HomeMy WebLinkAbout0355 Weed Control and Abatement 1991CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 355
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHAPTER 8.04 OF THE CHUBBUCK MUNICIPAL CODE TO CLARIFY THE
AUTHORITY OF CITY STAFF TO REMOVE WEEDS; TO ALLOW FOR
SUCCESSIVE REMOVAL OF WEEDS IN ONE NOTICE; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER
SECTIONS AND PROVISIONS OF CHAPTER 8.04 NOT HEREIN AMENDED
SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN
THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. The control of weeds within the City
of Chubbuck is an ongoing problem. Under the present ordinance,
it is necessary to give a notice to property owners each time it
is necessary to cut the weeds. Because of the time constraints
of doing this, particularly in areas where the weeds have
adequate moisture, the weeds are not kept cut in a timely manner.
It would facilitate weed control within the City of Chubbuck if
the City staff had the ability to send one notice with multiple
dates upon which weeds needed to be cut or they would be cut by
the City. Additionally, City staff, under the existing
ordinance, must technically seek a resolution from the City
Council before having weeds cut. The city believes that is an
unnecessary step in the process since the property owners and
occupants do have an appeal right. The following change in the
weed ordinance accommodates the foregoing two concerns but still
preserves the rights of the owners and occupants of real property
to protest decisions by the City to cut their weeds.
2. Amendment of Chapter 8.04. Chapter 8.04 of the
Chubbuck Municipal Code is amended to read as follows:
8.04.030 Abatement. The owners and occupants of
privately owned real properties shall destroy any weeds
existing on their premises. The manner of destruction shall
not endanger or infringe upon the full use and enjoyment of
adjoining properties and structures. All residual weed
material shall be safely removed from the premises. The
City Clerk, Chief of Police or their designee may cause
notice to be issued by certified mail or by personal service
to the owners or occupants of such premises, describing with
particularity the property in questions, stating the weeds
thereon to be a nuisance, and advising that the weeds must
be destroyed within a specified time period of not less than
seven days. The notice may designate a maximum of three (3)
specific dates by which the weeds need to be cut. If
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multiple dates are given in the notice, the appeal riaht
shall run from the date the notice is received. ~
.... ~A~ ~A--~A~ ~ ...... ~--~ Within seven (7) days of
receipt of the notice, each owner or occupant so notified
may file with the City Clerk a written appeal, which shall
be decided by the City Council at its next regular meeting.
The time period specified in the notice shall be tolled
during the pendency of the appeal. If no appeal is filed or
"~ ~-- ~ ~- ~ ~ the Mayor may cause the weeds
to be removed by employees of the City or by others whom the
Mayor shall designate. The City may obtain reimbursement of
the resultant costs by causing a special assessment to be
levied against the premises whereon the weeds are situated,
in accordance with the provisions of Section 50-1008 of the
Idaho Code. Such assessment shall include, in addition to
the costs of physically removing the weeds from the
premises, a fee of one hundred fifty dollars as
reimbursement of the City's administrative cost in enforcing
the provisions of this chapter and removing the weeds from
the premises.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict. All other sections and
provisions of Chapter 8.04 not herein amended shall remain in
full force and effect.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
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reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this
ATTEST:
CITY CLERK
25thday of JUNE
, 1991.
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