Legals for January, 12 2024
STATE TIMBER SALE CR300730, HUCKLEBERRY GROUSE A public oral auction will be conducted at the Idaho Department of Lands office, 1806 Main Avenue, St. Maries, ID 83861, at 1:00 p.m. local time, on Thursday, January 18, 2024 for an estimated 6,770 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Idaho Department of Lands, or a bid bond acceptable to the State, in the amount of $83,933.85 which is 10% of the appraised net sale value of $839,338.50. The successful bidder’s deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price is $154.35 per MBF. The sale is located within Section 36, Township 45N, Range 02E, Section 6, Township 44N, Range 03E, and Section 30, Township 45N, Range 03E, B.M., Shoshone County, State of Idaho. Sale duration is 5 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department’s timber sale website at Timber Sale Advertisement App - Department of Lands (idaho.gov) or from the Idaho Department of Lands office, St. Maries, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 245-4551 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. SHOLegal#4642 AD#17888 December 22, 29, 2023; January 5, 12, 2024 _________________________
STATE TIMBER SALE CR300706, RETIRED SAWING CEDAR A public oral auction will be conducted at the Idaho Department of Lands office, 1806 Main Avenue, St. Maries, ID 83861, at 2:00 p.m. local time, on Thursday, January 18, 2024 for an estimated 8,525 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Idaho Department of Lands, or a bid bond acceptable to the State, in the amount of $199,270.20 which is 10% of the appraised net sale value of $1,992,702.00. The successful bidder’s deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price for Cedar is $679.50 per MBF and for Non-Cedar is $118.39. The sale is located within Sections 3, 4, & 10, Township 41N, Range 05E; and Section 33, Township 42N, Range 05E, B.M., Clearwater/Shoshone Counties, State of Idaho. Sale duration is 4 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department’s timber sale website at Timber Sale Advertisement App - Department of Lands (idaho.gov)or from the Idaho Department of Lands office, St. Maries, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 245-4551 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. ShoLegal# 4643 AD# 17929 December 22, 29, 2023, January 5, 12, 2024 _________________________
SUMMONS To: ELIZABETH ALEXANDROVICH You have been sued by FC MARKETPLACE, LLC, the Plaintiff, in the FIRST District Court in and for KOOTENAI COUNTY, Idaho, Case No. CV28-23-3366. The nature of the claim against you is collection of money owed by you. Any time after 21 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 501 Government Way, Coeur d’Alene, ID, telephone (208) 466-1160,, and served a copy of your response on the Plaintiff’s attorney MICHAEL J. ARCHIBALD, #8476 at M2 Law Group PC, P.O. Box 330, Meridian, ID 83680, telephone (208) 336-3331. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. Dated: 12/12/2023 10:18:58 AM /s/JENNIFER LOCKE KOOTENAI COUNTY District Court By /s/Alyssa Maryott Deputy Legal# 11779 AD# 17931 December 22, 29, 2023; January 5, 12, 2024 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV-28-23-7548 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Jaden Tyler Blake, A petition to change the name of Jaden Tyler Blake, now residing in the City of Post Falls, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Jaden Blake Graves. The reason for the change in name is: Taking my biological fathers last name. A hearing on the petition is scheduled for 1:30 o’clock p.m. on 2/12/2024 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: 12/26/2023 /s/Jennifer Locke CLERK OF THE DISTRICT COURT /s/ Mary Seevers Deputy Clerk Legal# 11807 AD# 18094 December 29, 2023, January 5, 12, 19, 2024 _________________________
Legal Notice Post Falls Mini Storage, 2842 W. Seltice Way Post Falls, ID Announces the public sale of the following storage unit of personal property to satisfy a lien for non-payment of rent due: Unit# 525 Name: Rodney Malcolm Address: 1170 W. Prairie Ave. Sp. 30 Coeur d’Alene, ID 83815 Sale will be held online through Auction Depot @auctiondepot.com starting January 14, 2024 Dated this 1st day of January, 2024 Shelle Franceschini & William Starkweather Owners Legal#11827 AD#18252 January 5, 12, 2024 _________________________
