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HomeMy WebLinkAbout1990-002 Nuisance Material CITY OF CHUBBUCK, IDAHO RESOLUTION NO. 2.~O A RESOLUTION OF THE CITY OF CHUBBUCK, IDAHO, AUTHORIZING THE MAYOR TO CAUSE MATERIAL CONSTITUTING A NUISANCE 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 NUISANCES ARE SITUATION. WHEREAS, Sections 8.16.020, 8.16.030 and 9.12.010 of the Chubbuck Municipal Code enumerates general nuisances; WHEREAS, Section 9.12.020 of the Chubbuck Municipal Code requests that owners of privately owned properties abate nuisances existing on their premises and authorizes the Mayor, any member or.the police department or any officer of the City designated by the Mayor to cause notice to be issued by certified mail to the owners of such premises, describing the property in question, requiring the nuisances to be removed, and advising that the nuisances must be removed, abated or destroyed within a specified time period of not less than ten (10) days; WHEREAS, the nuisances in violation of Chapters 8.16.020, 8.16.030 and 9.12 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 9.12.020, a copy of which notice is attached hereto as Exhibit "A"; and WHEREAS, the owner of the real property described on Exhibit "A" has not removed, abated or destroyed the nuisances within the RESOLUTION - Page 1 dsc chbbck03.121 time period specified in the notice served and has not filed a written appeal with the City Council as provided for in Section 9.12.020 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 nuisances 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 nuisances by causing a special assessment to be levied against the real property described on Exhibit "A" hereto, 'pursuant to Idaho Code § 50- 1008. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: THIS 20th. DAY OF march , 1990. ATTEST: CLERK RESOLUTION - Page 2 dsc chbbck03.121 LAW OFFICES JONES, CHRISTENSEN, JORGENSEN, ROBISON, HOLMES and ROBISON, Chartered LAMONT JONES 405 WEST WHITMAN P.O.BOX 967 CRAIG W. CHRISTENSEN POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 CRAIG R. JORGENSEN JACK H. ROBISON THOMAS J. HOLMES JESSE C. ROBISON KELLY KUMM February 27, 1990 Mr. Ralph Henderson 1325 Paramount Pocatello, Idaho 83201 Mr. R. Jay Henderson 13486 N. Moonglow Chubbuck, Idaho 83202 RE: Briarwood Trailer Court Gentlemen: Pursuant to Chubbuck Code 9.12.020, you are hereby notified by me, at the direction of the Chief of Police of City of Chubbuck, that you are to abate the following nuisances on or before March 12, 1990: Several of the Vacant trailer spaces are overgrown with '~ weeds and/or have numerous items of rubble, trash, blocks, brick, .: pipe, lumber, steps, porches and storage buildings strewn about. ~o~ You may, within 10 days following the posting and mailing of this notice, submit a written request for review of this matter " by the Chubbuck City Council. · :' If such request is submitted, the City CounciI will consider ~" it at its next regularly scheduled meeting. '~ If you do not request such a review and further do not comply with this directive to abate, remove or destroy the above ~', nuisance, the City of Chubbuck may direct its employees or its ~ · contractors or agents to go upon the premises in question and -'- remove, abate or destroy the above nuisance. In that event the "~ City is entitled to recover its expenses by civil action ,',-i - · including costs and reasonable attorney fees. Additionally, ~:, these expenses may be certified by the City Clerk and transmitted EXHIBIT A Mr. R. Jay Henderson February 27, 1990 Page 2 to the County Treasurer to become a lien against the above- described real estate. Be advised the City Council will be asked to pass a Resolution on March 13, 1990 authorizing the Police Department to contract for the clean up of Briarwood. If you intend to abate the above nuisances, please-contact Sergeant Phelps immediately before additional expense is incurred in hiring people to do the clean up. If you do not intend to abate the nuisance, please remove from the vacant spaces any item you intend to keep. The rest, including steps, porches, storage building blocks, brick, pipe and lumber will be removed by the city. -~_~~ Thoma~_.Holmes Chubbuck city Attorney TJH/dsc chbbck 02.274 cc: Officer Jim Phelps Mayor John O. Cotant LAW OFFICES JONES, CHRISTENSEN, JORGENSEN, ROBISON, HOLMES and ROBISON, Chartered LAMONT JONES 405 WEST WHITMAN P.O.BOX 967 CRAIG W. CHRISTENSEN POCATELLO, IDAHO 83204-0967 TELEPHONE: (208)232-5911 CRAIG R. JORGENSEN JACK H. ROBISON THOMAS J. HOLMES JESSE C. ROBISON KELLY KUMM February 28, 1990 Mr. Ralph