendered during the period of faulty operation the average of the two (2) preceding months during which such metering device did accurately operate. This provision is applicable whether or not the customer owned the premises at that time. In the event that there is no prior history for the premises served with such service, then, in such event, the City Clerk shall make a determination as to what other three (3) premises within the City would have a similar consumption and average the consumption for the said period of time and apply that as the conclusive amount due and owing for the period of faulty operation of the metering device.

3-7-9: PROCEDURE FOR TERMINATION OF SERVICES:

The City will follow the procedure set forth below in terminating service of utilities to a customer in the event of nonpayment:

A.  Customer accounts for utility service are delinquent if not paid in full after the tenth day of the month.

B.  The City, in its delinquency notice, shall inform the customer of the right of pretermination hearing, application for which must be made within three (3) days. The notice may be mailed or delivered to the customer. If there has not been payment in full of the delinquent account or if no application for a hearing has been made, utility service may be terminated. If application is appropriately made within the stated time period, the City will not discontinue utility service until the hearing has been convened. The hearing will be conducted in front of the City Clerk and the customer shall have the right to be represented by counsel. In the hearing, the City Clerk may deal with billing errors, failures to credit payments or other accounting matters. The City Clerk also has authority to make arrangements, in the Clerk’s discretion, for payments by the customer over time in order to restore service prior to payment in full. In making such arrangements, the City Clerk shall give consideration to the customer’s past account delinquencies, the financial abilities and resources of the customer, the commercial reasonableness of the proposal and the likelihood of such delinquency not reoccurring. Decisions adverse to the utility customer of the City may be appealed to the City Council within ten (10) days of the adverse determination of the hearing before the City Clerk. The City Clerk will provide the appropriate written applications for the hearing before the Clerk and the appeal before the City Council and will inform the utility customer of the customer’s right of appeal to the City Council in the event of adverse decision. Decisions adverse to the consumer by the City Council will also inform the consumer of the right of appeal of the decision pursuant to the Idaho State Administrative Procedures Act to the appropriate court of jurisdiction.

C.  Persons who have a past due or delinquent utility account with the City and who desire new or renewed service must pay with the deposit all of past due account balance in full in cash. In the case of residential service locations, whether single-family, multi-family, rented or owned, a utility customer with a past due account shall be deemed to be all adults who were residing in the household of the former location where the delinquent utility service was provided. This shall be irrespective whether the account was in the name of such person or not. The customer receiving the new service shall be deemed to be all of the adults in the household to receive the service irrespective of who applies for the service. The applicant for new service shall give the names of all adult persons who reside at the new service location or are anticipated to reside at the location as a condition of service. The applicant shall expressly identify all adults who have a past due or delinquent utility account with the City on the application for new service. If an applicant has changed his or her or their names for any reason and has a past due or delinquent account with the City, such shall be divulged at the time of application. It shall be considered prima facie evidence of fraud or deception on an application for utility service to give a false name, apply in the name of another person, fail to give former names, fail to identify all adults who will reside at the location of the new service, fail to identify all persons who reside or will reside at the service location who have past due or delinquent utility accounts with the city, or to apply for service in the name of a minor. The obtaining of utility service by fraud or deception as herein defined shall be punishable as a misdemeanor.

D.  The city shall not deny or discontinue service of any utility prior to any requested hearing before the city clerk. The city may, in its discretion, continue service in the event of appeal to the city council. However, in the case of denying service initially where no service has been delivered for good cause, the city is not required to provide any service during the hearing pendency. The city shall honor hearing requests as soon as possible giving expeditious calendaring to all hearing requests.

3-7-10: LATE PAYMENT FEE:

Commencing sixteen (16) days after the first day of the month there shall be imposed a one-time late payment fee of ten percent (10%) of the then balance due on all residential and commercial utility and service account billings with a minimum fee of two dollars fifty cents ($2.50) per month. Also, interest at the rate of 1.75 percent per month on the unpaid balance shall be charged commencing thirty (30) days after the mailing of the utility billing. These provisions are in addition to any other remedies of the city including the termination of service. For purposes of this section, utility and service accounts shall include: domestic water, irrigation water, sewer, electricity, and garbage collection. Such one time late penalty shall be applied each month to any newly past due amount on any utility account for which a one time ten percent (10%) late penalty has not yet been assessed.

3-7-11: TERMINATION OF SERVICE TO DECEASED UTILITY CUSTOMERS:

Thirty (30) days after the death of a utility customer of the city, the utility account or accounts shall be closed and service, pursuant to that account or accounts, shall be terminated, except as follows:

A.  The estate, personal representative or heir may apply to the city to have the accounts transferred into the name of the estate, personal representative or heir upon completing the application for new service and payment of the required new service deposit.

B.  In any event, service may not be provided to the estate or personal representative of the deceased account holder for more than six (6) months from the utility account holder’s death, at which time the account must be transferred into the name of an appropriate successor in interest.

C.  The estate, personal representative or heir may apply to the city council upon appropriate showing of hardship.

D.  These provisions shall not apply when there is a surviving spouse to the utility account holder, as long as the said surviving spouse applies to have the account transferred into his or her name. Such transfer may be accomplished without payment of a new deposit.

2-1: INTERNATIONAL CODE COUNCIL AND STATE BUILDING CODES:

2-1-1: CODE ADOPTION

A.  The following recognized codes as currently adopted by the State of Idaho are adopted as the official building codes of the City of Minidoka. The adopted versions of these codes shall be effective 1 January 2026. Each code shall be deemed superseded by successive versions of such codes as they are adopted or approved by the State of Idaho effective on the 1st day of January the year following the date any such codes are made effective for the State of Idaho, unless a different date is required by state statute.

B.  For purposes of enforcement and administration of this code, the appointed Minidoka County Building Official will also be appointed and act as the Building Official for the City. (Ord. 2026-3, 3 Mar 2026)

2-1-2: PERMIT FEES:

Applicants shall pay permit and plan review fees in amounts to be determined by Resolution of Minidoka County. All permits required under city code require fees to be paid prior to a permit being issued, unless specified otherwise. (Ord. 2026-3, 3 Mar 2026)

2-1-3: EXEMPTIONS:

Agricultural buildings, as defined by the International Building Code, are exempt from the building codes adopted herein but shall remain subject to placement requirements and permits established by zoning regulations. (Ord. 2026-3, 3 Mar 2026)

2-1-4: SEVERABILITY:

This chapter is declared to be severable. Should any portion of this code be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. (Ord. 2026-3, 3 Mar 2026)

2-1-5: COPIES AVAILABLE:

A copy of each of the codes shall be held for use and examination by the public in the Office of the Clerk. (Ord. 2026-3, 3 Mar 2026)

2-1-6: VIOLATIONS:

Any violation of the following subsections shall constitute a misdemeanor, and any person, upon conviction of such violation, shall be punished accordingly. (Ord. 2026-3, 3 Mar 2026)

ARTICLE I – INTERNATIONAL BUILDING CODE (IBC):

2-1-7: PURPOSE:

The purpose of the IBC is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 2026-3, 3 Mar 2026)

2-1-8: IBC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures established by the IBC including Appendixes C, E, G, H, I, and J, published under the authority of the International Code Council, Inc., is hereby adopted as the Building Code, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures at and within the City. It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the Building Code as adopted and as may be changed, altered, or amended by the Building Code. (Ord. 2026-3, 3 Mar 2026)

Snow Load	Wind Speed (mph)					Frost Depth	Seismic – Site Class D
20 (4800)	Risk Category	I	II	III	IV	18”	Risk Category	I & II	III	IV
		95	100	105	110			C	C	D

2-1-9: IBC AMENDMENTS:

A.  The IBC 2018 Edition, and Appendices C, E, G, H, I, and J, published by the International Code Council; are amended as follows:

1. Section 101.1 inserting “City of Minidoka” in place of [name of jurisdiction].

2. Section 1612.3 inserting “City of Minidoka” in place of [name of jurisdiction] and “September 6, 1977” in place of [date of issuance].

