Chapter 8.07 NUISANCE ABATEMENT

Chapter 8.07
NUISANCE ABATEMENT

Sections:

Prior legislation: Ord. 00-07.

8.07.010 Code enforcement officer.

An employee of the city shall be selected as a code enforcement officer and shall be sworn in as required by law and designated to perform the duties identified in this chapter for a code enforcement officer (“officer”). [Ord. O-15-2001 § 1; Ord. O-10-2001 § 1].

8.07.020 Weeds and other refuse.

A. Responsibility to Keep Property Clean. It is unlawful for any person, corporation, partnership or legal entity owning or occupying real property in the city to let the height of weeds on such property grow beyond the maximum permitted, or to fail to remove from the property any such weeds or refuse, dog manure or waste, unsightly or deleterious objects or structures, after having been given written notice by the city.

B. Weed Control Standards. Weeds shall not be permitted to reach a height of more than six inches at any time or to otherwise create a fire hazard to structures or habitat for disease, insect vectors, or vermin. As used in this chapter, the term “weeds” means plants which are unwanted in the location where they are growing and which are not a part of landscaping, xeriscaping, or native plant landscaping. The term “weeds” also includes noxious weeds which are described under the Utah Noxious Weed Act, defined by the State Weed Committee of the state of Utah and by Utah County. In addition, the following plants are designated as noxious weeds by Eagle Mountain City:

1. Kochia (Kochia scoparia);

2. Russian thistle (Salsola tragus);

3. Jim Hill mustard (Sisymbrium altissimum);

4. Cheatgrass (Bromus tectorum);

5. Bur buttercup (Ceratocephala testiculata);

6. Tausi mustard.

C. Examination of Property for Compliance. The examination and investigation authorized by this section shall not include physical entry to private property in the city, unless probable cause exists to believe that a violation of this chapter is present. The officer of the city is authorized to make observations based on conditions in plain view from public property or from the property of a complaining witness and nothing in this section shall be construed to prevent the officer from entering on property to deliver a notice to the occupant of the property.

D. Violation – Notice to Owner. Upon a determination that a violation of the provisions of this section exists, the officer shall ascertain the name of the owner and a description of the premises where the violation exists. The officer shall serve notice in writing upon the owner or occupant of such property, either personally or by certified mail, postage prepaid, addressed to the owner or occupant at the last known post office address as disclosed by the records of the county assessor, requiring such owner/occupant, as the case may be, to eradicate, destroy or remove the weeds, refuse, objects or structures causing the violation within such time as the officer may designate, which shall be no less than 10 days from the date of service of such notice.

E. Civil Penalties.

1. Determination of Civil Penalties

a. Civil penalties shall be assessed per violation per day at the rate established in the Eagle Mountain City consolidated fee schedule.

b. Civil penalties shall continue to accrue until the violation(s) has/have been brought into compliance with the city code or applicable state codes.

2. Modifications of Civil Penalties.

a. Upon completion of the notice of violation or administrative enforcement order, the administrative law judge may modify the civil penalties on a finding of good cause.

b. Civil penalties may be waived or modified by the administrative law judge if there is finding of good cause based on the responsible person’s claim of nonconforming use or conditional use and:

i. The city’s need to verify the claim; or

ii. The responsible person’s filing of an application for either use before expiration of the date to correct.

F. Property Cleaned by City When – Costs.

1. If any owner or occupant of property described in the notice provided in this section fails to eradicate or destroy and remove such weeds, refuse, dog manure or waste, objects or structures in accordance with such notice, the officer is authorized to employ necessary assistance and cause such weeds, refuse, dog manure or waste, objects or structures to be destroyed or removed at the expense of the city.

2. The officer shall prepare an itemized statement of all expenses incurred in the removal and destruction of same and shall mail a copy thereof to the owner demanding payment within 20 days of the date of mailing. Such notice shall be deemed delivered when mailed by registered mail and addressed to the last known address of the property owner.

3. Costs – Alternate Methods of Compelling Payment. In the event the owner fails to make payment of the amount set forth in such statement to the city treasurer within 20 days of the date of mailing, the city may cause suit to be brought in an appropriate court of law, or pursue remedies as provided in Section 10-11-1 et seq., Utah Code Annotated 1953.

4. Costs – Collection by Lawsuit. In the event collection of expenses of destruction and removal are pursued through the court, the city shall sue for and receive judgment for all expenses of destruction and removal, together with reasonable attorney’s fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.

