Eureka City Zoning Code

1. Any building or structure erected, constructed, or altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance; and any use of land, building, or premises so established, shall be, and the same hereby is declared to be unlawful and a public nuisance.
2. Eureka City shall commence action or legal proceedings to abate, remove, and enjoin the unlawful use thereof.
3. The City shall also take action to restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure, or using property contrary to the provisions of this Ordinance. Said remedies provided for herein shall be cumulative and inclusive. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

It shall be unlawful and declared a public nuisance for any person owning, renting, leasing, occupying, or having charge or possession of any property in Eureka City to allow any of the following conditions to exist on such property; a condition that

1. Affects the reasonable and lawful use of adjoining property;
2. Affects the health or safety of one or more persons;
3. Is a fire hazard as defined in the Uniform Fire Code;
4. Emanates noxious or unreasonable odors, fumes, gas, smoke, soot or cinders;
5. Harbors or permits noxious or undesirable weeds on said property, along public sidewalks or outer edge of any public street, or weeds in any other location which constitutes an unreasonable fire or other hazard;
6. Keeps or stores any refuse and waste matter which interferes with the visual enjoyment of nearby property;
7. Permits stagnant water which constitutes an unhealthy or unsafe condition or odor;
8. Accumulates manure, litter, debris, plant trimmings, or trash on any private or public area;
9. Accumulates or houses used or damaged lumber, broken concrete, construction, farming, gardening or recreational equipment, salvage materials, unused cabinets, furniture, and plumbing fixtures stored so as to be visible from a public street, alley, or nearby property;
10. Is an attractive nuisance dangerous to children and other persons;
11. Is dead, decayed, diseased or hazardous plants or materials likely to harbor vermin, pests, or stray animals;
12. Permits old, improperly maintained signs or use no longer related to said property;
13. Includes a wall, fence, gate, hedge or other structure in a condition of deterioration or disrepair as to constitute a visual eyesore or hazard to persons or adjoining property;
14. Constitutes an improperly-licensed or conditionally-approved storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, industrial or vehicle parts;
15. Graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from a public street or nearby property; or
16. Any violation of a Utah State, Utah or Juab County, or Eureka City Code. Any said or reasonably related condition is hereby declared to be a public nuisance and is subject to abatement as provided herein. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

1. Enforcement of the provisions of this Ordinance is specifically assigned to the building inspector and Utah State, Utah County or Juab County health or public safety official( s), and others designated by Eureka City. Additionally, all other elected and appointed officials and employees of Eureka City are hereby vested with the duty and responsibility to be cognizant of and to report violations of this Ordinance to the Eureka City Mayor.
2. Administrative action may be instigated to abate a nuisance pursuant to the provisions of this Ordinance;
3. A civil action to abate or enjoin a nuisance, or for damages for causing or maintaining a nuisance (including the cost of cleaning the subject property, legal expenses, and all other reasonable and related expenses) may be brought by Eureka City or by any private person directly affected;
4. Upon the inspection of any public official designated by Eureka City, notice in writing may be delivered or mailed to the owner of record, at or addressed to, the owners last known address. If the owner is not able to be served, the official shall refer the matter to the Juab County Treasurer for inclusion in the tax notice of the property owner. The inspection official shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of same nuisance and shall deliver the three (3) copies of said statement to the Juab County Treasurer within ten (10) calendar days after completion of the work of abating or removing such debris, equipment, garbage, materials, objects, refuse, structures, or weeds in the manner set forth in Title 10 Sections 11-3 and 11-4, Utah Code as amended. In any event a minimum administrative fee of one hundred dollars ($100) together with costs of court and attorney's fees, plus interest accrued from the date of initial notice shall constitute a civil debt owed by the property owner( s) or defendant( s) to Eureka City Corporation. 
5. Nothing herein shall be construed to prohibit enforcement through any land use document, zoning code, or applicable nuisance or statute, nor shall the imposition of any criminal sanction inhibit or prevent the imposition of civil remedies provided hereunder. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

1. In situations where total compliance with this Ordinance may be delayed or made impossible as a result of such factors as extreme weather, inability to obtain certain materials, or other factors which are not within the control of the builder or owner of the premises, and where this Ordinance has been reasonably complied with, and health and safety factors have been met, the Planning Commission may recommend, and the City Council may authorize the temporary occupancy or use of a premises.
2. Such temporary occupancy or use shall be subject to conditions specified by the Planning Commission and approved by the City Council, including the acceptance of a written agreement or guarantee, or the posting of a monetary performance bond in the amount specified by the Planning Commission or City Council.
3. If the totality of compliance has not been achieved within the time period set in the written agreement or guarantee, the City shall, by this Ordinance and by the written agreement specific thereto, be authorized to utilize the performance bond for the purpose of completing or abating the building, structure, land use, or project. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

Where reasonably necessary, in the opinion of the Planning Commission, to assure performance, a monetary, or performance bond secured by real property, or a letter of credit from an approved financial institution in the State of Utah may be required .as a condition of issuance of a Building Permit or Conditional Use Permit. Such bond shall be posted or tendered in the amount, time, and manner required by the Planning Commission and approved by the City Council. Any permit, certificate, or license for the occupancy or use of land, buildings, or structures issued in conflict with the provisions of this Ordinance shall be null and void. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

An additional fee of $500 (plus additional charges for actual consultant or staff time if more than $500) shall be assessed any person who requests or requires special assistance from or through Eureka City in meeting the requirements of this Ordinance; or who makes unauthorized changes to an approved plan; or who alters any Permit granted under this Ordinance, or who fails to comply with the provisions specified herein. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025