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Home My WebLink AboutRE: Trash dumpsters in alleys downtown Mike Plane From:Jonathan Spendlove Sent:Friday, March 22, 2024 15:38 To:Sean Standley; Kelli Ebersole; Amanda Bates; Lisa Strickland; Jody Green; Will Klaver Subject:RE: Trash dumpsters in alleys downtown Sean, At ﬁrst explana?on this will sound crazy so s?ck with me. The zoning code does not list the improper use of the trash enclosure as a viola?on. It merely requires the enclosure to be constructed under certain circumstances like a new building. This authority to require the enclosure is located within Title 10 Chapter 11. There is no provision within the Zoning Code that could be used to force the proper use of the approved trash enclosure loca?on. I also believe this is by design and the appropriate avenue. The property is in compliance with the current zoning code, the building was constructed as approved, with the trash enclosure so I can’t ﬁnd a “land use issue”. I can see where the code referenced below is applicable, although they may point at other people in the area, we will have to deal with that fallout if we want to get compliance with this property owner. Those other proper?es have a diﬀerent loca?on approved for their enclosure. This property has a certain loca?on approved on their building permit. If this property owner wants to relocate it we can discuss that with a set of plans or a drawing. -Jonathan P.S. These thoughts are my own, I have not consulted with any of our A?orneys. Perhaps it would be be?er if they weighed in on the situa?on as they are probably be?er equipped to make a legal determina?on for us. From: Sean Standley <Sstandley@tfid.org> Sent: Thursday, March 21, 2024 3:37 PM To: Kelli Ebersole <KeEbersole@tfid.org>; Amanda Bates <abates@tfid.org>; Jonathan Spendlove <JSpendlove@tfid.org>; Lisa Strickland <LStrickland@tfid.org>; Jody Green <jgreen@tfid.org>; Will Klaver <wklaver@tfid.org> Subject: RE: Trash dumpsters in alleys downtown I somewhat agree. I am just wondering if we want to start this cycle. We have dealt with containers being in alley’s forever and If it states it on their plans then I would rather issue a Zoning Code Viola?on rather that a 7-3-6. The only ?me we enforce 7-3-6 is when the containers are le? in the front of a premise and on the street. We do not have enough resources to issue no?ces to all residen?als and businesses for having containers in the alley. From: Kelli Ebersole <KeEbersole@tfid.org> Sent: Thursday, March 21, 2024 3:30 PM To: Sean Standley <Sstandley@tfid.org>; Amanda Bates <abates@tfid.org>; Jonathan Spendlove <JSpendlove@tfid.org>; Lisa Strickland <LStrickland@tfid.org>; Jody Green <jgreen@tfid.org>; Will Klaver <wklaver@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Sean, 1 Based on 7-3-6, the dumpsters are not in the approved location per the building permit. They are only approved to be in the Trash Room or fully in the alcove. Since they aren’t, they are in violation of that code. Does that make sense? 7-3-6: LOCATION OF CONTAINERS: No garbage or rubbish containers or piles of rubbish shall be maintained in or upon alley right of way except commercial haulers may use dumpster type boxes where the type and location is approved by the sanitation inspector. Containers or rubbish shall be placed in front of the premises in areas where there are no alleys and placed in alleys in areas where alleys are available, by the owners or occupants of such premises on the morning of or the evening before the day scheduled for collection; and the empty containers shall be withdrawn from the front of the premises, or the alleys as soon after collection as possible on the same day. (1958 Code, ch. VII, art. 2) Kelli Ebersole, City Planner Planning & Zoning Department 203 Main Ave. E., Twin Falls, ID 83301 208-735-7294 keebersole@tfid.org From: Sean Standley <Sstandley@tfid.org> Sent: Thursday, March 21, 2024 3:15 PM To: Kelli Ebersole <KeEbersole@tfid.org>; Amanda Bates <abates@tfid.org>; Jonathan Spendlove <JSpendlove@tfid.org>; Lisa Strickland <LStrickland@tfid.org>; Jody Green <jgreen@tfid.org>; Will Klaver <wklaver@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Okie Dokie! So, these dumpsters are supposed to be inside the building labeled Trash Room? Might be a bit stanky!!! What code will I need to use to issue the no?ce? The dumpsters are not in the alley. Thank You! 2 From: Kelli Ebersole <KeEbersole@tfid.org> Sent: Thursday, March 21, 2024 11:52 AM T-o: Sean Standley <Sstandley@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Thank you! ?????? Kelli Ebersole, City Planner Planning & Zoning Department 203 Main Ave. E., Twin Falls, ID 83301 208-735-7294 keebersole@tfid.org From: Sean Standley <Sstandley@tfid.org> Sent: Thursday, March 21, 2024 11:51 AM To: Kelli Ebersole <KeEbersole@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Garbage dumpsters outside = No Building Permit! ??????I will go speak to them. 3 From: Kelli Ebersole <KeEbersole@tfid.org> Sent: Thursday, March 21, 2024 11:46 AM To: Sean Standley <Sstandley@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown No….I have a new building permit for their first floor and went over to check their trash situation and saw them outside….so I asked Jonathan about it. Kelli Ebersole, City Planner Planning & Zoning Department 203 Main Ave. E., Twin Falls, ID 83301 208-735-7294 keebersole@tfid.org From: Sean Standley <Sstandley@tfid.org> Sent: Thursday, March 21, 2024 11:45 AM To: Kelli Ebersole <KeEbersole@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Was this a ci?zen complaint? From: Kelli Ebersole <KeEbersole@tfid.org> Sent: Thursday, March 21, 2024 11:41 AM To: Sean Standley <Sstandley@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Okay, I get it. Per the approved building permit, the dumpsters are supposed to stay inside. Jonathan suggested I reach out to you. ?????? Not sure if that helps. Kelli Ebersole, City Planner Planning & Zoning Department 203 Main Ave. E., Twin Falls, ID 83301 208-735-7294 keebersole@tfid.org From: Sean Standley <Sstandley@tfid.org> Sent: Thursday, March 21, 2024 11:35 AM To: Kelli Ebersole <KeEbersole@tfid.org>; Amanda Bates <abates@tfid.org> Subject: RE: Trash dumpsters in alleys downtown Very Carefully! ?????? As long as there is ten-foot clearance in the alley for traﬃc it is not a parking viola?on. If it is an agreement with Zoning or part of a PUD or something we should be aware of just let us know. I can go speak with them. 4 From: Kelli Ebersole <KeEbersole@tfid.org> Sent: Thursday, March 21, 2024 11:21 AM To: Amanda Bates <abates@tfid.org>; Sean Standley <Sstandley@tfid.org> Subject: Trash dumpsters in alleys downtown Hi, How are you handling complaints about trash dumpsters in the alleys downtown? 160 Main Ave S is supposed to house theirs inside their building, but they keep them outside in the alley. Kelli Ebersole, City Planner Planning & Zoning Department 203 Main Ave. E., Twin Falls, ID 83301 208-735-7294 keebersole@tfid.org 5