A nuisance may be declared by local law enforcement, or the fire chief, who, upon identification of a nuisance, shall cause a written declaration to be issued by mailing the same to the last registered owner(s) of the real property upon which he determines a nuisance is present, as reflected on the tax assessment roles of Lewis County, Idaho, and by posting the same in a conspicuous place on the real property on which the nuisance is located. Each notice that is mailed shall be provided by certified mail, return receipt requested. Notice shall be deemed to have been provided upon mailing. Every person entitled to notice of the declaration of nuisance shall have thirty (30) days to remove or remedy the condition creating the nuisance, or to request a public hearing as described below.
A. Every notice of declaration of nuisance shall contain the following:
1. A descriptive statement of the nuisance which is declared to exist;
2. Its location;
3. The name of the person or persons thought to be responsible;
4. A statement of a date, not less than thirty (30) days after the mailing of such notice, which shall be the last date on which the addressee or other claimant of the affected property or offending objects can demand a hearing, or cause removal or remedy of the nuisance described;
5. A statement that such hearing would be for the purpose of determining anew whether the nuisance exists;
6. Directions for the mailing of such a demand for hearing to the city clerk; and
7. A statement that if no hearing is demanded, or if the result of the hearing is to the effect that a nuisance exists, the owner or other addressee will have thirty (30) days to commence and thereafter diligently to pursue and complete the abatement and assess back the costs thereof against the property in like fashion as for tax assessments.
B. Failure to request a public hearing within the time required shall be deemed conclusive as to the existence of the nuisance as described in the declaration posted and mailed.
C. Upon receipt of a request for a public hearing, the mayor shall establish a date for a public hearing, to be held no less than ten (10) days, nor more than thirty (30) days from receipt of said report. The public hearing shall be to determine if a nuisance exists, and assessment of administrative costs, and directions for removal or remedy.
1. Notice of said hearing shall be provided by certified mail to any person or entity requesting a public hearing, to the last registered owner of the real property upon which local law enforcement or the fire chief has determined a nuisance is present. Notice shall be deemed completed upon mailing.
2. The city council shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the property, vehicles, waste matter, or any other evidence regarding the existence of a nuisance. The city council shall not be limited by the technical rules of evidence. The owner of the land on which the alleged nuisance is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the nuisance with his or her reasons for such denial.
3. The city council, upon a finding that a public nuisance exists, may impose such conditions and take such action as deemed appropriate under the circumstances to carry out the purpose of this chapter, including delaying the time or removal or remedy of the nuisance or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council must make written findings of fact and conclusions of law, and may order the nuisance remedied or removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs to be charged against the owner of the parcel of land on which the nuisance is located. The order requiring removal shall include:
a. A description of the nuisance or part thereof and the correct identification number and license number of any vehicle constituting a part or all of the nuisance, if available, at the site;
b. A statement that the nuisance must be removed or remedied within thirty (30) days of adoption of the order, unless some other time period is specified by the city council.
4. If an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision.
D. Upon the expiration of thirty (30) days after mailing of a declaration of nuisance if no hearing is requested, or the later of thirty (30) days after adoption of the order declaring a condition to be a public nuisance, or thirty (30) days from the date of mailing of notice of the decision to an interested person who makes a written presentation if such notice is required by this section, or the date specified in the order if a date is specified, if the nuisance remains in whole or in part, the local law enforcement or fire chief shall take steps to cause the abatement of the nuisance by removal of the offending materials, whether by fire suppression exercise, by use of city employees, or by letting an appropriate contract in accord with the contracting procedures of the city of Kamiah. The waste matter which constitutes the public nuisance may be disposed of by removal to a garbage transfer station, dump, scrap yard, or automobile dismantler's yard, or to any other similar facility. (Ord. 2005-3 §1, 2005)