Legal Notice Post Falls Mini Storage, 2842 W. Seltice Way Post Falls, ID Announces the public sale of the following storage unit of personal property to satisfy a lien for non-payment of rent due: Unit# 535 Name: Fred Quillen Address: 6491 E. Seltice Way Post Falls, ID 83854 Sale will be held online through Auction Depot @auctiondepot.com starting January 14, 2024 Dated this 1st day of January, 2024 Shelle Franceschini & William Starkweather Owners Legal#11828 AD#18253 January 5, 12, 2024 _________________________
NOTICE TO CREDITORS CASE NO. CV40-23-0544 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE In the Matter of the Estate of: BETTY E. ANDERSON, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the Decedent, or the Estate are required to present their claims within FOUR (4) MONTHS after the date of the first publication of the Notice to Creditors, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 5th day of December 2023. /s/HOLLY SCHRAMM Personal Representative C/o LAKE CITY LAW FIRM, PLLC 435 W. Hanley Avenue, Suite 101 Coeur d’Alene, ID 83815 SHOLegal#4650 AD#18255 January 5, 12, 19, 2024 _________________________
NOTICE OF APPLICATION Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Phase II Canal Twin Lakes Inc. made application to dredge a side canal in Twin Lakes. Located adjacent to Govt Lts 4 & 6, Twin Lakes; Sections 31, Township 53 North, Range 04 West; B.M., in Kootenai County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 3258 W. Industrial Loop, Coeur d’Alene, ID 83815 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Amidy Fuson, Lands Resource Specialist - Navigable Waters, at the above address or by calling (208) 769-1577. /S/ Andrew Smyth, Area Manager of Mica Idaho Department of Lands Legal#11829 AD#18256 January 5, 12, 2024 _________________________
NOTICE TO CREDITORS (I.C. § 15-3-801) NO. CV28-23-7925 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In re the Matter of the Estate of: DIANE WILLIAMS, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named Decedent. All persons having claims against the Decedent or the estate are required to present their claims within FOUR (4) MONTHS after the date of the first publication of this Notice to Creditors or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of Court. WITNESS, my signature and the Seal of this Court, this 29 day of DECEMBER, 2023. /s/Steven P. Collins, Personal Representative c/o Riverside Northwest Law Group, PLLC 905 W. Riverside Ave., Ste. 208 Spokane, WA 99201 Legal#11830 AD#18274 January 5, 12, 19, 2024 _________________________
NOTICE TO CREDITORS CASE NO. CV40-23-0629 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE In the Matter of the Estate of: JERRY L. HAGAMAN, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the Decedent, or the Estate are required to present their claims within FOUR (4) MONTHS after the date of the first publication of the Notice to Creditors, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 28th day of December 2023. /s/JOSEPH HAGAMAN, Personal Representative c/o LAKE CITY LAW FIRM, PLLC 435 W. Hanley Avenue, Suite 101 Coeur d’Alene, ID 83815 SHOLegal#5840 AD#18504 January 12, 19, 26, 2024 _________________________
STATE TIMBER SALE CR225081, STATELINE CABLE A public oral auction will be conducted at the Idaho Department of Lands office, 3258 W. Industrial Loop, Coeur d’Alene, ID 83815, at 9:00 a.m. local time, on Wednesday, February 7, 2024 for an estimated 2,930 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Idaho Department of Lands, or a bid bond acceptable to the State, in the amount of $49,090.20 which is 10% of the appraised net sale value of $490,902.00. The successful bidder’s deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price is $190.91 per MBF. The sale is located within Section 36, Township 50N, Range 06W, B.M., Kootenai County, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department’s timber sale website at Timber Sale Advertisement App - Department of Lands (idaho.gov) or from the Idaho Department of Lands office, Coeur d’Alene, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 769-1577 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. Legal#11864 AD#18509 January 12, 19, 26, February 2, 2024 _________________________
