A. Scope: This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance, and then providing specific examples of situations, conduct or activities that constitute nuisances. Every situation, conduct or activity listed herein constitutes a nuisance and shall be subject to abatement pursuant to this chapter.
B. Purpose: The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah state law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the city intends to abate as nuisances.
C. General Definitions Of Nuisance: Any activity that meets any one or more of the five (5) definitions set forth below shall constitute a "nuisance" if it occurs within the City of Cedar Hills:
1. Nuisance As Defined In Utah Code Annotated Section 78B-6-1101: Anything that is injurious to health, indecent, offensive to the senses, or an obstruction of the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. Nuisance As Defined In Utah Code Annotated Section 76-10-801(1): Any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
3. Nuisance As Defined In Utah Code Annotated Section 76-10-803:
a. A public nuisance is a crime against the order and economy of the state and unlawfully doing any act or omitting to perform any duty, which act or omission:
(1) Annoys, injures, or endangers the comfort, repose, health or safety of three (3) or more persons;
(2) Offends public decency;
(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or
(4) Is a nuisance as described in Utah Code Annotated Section 78B-6-1107; or
(5) In any way renders three or more persons insecure in life or the use of property.
b. An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
c.
(1) Activities conducted in the normal and ordinary course of agricultural operations, as defined in Utah Code Annotated Section 4-44-102, and conducted in accordance with sound agricultural practices are presumed to be reasonable and not constitute a public nuisance under Subsection (1).
(2) Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
d.
(1) Activities conducted in the normal and ordinary course of critical infrastructure materials operations, as defined in Utah Code Annotated Subsection 78B-6-1101(8), and conducted in accordance with sound critical infrastructure materials practices are presumed to be reasonable and not constitute a public nuisance under Subsection (1).
(2) Critical infrastructure materials operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound critical infrastructure materials operations.
4. Nuisance: A condition that:
a. Wrongfully annoys, injures, or endangers the comfort, repose, health or safety of others; or
b. Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street, or highway, or any other public place or right-of-way; or
c. In any way renders other persons insecure in life, or in the use of property, and that affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
5. Specific Nuisances Enumerated: The examples enumerated below are not exhaustive. A situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance. The first seven (7) listed nuisances are also listed as nuisances pursuant to Utah Code Annotated section 78B-6-1107:
a. Every building or place is a nuisance where:
(1) The unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37, Utah Controlled Substances Act;
(2) Gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 10, Part 11 of the Utah Code, Gambling, which creates the conditions of a nuisance as defined in Subsection 78B-6-1101(1);
(3) Criminal activity is committed in concert with three or more persons as provided in Utah Code Annotated Section 76-3-203.1;
(4) Criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Utah Code Annotated Section 76-9-802;
(5) Criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Utah Code Annotated Section 76-9-802;
(6) Parties occur frequently which create the conditions of a nuisance as defined in Utah Code Annotated Subsection 78B-6-1101(1);
(7) Prostitution or promotion of prostitution is regularly carried on by one or more persons as provided in Title 76, Chapter 10, Part 13, of the Utah Code, Prostitution; and
(8) A violation of Title 76, Chapter 10, Part 5, of the Utah Code, Weapons, occurs on the premises.
(9) Unsafe Condition: A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
(10) Fire Hazard: A fire hazard.
(11) Noxious Emanations: Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
(12) Weeds: Vegetation which is uncultivated, useless, unsightly, or which has become a fire hazard or is otherwise determined by the City to be noxious, dangerous, or a nuisance. The term "weeds" shall also include, but is not limited to, poison ivy (Rhus toxicodendron), poison oak (Rhus diversiloba), poison sumac (Rhus vernix), and those plants named in or listed pursuant to the Utah Noxious Weed Act, as set forth in Utah Code Annotated section 4-17-101 et seq., as amended.
(A) Weeds on any property shall be eradicated by chemicals, cutting or some other acceptable method so they do not exceed six inches (6") in height.
(B) Weeds that are rototilled, plowed, or harrowed shall be buried under the soil as part of the eradication.
(C) If the Zoning Administrator determines that the large size of the property makes cutting of all the weeds impractical, the Zoning Administrator may issue an order limiting the required cutting of weeds to a firebreak of not less than fifteen feet (15') in width around any structures and around the complete perimeter of the property or part thereof, except as allowed by subsection C5a(12)(D) and (E) of this section.
(D) Upon written request by the owner of real property, and upon good cause showing, real property not in close proximity to buildings or other structures or not creating a serious nuisance or fire hazard may be exempted by the Zoning Administrator from the weed control requirements.
(E) Lots being used for livestock pasture or agricultural crops are exempt from the maximum height limit.
(13) Refuse: Keeping or storing of any refuse or waste matter that interferes with the reasonable enjoyment of nearby property.
(14) Stagnant Water: Polluted or stagnant water that constitutes an unhealthy or unsafe condition.
(15) Improper Accumulations: Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
(16) Accumulation Of Junk: Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
(17) Attractive Nuisances: Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
(18) Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation that is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or that is likely to harbor rats, vermin, or other pests. Trees and landscaping which overhang the street pavement shall be trimmed to a minimum height of thirteen and one-half feet (131/2') above the street pavement.
(19) Dust: Any premises that causes excessive dust due to lack of landscaping, non-maintenance or other cause.
