Forced Cleanup Ok, But City Must Prove It’s Junk

The Idaho Supreme Court upheld the right of a city to control litter and nuisances within its boundaries on Monday but said city officials must defend their actions against legal challenges.

“In making the determination that certain items are litter or trash that should be removed from private property, the city runs the risk of being sued for taking property of value from the property owner,” Chief Justice Linda Copple Trout wrote for the unanimous court.

The decision came in the claim of William Roell that the city of Boise illegally removed items from his South Garden Street yard in 1993.

For two years, city officials had been citing Roell for violating the zoning, housing and litter ordinances by storing vehicles, motorcycles, boats, bicycles, lawn mowers construction material and what they called other debris in the yard.

Roell, who spent much of his time in California and the rest at the Garden Street house, did nothing.

Finally, city officials decided to have the offensive material removed, notified Roell of that fact and hired a contractor to do the work. The contractor left all titled vehicles, motorcycles, boats and several lawn mowers. But he removed lawn mowers that were in pieces, bicycle parts, bike tires, construction materials and 60 car tires.

Roell challenged the action, claiming the property had value and he intended to use it. But the city convinced District Judge Robert Rowett that it had the authority to remove the debris and the challenge should be dismissed.

But the high court reinstated Roell’s legal action, holding that there was a legitimate question over whether the material had value that could only be settled by a court.