For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. Any action the city may take on public or private property, and any adjacent property as may be necessary to remove or alleviate a violation, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property.
ADMINISTRATIVE CODE ENFORCEMENT ORDER. An order issued by a Hearing Officer. 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 chapter and applicable state codes.
ADMINISTRATIVE HEARING OFFICER. The Administrative Hearing Officer appointed to preside over the administrative hearings contemplated and established by this chapter. Where the City Council deems it advisable, such Officer may also serve as the Administrative Hearing Officer for land use matters under other provisions of this code.
CITY. The area within the territorial city limits of Myton 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 COUNCIL. The City Council of Myton City.
CODE ENFORCEMENT LIEN. A lien recorded to collect outstanding civil penalties, administrative fees and costs.
CODE ENFORCEMENT PERFORMANCE BOND. A bond posted by a responsible person to ensure compliance with this code, applicable state titles, a judicial action or an administrative code enforcement order.
ENFORCEMENT OFFICIAL. Any person authorized to enforce violations of this 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 County Recorder.
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 Hearing Officer, 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 them to take certain steps to correct the violations.
OATH. Includes affirmations and oaths.
ORDINANCE ENFORCEMENT ADMINISTRATOR. The individual or individuals appointed under § 153.007(A) of this code of ordinances, or any other individual duly appointed by the Mayor for purposes of enforcing the ordinances of Myton City.
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.
RESPONSIBLE PERSON. A person who is responsible for causing or maintaining a violation of this 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.
(Prior Code, § 1-4A-1-10)