A. Definition Of Nuisance 1 : That which is generally objectionable to the public and which may be considered a safety, fire, health or traffic hazard. Examples of situations which may be nuisances include, but are not limited to: excessive accumulation of trash in which insects (flies, mosquitoes, etc.) may breed or rodents may live; any condition or use of property which creates a safety, fire, health or traffic hazard. However, no act which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance, unless the statute or ordinance so allows.
B. Persons Responsible For Nuisance Defined: Any person who creates, causes, maintains or knowingly allows to exist a nuisance on any premises or real property which the person owns, rents, leases, or has charge or possession of in Twin Falls County. Successive owners shall be responsible in the same manner as prior owners if the successive owner neglects to abate a continuing nuisance which was originally caused by a former owner.
C. Actions For Nuisance: The Prosecutor for Twin Falls County, or a deputy prosecutor, may file an action to enjoin or abate a nuisance and may seek civil and/or criminal penalties for the nuisance.
D. Enforcement Procedure: When a nuisance is suspected to exist within Twin Falls County:
1. A written notice that a nuisance exists shall be served upon the owner, if known, and the person responsible for the nuisance. If possible, service shall be by personal service or certified mail directed to the last known address. If such service is not possible, then the notice shall be posted on a building or other place on the premises where people can be reasonably expected to see it.
2. The notice shall describe the nuisance, advise that the nuisance must be abated within fifteen (15) days of the notice, advise that civil proceedings and/or criminal proceedings may be initiated if the nuisance is not abated, advise that costs of the court proceedings and the nuisance abatement may be assessed against the owner and/or the persons responsible for the nuisance. An extension of time may be granted if due diligence and substantial progress has been made to abate the nuisance.
3. In cases where irreparable injury may occur if the nuisance is allowed to continue, a temporary injunction may be issued notwithstanding the notice provision.
4. In cases where a nuisance is occurring which constitutes an immediate and emergent threat to public health, safety, welfare or environment, the County may summarily and without notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the owner and person responsible for the nuisance as soon as reasonably possible after the abatement. Costs of the abatement shall be charged to the owner, or person responsible for the nuisance.
E. Abatement And Penalties: If the owner, or person responsible for the nuisance does not abate the nuisance within the time allowed, they may be proceeded against either civilly or criminally.
The expenses of abatement and abatement proceedings, including any expenses arising from contractors hired by the County to perform the abatement and any investigatory costs, shall be charged to the owner, or person responsible for the nuisance. The expenses and costs may attach as a lien upon the subject property, if unpaid. It shall be a separate offense for each date that a nuisance is maintained, kept or allowed to exist.
F. Interference With Enforcement Or Investigation: It shall be unlawful and shall be a misdemeanor to interfere with any law enforcement officer, health protection officer, zoning department employee, weed control personnel, fire district personnel, or any other person in the performance of their duties connected with the enforcement or investigation of any possible violation of this Chapter. Such interference shall include, but not be limited to, removal of notices posted on the property prior to the notices having been left in place for one hundred twenty (120) hours. (Ord. 21, 12-1-1998)
Notes
| 1 | 1. See also Section 8-2-2 of this Title, definition of Nuisance. |