8-1-2-7: AMENDMENTS TO THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE:
Section 101.1 Insert: [City of Sun Valley, Idaho].
Sections 103.1, 103.2, 103.3, and 103.4 are deleted.
Section 103.5 is amended to read:
   103.5 Fees. The fees for activities and services performed by the city of Sun Valley in carrying out its responsibilities under this code shall be as set forth in Table 1-A as established by resolution of the city of Sun Valley.
Section 106.3 is amended to read:
   106.3 Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with section 107 shall be deemed guilty of a misdemeanor, with the exception of any violation of section 302, which shall be an infraction, and any violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official or community development director shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Section 106.4 is amended to read:
   106.4 Violation Penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, may be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 107.1 is amended to read:
   107.1 Notice to Person Responsible. Whenever the community development director or code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with section 108.3. Any notice or action shall be given at the discretion of the community development director or the code official and a determination by the community development director or the code official that such a notice should be given because of the condition of such property shall be conclusive on the question of whether the condition warrants such action. It shall be the duty of the owner of any lot, place, or area in the city which has been declared a public nuisance as provided herein, within twenty (20) days of posting, mailing, personal service or last day of publication (whichever is later) of the nuisance abatement notice to remove or abate the nuisance or to make written arrangements satisfactory to the city for abatement in the future. Upon the failure, neglect, or refusal of any owner or occupant so notified to remove the nuisance or make such arrangements, the city may cause legal action to be taken.
Section 107.3 is amended to read:
   107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
      1.   Delivered personally;
      2.   Sent by certified mail addressed to the last known address;
      3.   If the notice is returned showing that the letter was not delivered, a notice shall be placed in a newspaper of general circulation in Blaine County. Said newspaper advertisement shall be a general notice and shall contain a general statement of the effect of such posting.
Section 108.1.5 paragraph 11 is amended to read:
      11.   Any portion of a building remains on a site after the demolition, destruction or reasonable cessation of construction activity of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
Section 110.1 is amended to read:
   110.1 General. The code official may order the owner of any premises upon which is located any structure, which in the code official's judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than one years, the code official may order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.
Section 111.1 is amended to read:
   111.1 Application for Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the city council, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
Sections 111.2 through 111.8 are deleted.
Section 112.4 is amended to read:
   112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable in accordance with either a misdemeanor or civil infraction subject to prosecution as set forth herein.
Section 302.4 is amended to read:
   302.4 Weeds. All rubbish and weeds which constitute a fire or health hazard shall be removed from all land within the city. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers, lawns, and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
Section 304.3 is amended to read:
   304.3 Premises identification.  For all new construction, buildings shall have approved address numbers placed in a position to be plainly eligible and visible from the street or road fronting the property.  Numbers shall be not less than 6 inches in height with a stroke width of not less than 0.5 inches and shall be placed a minimum of 4 feet above finished grade.
Section 302.10 is added to read:
   302.10 Motorized/Non-Motorized Campers. No motorized or non-motorized camper, camper shell, camper apron, or camper trailer shall be parked, kept, or stored unenclosed on any premises for a period exceeding 90 days.
Section 304.14 Insert: [May 1] [September 30].
Section 308 is deleted in its entirety.
Section 602.3 Insert: [October 1] [April 30].
Section 602.4 Insert: [October 1] [April 30].
(Ord. 550, 12-3-2020)