Henderson 1325 Paramount Pocatello, Idaho 83201 Mr. R. Jay Henderson 13486 N. Moonglow Chubbuck, Idaho 83202 RE: Vacant Lot at 244 East Chubbuck Road Gentlemen: In Pursuant to Chubbuck Code 9.12.020, you are hereby notified by me, at the direction of the Chief of Police of City of Chubbuck, that you are to abate the following nuisances on or before March 12, 1990: The vacant lot at or near 244 East Chubbuck Road, North of East Chubbuck Road and adjacent to the west side of the railroad tracks is over grown with weeds. You may, within 10 days following the posting and mailing-of this notice, submit a written request for review of this matter by the Chubbuck City Council. If such requests, is submitted, the city coUncil will consider it at its next regularly scheduled meeting. If you do not request such a review and further do not comply with this directive to abate, remove or destroy the above nuisance, the city of Chubbuck may direct its employees or its contractors or agents to go upon the premises in question and remove, abate or destroy the above nuisance. In that event the City is entitled to recover its expenses by civil action including costs and reasonable attorney fees. Additionally, these expenses may be certified by the City Clerk and transmitted to the County Treasurer to become a lien against the above- described real estate. Mr. Ralph Henderson Mr. R. Jay Henderson February 28, 1990 Page 2 Be advised the City Council will be asked to pass a Resolution on March 13, 1990 authorizing the Police Department to contract for the clean up of this lot. Enclosed are copies of two bids for clean up of this lot and of Briarwood. The City will probably contract with D. C. Landscaping for the clean up at a cost, per the bid, of. $1245. If you intend to abate the above nuisance, please contact Sergeant Phelps immediately before additional expense is incurred in hiring people to do the clean up. If you do not intend to abate the nuisance, please remove from the vacant spaces any item you intend to keep. The rest, including steps, porches, storage building blocks, brick, pipe and lumber will be removed by the City. Sincerely, Thomas J. Holmes Chubbuck City Attorney TJH/dsc chbbck 02.282 cc: Officer Jim Phelps Mayor John O. Cotant D.C. LANDSCAPING Dennis D. Cherry 4145 Henderson Pocatello, Idaho 83202 Phone 237-0745 STRE~ ~ ~ JOB NAME We hereby submit s~cifications and estimates for: .............................................. ............. .......... ............... ................ ............... ....................................................... ........... :': ......................................... : ......... :"~ ........ ::'"'"': ............................. :-':"": ................................................ ; ........................... ~ ....................... .:-,'"'"T'~T'": ......... ;::"~ ............ :'"": .......... ~"':'":';.'~ .................. ;":'""~ ............ ~':":'"'":;;'~ ................................................................................................................................................................................ : ............................................................................................................................................. ~;.:~ ....................... t .................. :.:.:....;....L.. ..:~ ~~ hereby to furnish material and labr- complete i~ accordance with a~ve specifications, for the.su~ ~yment to ~ made as follows: ' · ..... All mate~l ~ guarant~ ~ ~ as s~cifi~. All ~ to ~ compl~ in a wor~anlike ~ ~~~ ~ ~nner a~o~ing ~ s~ndard pm~ices. Any a~eration or d~iation from a~ve s~ifi~- A riz~ . ~ : - Uons in~ing e~m c~ts will be ex~ut~ only u~n wr~en o~e~, and will ~ome an S ~ ~1~ ~r a~d a~v~ tkl ~i~at~, All agr~me~ ~ti~l~nt ~.l~ik~s, ac~id~ ............. ...... or d~la~ ~d o~r ~1. ~er to :a~ fir~, t¢~ad~ and ~ther ~ ia~. ~e: ~i~ ~r~l ~ay b - · ' A~re~e of ~ropoSd--T.e ~e prices, s~ification~ and conditions are satisfacto~ and are hereby acceptS. You are authoriz~ Signature to do ~he work a~ $~cifi~. ~yment will be made as o~lin~ a~ve. Date of Acceptance: Signature . . . Propo,ai . Proposa, F~oM T~_.-~E E~'~TE?~?~:~Z~ES o · Sheet No. 12527 ,~r. Tyhee Rd. Pocatello, Idaho 83202 DateFeb. 