3. 3113.1 General. The provisions of this Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code; Title 39, Chapter 43, of Idaho Code; and IDAPA 24.39.31. Exemption: This section shall not apply to manufactured housing used as dwellings. (Ord. 2026-3, 3 Mar 2026)

ARTICLE II – INTERNATIONAL RESIDENTIAL CODE (IRC):

2-1-10: PURPOSE

The purpose of the IRC is to provide certain minimum standards and requirements to safeguard life or limb, health, property, and the public welfare by regulating and controlling the design, construction, erection, alteration, moving, demolition, quality of materials, use, occupancy, location, and maintenance of all buildings and structures, where not regulated by the Building Code or the Existing Building Code, in the City. (Ord. 2026-3, 3 Mar 2026)

2-1-11:  IRC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, established by the IRC parts I through IV and IX, including Appendix Q (Tiny Houses) and Appendix S, (Strawbale Construction) published under the authority of the International Code Council, Inc., is hereby adopted as the One-And-Two-Family Dwelling Building Code for the City as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, at and within the City.  It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the One-And-Two-Family Dwelling Building Code as adopted and as may be changed, altered, or amended by the One-And-Two-Family Dwelling Building Code. (Ord. 2026-3, 3 Mar 2026)

1. Table 301.2(1) Climatic and Geographic Design Criteria as follows:

Ground Snow Loado

Wind Design

Seismic Design Categoryf

Subject to Damage From

Winter Design Tempe

Ice Barrier Underlayment Requiredh

Flood Hazardg

Air Freezing Indexi

Mean Annual Tempj

Speedd (mph)

Topographic effectsk

Special Wind Regionl

Wind-borne derbis zonem

Weatheringa

Frost line depthb

Termitec

20 (4800)

90

NO

NO

NO

B

Severe

24”

Slight/ Moderate

5

NO

1977 FIRM 160201B

1261

48.1 F

MANUAL J DESIGN CRITERIAn
Elevation	Latitude	Winter Heating	Summer Cooling	Altitude Correction Factor	Indoor Design Temperature	Design Temperature Cooling	Heating Temperature difference
4150	42	2	90	.87	70	75	68
Cooling Temperature Difference	Wind Velocity Heating	Wind Velocity Cooling	Coincident Wet Bulb	Daily Range	Winter Humidity	Summer Humidity	_____
15	15	7.5	62	H	50%	50%	______

2-1-12:  IRC AMENDMENTS:

A.  The IRC 2018 Edition, parts I through IV and IX, including Appendix Q and S, published by the International Code Council; are amended as follows:

1.  Delete Tables R403 403.4 Minimum Depth (D) and Width (W) of Crushed Stone Footings (inches), R403.1(1) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction (inches), R403.1(2) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction and Brick Veneer (inches), and R403.1(3) Minimum Width and Thickness for Concrete Footings with Cast-In-Place or Fully Grouted Masonry Wall Construction (inches). (3-20-20)T. (Ord. 2026-3, 3 Mar 2026)

ARTICLE III – INTERNATIONAL ENERGY CONSERVATION CODE (IECC)

2-1-13:  PURPOSE:

The purpose of the IECC is to establish minimum regulations for energy-efficient buildings using prescriptive, performance-based, or energy rating index compliance alternative provisions.  The provisions of this code shall regulate the design and construction of building envelopes for adequate thermal resistance and low air leakage, including the design and selection of mechanical systems, service water-heating systems, pools and spas, electrical equipment, power, and lighting systems in order to enhance the efficient use and conservation of energy in new and existing building construction. (Ord. 2026-3, 3 Mar 2026)

2-1-14:  IECC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, building mechanical systems, service water-heating systems, pools and spas, electrical equipment, power, and lighting systems, established by the IECC, published under the authority of the International Code Council, Inc., is adopted as the Energy Conservation Code as amended, and except to the extent that those said rules and regulations are hereby changed, altered, or amended by this code. (Ord. 2026-3, 3 Mar 2026)

ARTICLE IV – INTERNATIONAL EXISTING BUILDING CODE (IEBC)

2-1-15:  PURPOSE:

The purpose of the IEBC is to establish regulations to allow for the use of alternative methods from those contained in the Building Code and the One-And-Two-Family Dwelling Building Code in order to comply with and conform to those minimum requirements necessary to safeguard the health, safety, property, and public welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, or relocation of existing buildings. (Ord. 2026-3, 3 Mar 2026)

2-1-16:  IEBC ADOPTED:

All rules, regulations, and ordinances relating to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, change of occupancy, or maintenance of existing buildings, established by the IEBC, published under the authority of the International Code Council, Inc., is adopted as the Existing Building Code as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code. (Ord. 2026-3, 3 Mar 2026)

ARTICLE V – INTERNATIONAL FUEL GAS CODE (IFGC)

2-1-17:  PURPOSE:

The purpose of the IFGC is to establish minimum requirements for fuel gas systems and gas-fired appliances using prescriptive and performance-related provisions.  It is founded on broad-based principles that make possible the use of new materials and new fuel gas systems and appliance design. (Ord. 2026-3, 3 Mar 2026)

2-1-18:  IFGC ADOPTED:

All rules, regulations, and ordinances relating and applying to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance building fuel gas systems and appliances.  It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the IFGC as adopted and as may be changed, altered, or amended by the IFGC. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VI:  INTERNATIONAL MECHANICAL CODE (IMC)

2-1-19:  PURPOSE:

The purpose of the IMC is to establish the minimum acceptable level of safety and to protect life and property from the potential dangers associated with the installation and operation of mechanical systems. The code also protects the personnel that install, maintain, service and replace the systems and appliances addressed by this code. (Ord. 2026-3, 3 Mar 2026)

2-1-20:  IMC ADOPTED:

All rules, regulations and ordinances relating and applying to the design and installation of mechanical systems, appliances, appliance venting, duct and ventilation systems, combustion air provisions, hydronic systems and solar systems. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VII:  IDAHO FIRE CODE (IFC)

2-1-21:  PURPOSE:

