1. Whenever a vacancy shall occur in the office of mayor, the city council shall appoint a mayor who is a registered voter in the municipality who shall possess all the rights and powers of mayor until 12:00 noon on the first Monday of January following the next municipal election, except as provided in paragraph 3 of this section.

2. If, for any reason the council does not fill the vacancy within 30 days after the vacancy occurs, the two persons having the highest number of votes of the council shall come before the council. If neither candidate receives a majority vote of the council at that time, the vacancy shall be filled by lot in the presence of the council.

3. A vacancy in the office of mayor shall be filled by an interim appointment, followed by an election to fill a two-year term, if:

1. Meeting Procedures. All City Council meetings shall be conducted in accordance with the required procedures contained in the Utah Code.

2. Public Comment. Every agenda for a regularly scheduled meeting of the City Council shall have an item entitled “public comment”. The limited purpose of this item is to allow members of the public to speak to the City Council about any item not on the agenda. During this agenda item, each commenting member of the public is free to express any idea, ask any question, or share any view point without limitation except for the time and manner of the presentation. Each member of the public is limited to the time allowed by the Mayor or Mayor Pro Tem. The Mayor shall use his or her best efforts to ensure that the public comment portion is civil and orderly, to allow the free expression of each commenting member of the public, and to keep the meeting in order. The Mayor, Council members, and staff should not interrupt, argue with, or otherwise interfere with any comment made by a member of the public who is following the time and manner limitations. The Mayor, Council members, and staff may ask clarifying questions of the member of the public making a presentation. The Mayor may allow other members of the public to comment on such a presentation.

3. Public Participation in the Meeting. A member of the public may only participate in a City Council meeting (a) in the public comment portion of a public meeting; (b) if the member of the public is on the agenda; (c) if the Mayor or a City Council member has requested that the person present to the council; or (d) at the Mayor’s or Mayor Pro Tem’s discretion. Any disorderly member of the public may be expelled from a meeting per procedures set forth in Section 2.08.090 of this Chapter. By issuance of subpoena the City Council may also require attendance and testimony of any person per Section 2.08.100 of this Chapter.

4. Council Member Participation. In City Council meetings, Council members shall at all times conduct themselves with decorum and respect and shall refrain from making any disparaging remarks concerning another person. At regular City Council meetings, Council members should discuss and vigorously debate agenda items as needed and without interrupting others who are speaking. A work meeting shall be more informal and Council members may freely participate as long as proper decorum is maintained.

5. Chairing the Meeting. The Mayor or Mayor Pro Tem shall chair each City Council meeting and shall pace the meeting so that all items on the agenda are addressed and either concluded or continued. The Mayor shall use his or her best efforts to ensure that the Council members and members of the public are always treated with respect and that the meetings are orderly.

6. Meeting Adjournment. As a goal, City Council meetings shall be scheduled to end at a reasonable hour. The Mayor and City Council members the meeting in a timely manner. A City Council meeting shall not be adjourned until either all agenda items have been acted upon or a motion to adjourn is made and is approved of by a majority of the City Council. (Ord. 2014-3, adopted, 2014)

1. Members Considered Present. City council members participating electronically shall be considered present at the meeting for all purposes, shall be afforded every opportunity to participate in the discussion of the agenda items, and shall be allowed to cast their vote on issues coming to the city council for a vote.

2. Anchor Location. The main anchor location as described in state law is 100 North State Street, Lindon, Utah, 84042. Any additional anchor location (a) shall be identified by the city council by its proper address; or (b) shall be the location of the mayor or mayor pro tem with the proper declaration and shall be identified by its proper address or other identification as defined in the notification requirements of the state law.

3. Public Notice. Public notice of an electronic meeting of the city council shall be given pursuant to Section 52-4-202 of the Utah Code, as may be amended. .

4. Notice to City Council Members. City staff shall provide notice of an electronic city council meeting to all council members at least twenty-four (24) hours before the meeting so that they may participate in the meeting and be counted as present for all purposes including the determination of whether a quorum is present. This notice shall include a statement that one (1) or more members of the city council will be participating electronically, a description of how each member participating electronically will be connected to the meeting, and the regularly published agenda for that meeting.

5. Mayor Participation. Unless specified otherwise, no city council meeting may be held electronically unless the mayor or mayor pro tem is present at an anchor location and conducts the meeting.

