4-1-1: Nuisance Defined
For the purpose of this chapter, the term "nuisance" is defined to mean any condition or use of property which is detrimental to the health or safety of persons or the property of others, or which is declared to be a nuisance by this chapter, or by any other State or Federal law. Nuisances shall specifically include, but are not limited to, the following:
A. Maintaining upon property junk, trash, garbage, refuse or other similar matter as defined by this chapter;
B. 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, including, but not limited to, animal feces, unless such material is retained in containers or vessels which deny access to humans, flies, insects, rodents or other animals;
C. Permitting any premises to become unsanitary or a fire menace by allowing any unsafe matter to grow, accumulate or otherwise occupy and remain on such premises;
D. Permitting pools of water to accumulate and remain upon any premises, thereby becoming stagnant and foul;
E. Any other use of property which is specifically declared by resolution of the Council to be a nuisance, after compliance with the notice and hearing requirements of this chapter. (1952 Code § 8-08-01)
4-1-2: Expectorating; Spitting
To promote and protect the public health of the inhabitants of the City, it shall be a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, for any person to expectorate or spit in any public water fountain; or on the floor, wall, ceiling, furniture, fixtures or equipment in any building open to and used by the public, save and except in toilet facilities used as receptacles for human waste, cuspidors, spittoons or in any other receptacle located within said building specifically designed or utilized as a depository for expectorate or spit. (1952 Code § 8-08-04; amd. 2019 Code)
4-1-3: Stables; Pig Pens
A. Proper Maintenance Required:
1. Every owner of any stable, pen, building or place in which any horse, cattle, swine or any other animal shall be kept, or any place in which manure or any liquid discharge of such animal shall accumulate, shall cause such manure or liquid discharge to be placed and kept in a suitable receptacle completely enclosed and covered from flies, mosquitos or other insects; and such receptacle shall be kept in a suitable place on the premises and the contents thereof removed therefrom to some proper place at such intervals as shall be necessary and proper under the circumstances in each particular case.
2. Every owner shall, at all times keep or cause to be kept said places and the drain yards and appurtenances thereof in a neat, clean and wholesome condition, and it shall be kept in such condition. (1952 Code § 8-08-05)
B. Penalty: Any person who shall fail to comply with the provisions of this section and who shall neglect or refuse to remove such manure, liquid discharge or offal for a period of one day after being notified to do so by the Chief of Police or Health Officer shall be deemed guilty of a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-08-05; amd. 2019 Code)
4-1-4: Abatement Of Nuisance
A. Notice: Whenever a written statement that a "nuisance", as defined in this chapter, exists or is being maintained within the jurisdictional limits provided by Idaho Code, is received by the City Attorney or designee stating that the same is a menace to the public health or dangerous to the health or safety of the inhabitants of the City, the City Attorney or designee shall issue a notice requiring the owner or agent of the owner of the premises to remove and abate the nuisance from said premises within a time, not exceeding ten (10) days, to be specified in the notice. Said notice shall be served by a Code Enforcement Officer or a police officer, by delivering a copy thereof to the owner, agent or occupant of the said property; or if the same is unoccupied and the owner is a nonresident, then by mailing the notice to the owner's last known address by certified mail.
B. Failure To Comply; Action By City: If the owner, agent or occupant of the property shall fail to comply with the requirements of the notice within the period specified therein, the City shall proceed to have the things described in the notice removed and abated from the property and the costs of abatement assessed in the manner provided for in Idaho Code. (1952 Code § 8-08-02)
4-1-5: Notice Of Hearing For Unspecified Nuisance
A. Hearing Required: In the event that the activity or use of the property is not a specified nuisance as declared in section 4-1-1 of this chapter, the City Attorney or designee shall set the matter for a hearing before the City Council and shall notify the owner or agent of the owner or occupant of the property by personal service, certified mail or substituted service, of the grounds for declaring the use of the property a nuisance and the date of the hearing before the City Council, which date shall in no event be less than ten (10) days from the receipt of notice of intent to seek a declaration of nuisance. Failure to receive a notice sent or served shall not invalidate the nuisance declaration resolution.
B. Conduct Of Hearing: At the hearing before the City Council the property owner, or agent of the owner or occupant of the property may present evidence, call witnesses and be represented by counsel.
C. Order Of Abatement; Failure To Comply: In the event the City Council resolves that the specific use of property is a nuisance, the City Council shall, by resolution, order the abatement or removal of the nuisance within a time period specified in the resolution. Should the owner, agent or occupant of the property fail to abate or remove the nuisance within the time period set by the City Council, the City shall proceed to abate the same and cause the costs of abatement to be assessed to the property in the manner prescribed by Idaho Code. (1952 Code § 8-08-03)
Any person failing to remove or abate any nuisance as described in this chapter shall be guilty of a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-08-07; amd. 2019 Code)