The purpose of the IFC is to establish minimum regulations for fire prevention and fire protection systems using prescriptive and performance-related provisions. (Ord. 2026-3, 3 Mar 2026)

2-1-22:  IFC ADOPTED:

All rules, regulations, and ordinances relating to the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VIII:  ABATEMENT OF DANGEROUS BUILDINGS CODE (ADBC):

2-1-23:  PURPOSE:

It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 2026-3, 3 Mar 2026)

2-1-24:  ADBC ADOPTED:

The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. (Ord. 2026-3, 3 Mar 2026)

ARTICLE IX:  INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC):

2-1-25:  PURPOSE:

The purpose of the IPMC is to regulate the minimum maintenance requirements for existing buildings. (Ord. 2026-3, 3 Mar 2026)

2-1-26:  IMPC ADOPTED:

All rules, regulations, and ordinances regulating and applying to the minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. (Ord. 2026-3, 3 Mar 2026)

ARTICLE X:  IDAHO PLUMBING CODE (IPC):

2-1-27:  PURPOSE:

The purpose of the ISPC is to establish the minimum acceptable level of safety to protect life and property from the potential dangers associated with supplying potable water to plumbing fixtures and outlets and the conveyance of bacteria-laden wastewater from fixtures. (Ord. 2026-3, 3 Mar 2026)

2-1-28:  IPC ADOPTED:

All rules, regulations, and ordinances regulating the design and installation of plumbing systems including the plumbing fixtures in all types of buildings except for detached one and two-family dwellings and townhouses that are not more than three stories above grade in height. The regulations for plumbing systems in one- and two-family dwellings and townhouses are covered by IRC. The ISPC addresses general plumbing regulations, fixture requirements, water heater installations and systems for water distribution, sanitary drainage, special wastes, venting, storm drainage and medical gases. The ISPC does not address fuel gas piping systems as those systems are covered by the IFGC. The ISPC also does not regulate swimming pool piping systems, process piping systems, or utility-owned piping and systems. (Ord. 2026-3, 3 Mar 2026)

ARTICLE XI:  ELECTRICAL CODE (EC):

2-1-29:  PURPOSE:

The purpose of this code is the practical safeguarding of persons and property from hazards arising from the use of electricity. (Ord. 2026-3, 3 Mar 2026)

2-1-30:  EC ADOPTED:

All rules, regulations, and ordinances relating to the design, construction, operation, quality of materials, installation, alteration, and repair of electrical systems and use of electricity. (Ord. 2026-3, 3 Mar 2026)

2-2: ELECTRICAL CODE:

2-2-1: SCOPE OF CODE:

The regulations of this code shall apply to all electrical wiring and equipment installed within the city electrical service area, except wiring and equipment which is used for the generation, control, distribution or communication system of a utility and which is installed by or for, and owned and maintained by an electric or communication utility operating under due authority granted by the city.  (Ord. 2026-3, 3 Mar 2026)  

2-2-2: MINIMUM SAFETY STANDARDS:

Except as herein provided all installments of wires and equipment to convey electric current and apparatus to be operated by such current, made after the effective date of this code, shall be in accord with the national electrical code, published by the National Fire Protection Association, state of Idaho statutes, rules and regulations of the Idaho department of labor and industrial services electrical safety bureau, relating to such work so far as the same covers both fire and personal injury hazards. (Ord. 2026-3, 3 Mar 2026)

2-2-3: SPECIAL REQUIREMENTS:

All public commercial and industrial buildings, all apartment buildings with more than three (3) dwelling units and all buildings, of any kind, located within the city, shall be wired to conform to any of the following designated articles of the national electrical code:

Article 346, Rigid Metal Conduit; article 348, Electrical Metallic Tubing; article 350, Flexible Metal Conduit; article 352, Surface Metal Raceway; article 362, Wireways; article 364, Busways; article 354, Underfloor Raceways; article 356, Cellular Metal Floor Raceways; article 358, Cellular Concrete Floor Raceways; article 330, Mineral Insulated Cable; article 331, Aluminum Sheath Cable; article 347, Rigid Nonmetallic Conduit, may be used only where installed underground, embedded in concrete, or in indoor locations where subject to severe corrosive influences; article 353, Multioutlet Assemblies; article 363, Flat Cable Assemblies; article 365, Cablebus; article 366, Electrical Floor Assemblies. (Ord. 2026-3, 3 Mar 2026)

2-2-4: ALTERATIONS TO EXISTING WIRING:

When extensions and/or alterations are made to any electrical circuit in or on any building or structure, coming under the provisions of this code, which said circuit was not originally installed in a manner complying with the provisions of this code and/or the ordinances of the city, the electrical circuit, in its entirety, shall be made to conform to such provisions of this code as are particularly applicable thereto. (Ord. 2026-3, 3 Mar 2026)

2-2-5: ELECTRICAL INSPECTOR:
The mayor is hereby authorized with the consent of the city council, to enter into an agreement with the state of Idaho department of labor and industrial services electrical safety bureau, to furnish electrical inspection service to the city, as authorized by section 54-1001C of the Idaho Code. Electrical inspections made under such agreement shall be in accordance with this code by a duly appointed state electrical inspector acting as electrical inspector for the city. (Ord. 2026-3, 3 Mar 2026)

2-2-6: JURISDICTION OF ELECTRICAL INSPECTOR:

Except as herein provided the installation of electrical wiring or equipment in or on any building or structure within the city electrical service area shall be done at all times subject to inspection by the electrical inspector. (Ord. 2026-3, 3 Mar 2026)

2-2-7: AUTHORITY TO DISCONNECT:

If any electrical installation made after the effective date of this code is found to be defective or defectively installed, or otherwise not in conformity with this code, the electrical inspector may order such installation disconnected from the source of supply until the necessary corrections have been made, provided that the owner of the premises, the tenant, if any, and the power supply company shall be notified in writing. (Ord. 2026-3, 3 Mar 2026)

2-2-8: ELECTRICAL INSPECTION TAG:

A.   It shall be unlawful for any person to install or cause to be installed, any electric wiring, or equipment coming under the provisions of this code unless an electrical inspection tag, as authorized by section 54-1005 of the Idaho Code, or application for such electrical tag, properly completed, has been mailed to the Electrical Safety Bureau, State House, Boise, Idaho. Electrical contractors shall use the standard electrical contractor’s inspection tag issued to all licensed electrical contractors by the electrical safety bureau. Owners installing electrical wiring or equipment on their own property shall use the standard application for owner’s electrical inspection tag which applications shall be made available at the office of the clerk and at the local offices of the power suppliers.

B.   The city shall not connect to or energize an electrical installation coming under the provisions of this code unless the city has in possession, an electrical inspection tag, issued by the electrical safety bureau, covering the installation to be energized. (Ord. 2026-3, 3 Mar 2026)

2-2-9: STATE LICENSE REQUIRED:

A.   Journeyman Electrician: Except as herein provided it shall be unlawful for any person to perform or supervise the actual physical work of installing electric wiring or equipment to convey electric current unless such person holds a valid journeyman electrician’s license, issued by the state of Idaho department of labor and industrial services electrical safety bureau.

