Chapter 4-3
WEEDS, GARBAGE AND UNSIGHTLY OBJECTS
SECTION:
4-3-1: DEPOSITS OR GROWTH PROHIBITED
4-3-2: EXAMINATION OF PROPERTY; NOTICE AND ABATEMENT
4-3-3: ABATEMENT BY CITY; COST ASSESSMENT
4-3-1 DEPOSITS OR GROWTH PROHIBITED:
The use of city streets, sidewalks, other public property or private property for the deposit or growth of injurious or noxious weeds, garbage, refuse or any unsightly or deleterious objects or structures is hereby prohibited.
It shall be unlawful for any person to throw or cast, or having thrown or cast, to allow to remain, upon or in any street, road, ditch, gutter, public place, private premises, vacant lot, watercourse, lake, spring or well, any house refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste substance of any kind. (Ord. 2-2020, 2-19-2020; Ord. 16-B, 8-24-1983)
4-3-2 EXAMINATION OF PROPERTY; NOTICE AND ABATEMENT:
A. Examination; Notice To Responsible Person: The zoning administrator is hereby directed to make a careful examination and investigation of growth and spread of such injurious and noxious weeds, and of garbage, refuse or unsightly or deleterious objects or structures, and it shall be his duty to ascertain the name of the person responsible for the foregoing, and to serve notice in writing upon said person, either personally or by mailing notice, postage prepaid, and addressed to said person or said person's last known post office address, requiring said person to eradicate or destroy and remove the same within such time as the zoning administrator may designate, which shall not be less than ten (10) days from the date of service of such notice. (Ord. 16-B, 8-24-1983; amd. 2007 Code)
B. Remedial Action; Covering Or Fencing Unsightly Conditions:
1. The zoning administrator is hereby directed to make a careful examination and investigation of growth and spread of such injurious and noxious weeds, and of garbage, refuse or unsightly or deleterious objects or structures. It shall be the duty of the zoning administrator to make a careful examination and investigation to determine if any unsightly or deleterious objects or structures can be covered or fenced so as to obscure from view. Height of fences must comply with regulations of the city building code.
2. If said person shall fail or neglect to eradicate, destroy, fence or cover such weeds, garbage, refuse, objects or structures upon the premises in accordance with such notice, it shall be the duty of the zoning administrator to take steps to enforce the rules and regulations of this chapter pertaining to legal enforcement of such neglect. (Res. 2-1993, 5-21-1993; amd. 2007 Code)
4-3-3 ABATEMENT BY CITY; COST ASSESSMENT:
A. Failure To Remedy: If a person responsible for conditions as described in section 4-3-2 of this chapter shall fail or neglect to eradicate, or destroy and remove, such weeds, garbage, refuse, objects or structures upon the premises in accordance with such notice, it shall be the duty of the zoning administrator, at the expense of the city, to employ necessary assistants, and cause such weeds, garbage, refuse, objects or structures to be removed or destroyed.
B. Statement Of Expenses; Payment Required: The zoning administrator shall prepare an itemized statement of all expenses incurred in the removal and destruction of same, and shall mail a copy thereof to the person responsible, demanding payment within twenty (20) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail addressed to said person's last known address.
C. Suit For Nonpayment: In the event the owner fails to make payments of the amounts set forth in said statement to the city treasurer within twenty (20) days, the zoning administrator, on behalf of the city, may cause suit to be brought in an appropriate court of law. The city may sue for and receive judgment upon all said costs of removal and destruction, together with reasonable attorney fees, interest and court costs. The city may execute on such judgment in the manner provided by law, may further enforce the provisions of this chapter in any other method authorized by Utah Code Annotated sections 10-11-1 through 10-11-4, as amended, and may enforce this chapter by injunction. (Ord. 16-B, 8-24-1983; amd. 2007 Code)
4-3-4 PENALTY:
In addition to the civil remedies provided for in subsection 4-3-3C of this chapter, violation of this chapter is a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 16-B, 8-24-1983; amd. 2007 Code)