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Home My WebLink About1986-009 Nuisance/Weeds 134 E LindenCITY OF CHUBBUCK, IDAHO RESOLUTION NO. ~-~ 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 ja 9P-34 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 AUGU$1 , 1986. ATTEST: CLERK RESOLUTION - Page 2 ja 9P-34 . .. . .... , .... k., . · 738714 u~ - ' : 'W'lst · ' '. '.. 'Oetobe.~ [ '1 ' * ' "-8~ HgZEL SWaNSOn, a. single ..p~.r.5.~nd. survivi.Qg spouse Idaho Falls ...-, County Of. BoP.n~.~i.l~ ...... , st,i, et ..... Idp.b.9 ........................ /...j~ . ' ;{fC~ifh' dOTTL~ and gTfiN DREW" tg'4'a.C;'D'~'a~ ............................................... * ........... Z;... .................................. . .......................... o~ .. ~.~q~l. lv. ........... /...~ ..... , · .. ~IT~ESSETH, that ~ part~ ol Ihe tirst parl, lot ~d i, co~s~deralion ol t~ ~ ot ................................. :... One. Thousand ..($~,000.0.0) and.no ...................... ~===~.~ ..................... ~tul monep ot ire U,iied Slates of ~merlca and o~he~ ~ood.. and v.aluabZ~e...eons.id~aLion .... ~ party of the lir~t part in hand paid by'the party of the second part, Hm receipt whereat ~s h~re~y ~nowled~cd, ocs by these presents rcmise, release and Iorever QUITCLAIM, onto the said party, b~ tho s~nd part, and to arty ol the second part's heirs a,d assig,s, forever, all the ]ollow;n~ dcscribcd real ester% ~;toafed ~n ............... ~ ..... Poeatello .... , County o[ ..BaBB.ook ............. , State of Idaho. to-Wit: South 224 feet of Lot 10 Bonnie Brae Acres, Bannock County, Idaho TOGETHER, with all and sintlular the tenements, h'eredit'aments and appurtenances thereun'to [~loni~in~ o} ~ anywi~ ap~rtain;n~, and the reversion and reversion, remainder and remainders, :~nd rents, i~u~ and profits ~ereof; '" - . aid Party ut the ~econd part, and to party o~ second part's heirs and assigns forever. : In conMru/n~ th;z deed and where the context so requires, the ~in~u~ar in~ude~ l~e plural IN' WITNESS WHEREOF, the said party o[ the [i~t 'part ~az hereunto scl ]~;~ ]mod and ~ ~e day and ear tirst above written. STATE OF IDAHO, ']l s~.. 'ounty of ...B.O.B.B.e.v i~ 1 e ................... On this ......... .,.~.1 ..... .. day et. Oe.tobe.~ ........................................... ;n the year I9.8ti .... l~fofe 'm~ · ..: .......... , a lVotary Public in an~ lot said State, personally appeared known to me to be the per~on whose name....is .......................... subscribed to the Within ;t~ztru. ~'~ ~ ) '~ meat, and acknowledged to me that S l~e .... executed the ~ame. ; · ' 'f .. IN TESTIMOIVY WHEREOF, I ~have J~ereunto set my ~sand and affixed my oflicJal' seal 'the day and year in thls.~ertilicate ~irst abOve written. IVotary Publ;.c. lot the ~t. ate of Residing zt..l~.~.~ Idaho. 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 ~HE ATTENTION O~ THIS OFFICE THAT THE PROPERTY LOCATED AT 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. REFORE 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 ARNOLD J. STONE Chief of Police Gi-~U B B iL/C~ POLICE DEPARTMENT 5160 YelloWstone Avenue CHUBBUCK, IDAHO 83202 Phone 237-7172 Emergency 237-0770 TO WHOM IT MAY CONCERN: This notice is to inform you of Chubbuck City Ordinance Violation. A copy of said City Ordinance is attached. Please read attached Ordinance and be aware of your ob/dgation. Your prompt attention to this violation is needed at this time. Sections of Ordinance have been marked that pertain to your property. Sincerely Public Safety Officer 9.12. 010 Chapter 9.12 USES OF PROPERTY* Sections: 9.12.010 9.12.020 9.12.030 9.12.040 9.12.010 Enumeration of general nuisances. Responsibility and abatement. Interference with removal, abatement, or destruction of nuisance. Special nuisances. Enumeration of general nuisances. It is un- lawful and punishable as a misdemeanor for any person to create a nuisance by conduct with respect to property, or to maintain or permit the existence of a nuisance due to the condition of property. The following forms of conduct with respect to property~ and conditions of property, are declared to be public nuisances: A. Conduct with Respect to Property. 1. The burning of any hair, leather, rags, or other substances of any kind which produce a smell, smoke, or odor that annoys or is offensive to persons living in the vicinity or to persons on any nearby pedestrian or vehicular thorough- fare. 2. The drawing, writing, or displaying of any in- decent, profane, offensive or obscene words, pictures or caricatures upon property located on public premises or on premises open to the public. B. Conditions of Property. 1. Appearance of property, located on pedestrian and vehicular thoroughfares or premises open to the public, of indecent, profane, offensive or obscene words, pictures or caricatures. 