B.   Electrical Contractor: Except as herein provided it shall be unlawful for any person, partnership, or corporation to engage in the business of installing electrical wires or equipment to convey electric current or to enter into agreements to install such wires or equipment without a valid electrical contractor’s license issued by the state of Idaho department of labor and industrial services electrical safety bureau.

C.   Exemptions: The licensing provisions of this section shall not apply to persons making electrical installations on their own property, to apprentice electricians working under the direct, on the job supervision of licensed journeyman electricians nor to persons regularly employed to do electrical maintenance work on their employer’s premises. (Ord. 2026-3, 3 Mar 2026)

2-2-10: LIABILITY OF CITY:

This code is not to be construed to relieve from or lessen responsibility or liability of any party owning, operating, controlling, or installing any electrical wiring or equipment, for damages to person or property caused by any defects therein, nor shall the city be held as assuming any such liability by reason of the inspection required herein. (Ord. 2026-3, 3 Mar 2026)

2-2-11: REQUIREMENTS FOR NEW METER INSTALLATION:

A.   Definition Of New Installation: It shall be deemed to be a “new installation” when service entrance facilities are placed in new buildings, or when electrical wiring is replaced in existing buildings, or when installation of new services are placed in existing buildings, and shall include any remodeling or rewiring, either on the interior or the exterior on any existing building.

B.   Meters: Only socket type meters shall be used, and the meters shall be located on the outside of the buildings served with electricity; the meter bases shall be mounted five feet six inches (5’6″) to the center from the ground or walkway level.

C.   Wiring: Wiring from service wires to the meter must be in conduit and the conduit from the service wires to the meter must be exposed. No materials such as water or gas pipe fittings shall be acceptable as a substitute for electrical conduit. An entrance cap shall be used on the upper end of the conduit extending above the meter base and must not be more than one foot (1′) from the point of attachment of the service wires. There shall be at least two feet (2′) separation between any service wires and any exposed wiring on the load side of the meter.

D.   Safety Measures: All meters on a single residence shall be ahead of all fuses, switches, and/or other protective or disconnecting devices, and no wiring shall be exposed between the meter base and main switch. The main switch or disconnecting device shall be enclosed and shall contain suitable fuse or circuit breaker protection. No circuit shall be taken off between the base and the main switch except pump circuits and such pump circuits must have raintight or waterproof switches for said water pumps, and the main disconnecting device shall be situated on the outside of the building adjacent to the meter base, with a weatherproof enclosure for the fuse or breaker disconnect.

E.   Service Entrances: Weatherproofed wire shall not be used in conduits for a service entrance, and any service wires shall have a clearance of ten feet (10′) above the ground; provided, however, that where a service entrance position is to be used by public vehicles, the clearance shall not be less than eighteen feet (18′) above the ground. The service entrance shall be placed on such side of a building or structure to which service is most readily available from existing power lines. All service drop wires must be connected to a mast (subsection H of this section), which extends through the roof of the building. Masts terminating below the eaves of a roof will not be permitted.

F.   Wire Connections: The neutral wire (white) of 3-wire systems or the grounded wire (white) of a 2-wire system shall be connected to the ground terminal of the meter base.

G.   Alternative Meters: In any case where the estimated load may exceed one hundred (100) amperes per phase for continuous periods at an individual meter installation, the City may require other than self-contained metering. (1982 Code)

H.   Masts: The service entrance mast shall not be smaller than one and one- half inch (1¹/₂“) ID rigid galvanized conduit for one hundred (100) amp services, two inch (2”) ID rigid galvanized conduit for two hundred (200) amp services. Type IMC may be used if approved by the Public Works Department.

I.   Multiple Meter Installation: In the event multiple meter installations are made, all of the above requirements shall apply to such installation, except that requirement that refers specifically to the service of a single residence, and, in addition thereto, the following requirements shall be met:

1.   Electrical service shall be supplied at only one point on each individual building, and the service wires shall be 3-wire 120-240-volt. For single-phase or 4-wire combinations, 120/240-volt 3-phase, and 480-volt 3-phase. (Ord. 332, 3-27-1991)

2.   The meters shall be arranged in a horizontal position at five feet six inches (5’6″) from center of meter to ground or walkway level and shall be as close together as practical.

3.   Enclosed disconnect devices shall be provided on the load side of each meter and such devices must be classed as main switches as in other requirements, and must have suitable means for sealing. Any and all devices such as gutters, etc., installed on the line side of the meters must be of such a type that they can be sealed with standard meter seals. Permission to install gutters, splice boxes, etc., ahead of meters shall be obtained from the City before construction is started. (Ord. 2026-3, 3 Mar 2026)

2-3: BUILDINGS CONSTRUCTED OUTSIDE OF CITY:

2-3-1: APPLICABILITY OF CODES:

All buildings previously constructed outside the City limits for which a building permit would have to have been issued had the construction been within the City originally, which buildings are to be moved within City limits of the City must meet the requirements of the existing City codes applicable to buildings, including the codes set forth in chapter 1 of this title. (Ord. 2026-3, 3 Mar 2026)

2-3-2: BUILDING PERMITS AND INSPECTIONS:

Further, the owner of such a building, prior to moving the same into or within the City, must obtain a building permit and submit the structure to inspection so that it can be determined that the building meets the requirements of said codes as applicable. Any travel expenses necessary for an official of the City to conduct such inspection or, in the discretion of the City (should the City determine to hire an inspector in the locality of the building), such expense for such inspector shall be borne by the person bringing the building into the City or moving it within the City. In the case of buildings that are subject to the standards of the Building Code, as defined in section 2-1-1 of this title, the inspection will be conducted by an official certified by the International Conference of Building Officials. In the case of manufactured homes, as defined in this Code, the inspection will be conducted by a licensed engineer, who shall certify in writing that the manufactured home meets the requirements of a manufactured home Class A or manufactured home Class B, as defined in this Code. Such certification shall also expressly certify the structural integrity of any modification to the manufactured home made since its original manufacture. However, homes which meet the specifications of manufactured home Class A and which are of the current year’s manufacture or have never been sold and used as a dwelling since new from the factory are exempt from this requirement. Also, manufactured home Class B which has received a certificate of compliance within the last ninety (90) days by the Administrator of the Division of Building Safety that the home complies with the requirements of Idaho Code section 44-2503 is also exempt from this requirement, as long as such home has not been modified since issuance of the certificate. (Ord. 2026-3, 3 Mar 2026)

2-3-3: BOND IN LIEU OF COMPLIANCE:

