Loading...
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 RESOLUTION - Page 1 dsc chbbck07.195 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 RESOLUTION - Page 2 dsc chbbck07.195 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