SECTION:
8.10.010: Definitions
8.10.020: Unlawful Property Nuisance Defined
8.10.030: Nuisance Properties Prohibited
8.10.040: Written Notice Of Unlawful Property Nuisance
8.10.050: Nuisance Abatement Conference
8.10.055: Nuisance Abatement Agreement
8.10.060: Commencement Of Prosecution
8.10.063: Action To Abate Penalties
8.10.070: Judgment
8.10.080: Penalties
For the purpose of this chapter, the following definitions shall apply:
ABATE: To permanently eliminate.
CITY OFFICIAL: The mayor and the mayor's designees including, but not limited to, the city attorney, the police department, the city administrator, and the city council.
DWELLING: A room, house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer, building, or any other structure(s) or place(s), including common areas within the structure when buildings or structures are used for more than one dwelling, and accessory buildings such as garages, barns, or sheds located on the same premises.
IN OR ON THE PREMISES: Either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling or place of business is located, or on public or private property within one thousand five hundred feet (1,500') of the dwelling or place of business, by an interested party or their permittee(s).
INTERESTED PARTY: A property owner, occupant, resident, tenant, or person in possession or control of a property.
NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
OCCUPANT: Any person who lives in or has possession of, or holds an occupancy interest in, a dwelling; or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.
OWNER: Any person, agent, operator, manager, firm or corporation having a legal or equitable interest in the dwelling or place of business; or recorded in the official records of the state, county or municipality as holding title to the dwelling or place of business; or otherwise having a control of the dwelling or place of business, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court.
PERMITTEE: A licensee, invitee, or any person whose presence on the property was permitted, invited, suffered, allowed, consented to, by the owner or occupant of the dwelling or place of business, or whose presence was acquiesced to by failing to remove or prevent his/her presence.
PLACE OF BUSINESS: Any business, including, but not limited to, cafes, restaurants, public dining rooms, cafeterias, convenience stores, bars, taverns, dance halls, clubs, cabarets and any other place where the general public is invited or admitted for business or social purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only the members and their guests are invited.
PROPERTY: A dwelling or place of business, unless otherwise indicated. (Ord. 1010 §1, 2006)
UNLAWFUL PROPERTY NUISANCE: Any dwelling or place of business where:
A. A public or private nuisance is maintained, in violation of Idaho Code sections 18-5901 through 18-5906, or this title; or
B. Intoxicated persons are frequently permitted to loiter about in such a way as to annoy, injure or endanger the comfort, repose, health or safety of another person or persons, or which loitering in any way renders another person or persons insecure in life or use of property; or
C. The property is abandoned, vacant, or unsecured for a period exceeding one hundred eighty (180) days, and is determined by city officials to be a health hazard, to be dangerous to neighbors and passersby, or to be a haven for stray domestic or wild animals; or
D. The property attracts, is associated with, or is the source or haven of frequent criminal activity, or injury to person or property; or
E. In or on the premises, any combination of two (2) or more of the following acts is committed within a period of three hundred sixty five (365) consecutive days upon a property by an interested party or their permittee(s):
1. Any violation of title 37, Idaho Code, relating to the manufacture, distribution, possession, or use of a controlled substance;
2. Any act committed by or against a child or vulnerable adult in violation of title 18, chapter 15, Idaho Code;
3. Any act constituting malicious harassment, as defined in title 18, chapter 79, Idaho Code;
4. Sale, distribution, possession, or use of a dangerous weapon, explosives, or ammunition in violation of title 18, chapter 33, Idaho Code;
5. Any violation of the Idaho criminal gang enforcement act, Idaho Code sections 18-8501 through 18-8506, including recruiting criminal gang members and supplying firearms to a criminal gang;
6. Any act relating to prostitution as prohibited by Idaho Code sections 18-5601 through 18-5614;
7. Riot, as defined in Idaho Code section 18-6401 or 18-6402;
8. Arson, as defined in Idaho Code sections 18-801 through 18-805;
9. Malicious injury to property, as defined in Idaho Code section 18-7001;
10. Aggravated assault or battery, as defined in Idaho Code sections 18-905 through 18-908;
11. Assault or battery with intent to commit a serious felony, as defined in Idaho Code sections 18-909 through 18-912;
12. Robbery, as defined in Idaho Code sections 18-6501 through 18-6503;