In the event that the building does not comply with any portion of the codes above referred to, such building must be modified, altered, repaired or otherwise changed to comply with such codes; or, in the sole discretion of the City, the City may determine the expense necessary for such modification and the person wishing to bring the building into the City or move it within the City may post a cash bond for the amount of funds reasonably anticipated to hire a contractor to make such changes and/or remove the building and any foundation; or, to post a bond in the same amount with a surety to the City. A bond in the amount of five thousand dollars ($5,000.00) for manufactured homes or a bond in the sum of ten thousand dollars ($10,000.00) for all other types of single-family dwellings shall be presumed to be reasonable minimum amounts. For all other buildings, the amount shall be set by the Community Development Director. The owner of the building may appeal the decision of the Minidoka County Building Official to the City Council if the owner believes the bond amount to be excessive. Such appeal shall be in writing, delivered to the City Clerk. (Ord. 2026-3, 3 Mar 2026)

2-3-4: BOND FORFEITURE:

In the event that the owner of the building posts such a bond and fails within one hundred eighty (180) days to make the corrections, changes, repairs or improvements as required, such bond shall be forfeited to the City. (Ord. 2026-3, 3 Mar 2026)

2-3-5: CITY’S REMEDIES:

Bond forfeiture does not prevent the City from taking such other legal action as is necessary to abate any private or public nuisance or otherwise require removal of the structure from the City at the expense of the owner or person bringing the structure within the City. (Ord. 2026-3, 3 Mar 2026)

2-4: ELECTRICAL SAFETY CODE:

2-4-1: ADOPTION OF NATIONAL ELECTRICAL SAFETY CODE:

To provide for the safeguarding of persons and property from the hazards arising from the installation, operation, or maintenance of: a) conductors and equipment in electric supply stations, and b) overhead and underground electric supply and communication lines, the City hereby adopts the 2002 edition of the National Electrical Safety Code as promulgated by the Institute of Electrical and Electronics Engineers, Inc., and the American National Standards Institute. (Ord. 2026-3, 3 Mar 2026)

2-4-2: CLERK TO MAINTAIN A COPY:

As provided by Idaho law, the City Clerk shall maintain one copy of said code. (Ord. 2026-3, 3 Mar 2026)

2-4-3: ENFORCEMENT, REMEDIES, AND PENALTIES:

The Minidoka County Building Official and/or his designee(s) shall be and are empowered to conduct inspections and to seek and obtain enforcement of the provision of this chapter as it may be applicable. The City reserves all rights at law and equity for the enforcement of this chapter, including the seeking of damages and/or injunction or both. Any violation of the provisions of this chapter shall constitute a misdemeanor. (Ord. 2026-3, 3 Mar 2026)

2-5: REGULATIONS FOR USE OF PUBLIC EASEMENT:

2-5-1:  PURPOSE AND INTENT:

The purpose of this Chapter is to regulate and control the use of public easement within applicable laws to:

A.  Establish a policy concerning the use of public easement by providers or other persons. 

B.  Establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of providers or other persons;

C.  Promote competition;

D.  Encourage the provision of advanced and competitive services on the widest basis to the businesses, institutions, and residents;

E.  Permit and manage reasonable access to the public easements of the city for telecommunications or other purposes on a competitively neutral basis;

F.  Assure that all providers or other persons constructing, repairing, or maintaining facilities within the easements comply with ordinances, rules, and regulations; and

G.  Assure the City can continue to fairly and responsibly protect the public health, safety, and welfare.  (Ord. 2026-3, 3 Mar 2026)

2-5-2:  DEFINITIONS:

For the purpose of this Chapter, the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise.  When not inconsistent, words in present tense include future, words in plural include singular, singular include plural.  Words not defined shall be given their common and ordinary meaning:

APPLICANT:  Any person or entity that applies for any permit pursuant to this Chapter. 

CITY:  The City of Minidoka, Minidoka County, Idaho or its authorized designees.

CITY PROPERTY:  All real property owned by the City or dedicated for a specific purpose, other than public ways and utility easements as those are defined herein.  City property shall include, for example, all City-owned poles, buildings and antenna support structures and infrastructure outside of the public ways, provided that additional Agreements, Pole Attachment Agreements or Leases with the City shall be required for their use. 

EASEMENT: As used in this chapter and in title 9 of this Code, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law.

ENCROACHMENT: Any impermissible or unlawful use of an easement. It includes any unauthorized use of an easement, including, but not limited to: construction of unauthorized structures upon an easement; unauthorized blocking of any easement or unauthorized restriction of access or use of same; an expansion of use beyond the grant of use; use of the easement for purposes not granted or reserved by the City; or any other improper use or any misuse of the easement as defined by law.

PERMIT:  The authorization in whatever form whereby the City may grant permission for construction to a provider or other person to enter and use the specified public ways for the purpose of installing, maintaining, operating, repairing, or removing facilities. 

PERSON:  Includes any natural person, sole proprietorship, joint venture, corporations, associations, partnerships, limited liability companies, and any other form of entity.  Person shall not include the City.

PROVIDERS:  Include all broadband, telecommunications, video service, telephone, gas, electric, and other utility service and infrastructure providers.

STATE:  State of Idaho

TELECOMMUNICATIONS PROVIDER:  A telecommunications service provider or infrastructure provider, or both, as applicable.

TELECOMMUNICATIONS SERVICE:  As defined in 47 U.S.C. 153(53). (Ord. 2026-3, 3 Mar 2026)

2-5-3: CONTROL AND USE OF EASEMENTS:

A.  Exclusive Control.  All City easements are and at all times hereafter remain under the exclusive control of the City, unless otherwise herein provided.  The City’s consent or other permission to use an easement does not negate the City’s continuing right of control or supervision of the easement and its use. 

B.  Use.  No structure use restriction of any kind is permitted upon a City easement except as herein provided.  Access over a City easement shall be only as permitted by the City as herein provided or as established by policy of the City. 

C.  Sheds, doghouses, and other structures not requiring a building permit.  Sheds, doghouses, and other similar structures (like fences, etc.), which do not require a building permit, may be placed on a City easement upon the following conditions:

1.  Such sheds or doghouses, etc., must be placed on skids or are otherwise not permanently affixed or anchored to the ground or to concrete or other permanent foundation. 

2.  Any fence constructed on an easement must, in the opinion of the City, not be burdensome for the City to negotiate around to use or access the easement and also, must have an unlocked access gate or doorway to the easement of the size and type approved by the City. 

3.  The owner of the encroaching structure must sign an acknowledgement with the City, in a form approved by the City, that provides for a hold harmless covenant in favor of the City in the event that the City, in its discretion, decides that the shed or structure must be moved or destroyed in order to make use of the easement.  Such agreement shall cover the items in or with the structure as well.  The agreement will also provide for the removal of the structure by the City will occur at the cost of the owner and in case of emergency, could occur without prior notice. 

4.  The structure must be used for a lawful purpose and may not constitute a private or public nuisance.

5.  The structure cannot store hazardous or toxic substances or any other substance if the intentional or inadvertent release of such would violate any environmental protection laws.

6.  The structure cannot be used for human occupancy.

7.  Consent to allow a structure to be placed on an easement lies in the sole discretion of the City and can be revoked at any time.

