The following words and phrases used in this chapter shall have the following meaning unless a different meaning clearly appears from the context:
ABATE: To repair, replace, remove, destroy, correct or otherwise remedy a condition which constitutes a nuisance by such means, in such a manner and to such an extent as the code enforcement officer, or his designee, determines is necessary in the interest of the general health, safety and welfare of the community.
CODE ENFORCEMENT OFFICER: An enforcement officer hired or assigned by the city to enforce this chapter.
COMPLETION DATE: The date by which the responsible person must abate a nuisance. The “completion date” is originally set by the code enforcement officer in the voluntary correction agreement or in the administrative citation. The “completion date” may be modified by the hearing officer.
EMERGENCY: A situation which, in the opinion of the code enforcement officer, requires immediate action to prevent or eliminate an immediate threat to the health or safety of a person or property.
HEARING OFFICER: The person designated to hear appeals pursuant to this chapter. The hearing officer shall be the Elk Ridge City administrator or his or her designee. The designee need not be a city employee. The city administrator may also appoint a committee to function as the hearing officer.
OWNER: Any 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 physical possession.
PREMISES: A plot of ground, whether occupied or not.
PROPERTY: A building or structure, or the premises on which the building or structure is located, or undeveloped land.
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 responsible for correcting or abating a nuisance pursuant to this chapter. The responsible person includes the property owner and any person who causes or permits a nuisance to occur or remain upon property in the city, and includes, but is not limited to, the owner, lessor, lessee or other person entitled to control, use and/or occupy property where a nuisance occurs. In cases where there IS more than one responsible person, the city may proceed against one, some or all of them.
This section defines nuisance by providing four (4) general definitions of what constitutes a nuisance and then providing specific examples in section 4-2A-3 of this article of situations, conduct or activities that constitute nuisances. 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.
A. General Definitions of Nuisance: Any activity that meets any one or more of the four (4) definitions set forth below shall constitute a “nuisance” if it occurs within the city:
1. “Nuisance”, as defined in Utah Code Annotated Anything which 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. Section 76-10-801: “Nuisance”, as defined in Utah Code Annotated section 76-10-801. 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. Section 4-2A-(C): “Nuisance”, as defined in Utah Code Annotated section 76-10-803. Unlawfully doing any act purposely or omitting to perform any duty, which act or omission:
a. Injures or endangers the health or safety of any person, or annoys, injures or endangers the comfort or repose, of three (3) or more persons;
b. Offends public decency;
c. 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;
d. In any way renders a person insecure in life or the use of property.
An act which affects three (3) or more persons in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
4. Nuisance Conditions: A condition which:
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
c. In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
(Ord. 09-7, 10-27-2009, eff. 11-2-2009; amd. Ord. 23-01, 5-23-2023)