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HomeMy WebLinkAbout0724 Amending Section 8.24.066 City CodeCITY OF CHUBBUCK, IDAHO ORDINANCE NO. %a AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 8.24.066 OF THE CHUBBUCK MUNICIPAL CODE TO REQUIRE POSTING OF A VIOLATION OF CHAPTER 8.24 ON THE PREMISES PRIOR TO THE CITY UNDERTAKING ABATEMENT OR MITIGATION; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 8.24 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Section 8.24.066. Section 8.24.066 of the Chubbuck Municipal Code is amended as follows: 8.24.066: NOTICE OF VIOLATION AND RIGHT TO APPEAL: A. If, after an inspection, and a warning letter, if provided, the city finds one or more violations of this chapter 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 8.24.064 of this chapter 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. Prior to the city undertaking mitigation or abatement, A 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 (10) 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 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the matter at its next regularly scheduled meeting, and the council shall decide whether the notice should be modified, withdrawn, or enforced as written. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 8.24 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Ordinance - Page 1 chubbuck 090413 Ord nuisance abatement.wpd 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 104 day of ko�4m , 2013 t en M. England, M r ATTEST: Richard Morgoi, City Clerk Ordinance - Page 2 chubbuck 090413 ord nuisance abatement.wpd 1%1� 11%.� SUMMARY OF ORDINANCE NO. An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending section 8.24.066 of the Chubbuck Municipal Code to require posting of a violation of chapter 8.24 on the premises prior to the city undertaking abatement or mitigation providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 8.24 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of , 2013. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. _- Page 1 chubbuck 090413 sum ord nui abate.wpd