D.  Structures Requiring a Building Permit.  Unless otherwise herein permitted, a structure which requires a building permit to be built or which is placed on or attached to a foundation or otherwise anchored to the ground or any other encroaching structures not described in subsection C of this section may not be placed on a City easement.  If the encroaching structure is not removed voluntarily by the landowner, then the City may undertake legal proceedings to have it removed, unless an emergency occurs which, in the City’s opinion, requires its immediate removal, at which point the City will accomplish the removal without notice and at the expense of the owner of the structure. 

E.  Public Utility Structures:

1.  Access.  Public utilities or other utility providers, as contemplated in Idaho Code 50-329A or other persons, are granted access to City’s easements as herein provided.

2.  Multiple uses.  Easements can, as the City permits, be used for multiple utility uses, such as for access and also to provide for more than one buried or overhead utilities services or other facilities.  In the case of multiple uses, consent for uses will generally be on a “first come, first served” basis, unless determined otherwise by the City, in its sole discretion, as to the needs of the City.  Multiple users of utility easements are expected to use the facilities cooperatively and with due consideration to other uses and to make accommodations as needed to permit multiple uses of an easement. 

3.  City is sole arbiter.  The City is the sole arbiter of use of the easement and also as to questions of joint use between lawful users.

F.  No prescriptive rights.  No party may gain prescriptive rights as to the use or occupancy of an easement nor any change or use or expansion of use. 

G.  Consent not implied.  Consent to use or encroach upon an easement shall not be implied.  All use of an easement must be by consent or other permission or grant of use and must be made in writing from the City.

H.  Agreement for use.  Other than use of an easement by the City itself, use of an easement must be by written agreement approved by the City.  Abandonment of use of an easement for more than two (2) years shall require a new written agreement to establish use. 

I.  Consent to permit encroachments.  On occasion the City, in its sole discretion, may consent to an encroachment on an easement.  The following minimum considerations will apply:

1.  The structure must have been in continuous use for at least the last ten (10) years.

2.  The structure must be in good repair and not otherwise abandoned. 

3.  If the structure is either destroyed or becomes dilapidated, it must be removed and a replacement structure cannot be erected in its place unless the replacement structure is qualified for use under this section.

4.  At the end of the useful life of the structure, no replacement structure may be erected in its place.

J.  Lawful uses.  Lawful uses of easements for public utility, video telecommunications or broadband purposes shall be deemed to be uses consented to by the City and no new written application is required; however, a permit is required and must be paid for by the provider.  (Ord. 2026-3, 3 Mar 2026)

2-5-4: FEE AND COST REIMBURSEMENT

A.  A person or entity seeking a permit, franchise, or agreement for the use of City Easement or other property for facilities shall:

1.  Reimburse the City for fees, costs, and expenses incurred by the City for application reviews, plan reviews, review and administration of applicable permits, testing, and inspection within the City.  This includes, by way of illustration and not limitation, concrete plant mix; pavement placement; sidewalk replacement; landscaping repair including sod, irrigation lines, sprinklers, shrubs, and trees; traffic control set up; street restoration; graffiti removal; clean-up; public safety. 

2.  Pay to the City a non-refundable fee to cover the cost of all direct and indirect administrative expenses and staff efforts devoted to developing, drafting, negotiating, and finalizing a franchise or agreement for the use of City Easement or other property for its facilities;

3.  Reimburse the City for all out-of-pocket processing costs, including but not limited to the cost of publication of notices related to the franchise or agreement for the use of City Easement or other property for their facilities;

4.  Reimburse the City for the City’s reasonable outside attorney fees, consultant fees, and expenses incurred in developing, drafting, negotiating, and finalizing the franchise or other agreement for use of City Easement or other property for their facilities; and

5.  Pay all franchise fees, other fees, and taxes as permitted by Federal and State Law.

B.  The fees, taxes, and costs paid shall not be offset against any franchise fees or other amounts payable to the City during the term of the franchise or agreement.  All payments are due within thirty (30) days of written notice from the City. (Ord. 2026-3, 3 Mar 2026)

2-5-5: BUSINESS LICENSE:

A City business license is required for all providers, unless specifically waived by the City.  (Ord. 2026-3, 3 Mar 2026)

2-5-6: PERMIT REQUESTS:

Requests for permits to install, maintain, operate, repair, and remove facilities shall be submitted to the City upon forms to be provided by the City and shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:

A.  The installation, maintenance, operation, repair, or removal of facilities will be in accordance with all applicable codes, rules, and regulations;

B.  Preliminary engineering plans, specifications, and a map showing where the facilities are to be located within the City, all in sufficient detail to identify:

1.  Location and route requested for the proposed facilities. 

2.  Location of the overhead and underground lines and equipment in the public ways along the proposed route.

3.  Specific trees, structures, improvements, facilities, lines, equipment, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction. 

C.  If a provider is proposing underground installation with new ducts or conduits to be constructed within the public ways, the following shall be provided;

1.  Location proposed for new ducts or conduits;

2.  Evidence that there is sufficient capacity within the public ways for the proposed facilities.

D.  Construction methods to be employed for protection of existing structures, fixtures, lines, and other facilities within or adjacent to the public ways or easements.

E.  Proposed construction schedule and work hours which may be limited by the City for public health, safety, and welfare related issues.  (Ord. 2026-3, 3 Mar 2026)

2-5-7:  TRAFFIC CONTROL PLAN:

Any permit which involves work on, in, under, across, or along any public way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.  The traffic control plan must be approved prior to approval of the permit. (Ord. 2026-3, 3 Mar 2026)

2-5-8:  ROAD CLOSURE:

A permittee must coordinate with the City Administrator, Engineer, and Police Chief forty-eight (48) hours before any lane, sidewalk, or road closure and obtain reasonable permission for the closure. (Ord. 2026-3, 3 Mar 2026)

2-5-9:  TERMS AND CONDITIONS:

A.  All work being performed within City Easement is subject to inspection whether by City or by its representative.  Providers shall notify adjacent residents and businesses of proposed work and make accommodations to maintain access to properties affected by construction activity. 

B.  Open trenches are protected to prevent accidental ingress by people, animals, or vehicles. 

C.  Contractor will provide City with compaction reports for all backfill activities. 

D.  Unless stated in the permit, the permit is granted for one hundred eighty (180) calendar days and all work must be completed in that time.  Applicant or permittee may apply for an extension.  Any work, repairs, or remediation not completed in time shall be subject to a $100 weekly inspection fee until work has been completed to the satisfaction of City.

E.  Failure to abide by the terms and conditions of a permit or of any associated agreement is considered due cause for revoking a permit. 

F.  Permittee shall file, at least quarterly, a statement of system construction and build-out to date, and as-built maps of underground and aerial build-out and per linear foot distances and locations in a GIS format acceptable to the City.

G.  Providers are limited to three (3) open permits in process at one time.  Where the maximum number of approved permits are open, the City will not approve a new permit until complete restoration of the Easement, sidewalks, curbs, gutters, roads, and to the extent applicable, work done on affected private property, occurs. 

