HomeMy WebLinkAbout1986-010 Nuisance/Weeds 115 W Chubbuck RdCITY OF CHUBBUCK, IDAHO
RESOLUTION NO. ~- %5I~
A RESOLUTION OF THE CITY CHUBBUCK, IDAHO, AUTHORIZING
THE MAYOR TO CAUSE WEEDS 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 WEEDS ARE SITUATED.
WHEREAS, Section 8.04.010 of the Chubbuck Municipal Code
declares the existence of weeds to be a nuisance;
WHEREAS, Section 8.04.030 of the Chubbuck Municipal Code
requires that owners and occupants of privately owned properties
destroy any weeds existing on their premises and authorizes the
City Clerk or Chief of Police to cause notice to be issued by
certified mail to the owners or occupants of such premises,
describing the property in question, stating the weeds thereon to
be a nuisance, and advising that the weeds must be destroyed
within a specified time period of not less than seven days;
WHEREAS, weeds in violation of Chapter 8.04 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 8.04.030, a copy of which notice is
attached hereto as Exhibit B; and
WHEREAS, the owner of the real property described on Exhibit
A has not destroyed the weeds within the time period specified in
RESOLUTION - Page 1
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the notice served upon them and have not filed a written appeal
with the City Council as provided for in Section 8.08.010 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 weeds 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 weeds by causing a
special assessment be levied against the real property described
on Exhibit A hereto.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, THIS 13th DAY OF ^UGU$1 , 19 86.
ATTEST:
CLERK
RESOLUTION - Page 2
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6zZ WARRANT ; - DEED
F6r Vslu~ Receive! ¢.~. INVESTORS
the ~ . do E~ he.by Fran~ ~ln, s~ll ~nd ~nvey un~
~ ClRC~ K ~~TI~ A ~ C~TI~
~ose cur~nt ~re~m Im
~500 S~ ~0~ STREET~ ~IX~ ~IZ~
850q0
the ~r~tee S, the following descrlbe~ premL~es, im__B~OCI{__ .... County l&eho, to wit,:
~I~1~ AT I~E NOR~ST COR~ER OF LOT k~ BOI~IE BRAE ACRES, BAh[~K
~, IDAHO, TI~I~CE EAST ~LOhlG 11~ NORTH LI~ OF LOT 1~, 277.1~ FEET TO 11~
POINT OF BEGIt~ING; Ti4~ICE EAST 50 FEET TO A POINT 100 FEET t~ST OF TI~
I~R~ST CCRI4~ OF LOT k; 1TI~NCZ SOIJTH 1~7 FEE:Tz TI~NCE ~EST 50 FEET~ T14~CE
I~RTH 1~7 FEET TO THE POINT OF BEGII~IING...
EXCEPT: TI-E: NORTH 9 FF[I' TI-ER~OF TAKI~ FOR HI(;FIgAY PURPOSES...
TO HAVE AND TO HOLD t~e ~ p~ with t~e~r a~purtena~ces ~nta ~ ~ Cr-..nt~ ,
February 17,1984
IrAT~ OF IDARO, c0ul~'rl' OF Bannock
o~ tide 17th aay ef February ~ B~
~ Rodney T. Clark known to me
be the person whose na~ is subscrt
the within instrument as Trustee
C.K. Investo~TA~~L
-,e.uild' Rodney T. Clark
aff/~uch Trustee
· -~ ,~
"8,4 FEB 17 P2:26
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NOTICE OF ORDINANCE VIOLATION
CHUBBUCK CITY.ORDINANCE NO. 143 REQUIRES THAT THE OWNERS AND
OCCUPANTS OF PRIVATELY OWNED REAL PROPERTY DESTROy ANY WEEDS
EXISTING ON THEIR PROPERTY WHICH ARE MORE THAN ONE FOOT IN HEIGHT,
EMIT UNPLEASANT OR NOXIQUS ODORS, CONCEAL ANIMAL WASTE, OR
CONSTITUTE A FIRE HAZARD. IT HAS COME TO THE.ATTENTION Of THIS
OFFICE THAT THE PROPERTY LOCATED AT //~ %~J. ~~~ ~.
IN THE CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO CONTAINS WEEDS
WHICH FALL WITHIN ONE OR MORE OF THE CATEGORIES DENOMINATED ABOVE.
AS THE OWNER OR OCCUPANT OF SAID PROPERTY, WHICH IS MORE
PARTICULARLY DESCRIBED ON EXHIBIT A HERETO, YOU ARE HEREBY ADVISED
THAT THE WEEDS ON SAID PROPERTY CONSTITUTES A NUISANCE. YOU ARE
FURTHER ADVISED THAT THE WEEDS MUST BE DESTROYED AND REMOVED FROM
THE PROPERTY WITHIN SEVEN (7) DAYS FROM YOUR RECEIPT OF THIS
LETTER. BEFORE THE EXPIRATION OF SAID PERIOD, YOU MAY FILE WITH
THE CITY CLERK A WRITTEN APPEAL FROM THIS NOTICE, WHICH APPEAL
SHALL BE DECIDED BY THE CITY COUNCIL AT ITS NEXT REGULAR MEETING.
