This chapter shall be known as the PROPERTY MAINTENANCE ORDINANCE OF THE CITY OF CHUBBUCK, may be cited as such, and will be referred to hereinafter as "chapter". (Ord. 333 § 1, 1990)

A. The purpose of this chapter is to promote the health, safety and welfare of the citizens of Chubbuck, Idaho, and to protect neighborhoods against blighting and deteriorating influences by establishing requirements for maintenance of all building exteriors and all premises and vacant land.

B. This chapter shall apply to all buildings, structures and lands within the city without regard to the use, the date of construction or date of alteration. (Ord. 333 § 1, 1990)

The following are defined for purposes of this chapter:

BLIGHTED: Unsightly conditions including the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead or damaged through the natural elements; and any other similar conditions of disrepair and deterioration that contribute to the downgrading of neighborhood property values.

DEBRIS: Substance of little or no apparent economic value, present in a state of apparently unpremeditated disarray.

DETERIORATION: A lowering in quality of the condition or appearance of a building or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay or neglect or excessive use or lack of maintenance.

EXTERIOR OPENING: An open or openable window or passage between interior and exterior spaces.

GARBAGE: Food waste, useless waste or material, trash, rubbish, refuse or litter.

IMMINENT HAZARD: Presenting an immediate likelihood for causing serious personal harm due to a condition of incompletion, deterioration, unprofessional modification, breakage, leakage or exposure.

INFESTATION: The apparent presence of unpleasant, damaging, or unhealthful numbers of insects or rodents.

OCCUPANT: A natural person, partnership, or corporation or other entity that, through rights of ownership or rental, has the use and enjoyment of the subject real property for residential or commercial purposes.

PROPERTY MANAGER: A natural person, partnership, corporation or other entity with the authority and ability to make emergency repairs and with the responsibility to oversee the maintenance and protection of the property, and to represent the owner's interests.

SCREENED AREA, EXTERIOR: An area separated by a device or materials used to conceal one element of a property from other elements or from adjacent or contiguous property.

SOUND CONDITION: Able to support itself under reasonable loading or weather conditions, free from decay or defect. (Ord. 333 § 1, 1990)

The following shall apply to all structures and buildings in the city:

A. Exterior Surfaces: All exposed exterior surfaces, windows and doors shall be maintained so as to be free of deterioration that is a threat to health and safety and shall not otherwise present a deteriorated or blighted appearance. The following shall be present: windows, doors, screening, locks on doors, hinges. These items must be free from deterioration and blighting influences. Examples of such deterioration and blight are:

1. Improperly anchored canopies, metal awnings, stairways, exhaust ducts and overhead extensions.

2. Improperly maintained chimneys that are structurally unsafe.

3. Exterior windows and doors that are not fitted securely in their frames and are not weathertight or have inoperable locks.

4. Paint that is deteriorated, indicated by peeling, flaking, cracked, blistering or mildew, resulting in exposed, bare or unprotected surfaces.

B. Foundations, Walls And Roofs: Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in structurally sound and weathertight condition. These elements shall adequately support and protect the building at all points and shall also be free from deterioration.

1. Foundation: The building foundation shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon.

2. Exterior Walls: The exterior walls shall be substantially weathertight, weatherproof, free from dry rot and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. All exterior surfaces other than decay resistant materials, shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. No lead based paint shall be used on any surface of any structure.

3. Roofs: Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from surface breaks, splits, raised edges, blisters, and missing shingles that may contribute to the deterioration of the structure or otherwise present a deteriorated or blighted appearance.

C. Outdoor Stairs, Porches, Railings: All outdoor stairs, porches and hand railings shall be adequate for safety. Every stair and porch shall be maintained so as to be safe and in structurally sound condition. (Ord. 333 § 1, 1990)

The following shall apply to all land, vacant, improved or unimproved:

A. General: All land, whether improved or unimproved, shall be maintained free from any accumulation of garbage or a blighting influence. All land and property shall be free from accumulation of garbage or blighting influence, which includes graffiti on walls, fences or mailboxes, accumulation of litter, rubbish, refuse, waste material, vehicles, discarded appliances, discarded furniture, broken glass, piles of mixed material, dry vegetation, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing straw, packing hay, or other packing material, lumber not neatly piled, lumber stored in front yards, scrap iron, tin and other metal not neatly piled, or anything whatsoever in which insects may breed or multiply or which provides harborage for rodents, snakes or other harmful pests or which may otherwise create a fire hazard.

