12-8-1: PURPOSE; CONDITIONS CONSTITUTING NUISANCE:
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.
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.
(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.
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.
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)
One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that year.
(Ord. 2005-29, 5-24-2005)
A. Any person served a notice pursuant to section 12-8-3 of this chapter, or mailed a statement of itemized costs and demand for payment pursuant to section 12-8-7 of this chapter, may request a hearing before the mayor or a hearing officer designated by the mayor. All applications shall be made by filing a written application in the city recorder's office, together with a copy of the notice or statement and the fee established in section 4-6-1 of this code, within ten (10) days of the date of mailing or the date of personal service of the notice or statement.
B. Upon receipt of an application for hearing, the city recorder shall immediately notify the inspector. If the application is for a hearing in regards to a statement of itemized costs and demand for payment, the city recorder shall also notify the city treasurer.
C. Except as otherwise provided in section 12-8-6 of this chapter, hearings shall be conducted as provided in title 4, chapter 4, article A of this code.
(Ord. 2005-29, 5-24-2005)
A. Notification; Compliance: In the event the decision of the mayor or the designated hearing officer upholds the determination of the inspector, the notice originally given by the inspector as provided in this chapter shall be deemed to be sufficient to require the owner or occupant to remove or abate said objects or conditions and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto. In the event that the decision of the mayor or the designated hearing officer either overrules or modifies the determination of the inspector, the written decision of the mayor or the designated hearing officer shall apprise the inspector of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the said objects or conditions, if any. The owner or occupant shall be required to comply with the decision of the mayor or the designated hearing officer within ten (10) days after personal service or the date of mailing of a copy of said decision unless more time is provided for compliance in such decision, and said decision shall be deemed to be the modified notice of the inspector, which notice shall become final after expiration of the time given for compliance.
B. Failure To Comply; Inspection Action: If any owner or occupant of lands described in such notice or decision fails or neglects to conform to the requirements thereof relating to the eradication or destruction or removal of weeds, garbage, refuse, objects or structures, the inspector shall employ all necessary assistance to cause such weeds, garbage, refuse, objects or structures to be removed or destroyed or otherwise abated at the expense of the city to the extent that such public funds are available.
(Ord. 2005-29, 5-24-2005)
The city treasurer, in coordination with the inspector and the other city officers or employees responsible for performing, or contracting for the performance of, abatement work, shall prepare an itemized statement of all expenses incurred in the abatement of the conditions described in this chapter, together with all administrative costs incurred by the city, and shall mail a copy thereof to the owner demanding payment within thirty (30) days of the date of mailing. Said notice shall be considered delivered when mailed by certified mail addressed to the property owner's last known address.
(Ord. 2005-29, 5-24-2005)
12-8-8: FAILURE TO MAKE PAYMENT; PROCEDURE:
In the event the owner or occupant fails to make payment of the amount set forth in the statement described in section 12-8-7 of this chapter to the city treasurer within said thirty (30) days, the city treasurer may either cause suit to be brought in an appropriate court of law or refer the matter to the county treasurer as provided in this chapter.
(Ord. 2005-29, 5-24-2005)
12-8-9: EXPENSES; COLLECTION:
A. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue for and receive judgment for all of said expenses of destruction and removal, together with all administrative costs incurred by the city, reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.
B. Taxes:
1. In the event that the city elects to refer the expenses to the county treasurer for inclusion in the tax notice of the property owner, the city treasurer shall make in triplicate an itemized statement of all expenses and administrative costs incurred in the destruction and removal of the same and shall deliver the three (3) copies of said statement to the county treasurer within ten (10) days after the expiration of the thirty (30) day period. The city treasurer shall also provide to the county treasurer proof of service of the notice required under section 12-8-3 of this chapter under oath of the city officer or employee who served such notice.
2. Upon receipt of the itemized statement of all expenses, the county treasurer shall, in accordance with the requirements of section 10-11-4, Utah Code Annotated, forthwith mail one copy to the owner of the land upon which the abatement work was performed, together with a notice that objection in writing may be made within thirty (30) days to the whole or any part of the statement so filed. The county treasurer shall, at the same time, deliver a copy of the statement to the clerk of the board of county commissioners.
3. If objections to any statement are filed with the board, the board shall set a date for hearing, giving notice thereof, to the party objecting, the inspector, the city treasurer, and the city attorney's office and, upon the hearing of the matter, determine and fix the actual cost of the abatement work, reporting the findings to the county treasurer.
4. If no objections to the items of the account are made within thirty (30) days of the date of mailing such statement, the county treasurer shall certify and enter the amount of such statement on the assessment rolls of the county in the column prepared for that purpose otherwise, the county treasurer shall, within ten (10) days of the date of the action of the board of county commissioners, upon any objections filed, enter in the prepared column upon the tax rolls the amount found and certified by the board to be the cost of the abatement work.
5. If current tax notices have been mailed, the taxes so incurred may be carried over the rolls to the following year. After the entry by the county treasurer of the certified costs of such work, the amount so entered shall have the force and effect of a valid judgment of the district court, and shall be a lien upon the lands upon which the work was performed, and shall be collected by the county treasurer at the time of and in the manner provided for the payment of general taxes. The county treasurer shall send a copy of the certification to the city treasurer. Thereafter, upon payment, a receipt shall be acknowledged upon the general tax receipt issued by the county treasurer and the collected funds shall be reimbursed to the applicable abatement fund.
6. Pending receipt of the county treasurer's entry of the costs on the assessment rolls of the county and payment of such costs, the city treasurer may provide notice of pending lien by recording a notice in the records of the Weber County recorder's office.
(Ord. 2005-29, 5-24-2005)
The procedure and authority granted by this chapter shall be in addition to and not in lieu of procedures provided in other ordinances of the city which have heretofore been or may hereafter be enacted to accomplish the same or related purposes, and no ordinances are repealed by this chapter.
(Ord. 2005-29, 5-24-2005)
12-8-11: PROHIBITED ACTIVITIES; PENALTIES:
A. Causing Or Permitting Nuisance; Duty To Abate: It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to cause or permit any nuisance as defined in section 12-8-1 of this chapter to be created or to remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises.
B. Failure To Abate: It shall be unlawful for any owner or occupant to fail to abate, within the required time period, any nuisance as defined in section 12-8-1 of this chapter, after service of notice pursuant to section 12-8-3 of this chapter.
C. Misdemeanor: Any person violating the provisions of this chapter shall be guilty of a class B misdemeanor, punishable as provided under title 1, chapter 4 of this code. Every day that a violation continues shall be considered a separate offense and shall be punishable as provided herein.
D. Civil Penalties: Any person who owns or occupies any lot, tract or parcel of land and fails to abate within the required time period any nuisance defined in section 12-8-1 of this chapter, after service of notice pursuant to section 12-8-3 of this chapter, shall be liable for a civil penalty in the amount of one hundred twenty five dollars ($125.00) unless a greater civil penalty is required herein. If abatement of the same type of nuisance is required by the city a second time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of two hundred fifty dollars ($250.00). If abatement is required by the city a third time within the same season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00). Notwithstanding the above, if the owner or occupant was assessed a civil penalty for the same type of violation on the same property in the prior calendar year or season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00) upon any failure to abate within the required time period or upon any abatement performed by the city. Imposition and collection of such civil penalty shall comply with the procedures provided in title 1, chapter 4, article B of this code.
(Ord. 2005-29, 5-24-2005)
Footnote 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.
