TITLE 4
HEALTH AND SAFETY

CHAPTER 1
NUISANCES

SECTION:

4-1-1: Definitions

4-1-2: Regulations

4-1-3: Examination And Investigation

4-1-4: Duty Of Building Inspector

4-1-5: Notice

4-1-6: Appeal Procedures; Hearing

4-1-7: Abatement By County

4-1-8: Collection By Lawsuit

4-1-9: County Not Civilly Liable

4-1-10: Enforcement

4-1-11: Penalty

4-1-1: DEFINITIONS:

The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:

ABATEMENT: The removal, stoppage, prostration or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying or effacing it.

JUNK: Any or all worn out, cast off, destroyed or discarded article or material which is ready for destruction or has been collected and stored for salvage or conversion to some other use. Any article or material which, unaltered, unchanged and without further reconditioning, can be used for its original purpose as readily as when new and shall not be considered "junk".

JUNK CARS: Any used car or motor vehicle not in the process of reconditioning, which has been abandoned for use as a motor vehicle on a public highway and which is in unsafe operating condition and shall have remained in such condition for a period in excess of thirty (30) days; or portions of junk cars, such as hoods, fenders, radiators, rims, motors, hubcaps, etc., not being immediately utilized in the repair of a motor vehicle.

NUISANCE: Any item, thing, manner or condition whatsoever that is dangerous to human life or health, or renders soil, air, water or food impure or unwholesome.

OWNER: The person, firm or corporation in whose name said premises are listed in the records of the county recorder's office for Washington County, Utah.

PROPERTY: Any real property, premises, structure or location on which a nuisance or public nuisance is alleged to exist.

PUBLIC NUISANCE: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole or smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which, in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the county, in any one or more of the following particulars:

   A.   By reason of being a menace, threat and/or hazard to the general health and safety of the community.

   B.   By reason of being a fire hazard.

   C.   By reason of being unsafe for occupancy or use on, in, upon, about or around the aforesaid property.

   D.   By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

RUBBISH: Means and includes wire, chips, shavings, boxes, barrels, rags, bottles, broken glass, crockery, tin, cast or wooden ware, iron, stumps, tree trunks, paper circulars, handbills, boots, shoes, ashes, trash, or any similar waste material. (2004 Code)

4-1-2: REGULATIONS:

   A.   Storage Of Rubbish Prohibited: No person, firm or corporation shall deposit, store, maintain, collect or permit the storage, deposit, maintenance or collection of any junk, junk cars or rubbish, or cars that are unregistered or cars with expired license plates on his own premises or any premises it or they own or use under his or their control, or in any other place within the county, except as is expressly provided by law.

   B.   Maintaining A Public Nuisance: No person, firm or corporation shall maintain or commit any nuisance or public nuisance. (2004 Code)

4-1-3: EXAMINATION AND INVESTIGATION:

The building inspector is authorized to make examination and investigation of all real property in the county to determine whether owners of such property are complying with the provisions of this chapter. (2004 Code)

4-1-4: DUTY OF BUILDING INSPECTOR:

Upon determination that a violation of the provisions of this chapter exists, the building inspector shall ascertain the name of the owner and a description of the premises where the violation exists, and shall serve notice in writing upon the owner or occupant of such property, either personally or by mailing notice, postage prepaid, addressed to the owner or occupant at the last known post office address as disclosed by the records of the county treasurer, requiring such owner or occupant, as the case may be, to eradicate, destroy or remove the junk, junk cars, rubbish or structures causing the violation within such time as the building inspector may designate, which shall not be more than thirty (30) days from the date of service of such notice. (2004 Code)

4-1-5: NOTICE:

   A.   Letter; Content: The notice herein provided for shall be in the form of a letter, approved by the county commission, stating the manner in which this chapter is being violated, the description and/or location of the premises, the name of the owner and tenant (if known) of said premises and the period of the time within which said premises shall be cleared from the violation of this chapter. The building inspector shall sign such letter.

   B.   Publication: If service of such notice is unable to be perfected by any of the methods described in subsection A of this section, the building inspector shall cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the county, once a week for three (3) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such nuisance or public nuisance exists, or if there is no individual in possession thereof, the building inspector shall cause a copy of the notice to be posted at such structure, location or premises.

   C.   Statement Of Findings; Failure To Comply: The aforesaid notice to the owner of the property shall state clearly and concisely the findings of the building inspector with respect to the existence of a nuisance or public nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the nuisance or public nuisance, pursuant to the orders contained in the building inspector's notice, the nuisance or public nuisance shall be abated by the county at the expense of the owner.

   D.   Record Owner Responsible: Any person who is the record owner of the premises, location or structure at the time an order pursuant to this chapter is issued and served upon him, shall be responsible for complying with that order and liable for any costs incurred by the county therewith, notwithstanding the fact that he conveys his interests in the property to another after such order was issued and served. (2004 Code)

4-1-6: APPEAL PROCEDURES; HEARING:

   A.   Demand For Hearing: The owner or occupant of the property who has been served with a notice pursuant to this chapter that a nuisance or public nuisance exists and that it must be abated within thirty (30) days, may, within seven (7) calendar days after receipt of such notice, make a written demand to the building inspector for a hearing on the question of whether a nuisance or public nuisance in fact exists. The hearing shall be held within seven (7) calendar days following receipt by the building inspector of the written demand, and at least two (2) days' notice of the hearing shall be given to the individual who made the written demand for hearing.

   B.   Conduct Of Hearing: The county commission shall conduct the hearing. The county commission may amend or modify the notice and/or order or extend the time for compliance with the building inspector's order by the owner by such date as the majority of the county commission may determine.

   C.   Evidence: The owner, agent of the owner, and occupant, if any, of the subject property shall be given the opportunity to present evidence to the county commission in the course of the hearing.

   D.   Boarded Up Property Not Defense: It shall not be a defense to the determination that a nuisance or public nuisance exists that the property is boarded up or otherwise enclosed. (2004 Code)