BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PAYETTE COUNTY, IDAHO;
Section 1: There is hereby adopted amended Sections in Chapter 1 Title 4 of the Payette County Code, with all other sections not expressly addressed herein remaining the same:
4-1-1: AUTHORITY AND PURPOSE:
This article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and Idaho Code sections 31-714, 31-801, 31-828, 63-902, and 63-1311. Its purpose is to provide for, and further, the health and/or safety of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards, and other harm upon the health and/or safety of the public.
As used in this chapter, the following definitions shall apply words and terms shall have the meanings ascribed to them in this section:
ABATEMENT: The affirmative act of removing, repairing, or taking other steps as may be necessary to remedy a nuisance.
BOARD: The Board of County Commissioners for Payette County.
FARM VEHICLE: A vehicle or combination of vehicles used to transport unprocessed agricultural, dairy or livestock products or any farm tractor or trailer.
IMPLEMENTS OF HUSBANDRY:Every vehicle or any part thereof, including, but not limited to, self-propelled units, designed or adapted and used exclusively in agricultural, horticultural, dairy and livestock growing and feeding operations. Such implements include, but are not limited to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, harvesting and stacking equipment, pesticide applicators, plows, swathers, mint tubs and mint wagons, and farm wagons.
PUBLIC NUISANCE: The following are hereby defined as public nuisances:
A. Improper sewage disposal such that sewage or effluent is discharging into unpermitted structures, onto the surface of the ground, or discharging into a body of water.
B. Failure to keep waste, refuse, or garbage in an enclosed building or properly contained in a closed, insect and rodent proof container designed or reasonably adapted for such purpose.
C. Accumulation of carcasses of animals, birds, or fish by failing to bury or otherwise dispose of in a sanitary manner within 24 hours after death.
D. A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin, , disease-vectoring insects, or parasites.
E. Any use which causes the release of foul, toxic, or contaminating substances onto the ground or into the air, provided however, agricultural uses shall be exempt from this section.
F. A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.
Anything which is injurious to the health or morals, or is indecent or offensive to the senses of any person, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community or members of the public. The term is further defined so as to include, but is not limited to, the specific nuisances set forth in section 4-1-3 of this chapter.
SUMMARY ABATEMENT: The abatement of a public nuisance by the County, or by a contractor hired by the County, without obligation to give prior notice of the abatement action to the owner or occupant of the property.
4-1-23: JURISDICTION:
PUBLIC NUISANCE UNLAWFUL; RESPONSIBLE PARTY:
1. Unlawful: It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies, manages or of which the person has charge or possession.
2. Agricultural Operations: The application and enforcement of this article shall not contravene title 22, chapter 45 of the Idaho Code in that no public nuisance shall exist under this article if the use or condition of the property exists pursuant to an agricultural operation in accordance with generally recognized agricultural practices.
3. Administration And Enforcement: The Payette County Sheriff, and/or designated Code Enforcement Officer(s), shall be responsible for the administration and enforcement of the provisions of this article.
4. Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited; the owner of record, whether a natural person or persons or an entity of any kind, 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.
The jurisdiction of this chapter relating to nuisances shall be upon all property outside of the incorporated limits of any municipal corporation, both public and private, within the county limits and is conferred by article 12, section 2, Idaho constitution and sections 31-714, 31-801 and 31-828, Idaho Code.
1. Request For Voluntary Compliance: If it is determined by a Code Enforcement Officer that a nuisance exists on any property, the Sheriff, or his designee, shall cause a written request for voluntary compliance to be issued to the owner, occupier, and/or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the nuisance existing thereon, request voluntary action to eliminate the nuisance, and establish the time period for voluntary elimination of said nuisance, which shall be ten (10) days from the date of the request for voluntary compliance.
2. Order Of Abatement: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, a Code Enforcement Officer finds that a nuisance still exists on any property, the officer shall cause an order of abatement to be issued to the owner, occupier, and/or person in control of such property. Such order of abatement shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Sheriff, or his designee, shall issue such order of abatement to the owner, occupier, or person in control of the property on which the nuisance exists in one or more of the following ways:
a. By hand delivery upon such owner, occupier, or person in control of the property; or
b. By certified mail to such owner, occupier, or person in control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
c. By posting such notice and order at a conspicuous place on the property.
3. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within ten (10) calendar days from notice pursuant to this section, however, the Sheriff, or his designee, may require summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.
4. Summary Abatement: Nothing contained herein shall prevent the Sheriff’s Office from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety The Sheriff’s Office shall only abate that part or portion of the nuisance that constitutes an imminent threat.
