Chapter 8.25
ABATEMENT OF WEEDS AND UNSIGHTLY OBJECTS
Sections:
8.25.020 Weeds and unsightly objects enumerated.
8.25.040 Responsibility for weeds and unsightly objects.
Prior legislation: Ord. 82-1; Code 1988 §§ 12-4-1 – 12-4-6.2.
8.25.010 Enforcement.
Pursuant to this chapter, the city delegates the responsibility for the enforcement of the abatement of weeds and unsightly objects chapter to the city board of health or by and through a representative of the Helper City police department or the city council. The said representative shall carry out the duties of “inspector” as set forth pursuant to Section 10-11-1, et seq., Utah Code Annotated 1953, as amended. [Ord. 2014-3 § 1].
8.25.020 Weeds and unsightly objects enumerated.
Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but listed as nuisances pursuant to Section 10-11-1, et seq., Utah Code Annotated 1953, as amended, and Section 78B-6-1101, Utah Code Annotated 1953, as amended, shall also constitute a nuisance:
A. Noxious Weeds. Noxious weeds located on vacant lots or other property or weeds in any other location which constitute a fire hazard or are unsightly. Undeveloped lots which have weeds, grass or other growth which constitute an existing or potential fire hazard shall be abated. Weed abatement compliance shall be accomplished by pulling, discing, plowing or mowing weeds within four inches of the ground.
B. Vegetation. Dead, decayed, diseased or hazardous trees, weeds, hedges and overgrown or uncultivated grass or vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor pests, rodents or insects, neglected landscaping, any dry or parched landscaping or lawn or failure to maintain any lawn or landscaping including the adequate watering of the same.
C. Dust. Any premises which causes excessive dust due to lack of landscaping, nonmaintenance or other cause.
D. Improper Storage. The keeping, storing, depositing or accumulating on the premises or in the public right-of-way for an unreasonable period of time dirt, sand, gravel, concrete or other similar materials, or maintenance of such material on public rights-of-way. Material stored as part of an active construction project shall not be considered a nuisance.
E. Improper Accumulations. Accumulation of soil, litter, debris, plant trimmings or trash, visible from the street or an adjoining property.
F. Accumulation of Junk. Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets or other fixtures or equipment stored so as to be visible from a public street, alley or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the property.
G. Garbage Can. The leaving of any garbage can or refuse container in the street, other than on collection day, for more than 48 hours after the collection day.
H. Improper Parking or Storage.
1. It shall be unlawful to park, store or leave or permit the parking, storage or leaving of any licensed or unlicensed motor vehicle of any kind, including boats, trailers or vehicle parts, and recreational vehicles, or a part or parts thereof which is in a wrecked, junked, partially dismantled, dismantled or inoperative condition, whether attended or not, upon any property in the city for a period of time in excess of 72 hours, except that two or less vehicles or part or parts thereof may be stored within a building, or placed behind an opaque screening fence six feet in height, and except that such vehicles and part or parts thereof may be within a junk yard or automobile wrecking yard or motor vehicle repair establishment lawfully established and licensed pursuant to this code.
2. For purposes of this section, a motor vehicle shall be deemed inoperative if any of the following conditions exist:
a. The engine, transmission or other mechanical part has been removed so that the motor vehicle may not be operated under its own power;
b. The vehicle is stored or parked other than on its wheels;
c. More than one tire is flat;
d. It has not been registered under the Utah Motor Vehicle Act for a period in excess of 18 months; or
e. It has not been operated under its own power for a period in excess of 18 months.
I. Hazardous Conditions. Any wall, sign, fence, gate, hedge or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons on the property.
J. Graffiti. Graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from a public street.
K. Improper Maintenance. Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair.
L. Refuse. Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
M. Stagnant Water. Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
N. Improper Sign. Improper maintenance of a sign; or signs which advertise a business that is no longer extant on the property. [Ord. 2014-3 § 2].
8.25.030 Penalties.
Any person who shall create a nuisance or maintain a nuisance, or who shall fail to immediately abate any nuisance under this chapter, upon notice thereof, shall be guilty of a class C misdemeanor. A separate offense shall be deemed committed upon each day that a nuisance is maintained or continues to exist. The court may issue either a fine or imprisonment (for a term not to exceed six months) or both. The penalty shall be enhanced if the person who is guilty is determined to be a habitual offender. One notice to abate shall be deemed sufficient on any lot or parcel of property for the entire season of weed and vegetation growth during that year. The amount of the monetary fine shall be as follows:
A. One hundred dollars per day for each day during the first week that the nuisance remains uncorrected or unabated after expiration of the time frame to correct;
B. Two hundred dollars per day for each day thereafter until the nuisance is corrected or abated; and
C. The monetary fine shall be cumulative and may not be waived by the inspector. Payment of a monetary fine pursuant to this section does not relieve the person from the duty to abate the nuisance as required herein. The monetary fine constitutes a personal obligation of the guilty person. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary fine, plus reasonable attorneys’ fees and costs incurred in collecting said monetary fine.
At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be as described in subsections (A) and (B) of this section. [Ord. 2018-1; Ord. 2014-3 § 2].
8.25.040 Responsibility for weeds and unsightly objects.
The responsible person(s) is responsible for abating nuisances pursuant to this chapter. Any person, whether as owner, agent or occupant, who creates, aids in creating or contributes to a nuisance, or who supports, continues or retains a nuisance, is responsible for the nuisance and is therefore a responsible person pursuant to this chapter. Every successive owner or tenant of a property or premises who fails to abate a continuing nuisance upon or in the use of such property or premises caused by a former owner or tenant is responsible therefor in the same manner as the one who first created it. [Ord. 2014-3 § 3].
8.25.050 Exceptions.
No act that is done or maintained under the express authority of an authoritative statute, ordinance or court ruling shall be declared a nuisance. [Ord. 2014-3 § 4].