HomeMy WebLinkAbout0288 Weed Abatement 1986CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 288
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING
SECTION 8.04.030 OF THE CHUBBUCK MUNICIPAL CODE; ADDING A NEW
SECTION 8.04.030 PROVIDING FOR THE ABATEMENT OF VIOLATIONS OF
THE WEED CONTROL PROVISIONS OF CHAPTER 8.04 AND PROVIDING FOR
THE ASSESSMENT OF THE COST OF SUCH ABATEMENT AGAINST THE
PREMISES WHEREON THE WEEDS ARE SITUATED; 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. Abatement of Violations of ~hapter 8.04 of the
Chubbuck Municipal Code. Section 8.04.030 of the Chubbuck
Municipal Code is hereby repealed in its entirety. There is
hereby added to the Chubbuck Municipal Code a new Section
8.04.030, 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 of 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 to the owners or occupants of
such premises, describing with particularity the property in
question, 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. Before the
specified period has expired, 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 no~tice
shall be tolled during the pendency of the appeal. If no
appeal is filed or if the city council confirms the decision
of the clerk, chief of police or their designee that said
weeds constitute a violation of this Chapter, 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
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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 $150.00 as reimbursement of
the City's administrative cost in enforcing the provisions of
this Chapter and removing the weeds from the premises.
Section 2. 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 3. 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 4. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a 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
26th day of AUGUST ,
OF CHUBBUCK, IDAHO, this
1986.
~4AYOR
ATTEST:
CITY CLERK
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