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SUMMARY OF

| April 6, 2006 9:00 PM

CITY OF EAST HOPE

ORDINANCE NO. 235

The City of East Hope, Idaho, at its regular meeting on March 14, 2006, adopted this ordinance which has a short title of the "Fire Control Ordinance."

In addition to the foregoing, a summary of the principal provisions of the ordinance is that the ordinance provides for the following: Intent and purpose, definitions, declaration of dangerous fire fuel as a public nuisance, city's duties, landowner's and land occupier's duties, and city's powers; violations and penalties; notice and orders by city fire superintendent; a right to appeal and procedure for conducting hearings of appeals; enforcement of the orders of the city fire superintendent or the board of appeals; performance of work, and recovery of costs and fees of eradication; and, severability, an effective date and publication.

The following provisions, relating to penalties concerning real property, are hereby published in full:

Section 8. Violations and Penalties:

A. Any person knowing of the existence of any dangerous fire fuels on lands owned or controlled by him who fails to control such fire fuel in accordance with this ordinance, or who prevents or threatens to prevent entry upon land as provided in this ordinance, or who interferes with the carrying out of the provisions of this ordinance, or who violates any of the provisions of this ordinance, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed three hundred dollars ($300.00) or up to six months in jail, or both such fine and imprisonment or each violation.

B. The City fire superintendent, or the City fire chief, may bring an action to enforce the provisions for this ordinance and the penalty provided for under this Section.

C. Penalties relating to abatement:

1. In addition to subsection A of this Section, any person, firm, or corporation who owns or occupies any lot, tract, or parcel of land and fails to abate within the time period required by the various sections of this ordinance, after service of notice, shall be liable for a civil penalty in the amount of one hundred dollars ($100.00).

2. If abatement of the same type of nuisance is required by the City a second time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of two hundred dollars ($200.00).

3. If abatement is required by the City a third time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of three hundred dollars ($300.00).

The effective date of the ordinance is as of its publication.

The full text of Ordinance No. 235 is available at the City Hall located at 505 Wellington, East Hope, Idaho 83836.

APPROVED this 14th day of March, 2006.

City of East Hope

By: L.G. Moon, Jr., Mayor

Attest:

Christy Franck, City Clerk

Legal SNP#7744

April 5, 2006