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0143 Weed Control 1975 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DECLARING WEEDS LOCATED WITHIN THE CORPOP~TE LIMITS OF THE CITY OF CHUBBUCK TO BE A NUISANCE; DEFINING "WEEDS" FOR THE PREMISES AND AUTHORIZING SUCH DESTRUCTION BY THE CITY, UPON DUE NOTICE, AT OWNER'S EXPENSE; MAKING WILLFUL FAILURE TO DESTROY WEEDS, FOLLOWING DUE NOTICE, A MISDEMEANOR; PROTECTING THE REMAINING PROVISIONS OF THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID; REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. SECTION 1. In order to secure the health and welfare of the inhabitants of the City of Chubbuck, the City, exercising the · power granted by Idaho Code S 50-334, does hereby declare the existence of weeds, as herein defined, a nuisance. SECTION 2. For the purpose of this Ordinance, the word "weeds" shall mean all rank vegetable growth of no commercial value, rising more than one foot above the ground, which emits unpleasant and noxious odors, which conceals animal waste or other unsanitary substances in quantities representing a hazard to health, or which Iconstitutes an imminent fire hazard under arid conditions. SECTION 3. 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 or Chief of Police may cause notice to be issued iiby certified mail to the owners or occupants of such premises, describing wi~hparticularity 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 ithan 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 notice shall be tolled during the pendency of the appeal. If no appeal is filed or if the appeal is denied, and the weelds in question still exist upon expiration of the specified time period, the City Council may authorize the Mayor by resolution to cause the weeds to be removed by employees of the City or by others whom the M~yor 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 were situated. SECTION 4. The willful failure by any owner or occupant of premises upon which weeds are located, to destroy the same upon receiving due notice as provided herein, shall be unlawful and punishable as a misdemeanor. Each day that such violation continues shall be deemed to be a separate offense. Prosecution of such an offense may be separate from and in addition to the exercise by the City of its power to abate the nuisance as provided above. SECTION 5o If any section, paragraph, clause or provision of this ordinance should be held invalid by any court of com- petent jurisdiction, for any reason, such holding shall not affect the validity or enforceability of any of the remaining provisions herein. SECTION 6° All prior ordinances and parts thereof, which conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. SECTION 7. This ordinance shall become effective upon its approval and publication as provided by lawo -2- Idaho, this .... ~? ~day of PASSED BY THE MAYOR AND COUNCIL of the City of Chubbuck, ATTEST: ~:" ~.Z..~..~ ~-~. City Clerk -3-