5. Appeal: Within seven (7) calendar days from the date of service, mailing, or posting of the order of abatement, the owner, occupier, and/or person in charge or control of the subject property may appeal to the Board by filing a written appeal with the issuing Code Enforcement Officer, which appeal shall enumerate the grounds for appeal. The Board shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order of abatement. The decision of the Board shall be final. If the Board affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered.
6. Abatement Procedures: The Board, upon recommendation by the Sheriff, or his designee, and after providing notice as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply with abatement notice. If the Board directs the abatement of the nuisance a service fee shall be imposed against the owner of the subject property for services provided. The fees imposed pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. The Board shall cause the fee to be collected in the following manner:
a. Recovery Of Abatement Service Fee: Payette County shall send to the owner, occupier, and/or person in control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative services as established by fee schedule. Unless paid as voluntarily, as provided below, such charge shall be collected in the same manner provided by law for the collection of real and personal Property Taxes.
b. Automatic Lien Of Abatement Service Fee: Upon abatement, an automatic lien in the amount of the abatement service fee shall attach to the subject property, and a notice of lien shall be recorded within seventy two (72) hours. Upon payment of the charges in full the lien shall be released.
c. Certification Of Abatement Costs: If full payment is not made within thirty (30) days of the mailing of the billing statement requiring payment of abatement service fee, the Board shall certify such charge to be placed on the Property Tax roll.
7. Certificate Of Noncompliance: In lieu of abatement, the Board may record a Certificate of Noncompliance detailing the violations existing on the property. Such certificate shall be removed upon remedy of the enumerated violation.
8. Injunction: The County may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs enforcement and/or litigation including, but not limited to attorney fees and court costs
The following are specifically declared to be nuisances:
A. Unlicensed Or Unregistered Or Inoperable Vehicles: Unlicensed or unregistered or inoperable vehicles or any part thereof, including, but not limited to: cars, trucks, pickup, vans, any automobile body or part thereof, recreational vehicles, trailers, boats, implements of husbandry, farm vehicles or other vehicles or conveyances of any kind, which are not properly and currently licensed and registered or which is not in operating condition, whether left on public or private property. "Other motorized equipment" shall include, but is not limited to, lawnmowers, golf carts, and motorcycles.
B. Salvage, Junk Or Auto Wrecking Yard Without Proper Fence:
1. Fence Required: Any salvage, junk, or auto wrecking yard which does not have a neat appearance and a solid fence around the entire area containing salvage or auto wrecking items a height equal to the height of storage existing thereon or at a height of eight feet (8'), whichever is greater shall be declared a nuisance.
2. Nonconforming Use: The use of premises as a salvage, junk or wrecking yard existing at the time of the enactment of the ordinance codified in this chapter not in conformance with this section may be continued for a period of thirty (30) days; after the expiration of a thirty (30) day period from and after the effective date hereof, the use of premises as a salvage, junk or wrecking yard not in conformance with this section shall be permitted or allowed only with the approval of the board of county commissioners subject to such reasonable conditions and provisions that they may impose to ensure that the use of said premises will not be offensive to any person passing by, any person residing in the neighborhood in which said property is located or injurious to or otherwise detrimental to public welfare.
C. Depositing Of Foul Or Offensive Substances: The depositing of any filth or any foul or offensive, unwholesome, nauseous or injurious substances upon any public thoroughfare or other place or upon any private property.
D. Cellars, Vaults, Privies, Etc.: All cellars, vaults, drains, pools, cesspools, privies, sewers, pigpens, livestock feedlots, yards, grounds or premises which for any cause have become foul, nauseous or injurious to health or a menace to health or which give forth odors which are offensive to adjacent residence or residences or to any person passing by.
E. Burned Or Unfinished Structures: Any structure which has been destroyed or partially destroyed by fire or any other natural or manmade disaster or any structure that has been commenced but remains unfinished after a period of six (6) months. An unfinished structure shall not include a commercial, residential or agricultural building which is under construction by a licensed contractor and where construction is active and regular.
F. Building Materials, Garbage And Trash: The maintaining, depositing or unenclosed storing of lumber, metal, building materials, trash, garbage, debris, rubbish, shrub or tree trimmings, logs or other unused, discarded or abandoned objects. (Ord. 2006-2, 2-14-2006)
It shall be unlawful for any person who allows the existence of a public nuisance to continue after a request for voluntary compliance. Each and every day in which any such violation continues after ten (10) days from the date of the request for voluntary compliance may be deemed a separate offense. Upon conviction violations shall be punishable according to section 1-4-1 of the County's Ordinance, General Penalty. Criminal enforcement shall not foreclose use of other remedies in this chapter. The Payette County Sheriff and/or designated Code Enforcement Officer(s) shall have the authority to issue citations to violators of this ordinance.
