CITY OF TROY

ORDINANCE NO. _2008-01

PUBLIC NUISANCES

AN ORDINANCE OF THE CITY OF TROY, LATAH COUNTY, IDAHO A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ABATEMENT OF PUBLIC NUISANCES WITHIN THE CITY; PROVIDING DEFINITIONS; DEFINING NUISANCES; PROVIDING THAT VIOLATION OF THIS ORDINANCE SHALL BE AN INFRACTION AND THAT SUBSEQUENT VIOLATIONS MAY BE CITED AS A MISDEMEANOR; PROVIDING THAT EACH DAY OF VIOLATION SHALL BE A SEPARATE VIOLATION; PROVIDING FOR ABATEMENT OF NUISANCES; REPEALING PRIOR INCONSISTENT PROVISIONS; PROVIDING THAT THIS PROVISION SHALL BE DEEMED SEVERABLE AND THAT REMAINING SECTIONS OF TROY MUNICIPAL CODE SHALL NOT BE AFFECTED BY A FINDING THAT THIS PROVISION IS UNLAWFUL OR UNENFORCEABLE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.

WHEREAS:               Nuisance abatement is necessary to ensure the protection of the health, safety, and welfare of City residents; and

WHEREAS:               The Troy Mayor and City Council find it in the public interest to amend the Troy Municipal Code to provide procedures to abate public nuisances; and

NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Troy as follows:

Section 1:  Statement of Purpose

This Ordinance seeks to assure that public nuisances will be eliminated and abated promptly and efficiently.

Section 2:  Definitions 

A. The term “Code Enforcement Officer” shall mean any person designated by the Mayor to enforce the provisions of this ordinance.

B. The term "nuisance" shall mean any condition or use of real property which is detrimental to the normal use and enjoyment of adjacent or surrounding real property or which tends to cause substantial diminution in value of other real property in the immediate vicinity. 

Section 3:  Declaration of Nuisance; Acts Prohibited

A. Causing or allowing a nuisance, as defined herein, to exist is hereby declared to be unlawful.

B. The acts of allowing noxious weeds to grow or allowing weeds and grass to exceed six (6) inches in height are hereby declared to be nuisances.

C. The placement or storage of the following things on public or private property in the view of other property is hereby declared to be a nuisance:

1.                  inoperable, abandoned, partially dismantled or junked automobiles, or other vehicles, or vehicle parts and unlicensed vehicles

2.                  refuse or debris other than that which has been collected to await arrival of the      city’s garbage             collector;

3.                  animal waste or carcasses;

4.                  machinery, equipment, or implements, or inoperable, abandoned, partially   dismantled, or junked trailers;

5.                  furniture or mattresses or appliances;

6.                  partially dismantled buildings or building supplies;.

Section 4 – Exceptions

Materials and things described in the foregoing Section may be retained within a building or a fence at least six feet high which prevents the view of these things from the street or from other public or private property.  The fence must be constructed of wood, masonry, or be a chain link fence with sight occluding slats, or be constructed of other materials approved by the Building Official.

Section 5 - Unlawful Acts; Violation; Penalty

A. Causing a nuisance is unlawful; allowing a nuisance to exist on property controlled by a person is a violation by that person.  If the owner allows a nuisance to exist after a notice from the City to abate, the owner shall be in violation of this ordinance even if they do not reside on the property.

B. Any violation of this Ordinance shall be charged as an infraction, the first time cited.  The court may assess a fine not to exceed $100.00 for each violation.  Each day that a person allows a nuisance to continue on property under his or her control shall be a separate violation. A second violation on the same property within a one year period may be cited as a misdemeanor with a fine not to exceed $300.00 or incarceration in the county jail for up to 30 days, or both such fine and incarceration.

Section 6 - Methods of Abatement

The Code Enforcement Officer may cause any person violating the provisions of this Ordinance to be cited by a peace officer or may attempt to secure voluntary Nuisance Abatement by contacting the person responsible for the violation and requesting correction.  The violator may be presented with the opportunity to sign a Voluntary Nuisance Abatement Agreement with waiver of hearing and appeal.  The City may also use any available civil remedy to abate the nuisance.

Section 7 - Voluntary Nuisance Abatement Agreement

The Code Enforcement Officer may secure Voluntary Nuisance Abatement by contacting the person responsible for the violation.  The Voluntary Nuisance Abatement Agreement is a contract between the City and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions.

1. Right to a Hearing Waived.  The person responsible for the violation must waive the right to a hearing of the violation and the required corrective action upon entering into a Voluntary Nuisance Abatement Agreement.

2. Extension – Modification.  An extension of the time limit for abatement or a modification of the required corrective action may be granted by the Code Enforcement Officer.  Extension or modification of the Voluntary Nuisance Abatement Agreement is allowed if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render abatement under the original conditions unattainable.

3. Standards of Abatement – The violation shall be considered abated when the offending property is either removed from the premises, enclosed inside a building, or screened from view from both the street and adjoining property.  Temporary measures, such as tarps, unenclosed or unscreened areas, are not considered abatement.

4. Abatement by the City. The City may abate the violation using City forces or contract for abatement if the terms of the Voluntary Nuisance Abatement Agreement are not complied with.

5. Collection of Costs. If the terms of the voluntary Nuisance Abatement agreement are not met, the person responsible for the violation shall be assessed all costs and expenses of abatement including attorney fees, if incurred.

6. If such expenses are unpaid for thirty (30) days, the fees assesed may be forwarded to the County Assessor to be collected in accordance with Idaho Code.

Section 8: Repeal and Severability

A.        That any provisions of the Troy City Code found to be inconsistent with this Ordinance be and the same is hereby repealed.

B.        Should any provision of this Ordinance be deemed unlawful or unconstitutional, such finding shall not affect the remaining provisions of this Ordinance.

Section 9: Effective Date

This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

PASSED BY THE CITY COUNCIL as an Ordinance of the City of Troy on this _____ day of ____________, 2008.

Mayor, City of Troy

Attest:                                                            

 City Clerk