5. Costs – Included in Tax Notice – Procedure. In the event collection of expenses of destruction and removal are pursued as provided in Section 10-11-1 et seq., Utah Code Annotated 1953, the provisions of this subsection apply:

a. Upon receipt of the itemized statement of the costs of destroying or removing the weeds, refuse, objects or structures, the city treasurer shall forthwith mail one copy to the owner of the land from which the same was removed, together with a notice that objection in writing to the city may be made within 30 days to the whole or any part of the statement so filed. The city treasurer shall, at the same time, deliver a copy of the statement to the city recorder.

b. If objections to any statement are filed with the city, a date for hearing shall be set, giving notice thereof, and upon the hearing of the matter, fix and determine the actual cost of destruction or removal; hearing findings shall be reported to the city treasurer.

c. If no objection to the items of the account are made within 30 days of the date of mailing, the city treasurer shall comply with the requirements of Section 10-11-1 et seq., Utah Code Annotated 1953. [Ord. O-18-2021 § 2 (Exh. A); amended during 2008 codification; Ord. O-15-2001 § 2; Ord. O-10-2001 § 2].

8.07.030 Junk.

A. Responsibility to Keep Property Free of Junk. It is unlawful for any person, corporation, partnership or legal entity owning or occupying real property in the city to allow the accumulation of junk or to fail to remove from the property any junk.

B. Junk Defined.

1. “Junk” means any salvaged or scrap copper, brass, iron, steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires and waste, or other articles not stored for recycling purposes in a fully enclosed container, or materials commonly designated as junk. “Junk,” except as provided in subsection (B)(2) of this section, shall also mean any motor vehicle not currently registered and dismantled, wrecked or inoperable, motor vehicles or parts thereof which are stored or parked on property outside of an enclosed building and which remain in such condition for a period of time in excess of 60 days.

2. One truck with a capacity of one ton or less or automobile which is inoperable may be stored in a side yard, except a side yard which faces on a street or a rear yard on property, for a period not to exceed two years; provided, that the automobile or truck is secured with the windows closed, the trunk and hood closed and the doors locked and is not damaged or exposing jagged metal and is fully covered and concealed with a covering maintained in a secure good condition which does not extend closer to the ground than the lowest point on the vehicle body.

D. Penalties. Any person who violates the provisions of this section shall be subject to criminal and civil penalties as set forth in this section.

E. Violation – Penalties and Remedies.

1. Violation of any of the provisions of this section is punishable as a Class B misdemeanor upon conviction. In addition, the provisions of this section may also be enforced by injunctions, mandamus, abatement, civil penalties, or any other remedies provided by law.

2. Any one, all, or any combination of the penalties and remedies set forth in subsection (E)(1) of this section may be used to enforce the provisions of this section.

3. Each day that any violation continues after notification by the officer that such violation exists shall be considered a separate offense for purposes of penalties and remedies set forth in this section.

4. Accumulation of penalties for continuing violations, but not the obligation for payment of penalties already accrued, shall stop upon correction of the violation.

F. Violation – Persons Liable. Any person, corporation or other entity, whether as owner, occupant, agent or employee, who causes, permits or otherwise participates in any violation of the provisions of this section may be held responsible for the violation, suffer the penalties, and be subject to the remedies provided by law.

G. Violation – Notice and Order.

1. Upon inspection and discovery that any provision of this section is being violated, the officer shall provide a written notice of violation and order to the property owner and to any other party who may be responsible for the violation.

2. The written notice shall:

a. Indicate the nature of the violation;

b. Order the action necessary to correct the violation;

c. Give information regarding the established warning period for the violation; and

d. State the action the officer intends to take if the violation is not corrected within the warning period.

3. The written notice shall be delivered personally or mailed, postage prepaid, certified, return receipt requested, to the property owner, as shown on the records of the county recorder, and to any other person who may be responsible for the violation. “Receipt of notice” shall mean three days after the date written notice is delivered or mailed as provided herein.

4. The written notice shall serve to start any warning periods provided in this chapter, commencing upon receipt of notice. If the violation remains uncured within five days after the expiration of the warning period, a second notice of violation and order shall be delivered in the same manner as the first notice. The second notice shall serve to start the civil penalties.

5. In cases where the officer determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this section, the city attorney may seek immediate enforcement without prior written notice by instituting any appropriate remedies.

H. Civil Penalties.

1. Determination of Civil Penalties.

a. Civil penalties shall be assessed per violation per day at the rate established in the Eagle Mountain City consolidated fee schedule.

b. Civil penalties shall continue to accrue until the violation(s) has/have been brought into compliance with the city code or applicable state codes.

