Unlike the other chapters of this title, which apply to existing land uses or buildings only when they are changed, this chapter applies to all existing uses and buildings. This chapter is based on the authorities previously cited (see Idaho Code) and Idaho Code 50-334. (Ord. 459-13, 2013)
17.72.020: DANGEROUS BUILDINGS:
The uniform code for the abatement of dangerous buildings published by the International Conference Of Building Officials is hereby adopted, and adapted as necessary to the administrative procedures used in this title. This code provides the city with the power, following due process, to order the demolition or repair of buildings that threaten public health and safety. (Ord. 459-13, 2013)
17.72.030: EXISTING OUTDOOR STORAGE:
A. No existing solid waste storage or handling area, or outdoor storage area may be expanded, except in compliance with the provisions of this title. For the purposes of this requirement, "expansion" shall include either an increase in the area used for storage, or an increase in the quantity of materials stored. This prohibition applies to outdoor storage for any reason, including storage on residential lots.
B. No solid waste storage or handling area, or outdoor storage area shall constitute an attractive nuisance, fire hazard, or health hazard.
ATTRACTIVE NUISANCE: Any property onto which abandoned appliances, buildings, or machines; bodies of water, or excavations could attract children into potentially hazardous areas. The required mitigation for an attractive nuisance will normally be installation and continued maintenance of an effective fence or wall.
FIRE HAZARD: Any accumulation or stockpile of combustible or flammable solid waste or material that, in the opinion of the fire chief, presents the possibility of accidental ignition and rapid spread to adjacent properties. The required mitigation for a fire hazard can be removal or enclosure in an appropriate container or structure.
HEALTH HAZARD: Any accumulation of solid waste or material that attracts vectors of disease, including insects and rodents. The required mitigation for a health hazard can be removal or enclosure in an appropriate container or structure. (Ord. 459-13, 2013)
17.72.040: MAINTENANCE OF PREMISES:
A. All premises shall be maintained free of litter and weeds that might pose a health or safety hazard or result in the spread of weeds to other properties. Failure to so maintain any lot or parcel shall be a violation of this title.
B. All vacant lands shall be maintained in turf or an equivalent vegetative cover that prevents water and wind erosion. Failure to so maintain any lot or parcel shall be a violation of this title. (Ord. 459-13, 2013)
17.72.050: ABATEMENT OF NUISANCES:
The procedure of section 17.16D.040 of this title should be used to determine whether a violation of this chapter exists.
A. Upon finding that a violation of this chapter exists, the administrator shall give the owner a reasonable time to correct the violation, as provided by sections 17.16D.040 to 17.16D.060 of this title.
B. Upon finding that a violation of this chapter continues after the time permitted for its correction, the administrator may ask the prosecuting attorney to commence legal action, or ask the city council to authorize its removal by the city or a contractor, at the owner's expense. The city may levy a special assessment on the property to pay for the costs of nuisance abatement. (Ord. 459-13, 2013)
Ashton City Zoning Code
CHAPTER 17
72 ABATEMENT OF EXISTING NUISANCES
17.72.010: PURPOSE:
Unlike the other chapters of this title, which apply to existing land uses or buildings only when they are changed, this chapter applies to all existing uses and buildings. This chapter is based on the authorities previously cited (see Idaho Code) and Idaho Code 50-334. (Ord. 459-13, 2013)
17.72.020: DANGEROUS BUILDINGS:
The uniform code for the abatement of dangerous buildings published by the International Conference Of Building Officials is hereby adopted, and adapted as necessary to the administrative procedures used in this title. This code provides the city with the power, following due process, to order the demolition or repair of buildings that threaten public health and safety. (Ord. 459-13, 2013)
17.72.030: EXISTING OUTDOOR STORAGE:
A. No existing solid waste storage or handling area, or outdoor storage area may be expanded, except in compliance with the provisions of this title. For the purposes of this requirement, "expansion" shall include either an increase in the area used for storage, or an increase in the quantity of materials stored. This prohibition applies to outdoor storage for any reason, including storage on residential lots.
B. No solid waste storage or handling area, or outdoor storage area shall constitute an attractive nuisance, fire hazard, or health hazard.
ATTRACTIVE NUISANCE: Any property onto which abandoned appliances, buildings, or machines; bodies of water, or excavations could attract children into potentially hazardous areas. The required mitigation for an attractive nuisance will normally be installation and continued maintenance of an effective fence or wall.
FIRE HAZARD: Any accumulation or stockpile of combustible or flammable solid waste or material that, in the opinion of the fire chief, presents the possibility of accidental ignition and rapid spread to adjacent properties. The required mitigation for a fire hazard can be removal or enclosure in an appropriate container or structure.
HEALTH HAZARD: Any accumulation of solid waste or material that attracts vectors of disease, including insects and rodents. The required mitigation for a health hazard can be removal or enclosure in an appropriate container or structure. (Ord. 459-13, 2013)
17.72.040: MAINTENANCE OF PREMISES:
A. All premises shall be maintained free of litter and weeds that might pose a health or safety hazard or result in the spread of weeds to other properties. Failure to so maintain any lot or parcel shall be a violation of this title.
B. All vacant lands shall be maintained in turf or an equivalent vegetative cover that prevents water and wind erosion. Failure to so maintain any lot or parcel shall be a violation of this title. (Ord. 459-13, 2013)
17.72.050: ABATEMENT OF NUISANCES:
The procedure of section 17.16D.040 of this title should be used to determine whether a violation of this chapter exists.
A. Upon finding that a violation of this chapter exists, the administrator shall give the owner a reasonable time to correct the violation, as provided by sections 17.16D.040 to 17.16D.060 of this title.
B. Upon finding that a violation of this chapter continues after the time permitted for its correction, the administrator may ask the prosecuting attorney to commence legal action, or ask the city council to authorize its removal by the city or a contractor, at the owner's expense. The city may levy a special assessment on the property to pay for the costs of nuisance abatement. (Ord. 459-13, 2013)