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 (front, side or rear yards), or upon any road, 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, roads, gutters, or storm drains.
B. Prohibited Nuisances: Prohibited nuisances shall specifically include, but shall not be limited to, the following conditions and/or matter and as further described in this chapter:
1. The proliferation and/or growth of weeds that:
a. Are over twelve inches (12") 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. The growth of trees and shrubs that interfere with vehicular and/or pedestrian traffic, including Municipal vehicles (e.g., street sweepers). At a minimum, trees and shrubs should be trimmed to a height of eleven feet (11') at a distance of five feet (5') from edge of pavement.
3. Graffiti, on any surface.
4. 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.
5. Snow or ice on any public sidewalk.
6. 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.
7. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view, except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise.
8. Stagnant or impure water that causes or creates an offensive, unhealthy, or unsanitary condition.
9. Refuse, any decaying substance, garbage, feces or filth of any kind that is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition.
10. Matter which has no substantial market value, is exposed to the elements, and is 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, and/or other dilapidated or deteriorating personal property.
11. The accumulation of and/or failure to lawfully dispose of solid waste.
12. 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.
13. The raising of fowl, poultry and animals exceeding a total of four (4) on any lot or acre. The maintenance of any horse, cow or usual farm animal on any lot which is less than one-half (1/2) acre. The raising of hogs, billy goats and roosters.
14. The use of city water for irrigation unless specifically approved by the city.
15. Any storage containers, shall be set back further from a publicly maintained street than the rear of the primary structure, shall be no larger than two hundred (200) square feet, and surrounded by at least an eight-foot privacy fence, unless it is located within an area zoned for industrial use. Containers shall not be used as an inhabitable structure A building permit is required for all containers and must meet setback requirements.
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. 587, 1-18-2017; amd. Ord. 588, 3-1-2017; Ord. 2020-628, 1-2-2020; Ord. 628, 7-15- 2020)