Bluffdale City Zoning Code

The city hereby incorporates as though fully set forth herein, the provisions of Utah Code 76-10 Part 8 to define, control, eliminate and set the punishment for any nuisance offense occurring within the city. (Ord. 10-24-00-1, 10-24-2000)

A public nuisance is a crime against the health, safety or general welfare of any citizen of the city. In addition to the definition of a nuisance found in Utah Code § 76-10-803, the city hereby defines a nuisance as:

1. Any condition or use of premises or of building exteriors which are deleterious or injurious, obnoxious or unsightly, which include, but is not limited to, keeping or depositing on, or scattering over the premises lumber, junk, trash, debris, abandoned, discarded or unused objects or equipment, such as furniture, stoves, refrigerators, freezers, cans, containers or other items.
2. Anything that unreasonably or unlawfully affects the health or safety of one or more persons.
3. Anything which unreasonably or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch or drainageway.
4. Noxious weeds, or weeds more than eight inches (8") tall, or weeds within thirty feet (30') of a structure, or weeds within five feet (5') of the outer edge of any public street, or weeds in any other location which constitute an unreasonable fire hazard.
5. Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located.
6. Any accumulation of rubbish, trash, refuse, junk, abandoned materials, metals, lumber, machinery or inoperable vehicles.
7. Noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
8. Leaving or permitting to remain outside of any dwelling for more than three (3) days, any vehicle on jacks, blocks or similar equipment, or having deflated tires, or from which the chassis, engine, wheels or tires have been removed, or without valid registration, or any part of a vehicle when such vehicle or part thereof is located in an area visible from a public street (except in a licensed junkyard). (Ord. 10-24-00-1, 10-24-2000)
   

1. The uniform code for the abatement of dangerous buildings, 1979 edition, as may be amended from time to time, printed as a code in book form by the International Conference Of Building Officials (providing for a just, equitable and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished), three (3) copies of which have been filed for use and examination by the public in the office of the city recorder, is hereby approved and adopted as the abatement of dangerous buildings code.
2. The provisions of the abatement of dangerous buildings code shall apply to all dangerous buildings as therein defined, which now exist or which may exist or hereafter be constructed in the city. All buildings or portions thereof which are determined, after inspection by the building official, to be dangerous as defined in the abatement of dangerous building code, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
3. Any appeal or interpretation provisions of the abatement of dangerous buildings code and to hear appeals provided for thereunder, there is hereby established an abatement of dangerous building board of appeals, consisting of five (5) members who shall not be employees of the city. The building official shall be an ex officio member of and shall act as secretary to the board. The board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the applicant, with a copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in the adopted codes. Copies of all rules and regulations adopted by the board shall be delivered to the building official, who shall make them accessible to the public without cost. (Ord. 10-24-00-1, 10-24-2000)
   

1. Maintenance Of Planter Strips:
   1. Planter strips along all public streets shall be maintained and kept in good order. The strips shall be planted in grass or other acceptable ground cover, and shall not contain weeds or other unsightly debris.
   2. Trees and shrubs shall be properly trimmed and may not interfere with electric or telephone lines, or visually impair the safe movement of automobiles.
2. Maintenance Of Landscaping:
   1. Landscaped areas shall be properly maintained and kept in good order. Grass should be mowed and trimmed in a manner consistent with proper landscaping techniques. Weeds, such as, but not limited to, dandelions and morning glory, shall be controlled by the property owner.
   2. Trees and shrubs shall be properly trimmed and may not interfere with electric or telephone lines, nor overhang adjacent properties without the consent of the adjacent property owner. (Ord. 10-24-00-1, 10-24-2000)
      

In accordance with Utah Code 10-11, it is the intention of the city to establish a means whereby injurious and noxious weeds, garbage, refuse or unsightly and deleterious objects or structures can be removed or abated. It is declared that weeds, objects and structures constitute a nuisance when they create a fire hazard, a source of contamination, pollution of water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to human habitations, or unsightly or deleterious to their surroundings.

