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§ 12-1 TITLE 10 — POLICE REGULATIONS § 12-4 Chapter 12 NOXIOUS WEEDS Sec. 12-1: Definitions Sec. 12-2: Removal of Weeds, Public Nuisance Declared Sec. 12-3: Removal Continuous Sec. 12-4: City May Remove; Cost Collected Sec. 12-5: Penalty Sec. 12-6: Separate Offense Sec. 12-7: Labor Authorized Sec. 12-1. Definitions Noxious Weed(s). Any plant having the potential to cause injury to public health, crops, livestock, land or other property, and which is designated as noxious by the Idaho Department of Agriculture or by Latah County pursuant to Idaho Code Title 22, Chapter 24. (Ord. 2010-20, 09/07/2010) Sec. 12-2. Removal of Weeds, Public Nuisance Declared. A. Every person residing or doing business within the corporate limits of the City, either as owner, tenant, lessee or merely as occupant of any real property within such corporate limits of the City, shall at all times and continuously, after being given five days' notice, destroy, cut down, weed out, and obliterate all noxious weeds existing on such real property and also such person shall keep continuously cut down, weeded out, destroyed and obliterated, all noxious weeds from and off all that part or portion of said real property that is between the property line of real property, so owned, used or occupied by such person, and the street curb line of any street or alley immediately adjacent or contiguous to such real property; being the sidewalk ground, as well as the parking ground fronting, adjacent or contiguous to any such real property. B. All noxious weeds are hereby declared a public nuisance and are prohibited within the City. Ref. Idaho Code § 22-2401 et seq. (Ord. 2010-20, 09/07/2010) Sec. 12-3. Removal Continuous. All noxious weeds within the corporate limits of the City shall, at all times continuously be kept weeded out, cut down, obliterated and destroyed. (Ord. 2010-20, 09/07/2010) Sec. 12-4. City May Remove; Cost Collected. A. Every person owning or occupying real property situated within said corporate limits of the City shall, after the notice as provided in Code Section 10-12-2 of this Chapter, keep continuously destroyed, weeded out, cut down and obliterated all noxious weeds in or on any and all such real property so owned or occupied by such person, in the manner prescribed by and in accordance with the provisions of Code Section 10-12-2 of this Chapter, and in the event that such noxious weeds are not so continuously destroyed, weeded out, cut down and obliterated, the City may cause such noxious weeds to be cut down, weeded out and destroyed and the costs and charges, plus a nuisance abatement fee to be set by Resolution of the Council duly adopted, shall be collected from the owner, tenant, lessee or occupant of said real property. B. Such costs and expenses shall be collected directly by the City from the owner, tenant, lessee or occupant, or shall be collected from the owner or reputed owner of the real property by action in the name of the City before any court of competent jurisdiction as is provided by law; and said judgment therefor shall be levied directly against the real estate involved or any other property belonging to any of said parties, or in the discretion of the ---PAGE BREAK--- § 12-4 TITLE 10 — POLICE REGULATIONS § 12-7 Council, when notice has been given to the owner or reputed owner of the real property, shall require the City to keep an accurate account of the costs and expenses for destroying, cutting down, weeding out or obliterating and shall make a return of the same to the Council before passage of the annual appropriation bill and levy of taxes for such year. The City shall, at the time of levying the taxes for general City purposes for the following year, levy the amount of such costs and expenses made hereunder and then unpaid, to the real property where said costs and expenses were incurred as a special tax against said real property, and the special assessments shall be certified to the County Auditor, and the same shall be levied and collected in all respects like any other City taxes upon real estate. No real property shall be exempt from the payment of such special tax. (Ord. 2010-20, 09/07/2010) Sec. 12-5. Penalty. Any person owning or occupying any real property within such corporate limits of the City who shall fail, refuse or neglect to continuously keep weeded out, cut down, obliterated or destroyed all noxious weeds in the manner prescribed and according to the provisions of this Chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished pursuant to this Code and the Idaho Code. (Ord. 2000-20, 09/18/2000; Ord. 2010-20, 09/07/2010) Sec. 12-6. Separate Offense. After five days’ notice, each and every five days any such person shall fail, refuse or neglect to comply with the provisions of this Chapter, shall constitute a separate and distinct offense, and each of such separate offenses shall be punishable as provided in this Code and the Idaho Code. Sec. 12-7. Labor Authorized. The City is hereby given the power and authority to employ such labor as is necessary to carry out the provisions of this Chapter and to collect the expense incurred thereby. Ref. Idaho Code § 22-2401 et seq. (Ord. 2010-20, 09/07/2010)