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0288 Weed Abatement 1986CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 288 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTION 8.04.030 OF THE CHUBBUCK MUNICIPAL CODE; ADDING A NEW SECTION 8.04.030 PROVIDING FOR THE ABATEMENT OF VIOLATIONS OF THE WEED CONTROL PROVISIONS OF CHAPTER 8.04 AND PROVIDING FOR THE ASSESSMENT OF THE COST OF SUCH ABATEMENT AGAINST THE PREMISES WHEREON THE WEEDS ARE SITUATED; 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. Abatement of Violations of ~hapter 8.04 of the Chubbuck Municipal Code. Section 8.04.030 of the Chubbuck Municipal Code is hereby repealed in its entirety. There is hereby added to the Chubbuck Municipal Code a new Section 8.04.030, 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 of 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 to the owners or occupants of such premises, describing with particularity 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. Before the specified period has expired, 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 no~tice shall be tolled during the pendency of the appeal. If no appeal is filed or if the city council confirms the decision of the clerk, chief of police or their designee that said weeds constitute a violation of this Chapter, 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 Ordinance - Page 1 9Q-65 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 $150.00 as reimbursement of the City's administrative cost in enforcing the provisions of this Chapter and removing the weeds from the premises. Section 2. 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 3. 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 4. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a 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 26th day of AUGUST , OF CHUBBUCK, IDAHO, this 1986. ~4AYOR ATTEST: CITY CLERK Ordinance - Page 2 9Q-65