This chapter is adopted pursuant to the authority granted to the City of Dover by the Constitution of the State of Idaho, article XII, section 2, and by Idaho Code, title 50 (Municipal Corporations), chapters 3 and 9, title 49 (Motor Vehicles), and title 52 (Nuisances). (Ord. 159, 12-13-2018)
The purpose of this chapter is to:
A. Identify public nuisances;
B. Establish regulations to prevent, reduce, or eliminate public nuisances;
C. Authorize the City to act in the interests of public health, safety, and welfare to prevent, abate, or remove nuisances;
D. Allow the removal or destruction of buildings or structures deemed by the City to be a nuisance or menace to public health or safety;
E. Create procedures for the abatement and removal of abandoned, junk, dismantled or inoperative vehicles or their parts from public or private property;
F. Establish fines, fees, penalties, and other procedures to defray costs to taxpayers for actions taken to abate public nuisances. (Ord. 159, 12-13-2018)
Anything that is injurious to health, morals, safety, welfare, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance and is subject to action by the City. Public nuisances shall include, but are not limited to, the following:
A. Noise: Between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the next morning, there shall be no loud, excessive, disruptive, or annoying sounds produced by voices, instruments, electronic devices, machinery, animals, or other means that disturbs the peace, quiet, and comfort of any reasonable person of normal sensitivities. To be considered loud, the sound must be plainly audible one hundred fifty feet (150') or more from the source.
B. Junk, Abandoned Or Junk Vehicles: Junk includes, but is not limited to, manufactured goods, appliances, fixtures, scrap metal, salvaged building materials, agricultural or yard wastes, plastics, garbage, furniture, rags, clothing and accessories, paper, or paper products, glass, machinery or vehicle parts, construction wastes, or any other personal property, whether of value or valueless, that is demolished, discarded, dismantled or partially dismantled, dilapidated, or deteriorated so that it cannot be used for its original intended use. A dismantled, inoperable, or unlicensed vehicle or an abandoned vehicle as defined by Idaho Code section 49-102 shall also constitute a public nuisance.
C. Solid Or Liquid Waste: The accumulation of garbage, offensive or nauseous substances, hazardous or offensive liquids, manure, animal carcass, spillage of liquids, or sewage.
D. Litter: Trash, handbills, bottles, construction materials, yard debris, or other waste substances discarded on public thoroughfares, public parks, or public spaces.
E. Weeds: Noxious weeds, as defined by Idaho Code section 22-2402.
F. Snow, Ice, And Debris On Public Sidewalks: The accumulation of snow, ice, dirt, debris, or solid waste upon public sidewalks that obstruct safe travel. The property owner abutting the sidewalk shall bear the responsibility to remove the accumulations.
G. Dangerous Buildings Or Structures: The City Council shall have the authority as provided by Idaho Code section 50-335, to declare any building or structure to be a nuisance that, in its opinion, is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard, threat of collapse, or other such hazards. (Ord. 159, 12-13-2018)
It shall be unlawful for any person or entity to create, cause, maintain, or allow a public nuisance to exist on any premises or real property that the person or entity owns, rents, leases, or occupies within the incorporated City limits of Dover. Further, it shall be unlawful for any person to create or cause a public nuisance on any City property, public spaces, or public rights- of-way. (Ord. 159, 12-13-2018)
The City, through its staff, contractors, or those otherwise engaged by the City, are empowered to prevent, remove, cause to be removed, or abate any public nuisance and to enforce the provisions of this chapter. When a public nuisance is determined to exist, the City may:
A. Provide written notice by certified mail at the address shown on the current assessor's tax rolls to the owner of the subject premises or by personal service. The notice shall:
1. Identify the violation;
2. State the actions that must be taken to abate the violation;
3. Provide a time limit to abate the violation, not exceeding fifteen (15) days from the date of notice, unless an extension of time is warranted, as determined by the City.
4. Advise of consequences if violation is not abated.
B. Remove or abate a nuisance without notice, if an immediate threat to health, safety, or welfare exists that requires emergency action, as determined by the City. (Ord. 159, 12-13-2018)
A. Penalties: Any person or entity who creates, causes, commits, or maintains a nuisance as herein declared, or fails to abate or correct a nuisance after notification by the City is subject to the penalties as provided in section 1-4-1 of this Code.
B. Each Day Separate Violation: Each day a violation continues may be considered a separate offense for each and every day or portion thereof during which any violation of this title is committed, continued, or permitted.
C. Civil Remedies: Nothing contained herein shall preclude the City from pursuing enforcement through injunctive relief or any other civil remedies available.
D. Recovery Of Damages And Costs: Violations of this title are subject to investigate fees to recover the costs incurred by the City in the processing and abatement of the violation.
E. Expense Of Removal: The Council may cause the destruction or removal of any such building or structure at the expense of the person or persons, associations, corporations or copartnerships holding, owning or maintaining the same, and to levy a special assessment as provided in Idaho Code section 50-1008, on the land or premises whereon the nuisance is situated, to defray the cost or to reimburse the City for the cost of destruction or removal of said building or structure so declared to be a nuisance. (Ord. 159, 12-13-2018)