ADOPTING ORDINANCE

ORDINANCE NO. 2004-861-O

   AN ORDINANCE ADOPTING THE WASHINGTON COUNTY, UTAH

   COUNTY CODE

The county legislative body of the county of Washington ordains as follows:

   1.   Statutory authority

   2.   Purpose of provisions

   3.   Findings

   4.   Official code and law of the county

   5.   Perpetual codification of county code

   6.   Ordinances of a general nature included in county code

   7.   Unlawful to misrepresent county code

   8.   Ordinances in conflict with county code repealed

   9.   Effective date

1.   Statutory Authority.

   The statutory authority for enacting this ordinance is Utah Code Annotated sections 17-53-223, 17-53-208 and 17-27-102 (1953, as amended).

2.   Purpose Of Provisions.

   The purpose of this ordinance is to repeal outdated and non-useful ordinances, to amend existing ordinances, to adopt new ordinances, and codify and compile the general ordinances of the county in book form for easier reference and accessibility to the county and the public.

3.   Findings.

   A.   Many of the ordinances enacted in Washington County are no longer useful to the county, or are outdated and need to be repealed.

   B.   Some of the ordinances enacted in Washington County are in need of revision, or updating and need to be amended, including the zoning and subdivision ordinances.

   C.   There are new ordinances that need to be enacted for the safety, health, and to improve the morals, peace, and good order, comfort and convenience of the county and its inhabitants.

   D.   Codifying the ordinances of Washington County, of a general nature, in printed book form, will make the ordinances more accessible to the county and its residents, and will make the ordinances easier to reference and understand.

   E.   The Washington County planning commission ("planning commission") scheduled a public hearing to consider the changes to the subdivision ordinance on November 23, 2004.

   F.   The planning commission caused notice of the hearing and the proposed changes to the subdivision ordinance to be advertised at least fourteen (14) days before the date of the public hearing in The Spectrum, a newspaper of general circulation in Washington County.

   G.   On November 23, 2004, at 1:30 P.M., the planning commission held a public hearing to consider any comments regarding the proposed amendments to the subdivision ordinance. The planning commission accepted all comments regarding the proposed amendments to the subdivision ordinance.

   H.   The amendments to the zoning and subdivision ordinances were submitted to the planning commission on November 23, 2004. The planning commission recommended approval of the amendments to the zoning and subdivision ordinances.

   I.   The Washington County commission ("county commission") scheduled a public hearing to consider the amendments to the zoning and subdivision ordinances on December 7, 2004.

   J.   The county commission caused notice of the hearing and the proposed amendments to the zoning and subdivision ordinances to be advertised at least fourteen (14) days before the date of the public hearing in The Spectrum, a newspaper of general circulation in Washington County.

   K.   On December 7, 2004, at 4:00 P.M., the county commission held a public hearing to consider any comments regarding the proposed amendments to the zoning and subdivision ordinances. The county commission accepted all comments regarding the proposed amendments.

   L.   It is in the interest of the public and the citizens of Washington County that the proposed amendments to the zoning and subdivision ordinances be approved.

   M.   It is in the interest of the public and the citizens of Washington County that the general ordinances, printed in book form by Sterling Codifiers, Inc., be adopted as set forth therein, and that all ordinances or parts of ordinances in conflict therewith, should be, to the extent of such conflict, repealed.

4.   Official Code And Law Of The County.

   From and after the date of passage of this ordinance, the county code of the county of Washington County, Utah, prepared by Sterling Codifiers, Inc., containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the county, shall be accepted in all courts without question as to the official code and law of the county as enacted by the Washington County commission.

5.   Perpetual Codification Of County Code.

   There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official county code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the county clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open.

6.   Ordinances Of A General Nature Included In County Code.

   All ordinances of a general nature included in this official county code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said official county code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the county code. Such ordinances are not intended to be included in the official county code.

7.   Unlawful To Misrepresent County Code.

   It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the county to be misrepresented thereby. Any violation of a provision of this section shall be guilty of a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of the official county code.

8.   Ordinances In Conflict With County Code Repealed.

   All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed.

9.   Effective Date.

   This ordinance takes effect fifteen (15) days after its passage. Following its passage but prior to the effective date, a copy of the ordinance shall be deposited with the county clerk and a short summary of the ordinance shall be published in a newspaper of general circulation within the county as required by law.

APPROVED AND ADOPTED this 7th day of December 2004.

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