HomeMy WebLinkAbout0143 Weed Control 1975 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DECLARING
WEEDS LOCATED WITHIN THE CORPOP~TE LIMITS OF THE CITY
OF CHUBBUCK TO BE A NUISANCE; DEFINING "WEEDS" FOR THE
PREMISES AND AUTHORIZING SUCH DESTRUCTION BY THE CITY,
UPON DUE NOTICE, AT OWNER'S EXPENSE; MAKING WILLFUL
FAILURE TO DESTROY WEEDS, FOLLOWING DUE NOTICE, A
MISDEMEANOR; PROTECTING THE REMAINING PROVISIONS OF
THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID;
REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS
ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
SECTION 1. In order to secure the health and welfare of the
inhabitants of the City of Chubbuck, the City, exercising the
· power granted by Idaho Code S 50-334, does hereby declare the
existence of weeds, as herein defined, a nuisance.
SECTION 2. For the purpose of this Ordinance, the word
"weeds" shall mean all rank vegetable growth of no commercial value,
rising more than one foot above the ground, which emits unpleasant
and noxious odors, which conceals animal waste or other unsanitary
substances in quantities representing a hazard to health, or which
Iconstitutes an imminent fire hazard under arid conditions.
SECTION 3. 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 or Chief of Police may cause notice to be issued
iiby certified mail to the owners or occupants of such premises,
describing wi~hparticularity 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
ithan 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 notice
shall be tolled during the pendency of the appeal. If no appeal
is filed or if the appeal is denied, and the weelds in question
still exist upon expiration of the specified time period, the
City Council may authorize the Mayor by resolution to cause the
weeds to be removed by employees of the City or by others whom
the M~yor 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 were situated.
SECTION 4. The willful failure by any owner or occupant of
premises upon which weeds are located, to destroy the same upon
receiving due notice as provided herein, shall be unlawful and
punishable as a misdemeanor. Each day that such violation continues
shall be deemed to be a separate offense. Prosecution of such
an offense may be separate from and in addition to the exercise
by the City of its power to abate the nuisance as provided above.
SECTION 5o If any section, paragraph, clause or provision
of this ordinance should be held invalid by any court of com-
petent jurisdiction, for any reason, such holding shall not
affect the validity or enforceability of any of the remaining
provisions herein.
SECTION 6° All prior ordinances and parts thereof, which
conflict with the provisions of this ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7. This ordinance shall become effective upon its
approval and publication as provided by lawo
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Idaho, this .... ~? ~day of
PASSED BY THE MAYOR AND COUNCIL of the City of Chubbuck,
ATTEST:
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City Clerk
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