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0152 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passed and approved the 22nd day of June, 1971, is hereby further amended by enacting in substitution for the portion repealed above a new Chapter 6 as follows: · o Z CHAPTER 6 ENFORCEMENT SECTION 1: Recordiqg of Plats.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 ,