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0346 Property Maintenance 1990CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 346 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR TECHNICAL CORRECTIONS TO ORDINANCE NO. 333 WHICH ADDED CHAPTER 8.24 "PROPERTY MAINTENANCE" TO THE CHUBBUCK MUNICIPAL CODE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.24 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. This ordinance corrects numerical cross references in Ordinance No. 333. Section 2. Correction. The following corrections are made to Chapter 8.24, as enacted by Ordinance No. 333: 8.2--420.060 Authority to Enforce Standards. The Mayor or his designee shall be responsible for the enforcement of the provisions of this ordinance. 8.2420.062 Authority and Inspections. A. The Mayor or his designee, upon receipt of a complaint from any person, is authorized and directed to make inspections of property, to determine compliance with this Ordinance. B. Unscreened exterior areas may be inspected at any time with or without the involvement of the owner or occupant in accordance with legal requirements governing administrative inspections of private property. C. Screened exterior areas shall be inspected only during the normal business hours of the City unless otherwise arranged, and only upon invitation or with the concurrence of the occupant ORDINANCE - Page 1 dsc chbbck10.042 or when ordered by a court when probable cause exists to believe that conditions may be detrimental to health and safety. D. Except in cases of alleged imminent hazards, if the occupant is not the owner of the premises or dwelling unit to be inspected. The Mayor or his designee shall provide reasonable notice in writing or by telephone to the owner or Designated Agent as to the time and place of inspection. The owner or Designated Agent may be present for the inspection if the occupant concurs. The convenience of the owner or Designated Agent shall not require the rescheduling of the inspection. 8.24~.064 Notification Procedures. A. Warninq Letter. 1. If, after an inspection, the City finds one or more violations of this Ordinance based on a complaint, the City should, in writing, notify the owner or Designated Agent. The City should issue a warning letter providing 15 to 30 days to correct the violation prior to a Notice of Violation being sent, except that in the case of an imminent hazard the City shall proceed i~,-umediately with the Notice of Violation. 2. The warning letter shall contain the following information: a. b. Identification of property in violation. Statement of violations in sufficient detail to allow a responsible party to identify and correct the problem. ORDINANCE - Page 2 dsc chbbck10.042 c. Reinspection date and time. d. Name, address and phone number of a City representative to contact. 3. The Warning Letter is issued as a courtesy to property owners and shall not be construed as a legal requirement. The intent of this section is to allow the City, at its discretion, to use first class U.S. Postal Service for the warning letter and to use certified mail for Notices of Violation. 8.2--420.066. Notice of Violation and Riqht to Appeal. A. If, after an inspection, and a warning letter if provided, the City finds one or more violations of this Ordinance based on a complaint, the City shall, in writing, notify the owner or the Designated Agent. If the property in violation is not owner occupied and it contains imminent hazards, the City must also notify occupants of the imminent hazards. B. The Notice of Violation shall include the same information as required in Section 8.2__420.64 and further giving the owner, Designated Agent and/or occupants not less than ten (10) days to remove, abate or destroy the condition causing the violation. A copy of said notice shall be posted in a prominent place upon premises at or near the location where the nuisance exists. Such notice shall further state that any one of the responsible parties may, within ten days following mailing, appeal the matter by submitting a written request for review by the city council. If such request is submitted, the city council ORDINANCE - Page 3 dsc chbbck10.042 shall conduct a hearing upon the matter at its next regularly scheduled meeting, and the council shall decide whether the notice should be modified, withdrawn, or enforced as written. 8.2__420.68 Service of Notices. Any notice permitted or required to be given for any purpose under this Ordinance shall be deemed effective on the date when written notice is hand delivered, or deposited in the United States mail or sent certified mail, addressed to the property owner or his Designated Agent. Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the City does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situations. 8.2420.080 Recording a Violation. The notice of violation described in 8.2420.066 shall run with the land. If a violation remains uncorrected, the city, at its sole option, may record a notice of violation with the Bannock County Recorder and thereby cause compliance by an entity thereafter acquiring such property. The non-filing of any notice of violation shall in no way affect the validity of such notice as to the entities so notified. When the property is brought into compliance by the owner, occupant or lessee, a satisfaction of notice of violation shall be filed. ORDINANCE - Page 4 dsc chbbck10.042 8.2--420.070 Violations and Penalties. A. Any owner, occupant, lessor, lessee, manager, or other person having lawful control over a structure or parcel of land who causes, permits, facilitates, or aids or abets any violation of any provision of this Ordinance or who fails to perform any act or duty required by this Ordinance or who permits a lessee or a tenant to violate this ordinance shall be guilty of a misdemeanor. Each day any violation of any provision of this Ordinance or the failure to perform any act or duty required by this Ordinance exists shall constitute a separate violation. B. The owner of record, as recorded in the records of Bannock County, of the property upon which a violation of this Ordinance exists shall be presumed to ~be the person having lawful control over a structure or parcel of land. If more than one person shall be recorded as the owner of the property, said persons shall be jointly and severally presumed to be persons having lawful control over a structure or parcel of land. This presumption shall not prevent enforcement of the provisions of this Ordinance against any person specified in subsection A of this section. C. It shall not be a defense for an owner of record to plead that any act or omission made punishable by this Ordinance was at the time the violation occurred within the control of a lessee or tenant pursuant to a lease or rental agreement. D. Prosecution of an offense, under this section, shall not preclude the city from seeking a civil remedy as provided in 8.2420.07_~4 for failure to comply with this chapter. ORDINANCE - Page 5 dsc chbbck10.042 8.2__420.072 Enforcement Independent of Other Officials. The authority of the City to enforce the provisions of this Title is independent of and in addition to the authority of other City officials to enforce the provisions of any other Title of the City Code. 8.24Aq).074 Civil Remedies. The City may commence injunctive proceedings against any persons, corporations, firms, associations, or other entities engaging in activities prohibited by this chapter. In such proceedings, the City shall request and the court may award the City its costs, as determined by court rule, together with a reasonable attorney's fees and such other or further relief including judgment for site clearing expenses, as the court may deem just. 8.2--420.078 Other Abatement. A. If the property owner or other person served a notice or order by the City pursuant to this Ordinance fails to comply with such notice of order, the council may adopt a resolution finding that a violation of this Chapter exists, that there has been a failure of compliance with a notice to remove, abate, or destroy the problem and that action by the City is required to protect the public health, safety, and welfare in the area affected. Following adoption of such a resolution, the mayor may direct that employees of the City, or the City's contractors or agents, go upon the premises in question and remove, abate, or ORDINANCE - Page 6 dsc chbbck10.042 destroy the problem. The City shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney's fee. The expense may also be certified to the city clerk and transmitted to the county treasurer, and be collected by special assessment upon the property to the extent provided by law. If the certificate is recorded at the office of the county recorder, it shall become a lien against the property to the extent provided by law. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflictinq 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. All other sections and provisions of Chapter 8.24 not herein amended shall remain in full force and effect. 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. ORDINANCE - Page 7 dsc chbbck10.042 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13th day of November, 1990. ~AYOR ATTEST: CITY CLERK ORDINANCE - Page 8 dsc chbbck10.042