Resolution #2009-3 Declaring a Nuisance

STATE OF IDAHO, CITY OF GEORGETOWN
RESOLUTION NO. 003-2009

A RESOLUTION DECLARING THE RESIDENCE LOCATED AT 546 MAIN STREET A NUISANCE; PROVIDING FOR THE REMEDY OF THE SAME BY THE OWNER; ALSO PROVIDING FOR CITY OFFICIALS TO REMEDY SAID NUISANCE UPON THE OWNER’S FAILURE TO DO SO; AND PROVIDING FOR REIMBURSEMENT OF SAME.

Whereas, upon information from the citizens of Georgetown that the residence located at 546 Georgetown was a hazard and a danger to the health and welfare of the citizens of Georgetown, the City of Georgetown conducted an investigation of the home located at 546 Main Street;

Whereas, upon investigation of the home, it was determined the doors were unlocked, the home was not secure, and that there were multiple cans of garbage and other debris in the yard;

Whereas, upon investigation it was determined that there was food rotting inside an abandoned refrigerator left in the yard of the property, and that the refrigerator had not been secured in any way;

Whereas, a public hearing was conducted on December 2, 2009, and comment heard regarding whether the home should be declared a nuisance;

Whereas, following said public hearing and investigation it being determined that the current condition of the home represents a hazard and danger to the citizens of Georgetown; and

Whereas, the garbage, and rotten food lying in the yard presents a health and safety hazard as it can an does attract vermin and other pests;

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF GEORGETOWN, COUNTY OF BEAR LAKE, STATE OF IDAHO, AS FOLLOWS:

Section 1: The home located at 546 Main Street represents a public nuisance, and is a threat and a danger to the public health and safety;

Section 2: The nuisance can be and should be abated by locking and securing the home located at 546 Main Street, and by removing the garbage and/or other items, including the rotten food from the premises;

Section 3: Notice shall hereby be given to the owners of the home located at 546 Main Street, to abate said nuisance, and that the owners should be given thirty (30) days to do so;

Section 4: That if said nuisance has not been abated within the time prescribed, that the city officials shall take whatever measures are necessary to remedy the same;

Section 5: If city officials are required to perform any such work, that the owners of the residence be billed for the labor required to abate said nuisance, including but not limited to placing a lien on the home of the owners’ property.

PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this 10th day of December, 2009.

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Albert K. Johnson, Mayor

ATTEST:

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Marty Nate, City Clerk