[1]
Cross-reference: See also DCC § 13.10.010.
The city council of the city of Donnelly hereby finds that there is within the city limits, and has been for some years past, an accumulation, on private as well as public property, of abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and of other abandoned, unused, inoperable, dilapidated or deteriorating personal property; that such property, or an accumulation thereof, is an aesthetic pollution detracting from the beauty of the city and is unsightly; that it detracts from tourism and the economic welfare of the city; that it detracts from the city's ability to attract new business and industry; that such property or an accumulation thereof promotes blight and deterioration; invites plundering, looting and theft; creates, and is, a fire hazard; can be, and is, a harborage for rodents and insects; and can be, and is, an attractive nuisance for children where they may be injured or harmed; that such property, or accumulations thereof, reduces property values; and that it is injurious to the health, safety and general welfare of the residents of the city, whether it be located on public or private property.
The city is authorized and empowered, pursuant to Idaho Code, Section 50-302, to make and adopt all such ordinances as may be expedient to maintain the peace, good government and general welfare of the city and its trade, commerce, and industry, and pursuant to Idaho Code, Section 50-334, is authorized and empowered to declare what shall be deemed nuisances, to prevent, remove and abate nuisances at the expense of the parties creating, causing, committing or maintaining the same and to levy a special assessment, as provided in Idaho Code, Section 50-1008, on the land or premises whereon the nuisance is situated to defray the cost or reimburse the city for abating the same. The above specific provision which allows a special assessment on the land where the nuisance is located is interpreted to mean that the city has the authority to abate nuisances on private land and property as the city has no authority to assess a special levy on any land or property other than private property.
The presence of abandoned, wrecked, dismantled, inoperative or stolen vehicles, or parts thereof, and other unused, inoperable, dilapidated, or deteriorating personal property on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
It is the purpose and intent of this chapter to allow city officials to require the owners of real property within the city limits to clean up their real property and remove any or all abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and any or all abandoned, unused, inoperative, dilapidated or deteriorating personal property.
It is the policy of the city and the declared intent and purpose of this chapter that it is the owner of the real property who has the duty and responsibility to maintain his own land and comply with this chapter and abate said nuisances or pay the cost of such abatement.
(Ord. 137 § 1, 1995)
"Abandon,"
for purposes of this chapter only, means to leave a junk vehicle or personal property on private property without the permission of the owner or the person having rights to the possession of the property for any period of time, or on a highway or street or other property open to the public for the purposes of vehicular traffic or parking, or upon or within the right-of-way of any highway or street, for 72 hours or longer; provided, however, that even where the owner or the person entitled to possession of the property grants permission to leave a vehicle or personal property or where it is the owner or the person entitled to possession of the property who leaves the vehicle or personal property on his own property, the vehicle or personal property shall be deemed abandoned if left open to public view and unmoved, unattended, or unused for 72 hours or longer.
"Abandoned vehicle,"
for the purposes of this chapter only, shall mean a vehicle which has been abandoned.
"Junk personal property,"
for purposes of this chapter only, shall mean personal property that is refuse or waste or valueless or is not being used for the originally intended manufactured use of the personal property or is not being used for any beneficial purpose under a reasonable person's standard or is in a dilapidated condition or is in a state of disrepair or is not capable of being used for its original purpose or constitutes litter or garbage or trash or rubble.
"Junk vehicle,"
for purposes of this chapter only, shall mean a wrecked, dismantled, or inoperative vehicle, or a part thereof.
"Personal property,"
for purposes of this chapter only, shall mean all property other than real property.
"Stolen vehicle,"
for the purposes of this chapter only, shall mean a vehicle or property which has been reported to the Donnelly police department or a state or county peace officer to be stolen or which is reasonably believed by such department or peace officer to be stolen.
"Unidentified vehicle" or "unidentified property,"
for the purposes of this chapter only, shall mean any vehicle or property of which the ownership cannot be ascertained.
"Vehicle,"
for purposes of this chapter only, shall have the same definition as contained in Idaho Code, Section 49-123V.(1)(a).
"Wrecked vehicle," "dismantled vehicle" or "inoperable vehicle,"
for purposes of this chapter only, shall be defined as any vehicle, or parts thereof, which meets any of the following qualifications:
1. 
It does not carry a current, valid state registration or license plate.
2. 
It cannot be safely operated under its own power.
3. 
It is not in a garage or other building.
4. 
It does not have any one of the following: foot brakes, hand brakes, headlights, tail lights, horn, muffler, rearview mirrors, windshield wipers or adequate fenders.
5. 
Part or parts of the vehicle have been removed.
6. 
It is in a dilapidated condition.
(Ord. 137 § 2, 1995)
This chapter shall not apply to:
A. 
