HomeMy Public PortalAboutORD 243-07-20_Landowners Liability_07212020Inslrumenl ~ 1650007
Bonneville County~ Idaho Falls , Idaho
07 /31/2020 02 :02 :00 PM No . of Pages : 2
Recorded for : CIT Y OF IONA _y' JAA
Penny Manning Fee : $0 00 'l',,/VV......_, Ex -Officio Recorder Deputy __________________________ _
Index to : ORDINANC E
ORDINANCE NO. 243-07-20
AN ORDINANCE OF THE CITY OF IONA , IDAHO ;
ENACTING A NEW SECTION 8-3-14 OF THE IONA CITY
CODE ; ESTABLISHING LANDOWNER 'S LIABILITY FOR
REMOVAL OF ENCROACHMENT OR INTERFERENCE WITH
PUBLIC OR UTILITY RIGHT-OF-WAY; DESCRIBING
METHODOLOGY ; PROVIDING FOR SEVERABILITY ; AND
ESTABLISHING AN EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA ,
IDAHO THAT:
Section 1. Enactment of a New Section 8-3-14 of the Iona City Code. A new
section, denoted Section 8-3-14 , of the Iona City Code is enacted as follows:
COSTS OF REMOVAL. If any private fence, pipe, pavement, structure, building, appurtenance,
or other property encroaches upon or interferes with any public, governmental, or utility property,
right-of-way, easement, or other property interest, the property owner of the property and/or
associated real property shall be liable for the actual costs of removing the encroaching or
interfering property if:
(A) Such removal is reasonably necessary to the public, governmental, or utility entity 's
exercise of its property, right-of-way, easement, or other property interest; and
(B) The public, governmental, or utility entity provides written notice to the property owner at
least 72 hours before removing the encroachment or interference, which notice must: (1)
reference this Section, (2) state the date and time the removal is scheduled to take place,
and (3) state that the property owner will be required to pay the actual costs of removing
the encroaching or interfering property unless the property owner removes the property
before the date and time stated in the notice .
Section 2. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section , and text that is stricken through means
text that is being deleted from the former Ordinance or Code Section. Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text , being stricken through in its prior position.
Section 3. Severability. The sections and subsections of this Ordinance are severable .
The invalidity of any section or subsection shall not affect the validity of the remaining sections or
subsections.
Section 4. Effective Date. This Ordinance shall become effectiv e upon its passage ,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this &\ §±_
of0~ , 2020.
Dan Gubler
Mayor
day
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO , DO HEREBY
CERTIFY: That the above and foregoing is a full , true and correct copy of the Ordinance entitled ,
"AN ORDINANCE OF THE CITY OF IONA , IDAHO ; ENACTING A NEW SECTION 8-3-14
OF THE IONA CITY CODE ; ESTABLISHING LANDOWNER'S LIABILITY FOR
REMOVAL OF ENCROACHMENT OR INTERFERENCE WITH PUBLIC OR UTILITY
RIGHT-OF-WAY ; DESCRIBING METHODOLOGY ; PROVIDING FOR SEVERABILIT Y ;
AND ESTABLISHING AN EFFECTIVE DATE."
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Keri West
City Clerk