HomeMy WebLinkAbout0401 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
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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
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