A junk vehicle, or part thereof, or junk personal property, which is completely enclosed within a building or in such manner that it is not visible from the street or other public or private property.
B. 
A junk vehicle or junk personal property or part thereof which is:
1. 
Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer; or
2. 
When such storage or parking is necessary to the operation of a lawfully conducted business, industry or commercial enterprise; and
3. 
Pertaining to both subsections (B)(1) and (B)(2) of this section, such business is conducted in a zone wherein such business is allowed to be conducted.
C. 
Real property upon which construction is actually taking place and ongoing.
(Ord. 137 § 5, 1995)
Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are hereby declared to be a public nuisance.
(Ord. 137 § 6, 1995)
The city clerk, and any member of the police department, fire department or building department, jointly hereafter referred to as the "city official," may order any junk vehicle, vehicles or part thereof, or junk personal property, not within the exceptions of this chapter, removed after 10 days' prior notice of intention to remove the junk vehicle or personal property.
(Ord. 137 § 7, 1995)
Notice of such order shall be placed upon said junk vehicle, vehicles or parts thereof or junk personal property. Copies of said notice shall be served personally or by certified mail, return receipt requested, upon any adult occupying or owning the real estate on which the junk vehicle, vehicles or parts thereof or junk personal property are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof or junk personal property can be found, a notice affixed to any building on the real estate or upon the junk vehicle or junk property shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof or junk property. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate.
(Ord. 137 § 8, 1995)
If it is determined by the city official that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right-of-way abutting the same, the city official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises," shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance; shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance; shall specify the penalty provisions as provided herein; shall specify the appeal process as provided herein; and shall state that if the city removes the junk vehicle or junk property the city may sell it and retain the proceeds to defray the costs of enforcement of this chapter.
(Ord. 137 § 9, 1995)
Within 10 days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the city council of the city. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or regular adjourned meeting of the city council, not less than 10 days nor more than 26 days after receipt of the appeal, the city council shall proceed to hear and pass upon such appeal, and the decision of the city council thereupon shall be final and conclusive.
(Ord. 137 § 10, 1995)
It shall be the duty of the owner or person occupying or controlling any lot, place or area in the city upon which there is situated any junk vehicle or junk personal property which has been declared a public nuisance as provided herein within 10 days from the date of notification, as provided herein, or in case of an appeal to the city council, within 10 days from the determination thereof, unless the same is sustained, to remove the nuisance as stated.
(Ord. 137 § 11, 1995)
Upon the failure, neglect or refusal of any owner or occupant so notified to remove a public nuisance as herein defined, within the time specified in this chapter, the city official may notify the city council in writing of the last known legal owner and property description in general terms, the city council may direct that civil action be taken to obtain a court order enjoining the maintenance of said public nuisance and the city shall be awarded its court costs and attorney's fees for prosecuting the action.
Regardless of the action to enjoin such nuisance or in addition thereto, upon direction of the city council and at the city council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this chapter, the city official knowing of the violation shall notify the city clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. The city clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the council, who shall cause the same to be paid and levy a special assessment against the property as allowed in Idaho Code, Section 50-1008. The owner of the property shall be notified of the assessment and may pay the same prior to its certification on the tax rolls.
(Ord. 137 § 12, 1995)
The notice given as provided in DCC § 8.10.080 shall also contain a notice to the owner or occupant of the property, or whoever the notice is given to, that the property may not be used to maintain, store, park or keep junk vehicles or junk personal property, and that additional violations or continued violations are unlawful and continued violations shall be punishable as provided in DCC § 8.10.160. The notice shall also contain a provision that additional or continued violations by the same person on the same property do not require the notice required in DCC § 8.10.080 prior to removal or prosecution. One notice that the property may not be used to violate this chapter shall be sufficient.
(Ord. 137 § 13, 1995)
It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city official, agent or employee to enter upon private or public property to enforce the provisions of this chapter.
(Ord. 137 § 14, 1995)
The owner of any lot, place or area within the city who shall permit or allow the existence of a public nuisance, as defined in this chapter, upon any such lot or premises owned, occupied or controlled by him shall be guilty of a misdemeanor.
(Ord. 137 § 15, 1995)
A. 
Any person convicted of the first violation of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $100.00, or to imprisonment in county jail, for a period not exceeding 30 days, or both such fine and imprisonment.
B. 
Any person who pleads guilty to or is found guilty of a violation of this chapter, who previously has been found guilty of or has pled guilty to a violation of the provisions of this chapter, is guilty of a misdemeanor and shall be punished as follows: shall be sentenced to jail in the county jail for a mandatory minimum period of not less than 10 days, and may be sentenced to not more than six months or fined in an amount not to exceed $300.00, or be sentenced to both such fine and imprisonment.
(Ord. 137 § 16, 1995)