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0401 Erroneous Approvals 1993CITY OF CHUBBUCK, IDAHO ORDINANCE NO. #401 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 18.28.060 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE ERRONEOUS APPROVAL OF A PLAT OR ISSUANCE OF A BUILDING OR OCCUPANCY PERMIT DOES NOT WAIVE COMPLIANCE WITH THE LAND USE AND DEVELOPMENT PORTIONS OF THE CHUBBUCK MUNICIPAL CODE REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 18.28.060. The following Section 18.28.060 shall be added to the Chubbuck Municipal Code: 18.28.060 Erroneous approval not waiver of requirements. Should a plat, by inadvertence, be approved which shows on its face, or in any documents attached thereto or which are deemed to be a part thereof, that the subdivision does not comply in one or more respects with the requirements of this title or with the requirements of approved subdivision standards and specifications relating the quality, size, type, grade, distance or dimension, and no variation or exception thereto has been approved by the City Council, such plat approval shall not be deemed a waiver of such requirements, but on the contrary such requirements shall remain in full force and effect and shall be enforced by the building official. Any discrepancy between the preliminary plat, as approved, and the final plat which may not be noticed in inspection of the final plat and which is not approved by the city engineer and planning commission shall be the responsibility of the subdivider, and approval of the final plat in such case shall not be deemed a waiver of the requirements of this title or any standards or specification approved in connection herewith. Any building permit or occupancy permit issued in error or inadvertently without requiring compliance with any of the provisions of Title 15, 16, 17 or 18 of the Chubbuck Municipal Code shall not be deemed a waiver of such requirements, but on the contrary such requirements shall remain in full force and effect and shall be enforced by the building official. Ordinance - Page 1 saw chbbck04.164 ADMINISTRATIVE PROVISIONS Section 1. 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. Section 2. 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 3. 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 OF CHUBBUCK, IDAHO, this 28TH. day of SEPTE14BER , 1993. YOR ATTEST: al't, (� 'Ixfll� CITY CLERK Ordinance - Page 2 saw chbbck04.164