This article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and Idaho Code sections 31-714, 31-801, 31-828, 63-902, and 63-1311. Its purpose is to provide for, and further, the health and/or safety of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards, and other harm upon the health and/or safety of the public. (Ord. 18-016, 6-27-2018)
As used in this article, the following definitions shall apply:
ABATEMENT: The affirmative act of removing, repairing, or taking other steps as may be necessary to remedy a nuisance.
PUBLIC NUISANCE: A public nuisance is a condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to the health, safety, or welfare of the neighborhood, community, or members of the public, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public, including by way of example the following:
(1) A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.
(2) A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin and/or insects, or which creates any other type of health hazard to members of the public.
(3) A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap lumber or wood, waste petroleum products, scrap or waste paper, trash, garbage, junk, boxes, recyclable materials or debris of any type.
(4) A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap, abandoned, discarded, or unused objects such as furniture, appliances, cans, containers, tires, tools, or mechanical parts.
(5) A condition or use of premises or property which allows the open storage, deposit, or scattering of dismantled or partially dismantled, wrecked, junked, scrapped, discarded and nonoperating motor vehicles or parts thereof, provided, however, that no public nuisance shall exist under this subsection unless two (2) or more motor vehicles or parts thereof not in operating condition remain standing on the property for more than ten (10) calendar days.
(6) A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees, or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a fire hazard because of their dried and unkept condition, or a traffic or safety hazard because they obstruct sight, applying the measurements and standards contained in Idaho Code section 49-221, at intersections or other points at which driveways, lanes, or highways come together.
(7) A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such a condition as to interfere with the free and comfortable use of adjacent and neighboring premises and properties.
SUMMARY ABATEMENT: The abatement of a public nuisance by the County, or by a contractor hired by the County, without obligation to give prior notice of the abatement action to the owner or occupant of the property.
WEEDS: Undesirable or objectionable and nonuseful plant growth but shall not include noxious weeds as defined by Idaho Code, section 22-2402(17). (Ord. 18-016, 6-27-2018)
(1) Unlawful: It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies, manages or of which the person has charge or possession.
(2) Agricultural Operations: The application and enforcement of this article shall not contravene title 22, chapter 45 of the Idaho Code in that no public nuisance shall exist under this article if the use or condition of the property exists pursuant to an agricultural operation in accordance with generally recognized agricultural practices.
(3) Administration And Enforcement: The Canyon County Sheriff, and/or designated Code Enforcement Officer(s), shall be responsible for the administration and enforcement of the provisions of this article.
(4) Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited; the owner of record, whether a natural person or persons or an entity of any kind, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. (Ord. 18-016, 6-27-2018)
(1) Request For Voluntary Compliance: If it is determined by a Code Enforcement Officer that a nuisance exists on any property, the Code Enforcement Officer shall cause a written request for voluntary compliance to be issued to the owner, occupier, and/or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the nuisance existing thereon, request voluntary action to eliminate the nuisance, and establish the time period for voluntary elimination of said nuisance, which shall be ten (10) days from the date of the request for voluntary compliance.
(2) Order Of Abatement: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, a Code Enforcement Officer finds that a nuisance still exists on any property, the officer shall cause an order of abatement to be issued to the owner, occupier, and/or person in control of such property. Such order of abatement shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Code Enforcement Officer shall issue such order of abatement to the owner, occupier, or person in control of the property on which the nuisance exists in one or more of the following ways:
A. By hand delivery upon such owner, occupier, or person in control of the property; or
B. By certified mail to such owner, occupier, or person in control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
C. By posting such notice and order at a conspicuous place on the property.
(3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within ten (10) calendar days from notice pursuant to this section, however, the Code Enforcement Officer may require summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.
(4) Summary Abatement: Nothing contained herein shall prevent a Code Enforcement Officer from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.
(5) Appeal: Within seven (7) calendar days from the date of service, mailing, or posting of the order of abatement, the owner, occupier, and/or person in charge or control of the subject property may appeal to the Board by filing a written appeal with the issuing Code Enforcement Officer, which appeal shall enumerate the grounds for appeal. The Board shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order of abatement. The decision of the Board shall be final. If the Board affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered.
(6) Abatement Procedures: The Board, upon recommendation by the Code Enforcement Officer and after providing notice as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply with abatement notice. If the Board directs the abatement of the nuisance a service fee shall be imposed against the owner of the subject property for services provided. The fees imposed pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. The Board shall cause the fee to be collected in the following manner:
A. Recovery Of Abatement Service Fee: Canyon County shall send to the owner, occupier, and/or person in control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative services as established by fee schedule. Unless paid as voluntarily, as provided below, such charge shall be collected in the same manner provided by law for the collection of real and personal Property Taxes.
B. Automatic Lien Of Abatement Service Fee: Upon abatement, an automatic lien in the amount of the abatement service fee shall attach to the subject property, and a notice of lien shall be recorded within seventy two (72) hours. Upon payment of the charges in full the lien shall be released.
C. Certification Of Abatement Costs: If full payment is not made within thirty (30) days of the mailing of the billing statement requiring payment of abatement service fee, the Board shall certify such charge to be placed on the Property Tax roll.
(7) Certificate Of Noncompliance: In lieu of abatement, the Board may record a Certificate of Noncompliance detailing the violations existing on the property. Such certificate shall be removed upon remedy of the enumerated violation.
(8) Injunction: The County may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs enforcement and/or litigation including, but not limited to attorney fees and court costs. (Ord. 18-016, 6-27-2018; amd. Ord. 22-005, 3-29-2022)
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