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0591 Materials Control 2004CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 91 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 16.16.030 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE AN ADMINISTRATIVE CHARGE OF ONE HUNDRED DOLLARS FOR THE FIRST TIME THE CITY MUST REMEDIATE DUST OR SPILLAGE OF DIRT, MUD, BUILDING MATERIALS AND WASTE ARTICLES ONTO CITY STREETS FROM ADJACENT PROPERTIES, A TWO HUNDRED FIFTY DOLLAR CHARGE FOR THE SECOND TIME WITHIN A TWELVE MONTH PERIOD AND A FIVE HUNDRED DOLLAR CHARGE FOR THE THIRD AND ANY SUBSEQUENT TIMES WITHIN A TWELVE MONTH PERIOD; PROVIDING FOR THE APPEAL OF ANY CHARGE TO THE CHUBBUCK CITY COUNCIL; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 16.16 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. Section 16.16.030 is amended as follows: 16.16.030 Dust, Dirt And Materials Control: All graded surfaces and construction sites shall be dampened to prevent dust or otherwise suitably contained to prevent dust or spillage of dirt, mud, building materials and waste articles onto City streets or adjacent properties. Equipment, materials and roadways on site shall be used or treated so as to cause the least possible annoyance due to dust conditions. Mud, dirt and other waste shall be removed from the street the same workday such may have been deposited so as to prevent damage to the City storm water drainage system and abate dust. Violations of this Section not so remediated by the contractor may be remediated by the City at the contractor's expense. If the City must 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and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.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 16.16 not herein amended shall remain in full force and effect. Ordinance - Page 1 chubbuck08.02a 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 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 12th day of OCTOBER , 2004. 44 l _ -4 k- -1�4 I Johri • •' ATTEST: gi2�2 �&� Ron Conlin, CITY CLERK Ordinance - Page 2 chubbuck08.02a