2. Holes, vaults, or cellars which are open and unprotected or from which grates are missing, located upon or near pedestrian and vehicular thoroughfares or premises open to the public, 3. All cellars, vault/, drains, pools, cesspools, privies, sewers, yards, grounds, or premises which for any cause have become foul, nauseous, or a menace to health, or which give forth odors which are offensive to persons on adjacent properties or to persons on nearby pedestrian or vehicular thoroughfares, 4. All carcasses, decaying flesh, fish, fowl, or vegetables; all deposits of manure or other unwholesome sub- stances, and all filthy or offensive water or slops, adjacent For statutory provisions authorizing cities to declare and abate nuisances, see I.C. §50-334. 38 9.]2. 0--9.]2.040 C. In the event of noncompliance with a directive that has not been modified or withdrawn, the council may adopt a resolution finding that a nuisance has been created or has been permitted to exist, that there has been a failure of compliance with a notice to remove, abate, or destroy the nuisance, and that action by the city is required to protect the public health, safety, and welfare in the area affected by the nuisance. Following adoption of such a resolution, the mayor may direct that employees of the city, or the city's contractors or agents, go upon the premises in question and remove, abate, or destroy the nuisance. The city shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney's fee. The expense may also be certified to the city clerk and transmitted to the county treasurer, and be collected by special assessment upon the property to the extent provided by law, If the certificate is recorded at the office of the county recorder, it shall become a lien against the property to the extent provided by law. (Ord. 185 ~3(B), 1977). 9.12.030 Interference with removal, abatement, or de- struction of nuisance.' It is unlawful and punishable as a misdemeanor for any person to interfere with, hinder, or refuse to allow any authorized city officer, employee, con- tractor, or agent to enter upon private or public property for the purpcse of enforcing the provisions of this chapter. (Ord. 185 §3(C), 1977). 9.12.040 Special nuisances. Notwithstanding the pro- visions of this chapter relating to generally enumerated nuisances, prior ordinances of the city governing nuisances created by weeds or by inoperative motor vehicles, and future ordinances of the city coverning other specific nuisances shall be in full force and effect and shall exclusively con- trol their subject matter. (Ord. 185 §3(D) , 1977). Chapter 9.16 (RESERVED) 40 or in close proximity to private grounds of another, pedes- trian or vehicular thoroughfares or other premises open to the public, 5. Any junk ~tems kept adjacent or in close prox- imity to private grounds of another, pedestrian or vehicular thoroughfares, or premises open to the public, unless such items comprise the inventory or materials necessary to the operation of a commercial of industrial enterprise located in a zone where such business is permitted, or unless such items are enclosed within a solid structure or other suffi- cient visual screen; "junk items" includes, without limita- tion, inoperative appliances or fixture's, dismantled or dis- carded furniture a~ equipment, scrap metal or lumber, ropes, rubber, glass, rags, paper or bagging, and other salvage or refuse articles, 6. Any building that is structurally unsound, aban- doned, deteriorated, or which has become, as to itself or as to its contents, a fire hazard or menace to the Dublic health. 7. Any signs, structures, vegetation, or other ob- jects that obstruct the vision of motorists or pedestrians traveling along, entering, or exiting from any street, high- way, vehicular way, pedestrian way, or other public thorough- fare, and constitute a traffic safety hazard; provided, that this subsection shall not apply to duly authorized traffic- control devices or to items situated as otherwise specifi- cally permitted by law. (Ord. 214 §2, 1980; Ord. 185 ~3(A), 1977). 9.12.020 Responsibility and abatement. A. It is the duty of the owner and of any lessee, manager, or person in charge of any lot, building, property, or premises upon or with respect to which any nuisance exists or has been created, to remove, abate, or to destroy the nuisance without delay. B. The mayor of the city, any member of the police de- partment, or any other officer of the city designated by the mayor, may give notice in writing that a nuisance be removed, abated, or destroyed within a period of not less than ten ~ Such notice shall be served upon the responsible parties, by certified mail to their last known addresses, and by posting a copy in a prominent place upon premises at or near the location where the nuisance exists. Such notice shall state that any one of the responsible parties may, within ten days following posting and/or mailing, submit a written re- quest for review by the city council. If such request is sub- mitted, the city council shall conduct a hearing upon the matter at its next regularly scheduled meeting, and the coun- cil shall decide whether the notice should be modified, with- drawn, or enforced as written. 39 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 NOXIOUS ODORS, CONCEAL ANIMAL WASTE, OR CONSTITUTE a FIRE HAZARD. IT HaS COME TO THE ATTENTION OF THIS OFFICE THAT THE PROPERTY LOCATED AT 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