A. Filing a Complaint. All complaints filed in Fairfield Town shall be made in writing and shall be delivered:
1. In Person: File a complaint at the Town Office during regular business hours; or
2. By Regular Mail to the following address: Fairfield Town Office, Attention: Mayor, PO Box 271, Cedar Valley, UT 84013.
B. Enforcement Conducted by the Mayor. All enforcement under this chapter shall be conducted by the Mayor or law enforcement as an agent of the Town to investigate and or inspect and enforce this ordinance. It will be the duty of the Mayor or law enforcement to perform inspections and to examine real property situated within the corporate limits of Fairfield Town for the purpose of determining whether, in their opinion, the property contains objects or conditions of the kind in nature described above and for the purpose of determining whether the existence of the objects or conditions create or constitute a public safety hazard or nuisance as defined in this ordinance and or in the Fire Code. From time to time, the Town Council may appoint other assistant inspectors and delegate to them such powers and duties as it may see fit.
C. The Town may pursue any remedy or combination of remedies available pursuant to this chapter, state law, or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the Town from engaging in its standard prosecution practices. Therefore, the Town may prosecute violators of Town ordinances or state laws without first having to comply with the provisions of this chapter, even though the activity or conduct prosecuted may also constitute a nuisance under this chapter. Nothing in this chapter shall be interpreted to prevent the Town from enforcing applicable Town ordinances, or building codes, without first treating the offending conduct, situation or activity as a nuisance pursuant to this chapter.
D. At the Mayor's discretion, no action will be taken without two (2) written complaints from two different households.
E. The municipal attorney is empowered to institute an action in the name of this municipality to abate a public nuisance.
F. Emergency Orders. Whenever the Mayor or designee finds that an emergency exists, one or all of the following actions may be required to be taken:
1. Order of Emergency Suspension. In time of a public calamity or disaster, emergency suspension of this chapter may be suspended for a period of time designated by the Mayor; or
2. Approval of Application for Exemption for Emergency Reasons. An individual may apply for emergency exemption to this chapter based on good and reasonable cause due to emergency circumstances, as defined in this chapter.
G. Voluntary Correction. This section may apply whenever the Town determines that a nuisance exists. Although the Town's first step in correcting or abating the nuisance may be to obtain voluntary compliance. The Town shall make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:
1. Mayor or Law enforcement shall personally inform residents of the violation along with a written copy of this nuisance ordinance. A time period will be given to come into compliance of any violation; and
2. If the violation has not been satisfied; a notice will be served in writing upon the owner and occupant of such premises, by mailing or hand-delivering such notice to the owner and occupant.
H. The Notice of Violation shall include:
1. Written copy of Town Nuisance Ordinance;
2. Explanation of the nuisance;
3. Requesting the responsible person to abate the nuisance;
4. Give a reasonable amount of time for nuisance abatement;
5. Explain possible further action;
6. Provide contact information of Mayor or Law enforcement;
7. Explain that they may request in writing a hearing before the Town Council; and
8. A response to an application for a hearing shall state the time and location for the hearing.
I. Administrative Citation. Issuance Of An Administrative Citation. When the Mayor determines that a nuisance exists, and is unable to secure voluntary correction pursuant to this Section 5.1.140 (G), the Town may issue an administrative citation to the responsible person. The Town may issue an administrative citation without having attempted to secure voluntary correction as provided in this section under the following circumstances:
1. When an emergency exists;
2. When the Town is unable to locate or determine the identity of the responsible person, other than the property owner; or
3. When the Town has previously entered into an agreement with the responsible party(s) within the previous twenty-four (24) months;
J. Content Of Administrative Citation. The administrative citation shall include all of the following:
1. The name and address of the responsible person;
2. The street address of the nuisance or a description sufficient for identifying the building, structure, premises, or land upon or within which the nuisance is occurring;
3. A description of the nuisance;
4. The required corrective action;
5. The completion date and a notice that the Town may abate the nuisance and charge the responsible person for all abatement costs if the responsible person does not correct the nuisance before the completion date;
6. The time for appealing the administrative citation to the Town Council and the Procedure for filing an appeal; and
7. A statement that the Town may abate the nuisance and assess the costs and expenses of abatement and a monetary fine against the responsible person if the correction is not completed by the responsible person and approved by the Town before the completion date.
K. Service Of Administrative Citation. The Town shall serve the administrative citation upon the responsible person, either personally or by mailing, certified, return receipt requested, a copy of the administrative citation to the responsible person at his/her last known address. If the responsible person cannot, after due diligence, be personally served within Utah County, and if an address for mailed service cannot, after due diligence, be ascertained, notice shall be served by posting a copy of the administrative citation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
L. No Extension. No extension of the time specified in the administrative citation for correction of the nuisance may be granted, except by order of the Town Council.