The following words and phrases, whenever used in this title, shall be construed as defined in this section, unless a different meaning is specifically stated to apply:
ABATEMENT: | Any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a violation of City or State Code, including, but not limited to, demolition, removal, repair, or replacement of property. |
ADMINISTRATIVE CODE ENFORCEMENT ORDER: | An order issued by a hearing officer concerning a violation of City or State Code. The order may include an order to abate the violation, pay civil penalties and administrative costs, or take any other action as authorized or required by this chapter and applicable state codes. |
CITY: | City of Cedar Hills, a Utah municipal corporation, and the area within the territorial city limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or incorporation provisions or any law. |
CITY FEE SCHEDULE: | The fee schedule adopted by the city council that sets forth civil penalties, administrative fees, abatement costs and the applicable interest rate for enforcement of this title. The city fee schedule is on file in the office of the city recorder. |
CODE ENFORCEMENT PERFORMANCE BOND: | A bond posted by a responsible person to ensure compliance with this code, applicable sections of the Utah code, a judicial action, or an administrative code enforcement order. |
CODE ENFORCEMENT TAX LIEN: | A lien recorded to collect outstanding civil penalties, administrative fees and abatement costs. |
COMPLETION DATE: | The date by which the responsible person must abate a nuisance. The completion date is originally set by the zoning administrator in the voluntary correction notice/agreement or in the administrative citation. The completion date may be modified by the hearing officer. |
EMERGENCY: | A situation that, in the opinion of the zoning administrator, requires immediate action to prevent or eliminate an immediate threat to the health or safety of a person or property. |
GOOD CAUSE: | Incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; and acts of nature adverse to performing required acts. |
IMMINENT LIFE SAFETY HAZARD: | Any condition that creates a present, extreme, and immediate danger to life, property, health or public safety. |
HEARING OFFICER: | The person(s) designated to hear appeals pursuant to this chapter. The hearing officer shall be the City of Cedar Hills city manager or his or her designee. The designee need not be a city employee. The city manager may also appoint a committee to function as the hearing officer. |
LEGAL INTEREST: | Any interest that is represented by a document, such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanics' lien, or other similar instrument that is recorded in the official records on file in the office of the recorder of Utah County, state of Utah. |
MAYOR: | The mayor of the city of Cedar Hills. |
NOTICE OF COMPLIANCE: | A document issued by the city, representing that a property complies with the requirements outlined in the notice of violation. |
NOTICE OF EMERGENCY ABATEMENT: | A written notice that informs a Responsible Person of emergency abatement actions taken by the City, and the costs of those actions, and orders payment for those costs. |
NOTICE OF ITEMIZED BILL FOR COSTS: | A written notice, itemizing the City's costs and ordering payment of those costs. |
NOTICE OF VIOLATION: | A written notice prepared by an Zoning Administrator that informs a responsible person of this code or Utah code violations and orders the responsible person to take certain steps to correct the violations. |
OWNER: | Any property owner, lessee, occupant or other person who, alone or with others, has title or interest in any building or premises, with or without accompanying actual possession thereof. For the purpose of giving notice, the term "owner" also includes any person in charge or physical possession of the premises and/or property involved. |
PERSON: | Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties. |
PREMISES: | A plot of ground, whether occupied or not. |
PROPERTY: | Any real or personal property, or any combination thereof, including, but not limited to, land, buildings, fixtures and vehicles. |
PUBLIC NUISANCE: | Any condition caused, maintained or permitted to exist that constitutes a threat to the public's health, safety and welfare, or that significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons. A public nuisance also has the same meaning as set forth in the Utah code and this code. |
PUBLIC PLACE: | An area generally visible to public view and includes alleys, bridges, driveways, parking lots, parks, plazas, sidewalks, streets and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. |
RESPONSIBLE PERSON: | The person(s) responsible for correcting or abating a nuisance pursuant to this chapter. The responsible person includes the property owner who commits, creates, aids in creating, or contributes to a nuisance, or who supports, continues, maintains, retains, or otherwise causes or permits a nuisance to occur or remain upon property in the city, and includes, but is not limited to, the owner(s), lessor(s), lessee(s), agent(s), occupant(s), or other person(s) entitled to control, use and/or occupy property where a nuisance occurs. In cases where there are more than one responsible persons, the city may proceed against one, some, or all of them. |
WAIVED AND OBLIGATION: | Writing off, forgiving, settling, and/or compromising any fee, fine, interest, penalty, or other monies legally required to be paid to the city (“obligation”). |
WEED: | A plant out of place, not intentionally sown, whose undesirable qualities outweigh its good points. County noxious weed is any plant which is not on the state noxious weed list, is especially troublesome in a particular county, and is declared by the county legislative body to be noxious weed within its county. Noxious weed is any plant the Utah state commissioner of agriculture and food determines to be especially injurious to public health, crops, livestock, land, or other property. |
WRITTEN: | Any handwritten, typewritten, photocopied, computer printed communication or facsimile. |
ZONING ADMINISTRATOR: | Any person authorized by the city to enforce violations of this code or applicable state codes. (Ord. 04-02-2013A, 4-2-2013; amd. Ord. 08-24-2021A, 8-24-2021) |