HomeMy WebLinkAbout1989-005 Nuisance 4600 Hiline #104CITY OF CHUBBUCK, IDAHO
RESOLUTION NO. #5-89
A RESOLUTION OF THE CITY OF CHUBBUCK, IDAHO,
AUTHORIZING THE MAYOR TO CAUSE MATERIAL CONSTITUTING A
NUISANCE LOCATED ON PROPERTY WITHIN THE CITY OF
CHUBBUCK TO BE REMOVED, WITH THE COST OF SUCH REMOVAL
TO BE LEVIED AS A SPECIAL ASSESSMENT AGAINST THE
PROPERTY WHEREON THE NUISANCES ARE SITUATION.
WHEREAS, Sections 8.16.020, 8.16.030 and 9.12.010 of the
Chubbuck Municipal Code enumerates general nuisances;
WHEREAS, Section 9.12.020 of the Chubbuck Municipal Code
requests that owners of privately owned properties abate
nuisances existing on their premises and authorizes the Mayor,
any member of the police department or any officer of the City
designated by the Mayor to cause notice to be issued by certified
mail to the owners of such premises, describing the property in
question, requiring the nuisances to be removed, and advising
that the nuisances must be removed, abated or destroyed within a
specified time period of not less than ten (10) days;
WHEREAS, the nuisances in violation of Chapters 8.16.020,
8.16.030 and 9.12 of the Chubbuck Municipal Code are contained on
the real property described on Exhibit "A" hereto;
WHEREAS, the owner of the property described on Exhibit "A"
hereto has been properly served with a notice which complies with
the provisions of Section 9.12.020, a copy of which notice is
attached hereto as Exhibit "A"; and
WHEREAS, the owner of the real property described on Exhibit
"A" has not removed, abated or destroyed the nuisances within the
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time period specified in the notice served and has not filed a
written appeal with the City Council as provided for in Section
9.12.020 of the Chubbuck Municipal Code.
NOW, THEREFORE, be it resolved by the City Council of the
City of Chubbuck that the Mayor of said city is hereby authorized
to cause the nuisances on the property described on Exhibit "A"
hereto to be removed by employees of the city or by others whom
the Mayor shall designate.
BE IT FURTHER RESOLVED, that the City shall obtain
reimbursement of the cost of removing said nuisances by causing a
special assessment to be levied against the real property
described on Exhibit "A" hereto, pursuant to Idaho Code § 50-
1008.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, THIS _~ DAY OF AUGUST , 1989.
ATTEST:
CLERK
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LAMONT JONES
CRAIG W. CHRISTENSEN
CRAIG R. JORGENSEN
JACK H. ROBiSON
THOMAS J. HOLMES
JESSE C. ROBISON
~W OFFICES
JONES, CHRISTENSEN, JORGENSEN, ROBISON,
HOLMES and ROBISON, Cha~ered
~ SOUTH MAIN. SUI~ H
~CATELLO. IDAHO
KELLY KUMM
P.O. BOX 1641
TELEPHONE: (208! 232-4551
July 19, 1989
Mr. R. Jay Henderson
13486 N. Moonglow
Chubbuck, Idaho 83202
RE: Mobile Home Located at 4600 Hiline #104
Dear Mr. Henderson:
Pursuant to Chubbuck Code 9.12.020, you are hereby notified
by me, at the direction of the mayor of the City of Chubbuck,
that you are to remove and abate the following nuisance on or
before August 7, 1989:
On property described as 4600 Hiline, space 102 in the
Briarwood Trailer Court, you are to remove or abate the
nuisance created by the vacant, open mobile home trailer by
removing it from the lot.
You may, within 10 days following the posting and mailing of
this notice, submit a written request for review of this matter
by the Chubbuck City Council.
If such request is submitted, the City Council will consider
it at its next regularly scheduled meeting.
If you do not request such a review and further do not
comply with this directive to abate, remove or destroy the above
nuisance, the City of Chubbuck may direct its employees or its
contractors or agents to go upon the premises in question and
remove, abate or destroy the above nuisance. In that event the
City is entitled to recover its expenses by civil action
including costs and reasonable attorney fees. Additionally,
these expenses may be certified by the City Clerk and transmitted
Mr. R. Jay Henderson
July 19, 1989
Page 2
to the County Treasurer to become a lien against the above-
described real estate. ~
Sincerely~,i~
Chubbuck ~i_ty Attorney
TJH/dsc
chbbck 07.192
cc: Officer Jim Phelps
Mayor John O. Cotant