6. Electronic Communications Line. Immediately prior to opening an electronic city council meeting, the mayor or mayor pro tem shall communicate with each council member who is participating electronically and ensure that he or she is prepared to move forward. From that time forward until the adjournment of the meeting, the electronic communications line shall be kept open unless a council member participating electronically wishes to withdraw from the meeting.

7. Continuing the Meeting. If a city council member who participates electronically withdraws early from a meeting, any remaining meeting agenda items may be completed if (a) there is still a quorum of the council present at the main anchor location, or (b) there are sufficient other council members who are participating electronically to comprise a quorum with those at the main anchor location.

8. Public Attendance. The public may attend the open portions of an electronic city council meeting at the main anchor location. The public may participate to the same extent as with a nonelectronic city council meeting.

9. Electronic Participation. Prior to taking a vote on any issue, the mayor or the mayor pro tem:

10. Electronic Meeting Minutes. The minutes of an electronic meeting of the city council shall include the name of each council member who participated electronically, the nature of the electronic communication, and the duration of the council member’s participation. (Ord. 2021-14 §1, amended, 2021; Ord. 2014-4, adopted, 2014)

1. If, for any reason, the council does not fill the vacancy within 30 days after the vacancy occurs, the two persons having the highest number votes of the council shall come before the council. If neither candidate receives a majority vote of the council at that time, the vacancy shall be filled by lot in the presence of the council.

2. A vacancy in the office of a city council member shall be filled by an interim appointment, followed by an election to fill a two-year term, if:

“Administrative citation” means a citation issued to a responsible person that gives notice of a violation of the Lindon City Code and specifies the civil fee for such violation.

“Administrative hearing” means a hearing on and appeal as authorized under the Lindon City Code.

“Administrative law judge” means a person appointed by the mayor or their designee to preside over administrative hearings.

“Administrative order” means an order issued by an administrative law judge. The order may include an order to enter upon private property to abate a violation of this code, to pay civil fees and administrative costs, to reverse or modify decisions of city officials as provided elsewhere in this code or take any other action as authorized or required by this chapter and applicable state codes.

“Interested person” means any person who would have standing to challenge a city action in a court of law or who is entitled to notice of a city action pursuant to an applicable provision of this code.

“Itemized statement of costs” means a written notice to a responsible person, itemizing the city’s actual costs and administrative cost of abating a code violation, ordering payment of those costs, and advising the responsible person of the right to contest the reasonableness of the costs at an administrative hearing.

“Municipal action” means a notice of violation and summons, an administrative citation, an itemized statement of costs, a notice of emergency abatement or other notice of any other adverse municipal decision for which the right to an administrative hearing is specifically provided by ordinance.

“Notice of emergency abatement” means a written notice that informs a responsible person of emergency abatement actions taken by the city and provides an itemized statement of costs for those actions.

“Notice of violation” means a written notice that informs a responsible person of code violations, and outlines what steps are necessary to correct the violations.

“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, sergeant, officer or employee of any of them or any other entity that is recognized by law as the subject of rights or duties. For purposes of this chapter, “person” also indicates a person whose interest is averse to the city at an administrative hearing.

“Summons” means a notice requiring a person to attend an administrative hearing, providing the time, date and place of hearing and which outlines the consequences of the failure to attend. (Ord. 2025-15 § 2, adopted, 2025)

1. Where the right to an administrative hearing has been established under this code, a person having that right may request an administrative hearing if the request is filed within ten (10) calendar days from the date of service of one (1) of the following:

2. The request for an appeal or administrative hearing shall be made in writing or through the city’s online application process and shall be accompanied by a filing fee as established in the Lindon City fee schedule.

3. The request shall comply with the following requirements:

4. The administrative law judge shall schedule a date, time and place for the administrative hearing to be held no later than thirty (30) days after receiving a request for an administrative hearing. Failure to schedule the hearing within thirty (30) days of the request shall not be a basis for reversal of the municipal action. No adverse action, except for an emergency abatement pursuant to Section 8.20.090(3)(d), shall be taken pending the administrative hearing. In the event of an emergency abatement action by the city, the administrative hearing shall be held as soon as practical after the request for an administrative hearing is received.

