HomeMy WebLinkAboutItem #3 Curb & Sidewalk ViolationsJoey Bowers
Subject: FW: Sidewalk issues
Attachments: 20240610_072921jpg; 20240610_073559jpg; 20240610_103853.jpg
From: Aaron Harker
Subject: Sidewalk issues
Esteemed Council of The City of Chubbuck,
I am presenting to you three curb and sidewalk violations that require your review according to city
code section 08-28-030, 040 (see code below). The following locations are:
- sidewalk at 330 W Chubbuck Rd. This is the west end of Camelot Estates
-sidewalk and curb damage at Wendy's Restaurant 929 Yellowstone Ave. This one was reported by ITD
-sidewalk in front of 4590 Ponderosa
8.28.030: OWNER'S DUTY TO CONSTRUCT, REPAIR OR REPLACE CURBS AND SIDEWALKS:
It is the duty of the person owning or having control of real property along or abutting any curb or sidewalk, to
construct, repair or replace the curb or sidewalk so as to provide safe, all weather passage for pedestrians and
to provide adequate street drainage and pavement protection for the safety and convenience of the traveling
public. (Ord. 349 §2, 1990)
8.28.040: CITY'S ABILITY TO REQUIRE CONSTRUCTION, REPAIR OR REPLACEMENT OF
CURBS AND SIDEWALKS:
If the city council finds that curbs or sidewalks are dangerous and unsafe, requiring construction, repair or
replacement thereof, the council may, at its option:
A. Serve a written notice on the owner or person in control of the real property adjacent to the curb
or sidewalk, informing that person of the unsafe condition and requiring that person to construct, repair or
replace the curb or sidewalk, as specified by the council, within a set period of time after receipt of the notice.
In formulating the notice, the council shall take into consideration the time of year and likelihood of installing or
repairing curb or sidewalk and said notice shall specify the deadline, which shall be not more than six (6)
months after receipt of the notice and not less than one month after receipt of the notice. Such notice shall
further state that the owner or person in control of the real property may, within ten (10) days following receipt
of the notice, appeal the matter by submitting a written request for review by the Chubbuck city council. If such
request is submitted, the city council shall conduct a hearing upon the matter at its next regularly scheduled
meeting and the council shall decide whether the notice shall be modified, withdrawn or enforced as written. If
the repair or replacement does not take place pursuant to the written notice and any subsequent action of the
council, the council may proceed under subsection B of this section.
B. Provide by general ordinance, for the construction, repair or replacement of the unsafe curb or sidewalk,
and assess the cost thereof to the adjacent property. Collection of the assessment may be done pursuant to
Idaho Code section 50-1008.
Nothing herein shall preclude the council from establishing a local improvement district for the construction,
repair or replacement of curbs and sidewalks, pursuant to chapter 17, title 50 of the Idaho Code. (Ord. 349 §2,
1990)
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