HomeMy WebLinkAbout0152 Subdivision Enforcement 1975ORDINANCE NO. 152
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
ORDINANCE NO. 97 OF THE CITY OF CHUBBUCK, IDAHO, BY
REPEALING C~ER ~ THEREOF IN ITS ENTIRETY AND ENACTING
IN SUBSTITUTION THEREFOR~ ~'. NEW CHAPTER 6 ENTITLED
"ENFORCEMENT" AND CONTAINING PARTICULAR SECTIONS RELATING
TO RECORDING OF THE PLATS, SALE OF LAND IN SUBDIVISIONS,
LOCATION OF STRUCTURES OR IMPROVEMENTS, ISSUANCE OF
PERMITS AND PROVISION OF MUNICIPAL SERVICES OR PUBLIC
IMPROVEMENTS, AND IMPOSITION OF CRIMINAL PENALTIES;
PROVIDING FOR SEVERABILITY OF THE SECTIONS OF CHAPTER 6
AS AMENDED; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Repeal. Ordinance No. 97 of the City of
Chubbuck, Idaho, passed and approved on the 22nd day of
June, 1971, is hereby amended by repealing in its entirety
Chapter 6 thereof relating to penalties.
SECTION 2: Enactment in Substitution. Ordinance No.
97 of the City of Chubbuck, Idaho, passed and approved the
22nd day of June, 1971, is hereby further amended by enacting
in substitution for the portion repealed above a new Chapter
6 as follows:
· o Z
CHAPTER 6
ENFORCEMENT
SECTION 1: Recordiqg of Plats.
No plat of any subdivision shall be recorded, nor shall
such recording be valid, until the plat has received
final approval in the manner prescribed by this ordinance.
If an unapproved plat is recorded, or if a subdivision
subsequently is not developed in compliance with the
specifications contained in a finally approved plat,
the city may institute proceedings to have the plat
stricken from the records maintained by the Bannock
County Recorder.
SECTION 2: Sale of Land in Subdivision.
No owner, or agent of the owner, of any land located
within a subdivision shall transfer or sell any such
land by reference to, in exhibition of, or by use of a
plan or plat of a subdivision before such plan or plat
has been finally approved and recorded in the manner
prescribed by this ordinance. Any sale or transfer
contrary to the provisions of this section is voidable
within one year at the option of the buyer. The d~scription
of the land in question by metes and bounds in the
instrument(s) used in the process of selling, or transferring
shall not exempt the transaction from provisions of th~s
section.
SECTION 3: Location of Structures and Improvements.
No building, structure or improvement of any type shall
be erected or caused to be placed upon subdivided
lands, except as elsewhere authorized in this ordinance,
before the plat of the subdivision has been finally
approved and recorded in the manner prescribed by this
ordinance.
SECTION 4: p~rmits, Municipal Services and Public
-~Improvements.
The city will not issue permits to erect, repair or
remove buildings or other structures of any type in or
upon subdivided lands, nor will the city maintain
streets or furnish water, sewer and sanitation services
to subdivisions which have not been finally approved
and recorded in the manner prescribed by. this ordinance.
SECTION 5: Criminal Penalties.
The violation of any of the terms or provisions of this
ordinance shall be a misdemeanor, punishable upon
conviction by a fine not exceeding THREE HUNDRED DOLLARS
($300.00) or by incarceration for a period not exceeding
ninety (90) days, or by both such fine and incarceration.
Each day that a violation is permitted to exist may
constitute a separate offense.
SECTION 3: Severability. If any section, paragraph,
clause or provision of this ordinance is held invalid by any
court of comP~ent jurisdiction, for any reason, such holding
shall not affect the validity or enforceability of any of
the remaining provisions.
SECTION 4: Effective Date. This ordinance shall
become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE ~AYOR of the
City of Chubbuck, Idaho, this
1975.
ATTEST:
City' C'lerk
2~ %h day of June ,