Hayden Council Tables Proposed Nuisance Code Changes, Approves Updates to Four Other City Code Titles

HAYDEN, Idaho — After nearly an hour of public testimony and council discussion Tuesday evening, the Hayden City Council unanimously voted to table proposed amendments to the city’s nuisance code while approving revisions to four other sections of Hayden City Code.

The action followed a public hearing on proposed amendments to Titles 2, 4, 7, 8 and 9, which City staff said were intended to correct scrivener’s errors, update references, improve consistency with state law and other City documents, and clarify existing procedures.

Community and Economic Development Director Donna Phillips presented the proposed amendments on behalf of City staff.

At the conclusion of the hearing, the Council voted unanimously to table proposed changes to Title 4 (Nuisances) for additional review. Separate motions approving amendments to Titles 2, 7, 8 and 9 also passed unanimously.

What the proposed amendments covered

According to the staff report, the amendments addressed several unrelated sections of city code.

Title 2 updates terminology related to Hayden’s Area of Impact and makes revisions affecting the Planning and Zoning Commission.

Title 4 proposed revisions to the City’s nuisance regulations, including expanded definitions, clarification of the abatement process, and enforcement procedures intended to provide a more structured process for addressing public nuisances.

Title 7 updates insurance, bonding requirements and other references related to encroachment permits.

Title 8 includes numerous updates involving utilities, wastewater service, sewer connections, stormwater review, terminology and administrative consistency.

Title 9 updates administrative responsibility for road naming and addressing from the Engineering Department to Community Development while making related housekeeping revisions.

Public testimony focused on Title 4

Although the hearing covered five separate code titles, nearly all of the public testimony centered on the proposed nuisance code amendments.

Residents expressed concerns about portions of the enforcement language, particularly provisions referencing misdemeanor violations and the possibility of jail as a statutory penalty under existing Idaho law.

Throughout the discussion, City Attorney Fonda Jovick, who provides legal services to the City through Lake City Law, explained that misdemeanor language already exists within portions of City Code and that many of the proposed revisions were intended to clarify how nuisance violations would be addressed rather than create entirely new enforcement authority.

Council members questioned both staff and the City Attorney regarding the practical application of those provisions and discussed whether portions of the proposed language should be reconsidered before adoption.

Voices beyond the council chambers

During the discussion, City Administrator Lisa Ailport acknowledged concerns raised by residents who were unable to attend the public hearing, ensuring those viewpoints were included as the Council deliberated.

The discussion reflected a broader conversation about balancing effective nuisance enforcement with clear procedures, due process, and public confidence in how the ordinance would be applied.

As discussion continued, council members expressed support for many portions of the proposed revisions but also indicated they wanted additional work on the nuisance enforcement language before moving forward.

One council member stated they were generally comfortable with the updated definitions but remained concerned about enforcement provisions involving misdemeanor penalties. Following additional discussion, the Council directed staff to revisit the language before bringing Title 4 back for future consideration.

The Council then unanimously voted to:

Because Title 4 was removed from the package, the accompanying ordinance will return to the Council at a future meeting after staff prepares revised language and determines whether another public hearing will be required.