B. Weeds, Bushes, Trees And Other Vegetation: All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations, or which may likely become fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants. The premises shall be free from visual blight, potential fire hazards, dead trees and branches, lawn grass higher than six inches (6") and tumbleweeds or weeds higher than twelve inches (12") tall.

C. Fences, Screen Walls And Retaining Walls: All fences, screen walls and retaining walls on the premises shall be safe and structurally sound, and shall be maintained so as not to constitute a blighting influence. Blighting influences include leaning fences, missing slats or blocks, painted graffiti, deterioration and rotting.

D. Exterior Insect, Rodent And Animal Control: All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits or other insects and animals where such activity is not a danger or nuisance to residents of the area, and where other applicable legal requirements are met. The premises shall be free from insects, rodent infestation and other noxious pests, and the accumulation of stagnant water which may become breeding areas for insects or which may be the cause of erosion of foundation walls.

E. Drainage: All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes hazardous or unhealthy condition, breeding areas for insects or erosion of foundation walls. (Ord. 333 § 1, 1990)

The mayor or his designee shall be responsible for the enforcement of the provisions of this chapter. (Ord. 346 § 2, 1991)

A. The mayor or his designee, upon receipt of a complaint from any person, is authorized and directed to make inspections of property, to determine compliance with this chapter.

B. Unscreened exterior areas may be inspected at any time with or without the involvement of the owner or occupant in accordance with legal requirements governing administrative inspections of private property.

C. Screened exterior areas shall be inspected only during the normal business hours of the city unless otherwise arranged, and only upon invitation or with the concurrence of the occupant or when ordered by a court when probable cause exists to believe that conditions may be detrimental to health and safety.

D. Except in cases of alleged imminent hazards, if the occupant is not the owner of the premises or dwelling unit to be inspected, the mayor or his designee shall provide reasonable notice in writing or by telephone to the owner or designated agent as to the time and place of inspection. The owner or designated agent may be present for the inspection if the occupant concurs. The convenience of the owner or designated agent shall not require the rescheduling of the inspection. (Ord. 346 § 2, 1990)

A. Warning Letter:

1. If, after an inspection, the city finds one or more violations of this chapter based on a complaint, the city should, in writing, notify the owner or designated agent. The city should issue a warning letter providing fifteen (15) to thirty (30) days to correct the violation prior to a notice of violation being sent, except that in the case of an imminent hazard the city shall proceed immediately with the notice of violation.

2. The warning letter shall contain the following information:

a. Identification of property in violation.

b. Statement of violations in sufficient detail to allow a responsible party to identify and correct the problem.

c. Reinspection date and time.

d. Name, address and phone number of a city representative to contact.

3. The warning letter is issued as a courtesy to property owners and shall not be construed as a legal requirement. The intent of this section is to allow the city, at its discretion, to use first class United States postal service for the warning letter and to use certified mail for notices of violation. (Ord. 346 § 2, 1990)

A. If, after an inspection, and a warning letter, if provided, the city finds one or more violations of this chapter based on a complaint, the city shall, in writing, notify the owner or the designated agent. If the property in violation is not owner occupied and it contains imminent hazards, the city must also notify occupants of the imminent hazards.

