SECTION:
12-8-1: Purpose; Conditions Constituting Nuisance
12-8-2: Inspector
12-8-3: Service Of Notice; Abatement Orders; Personal Property
12-8-4: One Notice Per Season Sufficient; Proof Of Service
12-8-5: Appeals
12-8-6: Decision Of Hearing Officer
12-8-7: Itemized Statement; Preparation And Delivery
12-8-8: Failure To Make Payment; Procedure
12-8-9: Expenses; Collection
12-8-10: Chapter Procedure Not Exclusive
12-8-11: Prohibited Activities; Penalties
Notes
| 1 | 1. Prior ordinance history: 1979 Code §§ 8.28.010, 8.28.020, 8.28.030, 8.28.050, 8.28.060, 8.28.070, 8.28.080, 8.28.090, 8.28.100, 8.28.110, 8.28.120, 8.28.130, 8.28.140, 8.28.150, 8.28.160; Ord. 87-38, 7-2-1987; Ord. 91-42, 10-24-1991; Ord. 95-27, 5-16-1995; Ord. 96-19, 4-23-1996; Ord. 96-22, 4-30-1996; Ord. 96-49, 10-1-1996; Ord. 97-91, 12-16-1997; 1999 Code; Ord. 2001-32, 6-5-2001; Ord. 2002-73, 12-17-2002; Ord. 2004-39, 6-15-2004, eff. 7-1-2004; Ord. 2004-48, 6-15-2004, eff. 7-1-2004. |
A. It is the purpose of this chapter to establish a means whereby the city may remove or abate or cause the removal or abatement of injurious and noxious weeds; and of garbage, refuse or any unsightly or deleterious objects or structures pursuant to the powers granted to it by Utah Code Annotated title 10, chapter 11, as amended, and pursuant to its general power to abate nuisances. The provisions adopted herein are intended to:
1. Prevent fire hazards;
2. Prevent insect and rodent harborages;
3. Prevent the introduction of hazardous pollens in the air;
4. Prevent further spreading of vegetation that threatens the public health, safety or welfare;
5. Abate the existence of objects, structures or solid waste that threaten the public health, safety and welfare;
6. Protect and promote the public health and safety of the community by preventing or abating conditions of real property or the structures thereon which create or maintain public nuisances.
B. The following conditions shall constitute a nuisance subject to abatement under this chapter:
1. Vegetation on private property which due to its proximity to any public property or right of way interferes with the public safety or lawful use of the public property or right of way.
2. Weeds, grasses, or noxious vegetable growth which has grown to a height exceeding the height limits or otherwise violating the weed control specifications and requirements under section 12-4-3 of this title.
3. Vegetable waste, litter, garbage, filth or refuse of any nature, kind or description detrimental to health allowed to accumulate upon any private alley, yard or area.
4. Any property which has been allowed to become a fire hazard due to the accumulation of garbage, refuse, litter, waste products, dry or drying weeds or any combustible materials, objects or structures.
5. Weeds, garbage, refuse, objects or structures that create a source of contamination or pollution of water, air or property, a danger to health, a breeding place of habitation for insects, rodents or other forms of life deleterious to human habitation or that otherwise creates a condition deleterious to their surroundings.
6. Noxious weeds determined to be especially injurious to public health, crops, livestock, land, or other property.
7. Any property where the outside storage, keeping, accumulation, or abandonment of the following unsightly material or objects is clearly visible from a public street and is not a use of property permitted or allowed under the zoning title:
a. Uncontained garbage, refuse, litter or other solid waste;
b. Auto parts, tires, scrap metal, machinery or parts thereof, or other junk or salvage material as defined in either this title or title 15 of this code; or
c. Any inoperable and unlicensed vehicles.
8. Vacant buildings or structures which have been secured against entry by placing secured coverings on openings and which buildings are not maintained in accordance with the maintenance requirements of title 16, chapter 8, article B of this code (the "Ogden City code for the abatement of dangerous buildings").
9. Vegetation or structures obstructing the view of drivers of motor vehicles as prohibited under section 7-3-1 of this code.
