Chapter 6.15
ADMINISTRATIVE ABATEMENT OF NUISANCES
Sections:
6.15.010 Purpose – Conditions constituting nuisance.
6.15.030 Service of notice – Abatement orders – Personal property.
6.15.040 One notice per season sufficient – Proof of service.
6.15.060 Decision of Hearing Officer.
6.15.070 Itemized statement – Preparation and delivery.
6.15.080 Failure to make payment – Procedure.
6.15.090 Expenses – Collection.
6.15.100 Chapter procedure not exclusive.
6.15.110 Prohibited activities – Penalties.
6.15.010 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 Title 10, Chapter 11, Utah Code Annotated 1953, 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 on 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 limitations or otherwise violating the weed control specifications and requirements under SCC 6.10.030.
(3) Vegetable waste, litter, garbage, filth, or refuse of any nature, kind, or description detrimental to health allowed to accumulate upon any private 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 create 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 material or objects is visible from a public street and is not a use of property permitted or allowed under the land use code:
(a) Uncontained garbage, refuse, litter, or other solid waste;
(b) Household items, indoor appliances, indoor furniture or equipment, construction waste, or demolition waste;
(c) Auto parts, tires, scrap metal, machinery or parts thereof, or other junk or salvage material as defined in either this title or SCC Title 10; or
(d) Any inoperable and unlicensed vehicles.
(8) Vacant buildings or structures which have not been secured against entry by placing secured coverings on openings and which buildings are not maintained in accordance with the maintenance requirements of this code.
(9) Dumpsters or storage containers remaining on the property for greater than 30 days, unless present pursuant to a valid and current building permit.
(10) Construction sites for which building permits have been abandoned for greater than three months, and which contain conditions that render the site dangerous or an attractive nuisance, such as unsecured holes or structures, sharp metal, or exposed rebar. Such sites shall be rendered secure and safe by the property owner.
(11) Vegetation or structures obstructing the view of drivers of motor vehicles as prohibited by this title.
(12) Public nuisances as defined in this title.
(13) 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 the area between their property line and the curb or edge of the roadway, as provided in SCC 6.10.010. [Ord. 16-22 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-1.]
6.15.020 Inspector.
(A) Office Created. The office of Inspector is created for the purpose of administering the provisions of this chapter and the power delegated to the City by the statutes cited in SMC 6.15.010, subject to such control and review as the City Council may from time to time direct. The City Manager or designee 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 from the City Manager or designee, the following officers are hereby authorized to perform the powers and duties of an Inspector:
(1) The City Fire Chief and the Chief’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 Works Director, or the Director’s designee, is also authorized to perform the functions of Inspector for nuisances under SMC 6.15.010(B)(1), (B)(9) and (B)(11).
(B) Powers and Duties.
(1) An Inspector is authorized to enter upon any property or premises within the City to determine whether a public nuisance exists as described in SMC 6.15.010(B) 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 may obtain an administrative search warrant.
(2) Nuisances involving health concerns shall be pursued in coordination with the Davis 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. 24-28 § 1; Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-2.]
6.15.030 Service of notice – Abatement orders – Personal property.
(A) If the Inspector concludes that any of the conditions described in SCC 6.15.010 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 following the notification procedures of this title, requiring such owner or occupant to abate the nuisances within the warning period as defined by this title.
(B) If a written request for hearing is not filed pursuant to SCC 6.15.050, 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 Community Development Director, or the Director’s designee, authorizing City personnel to 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 City Council may adopt rules and regulations providing for the disposition of such property, including the disposition of inoperable, unlicensed, or abandoned vehicles. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-3.]
6.15.040 One notice per season sufficient – Proof of service.
One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that year. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-4.]
6.15.050 Appeals.
(A) Any person served a notice pursuant to SCC 6.15.030, or mailed a statement of itemized costs and demand for payment pursuant to SCC 6.15.070, may request a hearing before the designated Hearing Officer. All applications shall be made by filing a written application in the office of the Planning Division of the City, together with a copy of the notice or statement and the fee established by the City’s fee schedule, within 10 calendar days of the date of mailing or the date of personal service of the notice or statement.
(B) Upon receipt of the application for hearing, the Planning Division 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 Planning Division shall also notify the City Administrative Services Director.
(C) Except as otherwise provided in SCC 6.15.060, hearings shall be conducted as provided in SCC 6.20.020(A). [Ord. 18-06 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-5.]
6.15.060 Decision of Hearing Officer.
(A) Notification – Compliance. In the event the decision of 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 10 calendar days from the date of the notice of the decision within which to conform thereto. In the event that the decision of the designated Hearing Officer either overrules or modifies the determination of the Inspector, the written decision of the 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 Hearing Officer within 10 calendar days after the date of mailing 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 and/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 may 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. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-6.]
6.15.070 Itemized statement – Preparation and delivery.
The City Administrative Services Director, 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 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. 18-06 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-7.]
6.15.080 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 SCC 6.15.070 to the City Administrative Services Director within said 30 days, the City Administrative Services Director 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. 18-06 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-8.]
6.15.090 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’s 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 Administrative Services Director shall follow the procedures provided in Section 10-11-4, Utah Code Annotated 1953, as amended.
(2) 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 Administrative Services Director may provide notice of pending lien by recording a notice in the records of the Davis County recorder’s office. [Ord. 18-06 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-9.]
6.15.100 Chapter procedure not exclusive.
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. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-10.]
6.15.110 Prohibited activities – Penalties.
(A) Causing or Permitting Nuisance – Duty to Abate. It shall be unlawful for any owner and/or occupant of any lot, tract, or parcel of land to cause or permit any nuisance as defined in SCC 6.15.010 to be created or to remain upon such premises; and it shall be the duty of such owner and/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 SCC 6.15.010, after service of notice pursuant to SCC 6.15.030.
(C) Civil Penalties. Any person who owns and/or occupies any lot, tract, or parcel of land and fails to abate, within the required time period, any nuisance defined in SCC 6.15.010, after service of notice pursuant to SCC 6.15.030, shall be liable for a civil penalty in the amount of $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 $250.00. If abatement is required by the City a third time within the same season, the owner and/or occupant shall be liable for a civil penalty in the amount of $500.00. Notwithstanding the above, if the owner and/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 and/or occupant shall be liable for a civil penalty in the amount of $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 penalties shall comply with the procedures provided in SCC 6.05.090. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-3-11.]