HomeMy WebLinkAbout1991-008 Owners Replace Sidewalks RESOLUTION NO. 8-91
A Resolution of the city Council of the City of Chubbuck,
Idaho, a municipal corporation, pursuant to Chapter 8.28 of the
Chubbuck Municipal Code declaring the lack of sidewalk along the
properties at the addresses described on the attached Exhibit "A"
to be a dangerous and unsafe condition; requiring the owners or
person in control of each of the parcels of real property
described on the attached Exhibit "A" to construct sidewalk prior
to August 1, 1992 and providing that the owner or person in
control of the real property may, within 10 days following
receipt of this notiCe, appeal this matter to the Chubbuck City
Council; providing for the construction of sidewalk and
assessment of the cost against the adjacent property if the
owners or persons in control of the respective property do not do
so.
WHEREAS, the City of Chubbuck, an Idaho municipal
corporation, pursuant to Chapter 8.28 of the Chubbuck Municipal
Code, has the authority to declare sidewalks, or the lack thereof
to represent a dangerous or unsafe condition; and
WHEREAS, the City of Chubbuck has the authority pursuant to
said Chapter 8.28 of the Chubbuck Municipal Code to require the
construction or replacement of sidewalk where the Council deems
the lack of or consideration of the sidewalk to represent an
unsafe or dangerous condition; and
WHEREAS, the properties described on the attached Exhibit
"A" do not have sidewalk or have sidewalk in a state of dangerous
disrepair; and
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WHEREAS, the Chubbuck City Council finds and does declare
that the lack of sidewalk or the condition of the sidewalk along
the properties described on the attached Exhibit "A" to be a
dangerous and unsafe condition; and
WHEREAS, the owners or persons in control of the property
can be required to construct sidewalk or, absent construction by
the owner or person in control of each respective piece of
property, the City can cause the sidewalk to be constructed and
the costs assessed against the property;
NOW THEREFORE, be it resolved by this City Council of the
City of Chubbuck, Idaho as follows:
1. The lack of sidewalk or condition of the sidewalk along
the properties described on the attached Exhibit "A" is declared
to be an unsafe and dangerous condition.
2. The owner or person in control of each of the
properties described on the attached Exhibit "A" shall be
required to construct sidewalk on or before August 1, 1992.
3. The City shall give notice to the property owners or
person in control pursuant to Chubbuck Municipal Code § 8.28.040
and shall further advise the property owners of their right to
appeal pursuant to Chapter 8.28.
4. If any of the property owners or persons in control do
not construct sidewalk within the sidewalk prior to August 1,
1992, the City shall cause the sidewalk to be constructed and the
costs thereof shall be assessed against the respective properties
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pursuant to Idaho Code S 50-1008 and the Chubbuck Municipal
Code.
5. The Council believes appeals of the above determination
should be consolidated and heard at one time for the convenience
of all parties. Accordingly, September 24, 1991 at 7:30 p.m. in
the Chubbuck City Council Chambers is designated as the time for
hearing appeals from property owners or persons in control of the
properties along Chubbuck Road and September 10, 1991 at 7:30
p.m. in the Chubbuck City Council Chambers is designated as the
time for hearing appeals from property owners or persons in
control of the properties along James Street.
Passed and approved by the Mayor and the City Council, City
of Idaho on this 13TH.day of AUGUST , 1991.
DATED this day of July, 1991.
ATTEST:
Conlln, C ty Clerk
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EXHIBIT A
Neider Subdivision
Curb, Gutter and Sidewalk Replacement Project
Linear Feet of Linear Feet of
Curb and Gutter Sidewalk to be
to be Replaced Replaced by
LOT # BLOCK# Address by City Property Owner
1 1 4808 Joy 0 100
2 1 638 W. Chubbuck 0 100
3 1 628 W. Chubbuck 0 100
Totals 9 300