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CITY OF CHUBBUCK, IDAHO <br />ORDINANCE NO. 355 <br /> <br />AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING <br />CHAPTER 8.04 OF THE CHUBBUCK MUNICIPAL CODE TO CLARIFY THE <br />AUTHORITY OF CITY STAFF TO REMOVE WEEDS; TO ALLOW FOR <br />SUCCESSIVE REMOVAL OF WEEDS IN ONE NOTICE; REPEALING PRIOR <br />CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF <br />THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER <br />SECTIONS AND PROVISIONS OF CHAPTER 8.04 NOT HEREIN AMENDED <br />SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN <br />THIS ORDINANCE SHALL BECOME EFFECTIVE. <br /> <br /> BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF <br />CHUBBUCK, IDAHO: <br /> <br /> Section 1. Intent. The control of weeds within the City <br />of Chubbuck is an ongoing problem. Under the present ordinance, <br />it is necessary to give a notice to property owners each time it <br />is necessary to cut the weeds. Because of the time constraints <br />of doing this, particularly in areas where the weeds have <br />adequate moisture, the weeds are not kept cut in a timely manner. <br />It would facilitate weed control within the City of Chubbuck if <br />the City staff had the ability to send one notice with multiple <br />dates upon which weeds needed to be cut or they would be cut by <br />the City. Additionally, City staff, under the existing <br />ordinance, must technically seek a resolution from the City <br />Council before having weeds cut. The city believes that is an <br />unnecessary step in the process since the property owners and <br />occupants do have an appeal right. The following change in the <br />weed ordinance accommodates the foregoing two concerns but still <br />preserves the rights of the owners and occupants of real property <br />to protest decisions by the City to cut their weeds. <br /> <br /> 2. Amendment of Chapter 8.04. Chapter 8.04 of the <br />Chubbuck Municipal Code is amended to read as follows: <br /> <br /> 8.04.030 Abatement. The owners and occupants of <br />privately owned real properties shall destroy any weeds <br />existing on their premises. The manner of destruction shall <br />not endanger or infringe upon the full use and enjoyment of <br />adjoining properties and structures. All residual weed <br />material shall be safely removed from the premises. The <br />City Clerk, Chief of Police or their designee may cause <br />notice to be issued by certified mail or by personal service <br />to the owners or occupants of such premises, describing with <br />particularity the property in questions, stating the weeds <br />thereon to be a nuisance, and advising that the weeds must <br />be destroyed within a specified time period of not less than <br />seven days. The notice may designate a maximum of three (3) <br />specific dates by which the weeds need to be cut. If <br /> <br />Ordinance - Page 1 <br />dsc chbbck05.246 <br /> <br /> <br />