THE TIME PERIOD SPECIFIED IN THIS NOTICE SHALL BE TOLLED DURING
THE PENDENCY OF THE APPEAL. IF NO APPEAL IS FILED OR IF THE
APPEAL IS DENIED, AND THE WEEDS IN QUESTION STILL EXIST UPON
EXPIRATION OF THE SPECIFIED TIME PERIOD, THE CITY COUNCIL SHALL
AUTHORIZE THE MAYOR BY RESOLUTION TO CAUSE THE WEEDS TO BE REMOVED
BY EMPLOYEES OF THE CITY OR BY OTHERS WHOM THE MAYOR SHALL
DESIGNATE. THE CITY MAY OBTAIN.REIMBURSEMENT OF THE RESULTANT
COSTS BY CAUSING A SPECIAL ASSESSMENT TO BE LEVIED AGAINST THE
PREMISES DESCRIBED ON EXHIBIT A HERETO. YOU ARE FURTHER ADVISED
THAT THE CITY SHALL TAKE ALL STEPS NECESSARY TO EXPEDITE THE
REMOVAL OF SUCH WEEDS, INCLUDING, IF NECESSARY, THE REMOVAL OF
ROCKS OR OTHER OBSTRUCTIONS WHICH INTERFERE WITH THE EXPEDITIOUS
REMOVAL OF THE WEEDS.
YOU MAY CONTACT THE CITY OFFICES AT 5160 YELLOWSTONE,
CHUBBUCK, IDAHO OR TELEPHONE THE CITY SAFETY OFFICER AT (208)
237-2400 IF YOU HAVE ANY QUESTIONS. THE CITY OFTEN MAINTAINS A
LIST OF COMPANIES W/LLING TO REMOVE WEEDS FOR A FEE. HOWEVER, THE
CITY'S FAILURE TO PROVIDE YOU WITH A LIST OF SUCH COMPANIES WILL
NOT RELIEVE YOU OF YOUR OBLIGATION TO COMPLY WITH THIS NOTICE.
ARNOLD STONE ~j
CHIEF OF POLICE
CHUBBUCK POLICE DEPARTMENT
NOTICE OF ORDINANCE VIOLATION
~ATELL~ . '~ ~ O
CHUBBUCK CITY ORDINANCE NO. 143 REQUIRES THAT THE OWNERS AND
OCCUPANTS OF PRIVATELY OWNED REAL PROPERTY DESTROY ANY WEEDS
EXISTING ON THEIR PROPERTY WHICH ARE MORE THAN ONE FOOT IN HEIGHT,
EMIT UNPLEASANT OR NOXIOUS ODORS, CONCEAL ANIMAL WASTE, OR
CONSTITUTE A FIRE HAZARD. IT HAS COME TO THE~ATTENTION OF THIS
OFFICE THAT THE PROPERTY LOCATED AT //5 ~.~~g~f-~- I~D.
IN THE CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO CONTAINS WEEDS
WHICH FALL WITHIN ONE OR MORE OF THE CATEGORIES DENOMINATED ABOVE.
AS THE OWNER OR OCCUPANT OF SAID PROPERTY, WHICH IS MORE
PARTICULARLY DESCRIBED ON EXHIBIT A HERETO, YOU ARE HEREBY ADVISED
THAT THE WEEDS ON SAID PROPERTY CONSTITUTES A NUISANCE. YOU ARE
FURTHER ADVISED THAT THE WEEDS MUST BE DESTROYED AND REMOVED FROM
THE PROPERTY WITHIN SEVEN (7) DAYS FROM YOUR RECEIPT OF THIS
LETTER. BEFORE THE EXPIRATION OF SAID PERIOD, YOU MAY FILE WITH
THE CITY CLERK A WRITTEN APPEAL FROM THIS NOTICE, WHICH APPEAL
SHALL BE DECIDED BY THE CITY COUNCIL AT ITS NEXT REGULAR MEETING.
THE TIME PERIOD SPECIFIED IN THIS NOTICE SHALL BE TOLLED DURING
THE PENDENCY OF THE APPEAL. IF NO APPEAL IS FILED OR IF THE
APPEAL IS DENIED, AND THE WEEDS IN QUESTION STILL EXIST UPON
EXPIRATION OF THE SPECIFIED TIME PERIOD, THE CITY COUNCIL SHALL
AUTHORIZE THE MAYOR BY RESOLUTION TO CAUSE THE WEEDS TO BE REMOVED
BY EMPLOYEES OF THE CITY OR BY OTHERS WHOM THE MAYOR SHALL
DESIGNATE. THE CITY MAY OBTAIN.REIMBURSEMENT OF THE RESULTANT
COSTS BY CAUSING A SPECIAL ASSESSMENT TO BE LEVIED AGAINST THE
PREMISES DESCRIBED ON EXHIBIT A HERETO. YOU ARE FURTHER ADVISED
THAT THE CITY SHALL TAKE ALL STEPS NECESSARY TO EXPEDITE THE
REMOVAL OF SUCH WEEDS, INCLUDING, IF NECESSARY, THE REMOVAL OF
ROCKS OR OTHER OBSTRUCTIONS WHICH INTERFERE WITH THE EXPEDITIOUS
REMOVAL OF THE WEEDS.
YOU MAY CONTACT THE CITY OFFICES AT 5160 YELLOWSTONE,
CHUBBUCK, IDAHO OR TELEPHONE THE CITY SAFETY OFFICER AT (208)
237-2400 IF YOU HAVE ANY QUESTIONS. THE CITY OFTEN MAINTAINS A
LIST OF COMPANIES WILLING TO REMOVE WEEDS FOR A FEE. HOWEVER, THE
CITY'S FAILURE TO PROVIDE YOU WITH A LIST OF SUCH COMPANIES WILL
NOT RELIEVE YOU OF YOUR OBLIGATION TO COMPLY WITH THIS NOTICE.
ARNOLD STONE
CHIEF OF POLICE
CHUBBUCK POLICE DEPARTMENT