27, 1990 Proposal Submitted To ' Work To Be Performed At Name City of Chubbuck Street Street ' "' City State. City Date of Plans State Architect Telephone Number We hereby propose to furnish all the materials and perform all the labor necessary for the completion of Garbage, trash and weed clean-up on the 3 acre lot. located on Chubbt~e~ .Rd_. Also as needed in Briarwood Trailer Park, off Hiline Rood. ~ $25.00 per man hour plus cost of 30 yard dumpster daily rental which is And dump fee o~ approximately $100.00 per dump, All material Js guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of with payments to be made as f Ilows: . within 10 days of completion · Any alteration or deviation from above specifications involving extra.costs, will be executed only upon written orders, and will. become an extra charge over and above the estimate. All agreements' Contingent upon ~trikes, accidents or delays' beyond our control. Owner to carry fire, tornado and other necessary insurance upOn above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by. ~ Respe~,~y su~mi/~ Per Note :::.-This proposal may be withdrawn by us if not accepted within ,.~O days .... · ..... ACCEPTANCE OF PROPOSAL .'"':-':.': '-'- The above prices, specifications and conditions are satisfactory,and are fler~by accepted. You are authorized to do the work as Accepted Signature Date Signature 'TOP~ FORM :3450 ~ LITHO IN U. 5. A. ITD-510 2/90 STATE/LOCAL AGREEMENT (PRELIMINARY ENGINEERING) STP-7041(iO0) INTERSECTION E. CHUBBUCK RD & HILINE RD CITY OF CHUBBUCK KEY NO. 4796 PARTIES THIS AGREEMENT is made and entered into this day of · 19 , by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and CITY OF CHUBBUCK, acting by and through its Mayor and Council hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program for construc- tion Federal-Aid Highway Project STP-7041(100), described as Intersection E. Chubbuck Rd & Hiline Rd, the preliminary engineering for which is to be performed by SPONSOR'S Consultant Staff. NOTE: Securing the services of a consultant for preliminary engi- neering services must follow the process outlined in the LPA Guidelines. Since certain functions under this Agreement are to be performed by the STATE, involving the expenditure of funds, and since the STATE can only pay for work associated with the State Highway System, the SPONSOR is fully responsible for all costs related to the project. The Parties agree as follows: SECTION I. 1. This Agreement is entered into for the purpose of developing construction plans and specifications in order that federal participation may be obtained in the construction costs of the project. 2. Ail information, regulatory and warning signs, pavement or other markings, and traffic signals required and warranted will be developed as a part of the plans, regardless of whether the work is done as a portion of the contract or by the SPONSOR'S forces. SECTION II. That the STATE will: 1. Assume no responsibility for the timely performance of this Agreement and in no way guarantee that the federal funds herein sought are available or will be m~de available. In the event federal funds are unavailable, this agreement is void. 2. Provide the following services incidental to the prelimi- nary engineering: a. If required, assist in the selection of a Consultant Engineer, negotiate, and furnish the Agreement for Engineering Services and any supplements thereto, to be used between the SPONSOR and Consultant Engineers on this project. b. Request a categorical exclusion or other appropriate environmental documentation. c. Advertise for required formal public hearings. d. Perform or make arrangement for archaeological recon- naissance of the project. e. Review rights-of-way appraisals and assign personnel to determine relocation entitlements and assistance which might be required by the project. f. File with the Federal Highway Administration applica- tions for exceptions to AASHTO Standards when appropriate and for government land withdrawals for rights-of-way and airport clearance. g. Assist in negotiations with public carriers and utilities for agreements on behalf of the SPONSOR. h. Hold utility hearings or advertise the opportunity therefore when necessary. i. Review the Engineers' plans, estimates, reports and environmental studies, and issue notice of approval to the SPONSOR and the Engineers following the Concept, Preliminary and Final Design Reviews and the Design Study Report. 3- Supply roadway summary sheets and such standard draw- ings as may be required to supplement the plans. k. Prepare title sheet. -2- SECTION II. (Cont.) 1. Print and assemble plans, special provisions, speci- fications and contract. m. Advertise for bids and let the construction contra~t. n. Furnish to the Engineers copies of materials test reports and other data applying to the project and available to the STATE. SECTION III. That the SPONSOR will: 1. Pay to the STATE, before the STATE begins the incidental services, the sum of TWO THOUSAND AND NO/HUNDREDTHS DOLLARS ($ 2,000.00), estimated to be the total expense to the STATE. