The city council hereby finds, declares and determines that the existence of a nuisance upon any lot or parcel of land is a detriment or menace to neighboring property and the health, safety and welfare of the residents in the vicinity, and as such, shall be abated in the manner provided in this chapter.
No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any nuisance to remain on said property. Items must be placed neatly on the side of the property behind the front line of the house. Firewood neatly stacked is exempt and may be in the front of the house. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:
A. Materials: Junk, trash, debris, salvage materials, wood, newspapers, boxes and the like. Exception to these restrictions are houses under construction.
B. Offensive Debris: Any compost pile or liquid/semi-liquid waste which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease carrying pests, animals or insects; provided, that the presence of earthworms in a compost pile shall not constitute a nuisance, nor shall a properly maintained garden compost facility.
C. Unsanitary Premises: Keeping unsanitary matter on premises. It shall be unlawful for any person to keep or permit another to keep upon any premises deleterious or septic material which causes adverse effects upon the occupancy or use of neighboring lands. Such materials must generally be retained in containers or vessels which deny access by humans, flies, insects, rodents and animals.
D. Weeds And Plants: All uncultivated unmowed grasses, noxious weeds and all other rank uncultivated vegetation over eight inches (8") tall, other than trees, shrubs and cultivated plants, flowers and agricultural products.
In addition to vegetation listed under this subsection, any tree, shrub or other plant material that meets any of the following definitions shall be considered a nuisance under this chapter:
1. Puncture vines;
2. Poison oak, poison ivy or other rank, noxious and dangerous vegetation; and
3. Thorned plants that extend into a public way or pathway, cross a property line or that are used for habitation for trespassers; or
4. Any vegetation that is:
a. A health hazard;
b. A fire hazard. In determining whether a fire hazard exists, the code enforcement officer may consider the following factors:
(1) Whether the situation is present during the dry season, May 1 through October 30;
(2) Whether the lack of rain for ten (10) continuous days has negatively affected soil moisture content;
(3) Whether the average air temperature has been above seventy degrees Fahrenheit (70°F) for ten (10) continuous days; and
(4) Whether the vegetation is within ten feet (10') of any combustible material or other structure or property which could be damaged by fire.
c. A traffic hazard, because it impairs the view of a public street, or impairs the view of any traffic control device, or otherwise makes use of the street hazardous. (Ord. 482, 6-5-2006)
E. Abandoned, Wrecked Personal Property: No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating and/or unlicensed vehicle (including, but not limited to, automobiles, trucks, trailers, ATVs, snowmobiles, motorcycles, campers), machinery, implement and/or equipment and personal property of any kind, which is no longer safely usable for the purposes for which it was manufactured, specifically any vehicle that does not have affixed to the vehicle a current state of Idaho license tag, off road vehicle registration and/or recreational vehicle license to remain on such property longer than fifteen (15) days unless such vehicle, equipment, etc., is maintained in an enclosed building, as defined by the zoning ordinance of the city, such that the materials are not readily visible from any public place or from any surrounding private property. Allowing such materials to remain unenclosed shall constitute a nuisance. The absence of a current state of Idaho license from any vehicle shall be presumptive evidence that such vehicle is abandoned, discarded, scrapped, ruined or junked.
This subsection shall not apply with regard to any vehicle, equipment or other personal property on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle, equipment or other damaged and abandoned personal property is necessary to the operation of such business enterprise and is not in violation of other provisions of law so long as the vehicles, equipment or other personal property on the premises of the business enterprise is located within a sight obscured fenced enclosure. (Ord. 541, 7-5-2011)