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Home My WebLink About1986-008 Nuisance/Weeds 4537 YellowstoneCITY 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 AUGUST , 1986. ATTEST: CLERK RESOLUTION - Page 2 ja 9P-34 ~ · ,,., · ........ % ',... I' THIS INDENTU~,, m~cie this __.13Lh .... day of _~.,,eig~r,. - the part}' o[ tim first lawf~ mo~ ~ ~ ~ ~to the ~ ..... ~~' - Park ~i~"~-'.~y, 44~.5 .la~t, m:,.."u or lc.s, ix) ~.',o placu of b~-'.Ir~. . 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 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 as ft) l lo~'s l.ot I al~d tile l.a.,,t 50 feet of I.ot " Cttubbuck of lite County R(,cor,lcr ___t:XC.t_'p.~____l~ Bt'g inn I ~tg ,,t i.ot I ~ t hence' tit'.,; l l't'e I ; I , 159.5 feet said Begi~lning.,... of Bannock County, Idaho tht, Northeast cor~icr of .,;aid along the North linc 1~9.5 feet; l~arallel to thc East l~ne of Lot 1, llS l.ast pa~',~llel to ll~e North l,~ne of Lot ; lite,tot' North alo~lg t-he East Line of S ret't, l;~ol'c or less lo the Point of Stli~,ll.t:'l TO Tile I:OI.I.Ot¥1NG i. Xtil:I'TlOXS: (1} Taxes for lite year 1971 a;;d .stibse~tt~ent years. Taxes fei' the year 1970. T,txt, s £or tilt' }'ear (2} l.t'vics and a.sst, ssments under llte Fort llall I rrigat ion l°rojcct . (5) l)ced of 'l'rust from l'}~ilip fl. l, orchcr and Dorothy L. l, orcher, }tti.,,band a;l~t ~'ife, to Ed,'in P. rennan aaa livalyn ~1. ~re~nan. tit.~i)and ;t~d ~ife. in the amount of $o9,501.44, tli&le~ ht)~cml)er 1(). 19o(), recorded November 29) 198o) in Book '(i9 No 433880 (4) Installment Note and ,Mortgage, from Philip l, orcher to tile Idaho First National 14ank, in thc of $4)874,40) ~;Ited May o, 19090 recorded ~lay ~, in Book 227, No. 400411. of bc r (S) Second i)eed of rrust fro;a l'],ilip G. Lorcher rind llorolhy L. Lorcher~ hu:.b;~td and ~'i fc~ to Edwin P. ~renn~ and I:.valyn bi, ltrelinan, husl)and and t. lfe, tn the amount $5~000.00, dated Septeml)er S, I" .,o9, Recorded S, 19()9, in Book 229, No. 4o3594. {o) The effect of a Federal Tax I. icn, filed for record in Book 2~8) No, 47()~3o, recorded .lanuary lS, 1~71~ limited St~.tes of America, l'latnt;ff, vcr~u~ Philip. Lot chef and Dorothy Lorcher, l)eft'n,l,nt, being tn th~ of $317,3S, ' {?} The effect of a al,strnct cf .)udgracnt) filed cord in Book 240, No. 4791.I1, recorded April ESNN Rndio, Plni~liff, vcrsttg l'ntlip G, Lorcher~ business as, Phil's County t.orncr, l)cfendant, belnl the amount of (8) The effect of that ct. rta~n Decree of l)lvor¢o0 1. A.~ · .. ; ;.c ~.'.aI tt'r of ]';lis INl)i.X'l'tlRi: )aa,,c t.,ls · day of October, 1971, between 1..O. }:ITT. t;i.iC-~i.l), 'a> Tr:;.~tce of tile lislate o£ PillLiP g I. ORC~itiR and DOROTilY L ' "'. ' · . :.Oat.l:l:R, of l'ocatello, Ida:~o, part. y of thc First part, and PARRI.qti CO.~iP,\XY, an Idaho Corporatien' with offices at ~$37 Yellowstone, Pocate!lo, 8annock Idaho, Part)' of the Secona Part, witt~csseth, that h'itEREAS, Trustee has received an offer of sale an6 has made a Petition to sell the said real property and the Court. :.ax'ixg entered its ORDER DIRECTING Till SALE OF REAL PROPER'fY the sale made pursuant to tile Court Order; NOd' T~IEREFORE, know )'e, tic;it 1, 1..1). FITZGERALD, i,y virtue of the power and authority in me vested) as aforesaid ;,nd in thc consideration of tile sum of FIVE ItUNDRED and no/100-- 1}ollars ($500.00) to me paid oy tile Parly of the Secon~ Part~ ti:e receipt ahereof is hereby aci, no'alcdged, do hereby grant) bargai;,, sell and convey u.,to tilt. Party of the .Second Part, ·.;.cir :~cirs .nd assigns forever, ali the i]~tt, rest$ ~.'htch ;,.::kru,~t estate had on July 19, 1971 in and to all of tile rigi~t, l lilt .:~.l :;,tt'rc~t of that c,:rtain real propcrt)