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the STATE, an adjustment will be made accordingly. 2. Reimburse the STATE for all services rendered and material furnished in connection with the project. 3. Acquire, at its sole expense, with the STATE'S assistance as noted in Section II, Paragraph 2e, all rights-of-way and easements needed to provide for' construction and maintenance of the project. 4. Furnish all appraisals required for the project to be reviewed by the STATE. 5. Before initiating negotiations for any real property, establish an amount considered to be just compensation, under Idaho Code, and will make a prompt offer to acquire the property for the full amount established. 6. Make every reasonable effort to acquire the real property by negotiation. 7. Inform the property owner, in those cases where he indicates a willingness to donate a portion of his real property for rights-of-way, of all the facts including his right to full compensation in money for land and damages, if any, in accordance with Idaho Code. 8. Provide relocation assistance and payments for any dis- placed person, business, farm operation, or non-profit organization in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the Idaho Real Property Acquisition Act of 1971; Title 40, Chapter 29; and Title 58, Chapter 11; Idaho -3- Code, as amended, and regulations promulgated thereunder. No individual or family shall be displaced until decent, safe and sanitary replacement housing is available to the relocatees for immediate occupancy. Advise the STATE of any relocations required by the project and authorize STATE to negotiate in its behalf for all relocation assistance and payments, the cost of which will be assumed by the SPONSOR at the time of negotiation. 9. To the greatest extent practicable, schedule the adver- tisement and subsequent construction of the project so that no person lawfully occupying the real property shall be required to move from his home, farm or business without at least ninety (90) days' written notice. 10. Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials sources and agreements necessary for the construction of the project have been acquired in accordance with Paragraph 8, this Section. 11. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the STATE an environmental evaluation and any other documents required by the National Environmental Policy Act. 12. At all required public hearings, furnish all necessary exhibits and provide for a representative of the SPONSOR to describe the project; present information about the location and design, including alternates; discuss the tentative schedules for rights-of-way acquisitions and construction; discuss the SPONSOR'S relocation assistance program; discuss the economic, sociological, and environ- mental effects of the project; and answer all questions concerning the project. 13. Indemnify, save harmless and defend regardless of outcome the STATE from the expenses of and against suits, actions, claims or losses of every kind, nature and description, including.costs, expenses and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the SPONSOR or its consultant in the design, construction and maintenance of the work which is the subject of this Agreement. 14. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. -4- APPENDIX A Excerpts from Title 49 CFR Part 21 During the performance of work covered by this Agreement, .City of Chubbuck , for itself, its assignees and successors in interest (hereafter referred to as the "SPONSOR"), agrees as follows: 1. Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non-Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicita- tions for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex, national origin, age or non-Job-related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, relig- ion, sex, national origin, age or non-Job-related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department, or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non-Compliance: In the event the SPONSOR is in non- compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department, shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the SPONSOR until he has achieved compliance and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions: The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regula- tions, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to subcontractor or procurement ss the Idaho Transporta- tion Department, or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States.