TITLE 4
HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
4-1-1: Declaration Of Nuisances
4-1-2: Abatement Procedure
4-1-3: Penalty
4-1-1: DECLARATION OF NUISANCES:
   A.   Responsibility: No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating or unlicensed motor vehicle, machinery, implement and/or equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, to remain on such property longer than twenty eight (28) days unless such vehicle, equipment, etc., is maintained in an enclosed building or so located within a fenced or screened enclosure six feet (6') in height within the rear yard of the premises (not a side yard or a front yard), as defined by the zoning ordinance of the City, such that the materials are not readily visible from any public place or from any surrounding private property. Allowing such materials to remain unenclosed or unscreened in the rear yard shall constitute a nuisance. This section shall not apply with regard to any vehicle, equipment or other personal property on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle, equipment or other damaged and abandoned personal property is necessary to the operation of such business enterprise and is not in violation of other provisions of law.
   B.   Definition: For the purposes of this chapter, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:
      1.   Lumber, junk, trash, or debris.
      2.   Abandoned, inoperable, discarded or unused objects or equipment such as automobiles, implements and/or equipment, or machinery and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, furniture, stoves, refrigerators, freezers, cans or containers.
      3.   Any compost pile, solid or liquid/semi-liquid waste which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects; provided, that the presence of earthworms in a compost pile shall not constitute a nuisance, nor shall a properly maintained garden compost facility.
      4.   Keeping unsanitary matter on premises. It shall be unlawful for any person to keep or permit another to keep upon any premises deleterious or septic material which causes adverse effects upon the occupancy or use of neighboring lands. Such materials must generally be retained in containers or vessels which deny access by humans, flies, insects, rodents and animals.
      5.   All turf grass or weeds over twenty four inches (24") in height, noxious weeds or plants as defined by Idaho Code 22-2402; and those grasses or weeds determined to be a fire hazard by the Fire Marshal, are hereby declared to be a public nuisance and shall be removed, cut and destroyed by the owner or agent of the ground or premises on which the same are located. It shall be the duty of the owner, agent or person having charge of any property within the City limits where offensive or noxious weeds or plants are growing to remove, cut and/or destroy the same.
   C.   Noise Standards:
 
 
No person may make or permit the followings:
Weekdays (M, T, W, Th, F)
9:00 pm to 6:00 am
No unnecessary or unusual noise, or operation of a machine, or harboring of an animal to the annoyance of others or any person of ordinary sensibilities; except as authorized by the City Council for utility construction or service emergencies.
Weekends (Saturday, Sunday)
9:00 pm to 7:00 am
 
(Ord. 572, 6-13-2017; amd. Ord. 578, 1-9-2018; Ord. 619, 4-13-2021; Ord. 624, 10-12-2021)
4-1-2: ABATEMENT PROCEDURE:
   A.   Notice: Prior to initiating prosecution for violation of this chapter, City staff shall attempt to provide notice to the owner of the real property upon which the nuisance is located. Additional notice shall be attempted to the occupant/tenant or agent if one is known. Said notice shall describe the location of the property as accurately as possible and shall specify the nature of the nuisance and the time by which the nuisance must be abated. Said notice shall be mailed to the owner, agent or person in charge of such property, if such owner, agent or person in charge can be found. If an owner, agent or person in charge cannot be found, then notice shall be provided by posting a notice upon a conspicuous place on the premises and mailing a copy of said notice by certified mail to the owner or agent of the same at such owner's or agent's last known address.
   B.   Storage Or Removal: The owner, owners, tenants, lessees and/or occupants of any lands upon which a nuisance is located may thereafter store such nuisance vehicles, equipment or materials into completely enclosed buildings authorized to be used for such storage purposes, if within the corporate limits of the City, or otherwise remove the vehicles, equipment or materials to a lawful storage location outside the corporate limits of the City. If the nuisance consists of weeds or other vegetative materials, it shall be removed and disposed of lawfully so as to eliminate the fire hazard created and/or the risk of spread of weed infestation.
   C.   State Law Provisions: The provisions of this chapter shall not compromise or otherwise adversely affect the applicability of provisions of State law regarding the designation of nuisances and their abatement. (Ord. 298, 4-10-2001)
4-1-3: PENALTY:
If the owners, tenants or occupants allow said nuisance to exist or fail to abate the nuisance, they, and each of them, shall be guilty of an infraction and upon being found liable therefor shall be subject to an infraction penalty of one hundred dollars ($100.00). Each day that a violation of this chapter exists may be charged as a separate infraction or misdemeanor violation, as appropriate. Any nuisance which violates this chapter and which constitutes an immediate hazard to the public health or which continues to exist after a finding of guilt or liability in two (2) or more prior infraction proceedings shall constitute a misdemeanor. (Ord. 445, 1-22-2008)