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0168 Arterial Thoroughfares 1976ORDINANCE NO. ] 68 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DECLARING AS A MATTER OF PUBLIC POLICY THE NEED TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY, AS WELL AS TO ENHANCE THE PUBLIC HEALTH AND WELFARE, ON CITY STREETS DEFINED HEREIN AS "ARTERIAL THOROUGHFARES"; REQUIRING OWNERS OF REAL PROPERTY ABUTTING ARTERIAL THOROUGHFARES TO INSTALL CURBS, GUTTERS AND SIDEWALKS PRIOR TO OR CONCURRENTLY WITH CONSTRUCTING IMPROVEMENTS ON SAID PROPERTIES; SPECIFYING STANDARDS FOR THE CURBS, GUTTERS AND SIDEWALKS TO BE INSTALLED; PROVIDING FOR INSPECTION OF CURBS, GUTTERS AND SIDEWALKS FOR COMPLIANCE WITH SAID STANDARDS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE BY DECLARING VIOLATIONS TO BE MISDEMEANORS AND BY AUTHORIZING THE CITY TO INSTALL AT THE OWNER'S EXPENSE CURBS, GUTTERS AND SIDEWALKS WHERE THE OWNER WRONGFULLY REFUSES OR FAILS TO DO SO; EXCEPTING FROM APPLICATION OF THIS ORDINANCE ALL REAL PROPERTIES FOR WHICH PLATS, PLANS OR BUILDING PERMITS ALREADY HAVE BEEN ISSUED; PROVIDING FOR VARIANCES FROM THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; 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: > o Z Z ~ - q 7 Section 1: Declaration of Policy. The mayor and council of the City of Chubbuck, Idaho, find and therefore declare as a matter of public policy that installation of curbs, gutters and sidewalks along city streets herein defined as "arterial thoroughfares" is essential to the promotion of traffic and pedestrian safety, and to the enhancement of public health and welfare, along side streets. "Arterial thoroughfares" as used in this declaration of policy and as elsewhere used in this ordinance shall mean Yellowstone Avenue, and other streets designated "arterial thoroughfares" by Ordinance No. 159 of the City of Chubbuck, Idaho, as now in effect or as it may hereafter be amended. Section 2: Installation of Curbs, Gutters and Sidewalks. The owner of any real property abutting an "arterial thoroughfare" who constructs any improvement requiring a building permit upon said property shall also install curb, gutter and sidewalk along that portion of the property which abuts the arterial thorough- fare. No proposed subdivision plat, trailer or mobile home park plan, or application for building permit shall be approved unless such plat, plan or application shows the manner in which the owner will comply with the requirements of this ordinance. The installation of curb, gutter and sidewalk shall be accomplished prior to or concurrently with the other improvement(s) on the property. Section 3: Standards. Ail curbs, gutters and sidewalks installed pursuant to the requirements of this ordinance shall meet the standards established for curbs, gutters and sidewalks in subdivisions as set forth in Ordinance No. 97 of the City of Chubbuck, Idaho, as now in effect or as it may hereafter be amended. Section 4: Inspection. Curbs, gutters and sidewalks installed pursuant to the requirements of this ordinance shall be inspected by the same city officer(s) authorized by law or by ordinance to inspect the other improvement(s) constructed on the property in question. Section 5: EnforCement. Violation of this ordinance by wrongful failure or refusal to install curbs, gutters or sidewalk as required herein, is hereby declared to be a misdemeanor. In addition, in the event of wrongful failure or refusal to comply with this ordinance, the city may, following 30 days' written notice posted on the premises in question or sent to the owner by certified mail at his last known address, install or cause to be installed the curbs, gutters and sidewalks required by this ordinance at the owner's expense. In such event, the city shall be entitled to obtain judgment for this expense, plus costs and a reasonable attorney's fee, in a court of competent jurisdiction. Section 6: Exceptions. This ordinance shall not apply to real properties for which plats, plans or building permits already have been approved; but it shall apply in the event of construction of future additional improvements to said prope~ti~ss for which a building permit is required. Section 7: Variances. The owner of any land abutting a street governed by this ordinance, the use of whose land is adversely affected by the provisions of this ordinance, may apply in writing for a variance from these provisions. Upon receipt of such an application, the city council shall conduct a public hearing no less than 15 days after published notice of the same in a newspaper of general circulation in the city, at the applicant's expense. The city council may grant the requested variance if the applicant makes a clear showing during the public hearing of substantial and unavoidable hardship, and if the city council further finds that the granting of such a variance would not substantially impair the health, safety and welfare objectives sought to be accomplished by the provisions of this ordinance. Section 8: Repeal. All prior ordinances and parts thereof which conflict and cannot be reconciled with the provisions of this ordinance are hereby repealed to the extent of such - 2 - irreconcilable conflict. Section 9: Severabilit~. If any section, paragraph, subparagraph, clause or 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 10: Effective Date. The rule requiring ordinances to be read on three separate days 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 22nd day of June 1976. ~yor ATTEST: City Clerk - 3 -