City of Pinehurst 2022/2023 Street Certification Report Fund Balance 10/1/22 374,780. REVENUE General Fund Transfer 42,033. Highway User Fund 80,768. Misc. Receipts 4,223. All Other State Revenues 24,535 LHTAC/LHRIP Grant CC Lane 94,015. EXPENSES Administrative 96,709. Routine Maintenance 26,641. Road Construction/Replacement 136,835. Equipment Maintenance 11,755. Street Lights 20,794. Engineering Services 15,469 Sidewalk Grant Project 235,305. Funds Obligated for Future Projects 76,846. Fund Balance 9/30/23 0. I certify the above to be a true and accurate report of the street fund for FY 2022/2023 S/ Russ Lowe, Mayor Attest: Carla Ross, City Clerk SHOLegal#4654 AD#18523 January 12, 2024
CITY OF PINEHURST QUARTERLY FINANCIAL REPORT Period Ending 12/31/2023 FY 2023-2024 YTD YTD YTD % of FUND BUDGET RECEIPTS SALARIES EXPENSES Budget General 710,534 76,703 36,861 54,897 13% Streets 319,006 39,390 22,641 23,886 15% TOTAL 1,029,540 116,093 59,502 78,783 Citizens are invited to inspect the detailed supporting records of the above financial report at the Pinehurst City Hall. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to this financial report, please contact the City Clerk at 682-3721. Carla Ross City Clerk SHOLegal#4655 AD#18525 January 12, 2024
PUBLIC NOTICE JAIL GENERATOR UPGRADE 5500 N GOVERNMENT WAY, COEUR D’ALENE, ID 83815 SPECIFICATION NUMBER RFQ 2024-SH0220 Kootenai County is seeking responses for design, engineering, and construction support services for upgrade of the standby generator system for the Kootenai County Sheriff’s Office Campus. Pre-response meeting will be held January 31, 2024 at a time and location to be determined. Sealed responses will be received by Kootenai County Board of Commissioners at 451 N. Government Way, Coeur d’Alene, Idaho until 2:00 PM Pacific Time on February 20, 2024. The scope of work is outlined in the Request for Qualifications. The successful respondent shall meet the terms and conditions set forth in the RFQ and all appendices included therein. Responses, if mailed, shall be submitted in a sealed envelope to: Kootenai County Board of Commissioners, ATTN: Kaitlin Smith, 451 North Government Way, P.O. Box 9000, Coeur d’Alene, Idaho, 83816-9000. If hand delivered, responses shall be submitted in a sealed envelope to: Kootenai County Board of Commissioners, ATTN: Kaitlin Smith, 451 North Government Way, 3rd Floor, Coeur d’Alene, Idaho 83814. The specification number, date, and time of submission must clearly appear on the face of the submission. An Evaluation Committee shall select, in order of preference and based on the criteria established, a shortlist of one or more Respondent Teams deemed to be the most qualified to provide the services required. The selection of the shortlist must be based on demonstrated competence and qualifications only. Fees, price, man-hours, or any other cost information may not be considered in the selection of the shortlist. Kootenai County reserves the right to accept any response, or to reject any and all responses. Any contract resulting from the RFQ shall be subject to a financial assistance agreement between Kootenai County and the United States Department of the Treasury. The successful respondent shall comply with all applicable laws and regulations for federally-funded projects, and shall certify that it is not on the Comptroller General’s list of ineligible contractors or otherwise debarred from contracting by any federal, state, or local public entity. Kootenai County is an Equal Opportunity Employer, and encourages small and minority businesses, women’s business enterprises, and labor surplus area firms to participate in the competitive process. To request a copy of the RFQ, or to request information in an alternative format, please contact Kaitlin Smith at (208) 446-1619 or ksmith@kcgov.us. Legal#11866 AD#18527 January 12, 19, 2024 _________________________
NOTICE TO CREDITORS Case No.: CV28-23-8078 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE ESTATE OF ROSA MAE SWINGLEY DECEASED. NOTICE IS HEREBY GIVEN that Marilyn Campbell has been appointed Personal Representative of the Estate of the above-named Decedent. All persons having claims against the Decedent or the Estate are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 8th day of January 2024. /s/Kurt Schwab Attorney for Personal Representative. ISBN: 9210 POST FALLS ESTATE PLANNING RATHDRUM ESTATE PLANNING P.O. Box 1310 Rathdrum, Idaho 83858 Ph. 208.508.1930 Kurt@PostFallsEstatePlanning.com For Service: Service@PostFallsEstatePlanning.com Attorney for Marilyn Campbell, Personal Representative. Legal#11867 AD#18528 January 12, 19, 26, 2024 _________________________
