PENDING ORDINANCES
Proposed ORDINANCE NO. 18-7
AN ORDINANCE AMENDING THE CITY OF ELK RIDGE NUISANCE CODE REGARDING SPECIFIC NUISANCES, CODIFICATION, INCLUSION IN THE CODE, CORRECTION OF SCRIVENER’S ERRORS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.      
WHEREAS, the City of Elk Ridge has adopted the Elk Ridge City SPECIFIC NUISCANCE CODE Title 4, Chapter 2A Section 3, Specific Nuisances setting forth parking and storing of vehicles and other items on public streets; and
WHEREAS, the City of Elk Ridge desires to adopt the Nuisance Code: Specific Nuisance Code defining when what can be parking and storing of vehicles and other items on public streets; and
WHEREAS, the Elk Ridge City Council held a public meeting on May 22, 2018 at 6:00pm, for the purpose of the proposed amendment to Section 4-2A-3 Specific Nuisances; and
WHEREAS, thepublic meeting was preceded by the posting of a notice of public meeting in at least three (3) public places: city office, city public works building, pole located at 11200 South and North Twilight Way along with notification to the Payson Chronicle Newspaper, a newspaper of general circulation within the city, at least 24 hours prior to the Public Meeting; and
WHEREAS, the notice of the meeting, which was posted and published, by the City Council contains specific advance notice that the proposed ordinance amendment, as set forth herein, would be considered and that copies thereof were available for inspection in the city offices; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ELK RIDGE CITY, UTAH, AS FOLLOWS: (Underlined text is added text, Strikeout text is deleted text)
4-2A-3: SPECIFIC NUISANCES:

Every situation, conduct, or activity listed in this section constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not all inclusive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance defined in section
4-2A-2of this article, shall also constitute a nuisance.
A. Accessory Apartments; Illegal: Any violation of the city's accessory apartment ordinance.
 
B. 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.
 
C. Animals: Any animal that is dangerous, vicious, creates excessive noise, creates odors that can be smelled from adjacent property, or is kept against the city zoning ordinance.
 
 
D. 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.
 
E. Buildings; Illegal Or Abandoned: 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 buildings which 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. Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the city. The building or structure shall not be considered to be a nuisance if it is under active construction.
 
F. Buildings; Maintenance And Upkeep: Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located. 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. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass, 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.
 
G. City Code Nuisances: Any violation of a section of this code that expressly declares a specific situation, conduct, or activity to be a nuisance.
 
H. 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. Any construction equipment stored in a public right of way, overnight.
 
I. Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of any 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 which in its entirety, or in any part thereof, by reason of the condition in which 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: by reason of being a menace, threat and/or hazard to the general health and safety of the community; or by reason of being a fire hazard; or by reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property; or 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.
 
J. Debris Accumulation: Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
 
K. Drug Houses: Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, precursor, or analog specified in the Utah controlled substances act occurs.
 
L. Dust: Any premises or activity which causes excessive dust due to lack of landscaping, nonmaintenance or other cause. This includes dust from construction sites.
 
M. Family: Keeping or allowing people at a premises in violation of the city's single-family residence requirements.
 
N. Fire Hazard: A fire hazard.
 
O. Gambling: Every building or premises where gambling is permitted to be played, conducted, or dealt upon.
 
P. Gangs: Every building or premises wherein criminal activity is committed in concert with two (2) or more persons.
 
Q. Garbage Can: The leaving of any garbage can, refuse, or recycle container in the street, other than on collection day, for more than twenty four (24) hours before or after the collection day.
 
R. Graffiti: Graffiti which remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.
 
S. 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.
 
T. Inappropriate Conduct: Every property or premises where there exists an environment which 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:

These acts include, but are not limited to, illegally using or possessing any controlled substance, precursor, analog or possessing any item of drug paraphernalia; or illegally consuming intoxicating liquor or alcohol; or publicly urinating or defecating; or 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; or engaging in acts of violence, including fighting amongst themselves; or discharging a firearm or explosive in violation of city ordinance or state law; or creating unreasonable noise which disturbs others; or intentionally obstructing pedestrian or vehicular traffic; or soliciting acts of prostitution.
 