B. The notice of violation shall include the same information as required in section 8.24.064 of this chapter and further giving the owner, designated agent and/or occupants not less than ten (10) days to remove, abate or destroy the condition causing the violation. A copy of said notice shall be posted in a prominent place upon premises at or near the location where the nuisance exists. Such notice shall further state that any one of the responsible parties may, within ten (10) days following mailing, appeal the matter by submitting a written request for review by the city council. If such request is submitted, the city council shall conduct a hearing upon the matter at its next regularly scheduled meeting, and the council shall decide whether the notice should be modified, withdrawn, or enforced as written. (Ord. 346 § 2, 1990)

Any notice permitted or required to be given for any purpose under this chapter shall be deemed effective on the date when written notice is hand delivered, or deposited in the United States mail or sent certified mail, addressed to the property owner or his designated agent. Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the city does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situations. (Ord. 346 § 2, 1990)

A. Any owner, occupant, lessor, lessee, manager, or other person having lawful control over a structure or parcel of land who causes, permits, facilitates, or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter or who permits a lessee or a tenant to violate this chapter shall be guilty of a misdemeanor. Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation.

B. The owner of record, as recorded in the records of Bannock County, of the property upon which a violation of this chapter exists shall be presumed to be the person having lawful control over a structure or parcel of land. If more than one person shall be recorded as the owner of the property, said persons shall be jointly and severally presumed to be persons having lawful control over a structure or parcel of land. This presumption shall not prevent enforcement of the provisions of this chapter against any person specified in subsection A of this section.

C. It shall not be a defense for an owner of record to plead that any act or omission made punishable by this chapter was at the time the violation occurred within the control of a lessee or tenant pursuant to a lease or rental agreement.

D. Prosecution of an offense, under this section, shall not preclude the city from seeking a civil remedy as provided in section 8.24.074 of this chapter for failure to comply with this chapter. (Ord. 346 § 2, 1990)

The authority of the city to enforce the provisions of this title is independent of and in addition to the authority of other city officials to enforce the provisions of any other title of the city code. (Ord. 346 § 2, 1990)

The city may commence injunctive proceedings against any persons, corporations, firms, associations or other entities engaging in activities prohibited by this chapter. In such proceedings the city shall request and the court may award the city its costs, as determined by court rule, together with reasonable attorney fees and such other or further relief including judgment for site clearing expenses, as the court may deem just. (Ord. 346 § 2, 1990)

A. If the property owner or other person served a notice or order by the city pursuant to this chapter fails to comply with such notice or order, the council may adopt a resolution finding that a violation of this chapter exists, that there has been a failure of compliance with a notice to remove, abate, or destroy the problem and that action by the city is required to protect the public health, safety, and welfare in the area affected. Following adoption of such a resolution, the mayor may direct that employees of the city, or the city's contractors or agents, go upon the premises in question and remove, abate, or destroy the problem. The city shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney fee. The expense may also be certified to the city clerk and transmitted to the county treasurer, and be collected by special assessment upon the property to the extent provided by law. If the certificate is recorded at the office of the county recorder, it shall become a lien against the property to the extent provided by law. (Ord. 346 § 2, 1990)

The notice of violation described in section 8.24.066 of this chapter shall run with the land. If a violation remains uncorrected, the city, at its sole option, may record a notice of violation with the Bannock County recorder and thereby cause compliance by an entity thereafter acquiring such property. The nonfiling of any notice of violation shall in no way affect the validity of such notice as to the entities so notified. When the property is brought into compliance by the owner, occupant or lessee, a satisfaction of notice of violation shall be filed. (Ord. 346 § 2, 1990)

The mayor or his designee may grant a minor variance to this chapter when there exists an unusual or unreasonable hardship resulting from a literal interpretation of this chapter; provided, that the method of work or repair offered conforms to the intent of this chapter. (Ord. 333 § 1, 1990)

Failure of a person entitled to appeal under this code to timely request an appeal with the city council pursuant to section 8.24.066 of this chapter shall constitute a waiver of the right to a hearing before the city council or a court of competent jurisdiction and such person shall be estopped to deny the validity of any order or action of the city which could have been timely appealed. (Ord. 346 § 2, 1990)

A. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the city existing on the effective date hereof, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

B. It is not intended by this chapter, to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenant, deed or other private agreement.

C. In cases where two (2) or more provisions of this chapter disagree, the most stringent or restrictive shall prevail. (Ord. 333 § 1, 1990)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable. (Ord. 333 § 1, 1990)