NOTICE OF SALE OF ABANDONED VEHICLE Registered/Legal lien holders: R/O NAME ANDRENA LUNCEFORD ADDRESS 5903 N ADDISON ST CITY, STATE, ZIP SPOKANE, WA 99208-1102 LIEN HOLDER NAME NORTHWEST TITLE LOANS ADDRESS 4005 W RIVERBEND AVE CITY, STATE, ZIP POST FALLS, ID 83854-8149 THAT ON THE 9TH OF FEBRUARY 2024 AT 2:00 PM, THE COEUR D’ALENE POLICE DEPARTMENT, 3818 SCHREIBER WAY, COEUR D’ALENE, KOOTENAI COUNTY, IDAHO, WILL SELL TO THE HIGHEST BIDDER FOR CASH, IN LAWFUL MONEY OF THE UNITED STATES, AT THE TIME OF THE SALE, THE FOLLOWING PROPERTY WHICH IS LOCATED AT AND DESCRIBED AS FOLLOWS: YEAR: 2014 MAKE: CHEV MODEL: CRUZE VIN: 1G1PC5SBXE7207536 STORED AT: SCHAFFERS TOWING, 5711 N GOVERNMENT WY, COEUR D’ALENE, ID 83815 LIEN AMOUNT: $954.00 TOWING & STORAGE CHARGES THIS SALE WILL BE MADE TO SATISFY LIENS, WHICH WERE INCURRED AS A RESULT OF TOWING AND STORAGE OF THE ABOVE-DESCRIBED VEHICLE. MINIMUM BID IS THE LIEN AMOUNT. SEALED BIDS WILL BE ACCEPTED AT THE COEUR D’ALENE POLICE DEPARTMENT, 3818 SCHREIBER WAY, COEUR D’ALENE, IDAHO, 83815 UNTIL 2:00 PM, ON THE 9TH DAY OF FEBRUARY 2024. BIDS WILL BE OPENED AT THAT TIME AND THE HIGHEST BIDDER NOTIFIED. DATED THIS 9TH DAY OF JANUARY 2024 AGENCY: COEUR D’ALENE POLICE DEPARTMENT 3818 SCHREIBER WAY COEUR D’ALENE, ID 83815 CITY: COEUR D’ALENE, IDAHO By: JG SUPPORT SERVICES Legal#11868 AD#18529 January 12, 19, 2024
NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that on May 8, 2024 at the hour of 9:00 AM of said day, at the Veteran’s Memorial Plaza, 451 Government Way, Coeur D’Alene, ID 83815. The Trustee will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following described real property situated in the County of Kootenai, State of Idaho, and described as follows, to-wit: THAT PORTION OF LOT 9, LYING WESTERLY OF A LINE LYING PARALLEL WITH AND 45 FEET EASTERLY, FROM, MEASURED AT RIGHT ANGLES TO THE LOT LINE COMMON TO LOTS 8 AND 9, AND THAT PART OF LOT 98, LYING EASTERLY OF A LINE LYING PARALLEL WITH AND 9 FEET WESTERLY FROM, MEASURED AT RIGHT ANGLES, TO THE LOT LINE COMMON TO LOTS 8 AND 9, ALL IN FIRST ADDITION TO CARROLL’S CAVE BAY HOMESITES, ACCORDING TO THE PLAT RECORDED IN BOOK “E” OF PLATS AT PAGE 38, RECORDS OF KOOTENAI COUNTY. more accurately described as: THAT PORTION OF LOT 9, LYING WESTERLY OF A LINE LYING PARALLEL WITH AND 45 FEET EASTERLY, FROM, MEASURED AT RIGHT ANGLES TO THE LOT LINE COMMON TO LOTS 8 AND 9, AND THAT PART OF LOT 8, LYING EASTERLY OF A LINE LYING PARALLEL WITH AND 9 FEET WESTERLY FROM, MEASURED AT RIGHT ANGLES, TO THE LOT LINE COMMON TO LOTS 8 AND 9, ALL IN FIRST ADDITION TO CARROLL’S CAVE BAY HOMESITES, ACCORDING TO THE PLAT RECORDED IN BOOK “E” OF PLATS AT PAGE 38, RECORDS OF KOOTENAI COUNTY. The Seller has no knowledge of a more particular description of the above described real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the street address of 6760 W Brigantine Drive, Worley, ID 83876, may sometimes be associated with said real property. Said sale will be made, without covenant or warranty regarding title, possession or encumbrances, to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust made and entered into on April 6, 2007, by and among Gavin M. Burns single man, as his sole & separate property., as Grantor, and North Idaho Title, as Trustee, and Mortgage Electronic Registration Systems, Inc. as nominee for Acceptance Capital Mortgage Corporation, as Beneficiary; said Deed of Trust having been filed of record on April 11, 2007 as Instrument No. 2093383000, Official Records of Kootenai County, Idaho. The naming of the above Grantor(s) is done to comply with Idaho Code Section 45- 1506(4)(a); no representation is made as to the responsibility of Grantor(s) for this obligation. The default for which the sale is to be made is that Grantor(s) have failed to pay one or more monthly installment payments under a deed of trust note dated April 6, 2007, secured by the above mentioned Deed of Trust, together with accruing late charges, plus any other charges lawfully due under the note, deed of trust, and Idaho law. The balance owing as of 01/01/2024 on the obligation secured by said Deed of Trust is the amount of $767,189.28; plus service charges, late charges, and any other costs or expenses associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. Dated this 10 day of January, 2024. /s/Brian G. Sayer Legal#11869 AD#18540 January 12, 19, 26, February 2, 2024 _________________________
