AN ORDINANCE OF THE IDAHO COUNTY COMMISSION, PROVIDING FOR THE APPROVAL AND RATIFICATION OF FENN HIGHWAY DISTRICT RESOLUTION NO. 2009.1, A TRUE AND CORRECT COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY:

Section 1: The Resolution of the Fenn Highway District, which is attached hereto and hereby incorporated by this reference, is approved as an Ordinance of Idaho County, Idaho. The Resolution shall have the effect within the territorial limits of the Fenn Highway District of a County Ordinance within that jurisdiction. Each of the terms of said resolution are incorporated herein as is set out fully.

Section 2: The Fee Highway District shall incur all costs of publication of this Ordinance and the attached Resolution which is par of hereof.

Section 3: This Ordinance shall be effective only upon the concurrent adoption by the Fenn Highway District of the Resolution, within 30 days of the passage of this Ordinance by the Idaho County commission. A failure of the Fenn Highway District to adopt the Resolution within 30 days and a delivery of a certified copy thereof to the Idaho County Clerk shall render this Ordinance void.

Section 4: This Ordinance shall be effective upon its passage, approval, and publication subject to the conditions described above.

Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

This ordinance passed by the Idaho County Commission on the 6 day of January, 2009.

FENN HIGHWAY DISTRICT RESOLUTION NO. 2009.1

A RESOLUTION OF THE FENN HIGHWAY DISTRICT, A MUNICIPAL CORPORATION SITUATE IN IDAHO COUNTY, IDAHO ORGANIZED PURSUANT TO THE AUTHORITY IN TITLE 40 CHAPTER 13 IDAHO CODE; PROVIDING FOR THE AUTHORITY OF THE FENN HIGHWAY DISTRICT TO ESTABLISH PROCEDURES FOR THE ABATEMENT AND REMOVAL OF ABANDONED AND USELESS JUNK, OR DISMANTLED OR INOPERABLE VEHICLES PARTS THAT CONSTITUTE LESS THAT THE WHOLE VEHICLE ON THE PUBLIC RIGHTS OF WAY OF THE FENN HIGHWAY DISTRICT; PROVIDING FOR THE CRIMINAL PENALTIES; PROVIDING FOR NOTICE TO THE OWNERS OF OR POSSESSORS OF SUCH ABANDONED PERSONAL PROPERTY PRIOR TO THE IMPOSITION OF ORDERS FROM THE BOARD OF COMMISSIONERS TO SUCH OWNERS TO REMOVE SUCH ABANDON PERSONAL PROPERTY; PROVIDING FOR THE ABATEMENT AND REMOVAL IN THE EVENTS OF A FAILURE OF THE OWNER OR POSSESSOR TO REMOVE SUCH ABANDONED PERSONAL PROPERTY AFTER NOTICE;

THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FENN HIGHWAY DISTRICT AS FOLLOWS:

Section 1: The following regulations are adopted concerning abandoned junk, or other abandoned useless personal property, or vehicles so dismantled and inoperable to constitute less than a whole vehicle that are located on the public rights of way under the jurisdiction of the Fenn Highway District:

A)                Abandoned motor vehicles that are intact enough to qualify as a vehicle shall be subject to the provisions of Title 49 Chapter 18 of the Idaho Code concerning their removal.

B)                 Motor vehicle parts that are dismantled such that they no longer constitute a whole vehicle, or other abandoned junk or useless personal property placed on the public rights of way within the Fenn Highway District shall be then subject to the following rules:

1.                  Accumulation Unlawful: The accumulations and storage of abandoned, wrecked, junk, dismantled, or inoperative vehicle parts less than the whole of the vehicle on the public rights of way of the Fenn Highway District is found to create a condition tending to limit the use of the public rights of way of the Fenn Highway District and such collection of such useless personal property tend to create dangerous situations, create fire hazards, create attractive nuisances, and create a hazard to the health and safety of citizens within the Fenn Highway District. Therefore, the presence of such abandoned, junk, other useless personal property, dismantled or inoperative vehicles parts less than the whole of the vehicle on the rights of way within the Fenn Highway District is specifically prohibited and hereby declared to be a public nuisance which may be abated in accordance with the provisions of this Resolution.

2.                  Definition: An abandoned, wrecked, or dismantled inoperable motor vehicle part less than a whole vehicle, herein called a junk vehicle part shall be defined as any unsightly motor vehicle part that cannot be towed away but must be hauled away.

C)                It shall be unlawful and a misdemeanor for any person or persons, firm, partnership or corporation, or other entity to maintain a junk vehicle part or any other abandoned useless personal property as defined herein on the public rights of way within the Fenn Highway District for more than three (3) days.

D)                Exemptions:  this Resolution shall not apply to a whole vehicle, or part thereof, or personal property which is temporarily stored in a lawful manner out of the main traveled portion of the right of way in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer when such storage or parking is necessary for the operation of a lawfully conducted business or commercial enterprise. Temporary placement under this exemption shall never exceed 15 consecutive days for any such motor vehicle part or other piece of personal property that is located on the public right of way.

E)                 Removal: The Board of Commissioners of the Fenn Highway District or their designated agent my order the removal of any such useless personal property, the placement of which violates the term of this Resolution and/or exceeds any allowed exemptions described above.

F)                 Notice: A true copy of such order shall be placed upon the abandoned personal property and copies of such order shall be served upon any adult owning or possessing such abandoned personal property if known. If no owner or possessor of such abandoned personal property can be found, a notice affixed to the actual personal property shall constitute notice to the owner or possessor of said personal property.

G)                Failure to Remove: It shall be unlawful and a misdemeanor for any person who is (1) the owner of a junk motor vehicle part or other abandoned personal property or the possessor thereof, or (2) the person who placed or abandoned the said personal property on the public right or way or refuse to remove or refuse to abate such nuisance when ordered to do so in accordance with the provisions of this Resolution.

H)                Enforcements: A misdemeanor penalty of violation of the Ordinance shall be the current general misdemeanor penalties adopted in accordance with Idaho State law and shall be applicable for any person failing to comply with an Order to remove such abandoned personal property from the public rights of way after ten (10) days have expired following the delivery of the Order hereunder authorized.

I)                   Abatement: If such junk vehicle part or other abandoned personal property is not removed within the time allowed pursuant to this Resolution, the Commissioners of the Fenn Highway District may cause such abandoned personal property to be removed at the expense of the owners or possessor and place it in an impound yard where those pieces of personal property shall be offered for sale to the highest bidder at public auction not later than ten (10) days after one (1) publication in the Idaho County Free Press pursuant to the provisions of Idaho Code 45-805

The proceeds from such sale shall be used to pay removal expenses and rental of the impound yard to which such abandoned personal property was removed. In the event the sale of such personal property fails to bring enough revenue to pay the lowing and impounding charges, the balance would be due and payable immediately by the owner or possessor of such personal property. The Highway District may, however, dispose of such abandoned personal property after notice and removal of the same without the necessity of notice and sale where the abandoned personal property does not have a market or salvage value higher than $100.00.

Section 2: This resolution shall be effective upon its passage by the Commissioners of the Fenn Highway District and approval in Ordinance form by the Idaho County Commissioners.

This Resolution passed on the following day at a special meeting of the Commissioners of the Fenn Highway District this 20^th day of January, 2009