A. Nuisance Prohibited: It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right-of-way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right-of-way, or infrastructure, including sidewalks, streets, gutters, or storm drains.
B. Prohibited Nuisances: Prohibited nuisances shall specifically include, but shall not be limited to, the following conditions and/or matter:
1. The proliferation and/or growth of weeds which:
a. Are over eight inches (8") in height:
b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or
c. Are designated as noxious weeds by the State of Idaho.
2. Graffiti, on any surface.
3. Nuisance materials on the ground, whether leaked, drained, seeped, dripped, sprayed, or dumped, except that this shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right-of-way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the City or other governing authority.
4. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises.
5. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority.
6. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 10 of this Code, except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise.
7. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition.
8. Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition.
9. Discarded matter which has no substantial market value, is exposed to the elements, and not enclosed in any structure or otherwise concealed from public view, including, but not limited to rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, household goods and equipment, machinery, or miscellaneous property.
10. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises.
11. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise.
C. Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, 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. 214, 4-30-2018)