U. Junk Accumulation: 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.
 
V. Landscaping; Parking: Parking in an area required to be landscaped by city ordinance. Also, parking in a yard area that previously was a landscaped area, but has not been converted to a parking area with the use of concrete, asphalt, or gravel.
Long term parking or storage of any recreational vehicle boat or trailer on the street, within the city right-of-way, or in any clear view area is prohibited. Long term is defined as more that 3 days. Recreational Vehicles and trailers may be parked on the street for loading and unloading purposes only, and if towed must remain attached to the tow vehicle. A reasonable amount of time, generally up to 2 weeks, to load/unload, clean, or maintain these vehicles. The unsafe parking of any of the above-mentioned vehicles is prohibited and may be cited or removed by law enforcement personnel or the city administrator. All vehicles parked, at any time, on the street or within city right-of-way must be registered and legal.
W. Landscaping; Required: Failure to install or maintain landscaping required by city ordinance.
 
X. Noise; Public Disturbance: Noise that constitutes a public disturbance after once being requested to stop making the noise. A public disturbance shall be any sound which unreasonably disturbs or interferes with the peace, comfort or repose of owners or possessors of real property and which emanates from any of the following sound sources: music, stereo or sound systems; loud arguing, threatening or yelling in a manner likely to incite violence, boisterous conduct, animals.
 
Y. Noise; Construction Work/Machinery: Construction work and the use of machinery or motorized power tools and equipment in or adjacent to a residential area between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. Specialized equipment used for seasonal and periodic snow removal, agricultural uses, commercially zoned business, and all emergency equipment shall not be considered a nuisance.
 
Z. Noise; Motor Vehicles: The repetitive or continuous starting, testing or operation of a motor vehicle, including motorcycles, all-terrain vehicles, and recreational vehicles.
 
AA. Noise; Sports/Outdoor Activities: Sports and other outdoor entertainment activities in or adjacent to a residential area between the hours of ten thirty o'clock (10:30) P.M. and seven o'clock (7:00) A.M. Friday and Saturday nights the time allowed extends to eleven thirty o'clock (11:30) P.M.
 
BB. Noxious Emanations: Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders. These include odors from animals, animal housing, and animal food.
 
CC. Noxious Weeds: Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitute a fire hazard. Front yards with overgrown weeds. Weeds over four inches (4") tall in areas thirty feet (30') from the side or rear of a structure. Weeds over four inches (4") tall in areas ten feet (10') from a road. Weeds in areas where earth has been disturbed for construction or other activities over twelve inches (12") tall. Noxious weeds must be controlled in areas designated for revegetation. (Ord. 09-7, 10-27-2009, eff. 11-2-2009)
 
DD. Parking Or Storage; Distressed Vehicles: Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, or vehicle parts, outside of an enclosed structure or fenced area on premises, in the public right of way, on a street, on a vacant lot or parcel, or in view from a street.
 
EE. Parking Or Storage; Trailers, Boats, Recreation: Parking or storage of multiple trailers, boats, all-terrain vehicles, or recreational vehicles between the front or side of a residence and a street is prohibited - storage of these items in the interior side and rear yards is permitted. A total of one of the aforementioned vehicles can be parked or stored in the front or side yard areas adjacent to a street provided that the vehicle is located in an area improved for parking (gravel, asphalt, or cement). Parking or storage of these vehicles within the street public right of way is prohibited. A reasonable amount of time, generally up to two (2) weeks, to load/unload, clean, or repair these vehicles between the front or side of a residence and the street shall not be considered a nuisance. (Ord. 10-6, 2-23-2010, eff. 2-26-2010)
The parking of vehicles and trailers may only be done by permission of the property owner. Long term parking or storage of inoperable, unregistered and junk vehicles within the front or street side setbacks is prohibited. Parking of inoperable or junk vehicles on any city street is prohibited. Any vehicle deemed a nuisance by law enforcement or the city administrator may be cited or removed by the city administrator or law enforcement personnel.
FF. Party Houses: Every building or premises where parties occur frequently which create the conditions of a nuisance. Some of the factors the city may examine in determining whether a party house exists include: an increase in the number of emergency response calls due to parties being held; any pattern of activity that suggests that parties creating a nuisance are taking place; any pattern of activity which diminishes the quiet enjoyment of those buildings and premises around the alleged party house or which cause the immediate neighbors to fear for their safety or the safety of their family members due to the party activity.
 
GG. Prostitution: Every building or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons.
 
HH. Refuse: Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
 
II. Signs: Improper maintenance of a sign; or signs which advertise a business that is no longer extant on the property. Keeping or allowing banner signs in violation of city ordinance.
 