1. Code Enforcement Officer: The code enforcement officer shall administer the provisions of this chapter and the powers delegated to the city by statute, subject to such control and review as the city council may from time to time direct. The code enforcement officer may use the services of the building official and fire chief for the purpose of carrying out the provisions of this chapter.
2. Notice Of Violation To Property Owners: The code enforcement officer shall make careful examination and investigation of any injurious and noxious weeds, garbage, refuse or unsightly or deleterious objects or structures. The code enforcement officer shall obtain the names of the owners and descriptions of the premises where the weeds, garbage, refuse, objects or structures exist and serve notice in writing to the owner or occupant of the property. Notice shall be served either personally or by mailing notice to the owner or occupant at the last known address as found on the latest tax assessment rolls of the county assessor. The notice shall state that the owner or occupant, as the case may be, must eradicate, destroy or remove the violation within a time frame directed by the code enforcement officer, which shall not be less than ten (10) days from the date of service of the notice. One notice shall be deemed sufficient on any lot or parcel of property.
3. Failure To Comply:
   1. If any owner or occupant of property that has received proper notice fails or neglects to eradicate, destroy or remove, weeds, garbage, refuse, objects or structures upon the premises in accordance with the notice, the code enforcement officer shall employ necessary assistance and cause the weeds, garbage, refuse, objects or structures to be removed or destroyed. The officer shall prepare an itemized statement of all expenses incurred and shall mail a copy of the expenses to the owner allowing payment to be made within twenty (20) days of the date of mailing. The notice shall be mailed by registered mail addressed to the property owner's last known address. In the event the owner fails to make payment of the amount set forth in the statement to the city treasurer within said twenty (20) days, the officer shall forward the issues to the city attorney for appropriate legal action. In the event collection of the costs are pursued through the courts, the city may sue for and receive judgment upon all costs of removal and destruction, together with reasonable attorney fees, interest and court costs. The city may execute on such judgment in the manner provided by law. In the event that the officer elects to refer the matter to the county treasurer for inclusion in the tax notice of the property owner, the officer shall make in triplicate, an itemized statement of all expenses incurred in the removal and destruction and shall deliver the three (3) copies of the statement to the county treasurer within ten (10) days after the completion of the work of removing the weeds, garbage, refuse, objects or structures.
   2. The code enforcement officer shall be granted the discretion to determine whether weeds, garbage or refuse are unsightly or deleterious objects, or whether structures create a fire hazard, a source of contamination, or pollution of water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to human habitation, or are unsightly or deleterious to their surroundings.
4. Immunity For Inspections: The code enforcement officer, or any city employee working under the direction of the officer, together with the city, shall be immune from any liability for removal of any nuisances identified herein, after following the procedures set forth above and in Utah Code 10-11. (Ord. 10-24-00-1, 10-24-2000)
   

1. Civil Action: A civil action to abate or enjoin a nuisance, or for damages for causing or maintaining a nuisance (including the cost, if any, of cleaning the subject property), may be brought by the city or by any private person directly affected.
2. Criminal Action: It shall be unlawful for any person to maintain or assist in maintaining a nuisance after receiving notice to abate the nuisance. Notice to abate a nuisance shall be given as a prerequisite to prosecution by mailing the notice of violation to the person's last known address, posting the notice conspicuously on or in front of the property occupied by the person, or delivering a copy of the notice of violation to the individual personally. The notice shall be considered received on the third day after the date of mailing or posting. The notice to abate shall reasonably describe the nuisance and the steps necessary to abate the nuisance. (Ord. 10-24-00-1, 10-24-2000) (Ordinance 2023-15, 10-11-2023)
   

1. Any violation of this chapter shall initially be prosecuted as deemed appropriate by the city attorney. The city reserves the right to pursue any legal means to ensure compliance with this chapter. (Ord. 10-24-00-1, 10-24-2000)
2. Any owner, occupant or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 10-24-00-1, 10-24-2000; amd. 2013 Code)