Any person who owns, creates, maintains, or who has actual or implied care or custody over any nuisance or any person who knowingly permits a nuisance to be created, maintained or to exist on premises owned by him or under his control, shall be liable and may be charged with a violation of this chapter. (Ord. 2006-2, 2-14-2006)
4-1-5 6: ABATEMENT OF NUISANCE: INTERFERENCE WITH AUTHORIZED PERSON:
It shall be unlawful, and shall be a misdemeanor punishable as provided in Idaho Code section 18-113, to interfere with the Sheriff, Code Enforcement Officer, or any law enforcement officer in the performance of duties connected with enforcement of this article. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this article or impediment or harassment of the authorized person in the performance of their duties under this article.
A. Responsibility: It shall be the duty of the owner, tenant, any person in actual or constructive possession, control or care of any lot, building or premises whereon any nuisance exists, or the lessee, manager or person in charge thereof, to remove, abate or destroy the same without delay.
B. Notice To Abate:
1. Written Notice; Service: The Payette County sheriff or other duly authorized representative shall notify in writing the owner of any such lot, place or area within the county, or the agent of such owner, or the person in possession and control of such lot to abate the nuisance indicated in the notice; provided that such written notice shall be served personally on the owner, lessee, agent, or person in possession and control, or by certified mail, addressed to said owner or agent of said owner, or the person in possession and control of such lot at his last known address.
2. Failure To Comply: Providing further, that upon failure, neglect or refusal of any such owner, or agent of such owner, or person in possession and control to abate the listed nuisance within ten (10) days after the date of such notice or in the event that notice served by certified mail is returned to the county by the post office department as unable to make delivery thereof, the county is hereby authorized and empowered to abate the nuisance and remove it at the expense of the property owner.
C. Abatement By County: Whenever a nuisance exists which cannot be abated or removed because the person who is responsible therefor cannot be found, or when the party who is responsible for the nuisance has, on at least one occasion failed and/or refused to abate or remove said nuisance, any duly authorized representative of the county shall be empowered to take steps necessary to remove, abate or destroy the same, or cause the same to be done by abatement action with the courts against said responsible party.
D. Failure To Comply After Abatement By County:
1. Costs Assessed: Whenever the county has paid for the abatement of the nuisance or has used its own employees and equipment for the abatement of a nuisance as set forth in this chapter, the actual costs thereof, plus interest at the rate of eight percent (8%) per annum from the date of completion of the work, shall be charged to the owner of such property.
2. Notice Of Costs; Lien: The owner of the property shall be given thirty (30) days' written notice to make such payment, and if not paid, such charges shall be a lien against such property in the same manner as mechanics and materialmen's liens provided for by Idaho law.
3. Recording Of Lien Or Certification Of Charges: An authorized representative of the county may or shall, at his option, either: a) cause such lien to be recorded in the county recorder's office in the manner provided by law for mechanic's and materialmen's liens, or b) certify such charges to the proper county officer for collection in the manner provided by law for the collection of taxes and assessments. (Ord. 2006-2, 2-14-2006)
Failure to abate a nuisance listed in section 4-1-3 of this chapter within the county limits after reasonable notice has been given or attempted as set forth herein, to the landowner, tenant or person responsible for maintaining or allowing the nuisance shall be a misdemeanor and shall be subject to penalty as provided in section 1-4-1 of this code. Failure to abate said nuisance from day to day shall constitute a separate offense for each day. (Ord. 2006-2, 2-14-2006)
Section 2: Any violation of this Ordinance shall be a misdemeanor punishable by not more than six (6) months in the Payette County Jail or a fine of not more than $1,000.00 or both.
Section 3: This Ordinance shall be in full force and effect immediately upon passage and publication as required by law.
Section 4: Any ordinances or resolutions which are in conflict with this ordinance are hereby repealed, but only insofar as the conflict exists.
Section 5: If any portion of this Ordinance should be found to be unconstitutional or unenforceable for any reason, the remainder of the Ordinance shall constitute Ordinance Number 2024-01.
Section 6: This Ordinance may be published by summary in accordance with the Statutes of the State of Idaho.
Approved by the Board of County Commissioners, Payette County, Idaho this ____ day of ________, 2024 by a vote of _____ ayes and _____nays.
BOARD OF COUNTY COMMISSIONERS FOR
PAYETTE COUNTY, IDAHO
BY_______________________________
Anne-Marie Kelso, Chair
ATTEST:
_____________________________
Lindsey Bratcher,
Payette County Clerk