HomeMy WebLinkAbout09 08 1986 Ord. 288PROOF OF PUBLICATION
STATE OF IDAHO
ss.
County of Bannock
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 298
AN ORDINANCE OF THE CITY OF
CHUBBUCK, IDAHO, REPEALING SEC-
TION
EG
TION 8.04.030 OF THE CHUBBUCK MU
NICIPAL CODE; ADDING A NEW SEC
TION 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
CONFLfCTfNG ORDINANCES; PRO
VIDING FOR THE SEVERABILITY OF
TE PROVISIONS OF THIS ORDINAN-
CAE; PROVIDING THAT ALL OTHER
SECTIONS AND PROVISIONS OF
CHAPTER 8.04 NOT HEREIN AMEND-
ED SHALL REMAIN IN FULL FORCE
AND EFFECT,, AND PROVIDING
WHEN THIS ORDINANCE SHALL BE-
COME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
CHUBBUCK,iDAHO:
Section 1. Abatement of Violations of
Chapter 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Municipal Code is hereby repealed in its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
864.030, to read as follows:
8.04.030 Abatement. The owners and occu-
pants 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 adjoinging
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 speci-
fied time period of not less than seven
days. Before the specified period has
expired, each owner or occupant so noti-
fied may fife 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 foiled 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 Chap-
ter, the mayor may cause the weeds to be
removed by employee 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 prem-
ises whereon the weeds are situated, in
accordance with the provisions of Section
50 1068 of the Idaho Code. Such assess-
ment shall include, in addition to the
costs of physically removing the weeds
from the premises, a fee of 5150.00 as
reimbursement of the City's administra-
tive cost in enforcing the provisions of
this Chapter and removing the weeds
from the premises.
Section 2. Repeal of Conflicting Ordi-
nances. 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
9.04 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 juris-
diction, such holding shall not affect the
Sandra K. Herald
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:
Sept, 8 , 1986
9-
19-
19-
19—
1919-191919—
That
1-
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.
Subscribed and sworn to before me this
day of sept
1986
12th
Notary Public, State of Idaho
Residence: Pocatello, Idaho