5. Failure to request an administrative hearing within ten (10) calendar days from the date of service of any of the notices identified in Subsection 2.22.050(1) above shall constitute a waiver of the right to an administrative hearing and/or the right to an appeal. (Ord. 2025-15 § 2, adopted, 2025)

1. Notice of the date, time, and place of the administrative hearing shall be served upon the person requesting the hearing no later than five (5) city business days in advance of the hearing. Failure to provide timely notice of the hearing shall result in the continuation of the hearing. No adverse action will be taken or imposed by the city, with the exception of emergency abatement action pursuant to Section 8.20.090(3)(d), pending the hearing.

2. Notice of an administrative hearing and summons shall be served in accordance with Section 8.20.080.

3. Notices and summons shall include a clear statement of the consequences of failing to attend the administrative hearing as set forth in Section 2.22.100.

4. Upon service of the notice of hearing or of a summons, the person receiving the service shall be required to attend the administrative hearing at the appointed date and time. (Ord. 2025-15 § 2, adopted, 2025)

1. The mayor, with the consent of the city council, shall appoint an administrative law judge to preside at administrative hearings.

2. The administrative law judge shall serve for a term of two (2) years and, during that two (2) year term, shall be subject to removal by the mayor only for cause.

3. Cause for removal may be for any conduct unbecoming a hearing officer, dereliction of assigned duties or the existence of a bias or conflict of interest that might affect impartiality of decisions. The administrative law judge may appeal a removal for cause to the city council which shall uphold the removal if there is substantial evidence to support the mayor’s decision.

4. A person appointed to serve as an administrative law judge shall either be law trained or have significant experience with the requirements and operation of administrative hearing processes. The person shall be free from any bias or conflict of interest that might affect impartiality of decisions.

5. An administrative law judge is subject to disqualification and recusal from a particular hearing for bias, prejudice, conflict of interest, or any other reason for which a judge may be disqualified in a court of law. The decision of recusal shall be made by the administrative law judge, but either party may appeal a decision not to recuse to the city administrator. An appeal on the decision not to recuse shall be made to the city administrator within five (5) days of the decision and shall be made in writing.

6. In circumstances where special expertise in a particular subject matter would be beneficial in providing a fair and equitable appeals process, and where the right to appoint a special administrative law judge has been specifically granted in other sections of this code, the city administrator, in consultation with the mayor, may appoint a special administrative law judge on a temporary basis to hear such appeals. (Ord. 2025-15 § 2, adopted, 2025)

1. As related to appeals of a land use decision made under Title 17, the administrative law judge shall have only the authority and powers granted to the appeal authority under Chapter 17.09.

2. An administrative law judge shall have authority to hold an administrative hearing for violations of this code and such other matters as specifically designated by ordinance.

3. An administrative law judge may continue a hearing for good cause shown by one (1) of the parties or if the administrative law judge independently determines that due process has not been adequately afforded to a party.

4. At the request of any party to an administrative hearing, an administrative law judge may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed helpful by the administrative law judge to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

5. The administrative law judge may modify civil fees or fines upon a finding of good cause. The administrative law judge may reduce the fines to what is just and equitable under the circumstances; however, in connection with an appeal regarding an itemized statement of costs, the administrative law judge may not order the responsible person to pay less than actual costs incurred by the city and shall require the responsible person to pay the administrative costs as established in the consolidated fee schedule.

6. The administrative law judge shall have the authority to reverse the decision of a city official, board, commission, or body if they find the decision is illegal and in contradiction of state or federal laws or city ordinances, and shall have the authority to alter or modify such decisions, if possible, to bring them into conformance with such laws or regulations.

7. If the administrative law judge finds a decision of a city official, commission, or body is not supported by substantial evidence in the record, they shall remand the issue back to the underlying official, commission, or body for further review and action.

8. An administrative law judge has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of: granting a continuance; ordering compliance by issuing an administrative order; ensuring compliance of that order; authorizing the city to enter upon private property to abate a violation; modifying an administrative order; assessing costs of abatement; assessing civil fines; or, where extraordinary circumstances exist, granting a new hearing.

9. An administrative law judge may require a responsible person to post a performance bond to ensure compliance with an administrative order, but only if agreed to by the enforcement official handling the matter for the city.

