TITLE 3
HEALTH, SANITATION AND ENVIRONMENT
CHAPTER 1
GENERAL HEALTH REGULATIONS
SECTION:
3-1-1: City Sanitarian
3-1-2: General Health Provisions
3-1-1: CITY SANITARIAN:
   A.   Office Created: There is hereby created within the City the Office of Sanitation Officer.
   B.   Appointment: The Mayor, with the approval of the Council, shall appoint a competent person to the Office of City Sanitation Officer. The appointment may be made from persons employed by the City, and, in that event, such officer shall receive no extra compensation for fulfilling the duties of the office. (1974 Code § 5-101)
   C.   Duties: The City Sanitation Officer shall be responsible for the sanitary condition of the City. He shall, at all times, be cognizant of the sanitary conditions of the City and work in cooperation with the State Department of Public Health and County health officials to the end of promoting the sanitary conditions within the City. He shall have control of the storage, collection and disposal of rubbish and all garbage and all sanitary inspections required under the ordinances of the City and such other duties as shall be, from time to time, imposed upon him by the Mayor and Council. He shall see that the sanitary laws of the State and the ordinances of the City and all sanitary rules and regulations established by the Mayor and Council are carried into effect. (1974 Code § 5-102)
   D.   Penalty For Refusing To Obey Orders Of City Sanitation Officer: Any person, firm or corporation refusing or failing to obey an order relative to sanitary conditions made by the City Sanitation Officer under authority granted to him by the ordinances of the City or the laws of the State of Idaho shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this Code. (1974 Code § 5-103; amd. 2010 Code)
3-1-2: GENERAL HEALTH PROVISIONS:
   A.   Privies Or Cesspools:
      1.   Prohibited Where Sewer Available: No privy or cesspool of any kind shall, after the date that this section becomes effective, be maintained on or appurtenant to any property if within one hundred fifty feet (150') of any public sewer maintained by the City. (1974 Code § 5-601)
      2.   Notice To Connect: It is hereby made the duty of the City Public Works Director or City Engineer to give or cause to be given notice to any and all persons owning and having control of any privy or cesspool to have the same properly connected with the public sewer within thirty (30) days from and after said notice is given. The connection shall be under the direction and control of the District 5 Health Department. (1974 Code § 5-602; amd. 2010 Code)
      3.   Penalty: Any person violating subsection A1 of this section shall be deemed guilty of an infraction and, upon conviction thereof, a penalty of one hundred dollars ($100.00) plus court costs and fees shall be assessed for the first violation, two hundred dollars ($200.00) plus court costs and fees for the second violation, and three hundred dollars ($300.00) plus court costs and fees for the third and subsequent violations during the same calendar year. (Ord. 991, 10-11-2018)
   B.   Property To Be Kept In Sanitary Condition:
      1.   Public Nuisance: Any person who owns or occupies property within the limits of the City who keeps, maintains or permits any unsanitary cesspool, garbage or other filth injurious to the public health upon the premises owned or occupied by him shall be guilty of maintaining a public nuisance. (1974 Code § 5-604)
      2.   Abatement: Upon complaint being made to the City Sanitation Officer that any person is maintaining a nuisance as set forth in subsection B1 of this section, it shall be the duty of the City Sanitation Officer to notify such person to abate the nuisance complained of, and if such person fails or refuses to abate such nuisance, he shall be guilty of an offense and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1974 Code § 5-605; amd. 2010 Code)