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HomeMy WebLinkAbout07 04 1991 Ord. 355PROOF OF PUBLICATION STATE OF IDAHO ss. County of Bannock CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 8.04 OF THE CHUBBUCK MUNICIPAL CODE TO CLARIFY THE AUTHORITY OF CITY STAFF TO RE- MOVE WEEDS; TO ALLOW FOR SUC- CESSIVE REMOVAL OF WEEDS IN ONE NOTICE; REPEALING PRIOR CONFLICTING ORDINANCES; PRO- VIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDI- NANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.04 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PRO- VIDING WHEN THIS ORDINANCE , SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. The control of weeds within the City of Chubbuck is an ongo- ing problem. Under the present ordi- nance, It is necessary to give a notice to property owners each time it Is nec- essary to cut the weeds. Because of the time constraints of doing this, par- ticularly in areas where the weeds have adequate moisture, the weeds are not kept cut in a timely manner. It would facilitate weed control within the City of Chubbuck if the City staff had the ability to send one notice with multiple dates upon which weeds needed to be cut or they would be cut by the City. Addition- ally, City staff, under the existing ordi- nance, must technically seek a resolu- tion from the City Council before having weeds cut. The City believes that is an unnecessary step in the process since the property owners and occupants do have an appeal right. The following change in the weed ordinance accom- modates the foregoing two concerns but still preserves the rights of the owners and occupants of real property to pro- test decisions by the City to cut their weeds. 2. Amendment of Chapter 8.04. Chapter 8.04 of the Chubbuck Municipal Code is amended to read as follows: 8.04.030 Abatement. The owners and occupants of privately owned real prop- erties shall destroy any weeds existing on their premises. The manner of de- struction shalt not endanger or infringe upon the full use and enjoyment of ad- joining properties and structures. All re- sidual weed material shall be safely re- moved from the premises. The City Clerk, Chief of Police or their designee may cause notice to be issued by cert€- fied mail or by personal service to the owners or occupants of such premises, describing with particularity the property in questions, stating the weeds thereon to be a nuisance, and advising that the weeds must be destroyed within a specified time period of not less than seven days. The notice may designate a maximum of three (3) specific dates by which the weeds need to be cut. If multiple dates are given In the notice, the appeal right shall run from the date the notice is received. Within seven (T) days of receipt of the notice, each owner or occupant so notified may file with the City clerk a written appeal, which shat[ be decided by the City Council at its next regular meeting. The Erin E. Jones 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: 4 Jules_ 1981 _.._-- , 19 19 19— , 19 , 19 - .._ 19. 19 19_... 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. STATE of IDAHO COUM of Bannock on this . 41b day of Jury in the year of 1991 , before me, a notary Public, personally appeared Erin E. Jones kanrn or Identified to an to bo the person whose name subscribed to the within imstruaent, and being b7 on first duly sworn, declared that the statesmcats therein are true, and acknowledged to we that he executed the sane. / Notar ublic for I e Residing at my comission expires: I