NOTICE TO CREDITORS Case No. CV28-23-7552 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In the Matter of the Estates of: DAN PASCHALL, and CHRISTINE PASCHALL, Deceased. NOTICE IS HEREBY GIVEN that Sean Paschall has been appointed personal representative of the above-named decedents. All persons having claims against the decedents, or their estates are required to present their claims within four months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to: Sean Paschall PO BOX 51664 Sparks, NV 89434 And the same must be filed with the Clerk of the Court in the District Court for the First Judicial District, County of Kootenai, State of Idaho. Dated this 20th day of December 2023 /s/Robert J. Green Attorney for the Personal Representative Kootenai Law Group, PLLC 2100 Northwest Blvd., Suite 110 Coeur d’Alene, ID 83814 Tel: (208) 765-6555 Fax: (888) 966-0190 Robert@KootenaiLaw.com, IBN 8473 Legal#11870 AD#18543 January 12, 19, 26, 2024 _________________________
SUMMARY OF ORDINANCE NO. 305 A SUMMARY OF ORDINANCE NO. 305, REVISING, CODIFYING, AND COMPILING THE CODE OF ORDINANCES, CITY OF OSBURN, IDAHO NOW IN FULL FORCE IN THE CITY OF OSBURN, IDAHO; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN BUT WHICH HAVE BEEN DEEMED SUPERFLUOUS TO THE CODE; PROVIDING FOR REVISIONS MODERNIZING THE CODE; PROVIDING A REVISED PENALTY FOR VIOLATION OF THE CODE; PROVIDING FOR THE MANNER OF AMENDING SUCH PENALTIES FOR VIOLATION OF THE CODE; AND PROVIDING WHEN SUCH REVISED CODE AND THIS ORDINANCE NO. 305 SHALL BECOME EFFECTIVE. Section 1. The Code entitled “Code of Ordinances, City of Osburn, Idaho,” or the “Code” published by Municode, consisting of Chapters 1 through 36, each inclusive, shall be adopted, passed, published, and declared to be the compiled ordinances of the City of Osburn, Idaho, pursuant to Chapter 9, Title 50 of the Idaho Code, as amended, empowering any Idaho city to revise, codify and compile its ordinances. Section 2. All ordinances of a general and permanent nature enacted on or before July 12, 2022, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule, or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed six (months, or to both such fine and imprisonment). Except as otherwise provided: (i) with respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense; and (ii) as to other violations, each act is a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Additions and amendments to the Code’s Definitions, Building Codes, and Zoning chapters for modernization and clarity. Section 7. Additions and amendments to the Code removing ordinances that are duplicative of or superseded by Idaho Code. Section 8. Ordinances adopted after July 12, 2022, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Ordinance No. 305 provides for the revision, codification, and compilation of the Code of Ordinances, City of Osburn, Idaho and amendment of conflicting code on the effective date of the Ordinance, which requires: (1) the approval of the City Council of the City of Osburn at a regular meeting, and (2) upon publication of this Summary in one (1) edition of the Shoshone County News Press, a newspaper published in the City of Osburn, County of Shoshone, State of Idaho and having general circulation in the City of Osburn. This Summary was adopted for publication pursuant to Idaho Code, Section 50-901A and was passed and approved by the City Council of the City of Osburn, Idaho under a suspension rule (Idaho Code, Section 50-902) upon which a roll call vote was duly taken at a regular meeting of the City Council of the City of Osburn, held on the 9th day of January 2024. The full text of Ordinance No. 305 is available for review by any citizen at City Hall. The City Clerk shall provide the full text of Ordinance No. 305 upon personal request. The City Attorney has filed a Statement with Ordinance No. 305 that this Summary is a true and complete Summary of Ordinance No. 305 and provides adequate notice to the public of the contents of Ordinance No. 305. DATED this 9th day of January, 2024. /s/Kip McGillvray, Mayor ATTEST: /s/Devon Martindale, Clerk The above summary is true and complete and provides adequate notice to the public. This summary and statement shall be filed with Ordinance No. 305. /s/Laura K. Markham Ramsden, Marfice, Ealy & De Smet, LLP Attorneys for the City of Osburn SHOLegal#4656 AD#18546 January 12, 2024 _________________________