H.  As practicable and economically feasible, the construction and location of facilities shall be of minimal impact to private property including, but not limited to, yards and fences.  All construction and maintenance of any and all facilities on private property shall be and remain the responsibility of the providers or other persons.  Prior to beginning any construction, notice shall be provided at least five (5) days before commencing work by door hanger or other appropriate written notice to all private property owners.  Gates shall not be left open, yards in disarray, or fences hopped. 

I.  When any opening is made in a yard on private property or fences are disturbed, such shall be promptly restored to as good or better condition than that existing before the work commenced.  If the permittee or provider fails to complete the work referred to within the time prescribed and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the work to the provider.  Payment shall be remitted to the City within thirty (30) days of receipt of an itemized list of costs.  All work shall be done in compliance with all laws, regulations, and ordinances of the City and State.

J.  The transmission and distribution system, lines, wires, and appurtenances of the provider shall be located, installed, and maintained so as not to endanger or interfere with the lives of persons or to unnecessarily hinder or obstruct the free use of private property, City or other easements, or other public property. (Ord. 2026-3, 3 Mar 2026)

2-5-10:  FRANCHISE OR OTHER AGREEMENT REQUIRED:

In addition to obtaining any and all requisite permits from the City, a provider desiring to place its facilities in easements or public ways must first obtain a Franchise or other Agreement from the City, unless a specific exception is clearly provided by Federal or State law. (Ord. 2026-3, 3 Mar 2026)

2-5-11:  LEASE OR OTHER AGREEMENT REQUIRED:

In addition to obtaining any and all requisite permits from the City, providers desiring to place their facilities on City property (other than public easements) must first obtain a Lease or other Agreement from the City. (Ord. 2026-3, 3 Mar 2026)

2-5-12:  RELIEF:

The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this Chapter.  Violation of the terms of this Chapter may also result in the revocation of any permit or franchise or other agreement granted hereunder. (Ord. 2026-3, 3 Mar 2026)

2-5-13:  FEES AND COMPENSATION NOT A TAX:

The franchise fees and charges provided for or any compensation charged and provided for herein, whether monetary or in-kind (to the extent permitted by law), are separate from, and additional to, any and all Federal, State, local, and City taxes as may be lawfully levied, imposed or be due from a provider, its customers, or subscribers, or on account of the sale, delivery, or transmission of service. (Ord. 2026-3, 3 Mar 2026)

2-5-14:  NONEXCLUSIVE GRANT:

No permit issued hereunder shall confer any exclusive right or privilege to occupy or use the public way or easement for delivery of services or any other purposes. (Ord. 2026-3, 3 Mar 2026)

2-5-15:  POLICE POWER:

In accepting any permits issued hereunder, the provider acknowledges that its rights thereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety, health, and welfare of the public, it being understood that such exercise must be done in accordance with applicable law and be related to use and management of public ways or easements. (Ord. 2026-3, 3 Mar 2026)

2-5-16:  REGULATION BY THE CITY:

In addition to the inherent powers of the City to regulate and control any permit it issues, and those powers expressly reserved by the City, or agreed to and provided in any permit, the right and power is hereby reserved by the City to adopt such additional regulations as it may find necessary in the exercise of its lawful powers to manage the public ways or easements. (Ord. 2026-3, 3 Mar 2026)

2-5-17:  CODES:

Construction of facilities shall be done in accordance with all applicable Federal, State, and local laws, codes, rules, and regulations. (Ord. 2026-3, 3 Mar 2026)

2-5-18:  COMPLIANCE WITH ONE-NUMBER LOCATOR SERVICE:

All providers or other persons shall, before commencing any construction in the public way or easement, comply with Idaho DIGLINE (“Idaho 811”).  Underground utilities must be located and marked prior to any trenching or boring work. (Ord. 2026-3, 3 Mar 2026)

2-5-19:  NOTICE OF WORK EMERGENCIES:

In the event of an unexpected repair or emergency, a provider may commence such repair and emergency response work as required under the circumstances, provided the provider shall notify the City as promptly as possible, including on-call, before such repair or emergency work commences or as soon thereafter as possible, if advance notice is not practicable.  Further, the provider shall apply for a permit and pay all associated fees as soon as the emergency is abated. (Ord. 2026-3, 3 Mar 2026)

2-5-20:  MOVING A BUILDING:

Whenever any Person shall have obtained permission from the City to use any public easement for the purpose of moving any building, a provider upon seven (7) days written notice from the City shall raise or remove, at the expense of the Person desiring to move the building, any of the provider’s facilities which may obstruct the moving or removal of such building; provided, that the Person desiring to move the building shall comply with all requirements of the City of the movement of buildings and remit the applicable cost of raising or removing the facilities prior to the commencement of such work. (Ord. 2026-3, 3 Mar 2026)

2-5-21:  CITY DAMAGE TO FACILITIES:

Unless directly or proximately caused by the sole negligence or willful misconduct of the City, City shall not be liable for any damage to any facilities within the public easement as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind within the public easement by or on behalf of the City. (Ord. 2026-3, 3 Mar 2026)

2-5-22:  RESTORATION:

A.  When a provider or other Person does any work in or affecting any public easement, it shall, at its own expense, promptly remove any obstructions therefrom and restore such public easement to the condition as existed before the work was undertaken.

B.  If weather or other conditions do not permit the complete restoration required by this subsection, the provider shall temporarily restore the affected public easement.  Such temporary restoration shall be at the provider’s sole expense and the provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 

C.  A provider or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares, and other measures as required for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle, or property by reason of such work in or affecting such public ways.

D.  The City Public Works and Community Development Departments shall be responsible for inspection and final approval of the condition of the public easement following any construction and restoration activities. 

E.  Whenever a provider intends to discontinue using any facility within an easement, it shall submit for approval a complete description of the facility and the date on which it intends to discontinue using the facility.  The provider may remove the facility or request the City permit it to remain in place.  Notwithstanding a request that any such facility remain in place, the City may require removal of the facility from the easement or modify the facility to protect the public health, welfare, safety, or convenience, or otherwise serve the public interest at no cost to the City.  The City may require a combination of modification and removal of the facility.  The provider shall complete such removal or modification in accordance with a schedule as set by the City.  Until such time as removal or modification of the facility occurs as directed by the City, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, the provider shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the easement, in the same manner and degree as if the facility were in active use, and shall retain all liability for such facility.  If the provider abandons its facilities, the City may choose to use such facilities for any purpose whatsoever. 

