If the property owner or occupant fails to comply with the requirements of section 4-1-3 of this chapter, the enforcement agent and the city may proceed with any of the following:
A. Legal Proceedings: The city may request the city attorney to commence legal proceedings in the district court to seek closure of the property, seek imposition of civil or criminal penalties against the property owner, and/or any other remedies allowed by law, including costs and attorney fees.
1. If the court finds by a preponderance of the evidence that the property is a nuisance property, the court may order the property to be closed and secured against all unauthorized access, use and occupancy for a period of time which the court deems appropriate in its discretion. The order shall be part of the final judgment with the court retaining jurisdiction over the matter during the period of closure.
2. If the court finds by a preponderance of the evidence that the property is a nuisance property, the court may, in addition to the order under subsection A1 of this section, order a civil penalty of the costs incurred by the city to abate the nuisance activities. The civil penalty shall be assessed against the property owner and shall be included in the civil judgment entered against the property owner.
B. Abatement: The city may request abatement in compliance with Idaho Code section 50-334, which grants the city power to abate the nuisance activity and to levy a special assessment, as provided in Idaho Code section 50-1008, on the land or premises whereon the nuisance activity is situated to defray the cost or to reimburse the city for the cost of abating the same, and this power shall extend three (3) miles beyond the city limits; provided, however, that the expense of declaring, preventing, removing and abating nuisances outside the city limits shall rest with the city when the nuisance comes within the three (3) mile area by reason of expansion of city boundaries. (Ord. 207, 8-26-2015)