A. Notice: Whenever a written statement that a "nuisance", as defined in this chapter, exists or is being maintained within the jurisdictional limits provided by Idaho Code, is received by the City Attorney or designee stating that the same is a menace to the public health or dangerous to the health or safety of the inhabitants of the City, the City Attorney or designee shall issue a notice requiring the owner or agent of the owner of the premises to remove and abate the nuisance from said premises within a time, not exceeding ten (10) days, to be specified in the notice. Said notice shall be served by a Code Enforcement Officer or a police officer, by delivering a copy thereof to the owner, agent or occupant of the said property; by property posting; or if the same is unoccupied and the owner is a nonresident, then by mailing the notice to the owner's last known address by certified mail. Authorized City personnel may require immediate abatement of any nuisance, as defined within section 4-1-1 of this chapter, where such condition presents an imminent or ongoing threat to, or impairment of, human health or safety.
B. Time Period For Abatement Of Personal Property Left Upon Public Property: Personal property left upon public property in violation of section 4-1-1E of this chapter shall be abated if not removed by the owner or possessor within twenty-four (24) hours of receiving notice provided in accordance with the provisions of this chapter. Abatement pursuant to this section shall not be construed to preclude enforcement of other applicable city code provisions.
C. Failure To Comply; Action By City: If the owner, agent or occupant of the property shall fail to comply with the requirements of the notice within the period specified therein, the City shall proceed to have the things described in the notice removed and abated from the property and the costs of abatement assessed in the manner provided for in Idaho Code.
D. Storage And Recovery Of Abated Personal Property: Personal property abated pursuant to this chapter shall be stored by the City in accordance with Idaho Code Section 55-403. The owner may recover abated personal property from the City free of charge at the location specified in the Notice of Abatement. The City cannot store for redemption wet or soiled personal property, hazardous materials, or contraband.
E. Graffiti Nuisance Fees And Costs: The City shall not charge fees or take enforcement action to recover costs for the abatement of graffiti nuisance as is otherwise permitted under this chapter. (1952 Code § 8-08-02; amd. Ord. 36-23, 9-12-2023, eff. 10-1-2023; Ord. 13-24, 5-14-2024)