13. Grand theft, as defined in Idaho Code section 18-2407;
14. Homicide, as defined in Idaho Code sections 18-4001 through 18-4016;
15. Mayhem, as defined in Idaho Code sections 18-5001 through 18-5003;
16. Rape, as defined in Idaho Code sections 18-6101 through 18-6108;
17. Any sex crime, as defined in Idaho Code sections 18-6601 through 18-6609;
18. Any act of indecency or obscenity, as prohibited by Idaho Code sections 18-4101 through 18-4116;
19. Misdemeanor gambling, as defined in Idaho Code sections 18-3801 through 18-3810;
20. False imprisonment, as defined in Idaho Code sections 18-2901 through 18-2902;
21. Kidnapping, as defined in title 18, chapter 45, Idaho Code;
22. Encouraging the drunkenness of another for criminal purposes, as defined in Idaho Code section 18-204;
23. A social gathering involving underage consumption or possession of alcohol in violation of Idaho Code section 23-604;
24. Any violation of the Idaho liquor act, title 23, Idaho Code, relating to alcoholic beverages;
25. Any violation of Idaho Code section 39-5703 or 39-5705, relating to the sale, distribution, possession, or use of tobacco products to or by a minor;
26. Any violation of title 5, chapter 16, 20, or 25 of this code, relating to the sale of alcoholic beverages;
27. Any violation of title 6 of this code which involves a pit bull; or
F. In or on the premises, when three (3) or more of the following acts are committed within a period of three hundred sixty five (365) consecutive days upon a property, by an interested party or their permittee(s):
1. Disturbing the peace, as defined in Idaho Code section 18-6409 or 18-6410;
2. Any violation of this title;
3. Any violation of chapter 9.04 of this code, relating to public drunkenness;
4. Any violation of chapter 9.12 of this code, relating to the obstruction of public sidewalks or streets;
5. Any violation of chapter 9.16 of this code, relating to the unlawful possession of prescription drugs;
6. Any violation of chapter 9.20 of this code, relating to curfew violations;
7. Any violation of chapter 9.24 of this code, relating to the use of weapons within city limits;
8. Any violation of chapter 9.28 of this code, relating to open containers of alcoholic beverages;
9. Any violation of section 9.32.010 of this code, relating to disorderly conduct;
10. Any violation of chapter 9.44 of this code, relating to graffiti;
11. Any violation of title 15 of this code, relating to violations of the building code;
12. Any display of public nudity.
G. In or on the premises, when three (3) or more of the following acts are committed within a period of one hundred eighty (180) consecutive days upon a property by an interested party or their permittee(s):
1. Any violation of the Idaho clean indoor air act, title 39, chapter 55, Idaho Code;
2. Littering, as defined by Idaho Code section 18-7031;
3. Environmental or solid waste violations; or
4. Violations of title 6 of this code relating to animals;
5. Violation of section 9.32.020 of this code relating to noise;
6. Any violation of chapter 12.20 of this code, relating to the obstruction of streets and sidewalks; or
H. In or on the premises, any combination of four (4) or more of any of the acts listed in subsection E, F or G of this definition are committed within a period of three hundred sixty five (365) consecutive days upon a property, by an interested party or their permittee(s).
The above references to provisions of the Idaho Code or this code should not be interpreted to mean that a prosecution of the specific charge is a necessary prerequisite to an action under this chapter nor shall it be interpreted to mean that proof of the action beyond a reasonable doubt is required. (Ord. 1010 §1, 2006)
A. No owner or occupant of any dwelling or place of business shall allow or permit such property to be, or become, an unlawful property nuisance.
B. An owner and/or occupant shall be deemed to have allowed or permitted a dwelling or place of business to be, or become, an unlawful property nuisance, if:
1. The owner or occupant has personally committed the acts set forth in section 8.10.020 of this chapter; or
2. Such acts were committed by permittees of the occupant or owner; or
3. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or
4. Such acts were committed by a combination of subsection B1, B2 or B3 of this section; or
5. The owner or occupant has been provided with the written notice of an unlawful property nuisance pursuant to section 8.10.040 of this chapter, the facts alleged therein are true, and the owner or occupant fails or refuses to enter into a nuisance abatement agreement, or after entering into such agreement, fails to comply with its terms.
C. A violation of this section shall be a misdemeanor, punishable by no more than ninety (90) days in jail or by a fine of no more than one thousand dollars ($1,000.00), or both.
D. Nothing in this section shall preclude the city from pursuing any other civil or criminal remedy, including abatement of a nuisance under section 8.08.040 of this title. (Ord. 1010 §1, 2006)
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