2. Modifications of Civil Penalties.

a. Upon completion of the notice of violation or administrative enforcement order, the administrative law judge may modify the civil penalties on a finding of good cause.

b. Civil penalties may be waived or modified by the administrative law judge if there is finding of good cause based on the responsible person’s claim of nonconforming use or conditional use and:

i. The city’s need to verify the claim; or

ii. The responsible person’s filing of an application for either use before expiration of the date to correct.

3. Violation Appeal Procedure.

a. The council, as it determines, shall constitute an appellate panel to consider matters relating to the violation of this section or it may appoint a hearing officer to consider matters relating to the violation of this section.

b. Any person having received notice of such violation, or the owner of any affected property, may appear before the council or a hearing officer and present and contest such alleged violation of this section.

c. The burden to prove any defense specified in subsection (H)(3)(d) of this section shall be upon the person raising such defense.

d. If the council or a hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this subsection is applicable, the council or hearing officer may dismiss the written notice of violation. Such defenses are:

i. At the time of the receipt of the written notice of violation, compliance would have violated the criminal laws of the state of Utah.

ii. Compliance with the subject sections of this chapter would have presented an imminent and irreparable injury to persons or property.

e. If the council or hearing officer finds that a violation of this section occurred and no applicable defense exists, the council or hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty by the violator.

f. No action by the council or hearing officer shall relieve the violator from complying with any of the provisions of this section. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-15-2001 § 3; Ord. O-10-2001 § 3].

8.07.040 Construction trash or debris.

A. It shall be unlawful for every owner of property, building permit holder or lessee of a commercial or construction trash container to allow trash or debris to spill or be blown by the wind from the construction or other trash container and/or to cause litter to the property of others or to property of the public.

B. Examination of Property for Compliance. The officer is hereby authorized to make examination and investigation of all real property in the city to determine whether the owners of such property are complying with the provisions of this section.

C. Penalties. Any person who violates the provisions of this section shall be subject to criminal and civil penalties as set forth in this section.

D. Violation – Penalties and Remedies. Violation of any of the provisions of this section is punishable as a Class B misdemeanor upon conviction. In addition, the provisions of this section may also be enforced by injunctions, mandamus, abatement, civil penalties, or any other remedies provided by law.

1. Any one, all, or any combination of the penalties and remedies set forth in subsection D of this section may be used to enforce the provisions of this section.

2. Each day that any violation continues after notification by the officer that such violation exists shall be considered a separate offense for purposes of penalties and remedies set forth in this section.

3. Accumulation of penalties for continuing violations, but not the obligation for payment of penalties already accrued, shall stop upon correction of the violation.

E. Violation – Persons Liable. Any person, corporation or other entity, whether as owner, occupant, agent or employee, who causes, permits or otherwise participates in any violation of the provisions of this section may be held responsible for the violation, suffer the penalties, and be subject to the remedies provided by law.

F. Violation – Notice and Order.

2. The written notice shall:

a. Indicate the nature of the violation;

b. Order the action necessary to correct the violation;

c. Give information regarding the established warning period for the violation; and

d. State the action the officer intends to take if the violation is not corrected within the warning period.

G. Civil Penalties.

1. Determination of Civil Penalties.

a. Civil penalties shall be assessed per violation per day at the rate established in the Eagle Mountain City consolidated fee schedule.

b. Civil penalties shall continue to accrue until the violation(s) has/have been brought into compliance with the city code or applicable state codes.

2. Modifications of Civil Penalties.

a. Upon completion of the notice of violation or administrative enforcement order, the administrative law judge may modify the civil penalties on a finding of good cause.

b. Civil penalties may be waived or modified by the administrative law judge if there is finding of good cause based on the responsible person’s claim of nonconforming use or conditional use and:

i. The city’s need to verify the claim; or

ii. The responsible person’s filing of an application for either use before expiration of the date to correct.

3. Violation Appeal Procedure.

c. The burden to prove any defense specified in subsection (G)(3)(d) of this section shall be upon the person raising such defense.

i. At the time of the receipt of the written notice of violation, compliance would have violated the criminal laws of the state of Utah.

ii. Compliance with the subject section of this chapter would have presented an imminent and irreparable injury to persons or property.

f. No action by the council or hearing officer shall relieve the violator from complying with any of the provisions of this section. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-15-2001 § 4; Ord. O-10-2001 § 4].