HomeMy WebLinkAbout07 04 1991 Ord. 355PROOF OF PUBLICATION
STATE OF IDAHO
ss.
County of Bannock
CITY 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 RE-
MOVE WEEDS; TO ALLOW FOR SUC-
CESSIVE REMOVAL OF WEEDS IN
ONE NOTICE; REPEALING PRIOR
CONFLICTING ORDINANCES; PRO-
VIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDI-
NANCE; PROVIDING THAT ALL
OTHER SECTIONS AND PROVISIONS
OF CHAPTER 8.04 NOT HEREIN
AMENDED SHALL REMAIN IN FULL
FORCE AND EFFECT; AND PRO-
VIDING 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 ongo-
ing problem. Under the present ordi-
nance, It is necessary to give a notice
to property owners each time it Is nec-
essary to cut the weeds. Because of
the time constraints of doing this, par-
ticularly 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. Addition-
ally, City staff, under the existing ordi-
nance, must technically seek a resolu-
tion 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 accom-
modates the foregoing two concerns but
still preserves the rights of the owners
and occupants of real property to pro-
test 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 prop-
erties shall destroy any weeds existing
on their premises. The manner of de-
struction shalt not endanger or infringe
upon the full use and enjoyment of ad-
joining properties and structures. All re-
sidual weed material shall be safely re-
moved from the premises. The City
Clerk, Chief of Police or their designee
may cause notice to be issued by cert€-
fied 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
multiple dates are given In the notice,
the appeal right shall run from the date
the notice is received. Within seven (T)
days of receipt of the notice, each
owner or occupant so notified may file
with the City clerk a written appeal,
which shat[ be decided by the City
Council at its next regular meeting. The
Erin E. Jones
being first duly sworn on oath deposes and says: That she
was at all times herein mentioned a citizen of the United States of Ameri-
ca, more than 21 years of age, and the Principal Clerk of THE IDAHO
STATE JOURNAL, a daily newspaper, printed and published at Pocatello,
Bannock County, Idaho, and having a general circulation therein.
That the document or notice, a true copy of which is attached, was
published in the said IDAHO STATE JOURNAL, on the following dates,
to -wit:
4 Jules_ 1981 _.._-- , 19
19
19—
, 19
, 19 - .._ 19.
19 19_...
That said paper has been continuously and uninterruptedly published
in said County for a period of seventy-eight weeks prior to the publication
of said notice or advertisement and is a newspaper within the meaning
of the laws of Idaho.
STATE of IDAHO
COUM of Bannock
on this . 41b day of Jury in the year of 1991 , before me,
a notary Public, personally appeared Erin E. Jones
kanrn or Identified to an to bo the person whose name subscribed to the within imstruaent,
and being b7 on first duly sworn, declared that the statesmcats therein are true, and
acknowledged to we that he executed the sane. /
Notar ublic for I e
Residing at
my comission expires: I