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0355 Weed Control and Abatement 1991CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 8.04 OF THE CHUBBUCK MUNICIPAL CODE TO CLARIFY THE AUTHORITY OF CITY STAFF TO REMOVE WEEDS; TO ALLOW FOR SUCCESSIVE REMOVAL OF WEEDS IN ONE NOTICE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.04 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. The control of weeds within the City of Chubbuck is an ongoing problem. Under the present ordinance, it is necessary to give a notice to property owners each time it is necessary to cut the weeds. Because of the time constraints of doing this, particularly in areas where the weeds have adequate moisture, the weeds are not kept cut in a timely manner. It would facilitate weed control within the City of Chubbuck if the City staff had the ability to send one notice with multiple dates upon which weeds needed to be cut or they would be cut by the City. Additionally, City staff, under the existing ordinance, must technically seek a resolution from the City Council before having weeds cut. The city believes that is an unnecessary step in the process since the property owners and occupants do have an appeal right. The following change in the weed ordinance accommodates the foregoing two concerns but still preserves the rights of the owners and occupants of real property to protest decisions by the City to cut their weeds. 2. Amendment of Chapter 8.04. Chapter 8.04 of the Chubbuck Municipal Code is amended to read as follows: 8.04.030 Abatement. The owners and occupants of privately owned real properties shall destroy any weeds existing on their premises. The manner of destruction shall not endanger or infringe upon the full use and enjoyment of adjoining properties and structures. All residual weed material shall be safely removed from the premises. The City Clerk, Chief of Police or their designee may cause notice to be issued by certified mail or by personal service to the owners or occupants of such premises, describing with particularity the property in questions, 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. The notice may designate a maximum of three (3) specific dates by which the weeds need to be cut. If Ordinance - Page 1 dsc chbbck05.246 multiple dates are given in the notice, the appeal riaht shall run from the date the notice is received. ~ .... ~A~ ~A--~A~ ~ ...... ~--~ Within seven (7) days of receipt of the notice, each owner or occupant so notified may file with the City Clerk a written appeal, which shall be decided by the City Council at its next regular meeting. The time period specified in the notice shall be tolled during the pendency of the appeal. If no appeal is filed or "~ ~-- ~ ~- ~ ~ the Mayor may 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 whereon the weeds are situated, in accordance with the provisions of Section 50-1008 of the Idaho Code. Such assessment shall include, in addition to the costs of physically removing the weeds from the premises, a fee of one hundred fifty dollars as reimbursement of the City's administrative cost in enforcing the provisions of this chapter and removing the weeds from the premises. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 8.04 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a Ordinance - Page 2 dsc chbbck05.246 reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ATTEST: CITY CLERK 25thday of JUNE , 1991. Ordinance - Page 3 dsc chbbck05.246