10. Public nuisances as defined in subsection 6-2-10A of this code.
11. Other conditions involving weeds, garbage, refuse or any unsightly or deleterious conditions, objects or structures subject to city abatement under other provisions of this code.
C. Property owners shall be responsible for any of the above conditions existing on abutter's alleys or the area between their property line and the curb or edge of the roadway, as provided in section 12-4-1 of this title.
(Ord. 2005-29, 5-24-2005)
A. Office Created: The office of inspector is created for the purpose of administering the provisions of this chapter and the powers delegated to the city by the statutes cited in section 12-8-1 of this chapter, subject to such control and review as the mayor may from time to time direct. The mayor may authorize any officer or employee of the city to exercise the powers and duties of an inspector under the provisions of this chapter. Absent such authorization of the mayor, the following officers are hereby authorized to perform the powers and duties of an inspector:
1. The city fire marshal and the marshal's assistants, and the building official and the building official's duly authorized representatives, are authorized to perform the functions of inspector for the abatement of nuisances as defined under this chapter.
2. The public services director, or the director's designee, is also authorized to perform the functions of inspector for nuisances under subsections 12-8-1B1, B9 and B11 of this chapter.
3. The urban forester is also authorized to perform the functions of inspector for public nuisances under subsection 6-2-10A of this code.
B. Powers And Duties:
1. An inspector is authorized to enter upon any property or premises within the city to determine whether or not a nuisance exists as described in subsection 12-8-1B of this chapter and to make any examinations and surveys as may be necessary, including the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner based upon cause. If the owner or occupant refuses to allow the inspector to enter the property, the inspector shall obtain an administrative search warrant.
2. Nuisances involving health concerns shall be pursued in coordination with the Weber County health department. Nuisances involving weeds or other fire hazards shall be pursued in coordination with the fire department. Nuisances involving the boarding, repair or demolition of dangerous buildings shall be pursued in coordination with the building official. All matters involving the permitted or allowed use of land under the zoning title shall be pursued in coordination with the community development director, or the director's designee.
(Ord. 2005-29, 5-24-2005)
A. If the inspector concludes that any of the conditions described in section 12-8-1 of this chapter exist in whole or in part, he shall:
1. Ascertain the names of the owners and descriptions of the premises where such objects and conditions exist; and
2. Serve notice in writing upon the owner or occupant of such land, either personally or by mailing notice first class, postage prepaid, addressed to the owner or occupant at their last known post office address, as disclosed by the records of the county assessor, requiring such owner or occupant, as the case may be, to abate the nuisance within such time and manner as the inspector may designate, which shall not be less than ten (10) days from the date of service of such notice.
B. If a written request for hearing is not filed pursuant to section 12-8-5 of this chapter, the notice of the inspector shall be final.
C. If the owner or occupant fails to abate the nuisance, either in whole or in part, as required in a final notice, the city may summarily and without prior notice to the owner or occupant proceed to abate the nuisance. If such action is to be taken, the inspector shall prepare an abatement order to be approved by the mayor or the mayor's designee, authorizing city personnel to either perform such abatement work or to engage a private contractor to perform such work under the direction of the city. The order shall identify the property and describe the abatement work to be performed thereon.
D. Upon issuance of an abatement order, city personnel or any authorized private contractor may enter upon the described private property and perform the work specified in the abatement order in any reasonable manner. If the owner or occupant eliminates the nuisance before the city performs the abatement work, the owner or occupant shall still be responsible for the costs incurred by the city in responding to the owner's or occupant's failure to abate the nuisance in a timely manner.
E. If the owner or occupant refuses to allow entry, or other conditions exist on the property affecting the city's ability to enter the property or otherwise complete the necessary abatement work, the city may seek, but is not required to seek, such judicial process as it deems necessary to effect the abatement.
F. Personal property constituting a nuisance under this chapter may be confiscated as part of the abatement process. The mayor may adopt rules and regulations providing for the disposition of such property, including the disposition of inoperable, unlicensed or abandoned vehicles.
(Ord. 2005-29, 5-24-2005)
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