A. Authority: Upon notice to the owner, the city is empowered to abate any violation of this chapter by causing the cutting and removal of trees, weeds and grass, and the removal of rubbish upon and from private property within the city and the parking within the curbing abutting same, and to assess the cost thereof against the private property so cleared, and that which is adjacent to the parking/landscape strip between the sidewalks and curb and any alley so cleaned pursuant to Idaho Code 50-317. Notwithstanding the provisions of this chapter, nothing addressed hereby shall preclude the city from acting upon conditions that constitute a nuisance pursuant to provisions of Idaho Code and pursuing abatement as provided thereby.
B. Notice: Whenever a city staff member or authorized agent finds that a violation does exist, pursuant to any provisions of this chapter, he may initiate enforcement by giving notice, by certified and first class mail addressed to the last known address of the owner of record or by personally serving the notice upon the owner of record, and if there is more than one owner of record, by such mail or personal service to any one of such owners. Said notice shall be mailed to the owner, agent or person in charge of such property, if such owner, agent or person in charge can be found. If an owner, agent or person in charge cannot be found, then notice shall be provided by posting a notice upon a conspicuous place on the premises and mailing a copy of said notice by certified mail to the owner or agent of the same at such owner's or agent's last known address. Such notice shall specify the violations required to be abated and the manner and time limits by which the owner of the property is required to achieve compliance.
C. Owner To Abate: It shall be the duty of the owner of private property whose use constitutes a violation of this chapter to cut, trim or remove such accumulations or growth immediately upon receipt of notice from the city, in no case less than the time frame stated in the notice which shall provide at least seven (7) days for performance unless an emergency is found to exist.
D. Appeals: If the property owner receiving notice to abate a violation of this chapter contests the determination, a written appeal of the notice may be filed with the city clerk within no more than seven (7) days of transmittal of the notice to abate a violation. The city council shall hear the appeal as soon as possible. A decision shall be rendered in writing as soon as practical. Any decision rendered by the city shall be final.
E. Abatement By City; Collection Of Costs:
1. In any case where a person required under this chapter does not abate the violation, the city, through its own personnel, contractor and/or agents, may enter upon the premises to cut, trim or remove weeds, brush piles, vegetative litter or nuisance tree or shrub growth, remove trash and abate all nuisances described in this chapter.
2. The total cost of the abatement shall be billed to the owner of the property for payment. In the event payment is not made within thirty (30) days, or if the owner or whereabouts of the owner are not known, the cost of abatement may be certified by the city clerk and forwarded to the county treasurer for inclusion in the county property tax assessment pursuant to Idaho Code 50-1008. Pursuit of the abatement by the city shall not preclude prosecution of violations of this chapter.
3. An error in the name of the responsible person shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid assessment against the property.
4. The lien shall bear interest at the rate of ten percent (10%) per annum, with interest to commence from the date of entry of the lien in the lien docket. (Ord. 482, 6-5-2006)