F.  If the provider fails to complete any required work to the satisfaction of the City, the City may cause the work to be done, and the provider shall reimburse the City for the reasonable costs and expenses incurred within thirty (30) days after receipt of an itemized list of the City’s expenses and costs, or the City may recover its expenses and costs from the bonds or pursue any other judicial remedies for the collection thereof.  Any expenses incurred in the collection by the City of such obligation shall be included in the monies due the City including reasonable attorney fees, court costs, and expenses for work conducted by City staff or its agents. (Ord. 2026-3, 3 Mar 2026)

2-5-23:  FIBER CAPACITY:

A telecommunication provider shall have the right, without prior City approval, to offer or provide fiber capacity or bandwidth to other carriers, resellers, customers, or subscribers consistent with such permit; provided, however, that the telecommunication provider shall remain responsible for the compliance with this Chapter and such permit, and provided that the other carrier or reseller must obtain any necessary Franchise or other Agreement required by the City. (Ord. 2026-3, 3 Mar 2026)

2-5-24:  INSURANCE:

A.  Each provider shall secure and maintain the following insurance policies insuring both the provider and the City against claims for death or injuries to Persons or damage to property which may arise from or in connection with the acts, omissions, or exercise of the rights, privileges, and authority granted to the provider:

1.  Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: a) three million dollars ($3,000,000) for bodily injury or death to each Person; and b) three million dollars ($3,000,000) for property damage resulting from any one accident;

2.  Automobile liability insurance for owned, non-owned, and hired vehicles with a combined single limit of three million dollars ($3,000,000) for each accident;

3.  Worker’s compensation within statutory limits and employer liability insurance with limits of not less than one million dollars ($1,000,000);

4.  Excess umbrella liability with limits of no less than five million dollars ($5,000,000) per occurrence and in the aggregate.

B.  Insurance shall be placed with insurers licensed to do business in the State with an A.M. Best rating of A VII or better.  The liability insurance policies required by this subsection shall be maintained by the provider throughout the term of the permit, and such other period of time during which the provider has facilities in the public easement or is engaged in the removal of its facilities.  Failure to maintain such insurance shall be grounds for cancellation of the permit, Franchise, or Agreement.  The provider shall furnish acceptable certificate(s) of insurance, together with the endorsement naming the City to the City prior to the commandment of any work or installation of any facilities pursuant to any permit. 

C.  The provider’s insurance shall be primary and noncontributory insurance as respects the City.  Any insurance maintained by the City shall be in excess of the provider’s insurance and shall not contribute with it.  Maintenance of insurance shall not be construed to limit the liability of the provider to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. 

D.  In addition to the coverage requirements set forth in this subsection, the provider must notify the City in writing of any cancellation or reduction in coverage at least forty-five (45) days in advance.  At least fifteen (15) days prior to cancellation or reduction in coverage, the provider shall obtain and furnish to the City replacement insurance and certificate(s) of insurance meeting the requirements of this section.

E.  All insurance policies shall contain a waiver of subrogation against the City for any claims arising out of the provider’s work or service.  The provider shall be responsible for all deductibles under the policies. (Ord. 2026-3, 3 Mar 2026)

2-5-25:  INDEMNIFICATION:

A.  A provider shall indemnify, protect, defend, and hold harmless the City from any and all actions, causes of action, suits, claims, costs, damages, expenses, attorney fees, judgments, settlements, awards, or liability to any Person or entity arising from injury, sickness, or death of any Person or damage to property arising out of the acts or omissions of the provider, its contractors of any tier, agents, servants, officers, or employees with regard to a permit, Franchise, Agreement, or operations. 

B.  Inspection or acceptance by the City of any work performed by the provider at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification.  Provided, that the provider must be given written notice by the City of any such claim, and said indemnification obligations shall also extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the initiation of any litigation.  The City has the right to defend or participate in the defense of any such claim and has the right to approve any settlement or other compromise of any such claim.

C.  In the event that the provider refuses the tender of defense in any suit or claim, said tender having been made pursuant to this subsection, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties agree to decide the matter), to have been a wrongful refusal on the part of the provider, then the provider shall pay all of the City’s costs for defense of the action, including all expert witness fees, attorney fees, and expenses. 

D.  The obligations of the provider under the indemnification provisions of this subsection shall apply regardless of whether liability for damages arising out of bodily injury or death to Persons or damages to property were caused or contributed to by the negligence of the City, its officers, agents, employees or contractors.  The court shall apportion liability accordingly. (Ord. 2026-3, 3 Mar 2026)

2-5-26:  LIMITATION OF DAMAGES:

In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with the City’s performance or failure to perform.  The provider releases and waives any and all such claims against the City. (Ord. 2026-3, 3 Mar 2026)

2-5-27:  CONSTRUCTION BOND:

Providers performing work in the public ways must also provide a construction bond acceptable to the City equal to at least one hundred fifty percent (150%) of the estimated cost of each phase of construction and restoring the public ways to their pre-construction condition. (Ord. 2026-3, 3 Mar 2026)

2-5-28:  COORDINATION OF CONSTRUCTION ACTIVITIES:

All providers are required to cooperate with the City and with each other in coordination of construction activities.  The City Public Works and Community Development Departments shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to public easement. (Ord. 2026-3, 3 Mar 2026)

2-5-29:  ASSIGNMENT OR TRANSFER:

Ownership or change in control of a permit, Franchise, or Agreement granted hereunder may not occur, directly or indirectly, or be transferred, assigned or disposed of by sale, merger, consolidation, or other act of a provider, without the prior written consent of the City, which shall not be unreasonably withheld. (Ord. 2026-3, 3 Mar 2026)

2-5-30:  ADDITIONAL DUCTS OR CONDUITS:

City may require a provider that is constructing, relocating, or placing ducts or conduits in the public easement provide the City with additional ducts or conduits and related structures necessary to access the same.  The terms and conditions under which such additional ducts and conduits shall be provided are subject to the mutual written agreement of the provider and City. (Ord. 2026-3, 3 Mar 2026)

2-5-31:  CITY APPROVAL:

Upon completion of any construction, installation, maintenance, repair or replacement work, the permittee shall, to the satisfaction of the City, promptly repair and restore any and all public ways, City property and private property including improvements, fixtures, structures, and other facilities in the public easement, to as nearly as practicable their condition before the start of such work.  All providers shall warrant such work for a period of at least one (1) year. (Ord. 2026-3, 3 Mar 2026)

2-5-32:  ABOVE-GROUND FACILITIES:

Installation in the public easement of above-ground wires and facilities by providers may create safety hazards and adverse visual effects.  Consequently, the City is authorized to impose reasonable conditions in order to mitigate those potential adverse effects. (Ord. 2026-3, 3 Mar 2026)

2-5-33: UNDERGROUND CONSTRUCTION AND BORING TECHNIQUES:

All underground construction and boring techniques are subject to the pre-approval of the City Engineer.  In the event of non-compliance by a provider, the City Engineer shall give written notice and the provider shall have ten (10) days to cure the deficiency.  If the deficiency is not cured to the satisfaction of the City Engineer, a written stop work order will be sent to the provider and no new permits will be issued until the deficiency or default is cured to the satisfaction of the City. (Ord. 2026-3, 3 Mar 2026)

2-5-34: CONFLICT:

In the event of a conflict between the regulations in this Chapter and any other provision of City Code, the regulations in this Chapter shall prevail. (Ord. 2026-3, 3 Mar 2026)

2-5-35:  SEVERABILITY:

If any section, subsection, clause, or phrase of this Chapter, or its application to any Person or circumstance, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions. (Ord. 2026-3, 3 Mar 2026)