(20) Improper Storage: The keeping, storing, depositing or accumulating on the premises or in the public right of way for an unreasonable period of time of dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights of way. Material stored as part of an active construction project shall not be considered a nuisance.
(21) Garbage Can: The presence of any outdoor garbage can or refuse container without a lid or with a lid that is not closed, or the leaving of any garbage can or refuse container in the street, other than on collection day, for more than twenty four (24) hours after the collection day 1.
(22) Construction Equipment: Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery.
(23) Improper Sign: Improper maintenance of a sign, or signs that advertise a business that is no longer extant on the property.
(24) Improper Parking Or Storage:
(A) Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, boats, trailers or vehicle parts, including recreational vehicles, on a premises or in the public right of way. Storage or parking that is specifically allowed by the city's zoning ordinance shall not be considered a nuisance.
(B) Parking or storage of registered vehicles, trailers or boats in violation of city ordinance.
(C) The parking or storage of any recreational vehicle on any premises or property shall be considered a nuisance unless the recreational vehicle is parked or stored upon a hard concrete pad surface that extends to the edges of the recreational vehicle.
(25) Hazardous Conditions: Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
(26) Graffiti: Graffiti that remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.
(27) Improper Maintenance: Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair, including, but not limited to:
(A) Any building or structure that is unfit for human habitation, or that is an unreasonable hazard to the health of people residing in the vicinity thereof, or that presents an unreasonable fire hazard in the vicinity where it is located; or
(B) Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, buildings or premises in violation of city ordinances; or
(C) Buildings that are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An "unreasonable state of partial construction" is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as required by applicable city ordinances or building codes. The building or structure shall not be considered to be a nuisance if it is under active construction; or
(D) Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair; or
(E) Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type that normally contains glass; or
(F) Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or
(G) Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the city.
(H) City Code Nuisances: Any violation of a City of Cedar Hills ordinance that expressly declares a specific situation, conduct or activity to be a nuisance.
(28) Alcohol: Every property or premises not licensed under applicable state law or city ordinance where any intoxicating liquors or alcohol are kept for unlawful use, sale or distribution.
(29) Inappropriate Conduct: Every property or premises where there exists an environment that causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premises or adjacent public place, including, but not limited to:
(A) Illegally consuming intoxicating liquor or alcohol;
(B) Publicly urinating or defecating;
(C) By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
(D) Engaging in acts of violence, including fighting amongst themselves;
(E) Discharging a firearm or explosive in violation of city ordinance 2 or state law;
(F) Creating unreasonable noise that disturbs others;
(G) Intentionally obstructing pedestrian or vehicular traffic; or
(H) Soliciting acts of prostitution.
(30) Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, premises or location that in its entirety, or in any part thereof, by reason of the condition in that the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:
(A) By reason of being a menace, threat and/or hazard to the general health and safety of the community.
(B) By reason of being a fire hazard.
(C) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
(D) By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
(31) Illegal Accessory Apartments: Any violation of the city's zoning ordinance.
(32) Family: Keeping or allowing people at a premises in violation of the city's single-family residence requirements.
(33) Parking On Landscaping: Parking in an area required to be landscaped by city ordinance.
(34) Banner Signs: Keeping or allowing banner signs in violation of city ordinance.
(35) Required Landscaping: Failure to install or maintain landscaping required by city ordinance.
(36) Miscellaneous Sanitary Regulations: It shall be unlawful and a nuisance to do any of the following:
(A) To place, conduct or discharge into or on any street, alley, sidewalk, gutter, water ditch or canal, or any vacant lot, any rancid fat or grease waste material, any filthy or offensive water, liquid, waste refuse or discharge of any kind that is offensive or likely to become so, or any putrid or unsound meat, fish, hides or skin of any kind, or filth, offal, dead animals, vegetables or any unsound offensive matter whatsoever. Provided, however, that this subsection shall not apply to the spreading of manure upon land for the purpose of fertilizing of the soil.
(B) To process dead animals for the purpose of fertilizing material or other products, or any boiling of offal, fat or grease that shall be done or carried on in an offensive, unclean or defective manner.
(C) To fail to abate any collection of waste, rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials that are offensive or tend to decay, to become putrid, or to pollute the air.
(D) For the owner or occupant of real property, or any other responsible person, to cause or permit upon said property any of the following unsanitary, fly producing, disease causing condition:
i. Manure that is not securely protected from flies.
ii. Any privy, vault, cesspool, sink, pit or like place that is not securely protected from flies.
iii. Garbage that is not securely protected from flies.
iv. Vegetable or animal waste, trash, litter, rags, or refuse of any kind, nature or description in which flies may breed or multiply.
6. Allowing Weed Growth; Failure To Remove After Notice: It is unlawful for any owner or occupant of real property in the city to let the height of weeds on such property to grow beyond the maximum permitted, or to fail to remove from such property any injurious and noxious weeds, garbage and refuse, unsightly or deleterious objects or structures, after having been given notice pursuant to Utah Code Annotated section 10-11-2.
7. It is a defense to nuisance under Subsection (1)(a) if the defendant can prove that the defendant is lawfully entitled to possession of a controlled substance.
8. Utah Code Annotated Sections 78B-6-1108 through 78B-6-1114 govern only an abatement by eviction of the nuisance as defined in Subsection (1). (Ord. 04-02-2013A, 4-2-2013; amd. Ord. 11-21-2017C, 11-21-2017; Ord. 09-13-2022B, 9-13-2022)