The following words and phrases, whenever used in this title, shall be constructed as defined in this section, unless a different meaning is specifically stated to apply:
ABATEMENT: Any action the city may take, or cause a responsible person to take, on public or private property as may be necessary to remove or correct a violation, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property.
ADMINISTRATIVE CODE ENFORCEMENT HEARING PROGRAM ADMINISTRATOR OR ACE ADMINISTRATOR: Any person authorized by the city to supervise, administer the administrative code enforcement hearing program, and enforce violations of the city code or applicable state codes.
ADMINISTRATIVE CODE ENFORCEMENT ORDER: An order issued by an administrative law judge. The order may include an order to abate the violation, pay civil penalties and administrative costs, or take any other action as authorized or required by this title and applicable state codes.
ADMINISTRATIVE LAW JUDGE: The administrative law judge appointed by the mayor and city council to preside over the administrative code enforcement hearings established herein.
CITY: Ivins City, a Utah municipal corporation, and the area within the territorial city limits of the city, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or incorporation provisions or any law.
CITY CODE: The Ivins municipal code or other codes of Ivins City.
CITY COUNCIL: The city council of Ivins City.
CODE ENFORCEMENT PERFORMANCE BOND: A bond posted by a responsible person to ensure compliance with city code, applicable state codes, a judicial action, or an administrative code enforcement order.
CODE ENFORCEMENT TAX LIEN: A lien recorded to collect outstanding civil penalties, administrative fees and abatement costs.
CONSOLIDATED FEE SCHEDULE: The fee schedule adopted by the city council that sets forth civil penalties and costs applicable to enforcement of this title. The consolidated fee schedule is on file in the office of the city recorder.
ENFORCEMENT OFFICIAL: Any person authorized to enforce violations of the city code or applicable state codes.
FINANCIAL INSTITUTION: Any person that holds a recorded mortgage or deed of trust on a property.
GOOD CAUSE: Incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; and acts of nature adverse to performing required acts.
IMMINENT LIFE SAFETY HAZARD: Any condition that creates a present, extreme and immediate danger to life, property, health or public safety.
LEGAL INTEREST: Any interest that is represented by a document, such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien, or other similar instrument that is recorded with the Washington County recorder's office.
NOTICE OF COMPLIANCE: A document issued by the city, representing that a property complies with the requirements outlined in the notice of violation.
NOTICE OF SATISFACTION: A document or form approved by the administrative law judge or his or her designee, which indicates that all outstanding civil penalties and costs have been either paid in full, or that the city has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt. In addition to the satisfaction of the financial debt, the property must also be in compliance with the requirements outlined in the notice of violation.
NOTICE OF VIOLATION: A written notice prepared by an enforcement official that informs a responsible person of code violations and orders the responsible person to take certain steps to correct the violations.
OATH: Includes affirmations and oaths.
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
PROPERTY OWNER: The record owner of real property based on the county assessor's records.
PUBLIC NUISANCE: Any condition caused, maintained or permitted to exist that constitutes a threat to the public health, safety and welfare, or that significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons. A "public nuisance" also has the same meaning as set forth in Utah Code Annotated and this code.
RESPONSIBLE PERSON: A person who is responsible for causing or maintaining a violation of the city code or applicable state codes. The property owner, tenant, person with a legal interest in the real property, or person in possession of the real property shall be liable for any violation maintained on the property. In all cases, the property owner shall be considered a "responsible person".
WRITTEN: Includes handwritten, typewritten, photocopied, computer printed or facsimile. (Ord. 2005-10, 2005)