JJ. Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition. (Ord. 09-7, 10-27-2009, eff. 11-2-2009)
 
KK. Storage Of Materials; General: The keeping, storing, depositing, accumulating, or maintenance of dirt, sand, gravel, concrete, or other similar materials on a lot, in the public right of way, on a street, or on a vacant lot or parcel for an unreasonable period of time, generally over one week. The placement of dirt, sand, gravel, concrete or any similar material on the streets or within the public right of way is prohibited. The unsafe placement of any object on the street or within the public right of way is prohibited.  Any violations of this section may result in a citation.  If the condition is an immediate safety
 
concern, corrective action may be taken by law enforcement or the city administrator, at the expense of those responsible for the violation. (Ord. 10-6, 2-23-2010, eff. 2-26-2010)
 
LL. Storage Of Materials; New Construction: The keeping, storing, depositing or accumulating on a site construction materials, dirt, sand, gravel, concrete, debris or other similar materials prior to a grading permit, construction bond, or building permit is approved. The keeping, storing, depositing or accumulating on a site construction materials, dirt, sand, gravel, concrete, debris or other similar materials outside of trash bins or located outside the designated storage area identified on an approved site plan. Material stored in the public rights of way for an unreasonable period of time. Any construction debris or items allowed to be blown from the construction site. Any debris or construction materials left after construction is complete.
 
MM. Tobacco Smoke: Tobacco smoke that drifts into any residential unit, two (2) times or more within a seven (7) day period.
 
NN. Unsafe Condition: A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
 
OO. Vandalism: Any act of vandalism toward public or private property.
 
PP. Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
 
QQ. Weapons: Every building or premises where illegal weapons occur on the premises. (Ord. 09-7, 10-27-2009, eff. 11-2-2009)
 
SECTION II. Codification, Inclusion in the Code, and Scrivener’s Errors.  It is the intent of the City Council that the provisions of this ordinance be made part of the City Code as adopted, that sections of this ordinance may be re-numbered or re-lettered, that the word ordinance may be changed to section, chapter, or other such appropriate word or phrase in order to accomplish such intent regardless of whether such inclusion in a code is accomplished. Typographical errors which do not affect the intent of this ordinance may be authorized by the City without need of public hearing by its filling a corrected or re-codified copy of the same with the City Recorder.
SECTION III. Severability.  If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION II. Posting.  A copy of this Ordinance shall be deposited in the office of the Elk Ridge City Recorder, and on _23rd  day of __May,_ 2018, the Elk Ridge City Recorder shall certify that this Ordinance has been posted in three public places within the municipality on that date, as provided in Utah State Code Annotated § 10-3-711(1).
SECTION III.  EFFECTIVE DATE.  This ordinance shall become effective immediately upon passage.
Passed and duly adopted this   22nd    day of     May  , 2018.
 
                  
Ty Ellis, MAYOR
 
Councilmember Nelson Abbott   Voted   AYE
Councilmember Tricia Thomas   Voted   ABSENT
Councilmember Paul Crook   Voted  AYE
Councilmember Jared Peterson   Voted   AYE
Councilmember Jim Chase   Voted   AYE 
ATTEST:
                  
Royce Swensen
Elk Ridge City Recorder
 
STATE OF UTAH          )
  ) ss.
COUNTY OF UTAH               )
I, ROYCE SWENSEN, City Recorder of the City of Elk Ridge, Utah, do hereby certify and declare that the above and foregoing is a true, full, and correct copy of
Ordinance # 18-7, passed by the City Council of the City of Elk Ridge, Utah, on the
22nd  day of May, 2018, entitled
AN ORDINANCE AMENDING THE CITY OF ELK RIDGE DEVELOPMENT CODE REGARDING SPECIFIC NUISANCES CODE 4-2A-3 CODIFICATION, INCLUSION IN THE CODE, CORRECTION OF SCRIVENER’S ERRORS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.”      
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of Elk Ridge City Utah this 23rd  day of May, 2018.
 
                  
ROYCE SWENSEN
Elk Ridge City Recorder
 
AFFIDAVIT OF POSTING
 
STATE OF UTAH          )
    ) ss.
COUNTY OF UTAH               )
 
I, ROYCE SWENSEN , City Recorder of the City of Elk Ridge, Utah, do hereby certify and declare that I posted in three (3) public places Ordinance # 18-8 , which is attached hereto on the 29thday of  August , 2018.   
The three places are as follows:
1.   The Elk Ridge City Office, 80 E Park Drive
2.   The Elk Ridge Public Works Building, 645 W Goosenest Drive
3.   The pole located at 11200 South and North Twilight Way
 
 
I further certify that copies of the ordinance so posted were true and correct copies of said ordinance.
               
ROYCE SWENSEN
Elk Ridge City Recorder
 
The foregoing instrument was acknowledged before me this 29thday of August  , 2018, by ROYCE SWENSEN.
 
My Commission Expires:
________________________________
        Notary Public
 
Residing at:      Utah County