A. Responsibility: The conditions requiring maintenance outlined in this chapter shall be maintained by the property owner and/or the applicable homeowners' association as a condition of maintaining "adequate fire protection" in accordance with Utah Code Annotated section 11-7-1, and protective agreements, if any, made with the city at the time of annexation. (Ord. 96-12-10-10, 12-10-1996; amd. 2003 Code)
B. Nonexclusive Nature: The provisions of this chapter represent minimum standards. Each owner of property in the urban/wildland interface area is expected to use reasonable care in mitigating potential fire hazards, whether or not the potential hazard is enumerated in this chapter. (Ord. 96-12-10-10, 12-10-1996)
C. Enforcement Official: Provisions of this chapter shall be enforced by the city fire chief or his appointed designees. The fire chief is authorized to recommend alternatives to any of the provisions of this chapter upon application in writing by the owner, lessee or a duly authorized representative where there are practical difficulties that prevent carrying out such provisions; provided, that the spirit and intent of this chapter shall be maintained, public safety furthered and substantial justice done. The particulars of such modifications and decision of the fire chief shall be submitted to the fire board of appeals as established by the fire code. (Ord. 96-12-10-10, 12-10-1996; amd. 2003 Code)
1. Inspections: The fire chief or his designee may conduct inspections to determine compliance with this chapter at the time of building permit inspections or at the request of the owner of the property. The fire chief or designee may also conduct inspections based on the request of other property owner, lessee, city official or employee who has reasonable cause to believe that a potential fire hazard exists in violation of the provisions of this chapter.
2. Notice: The fire chief or his designee will publish periodic notices to remind residents of the provisions of this chapter and will make available information on the provisions of this chapter, as well as guidance on fire resistant vegetation and suitable landscaping.
D. Recourse: Any person adversely affected by any decision made in the exercise of the provisions of this chapter may pursue administrative and legal remedies in accordance with the following provisions:
1. Procedure: No person may challenge the city's land use decisions under this chapter in district court until all administrative remedies have been exhausted.
2. Judicial Review: Any person having exhausted all possible administrative remedies may file a petition for review of the decision with the district court within thirty (30) days after the local decision is rendered.
3. Validity Of Chapter: The courts shall presume that land use decisions and regulations are valid and determine only whether or not the decision is arbitrary, capricious or illegal.
E. Remedies: The city, its officers and employees, the city attorney or any owner of real estate within the city may, in addition to other remedies provided by law, institute proceedings to secure injunction, mandamus, abatement or any other remedies provided by law, including prevention, enjoinment or removal.
1. Injunction: The city need only establish the violation in order to secure injunction.
2. Building Permits: The city, its officers and employees, may enforce this chapter by withholding building permits, and it shall be unlawful to erect, construct, alter or change the use of any building or other structure within the city without approval of such building permit.
a. Failure To Obtain Permit: Any architect, lending agency, builder, contractor or other person doing or performing such work as described in section E2 of this section shall be deemed guilty of violating this chapter at least to the same extent or manner as the owner of the premises, or the person for whom the use is established or for whom such buildings are erected or altered, and shall be subject to the penalties herein prescribed for a violation.
b. Compliance: The city may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to all ordinances then in effect. (Ord. 96-12-10-10, 12-10-1996)
F. Alternative Enforcement: Nothing in this chapter may be construed to prevent enforcement under the provisions of the current edition of the fire code as adopted by the state and the city. (Ord. 96-12-10-10, 12-10-1996; amd. 2003 Code)