10. An administrative law judge shall not make any order that would require or allow a person to violate state or federal law or city ordinance. (Ord. 2025-15 § 2, adopted, 2025)

1. As related to appeals of a land use decision made under Title 17, the administrative law judge shall follow the process and procedures established under Chapter 17.09.

2. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, upon request made in writing reasonably in advance of a hearing, the city shall provide a person requesting a hearing the opportunity to review documents, photographs or other tangible evidence it intends to present at the hearing and shall provide a list of the witnesses it intends to call at the hearing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow duly adopted policies and procedures.

3. Regarding hearings addressing a notice of violation and summons, an administrative citation, or an itemized statement of costs, the city shall bear the burden of proof to establish the existence of a violation of the city code and/or need for the incurred costs for abatement.

4. The review of city actions shall be made on the record, and the standard of review shall be based upon substantial evidence in the record, unless otherwise specified in the code section which grants the city the authority to make the decision being appealed.

5. Each party shall have the opportunity to cross-examine witnesses and present arguments in support of their case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

6. Administrative hearings are quasi-judicial proceedings, and the office of an administrative law judge does not fall within the definition of a public body under the Utah Open Meetings Act. As such, administrative hearings do not fall within the purview of said act and do not constitute public meetings, and no public notice is required. Deliberations of the administrative law judge may be made in private.

7. Hearings shall be held at City Hall and shall be recorded by audiotape. However, at the discretion of the administrative law judge, administrative hearings may be held at the location of a violation as long as adequate provision is made to preserve a verbatim record of the hearing.

8. The person shall have the right to be represented by an attorney or other advocate. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address, and telephone number shall be given to the city attorney at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the city’s request, and all costs of the continuance shall be assessed to the person requesting the hearing.

9. The burden to prove any raised defenses shall be upon the party raising any such defense and shall be established by a preponderance of the evidence.

10. Administrative hearings may be held on Mondays through Fridays, excluding city holidays, between the hours of eight a.m. and nine p.m. (Ord. 2025-15 § 2, adopted, 2025)

1. A person and the city may enter into a stipulated agreement, which shall be signed by both parties. Such an agreement may be entered as an administrative order. Entry of such agreement shall constitute a waiver of the right to an administrative hearing and the right to appeal.

2. Within fourteen days (14) after all evidence and testimony are presented, the administrative law judge shall issue a written administrative order that affirms, rejects, or modifies the notice of violation and summons, itemized statement of costs, administrative citation, notice of emergency abatement or other municipal action.

3. If affirmed, the administrative order shall specify the evidence supporting the administrative law judge’s decision and the action required to satisfy the order.

4. The administrative law judge may assign the party who prevails at the administrative hearing to prepare findings of fact and conclusions of law.

5. An administrative law judge may issue an administrative order that requires a person to cease violating this code and to take any necessary corrective action.

6. An administrative law judge may order the city to enter the property and abate all violations, including the removal of animals in violation of an applicable code requirement. Whenever an order of abatement is entered, the administrative law judge shall order the responsible person to pay the city the actual costs of the abatement and the administrative costs of the city to perform the abatement.

7. An administrative law judge may revoke a kennel permit, an animal license, and the right to possess animals as provided in this code.

8. As part of an administrative order, an administrative law judge may establish specific deadlines for the payment of fees and costs and condition the total or partial assessment of civil fees on the responsible person’s ability to take necessary corrective actions by specified deadlines. Such fees shall continue to accrue until the responsible person complies with the administrative law judge’s decision and corrects the violation.

9. An administrative order imposing civil fines for failure to abate a violation of the city code by a stated deadline shall continue to accrue additional fines until the responsible person complies with the administrative law judge’s decision and corrects the violation, but shall not exceed five hundred dollars ($500.00) for each fourteen (14) day period the violation continues for a violation in a residential zone, or one thousand dollars ($1,000) for each fourteen (14) day period the violation continues in a nonresidential zone or for a nonresidential use.

10. An administrative law judge may schedule subsequent review hearings as may be necessary or as requested by the city to ensure compliance with an administrative order.

11. An administrative law judge may order a person to post a performance bond to ensure compliance with an administrative order, but only if agreed to by the enforcement official handling the matter for the city.

12. An administrative law judge may revoke or suspend a business license, a building permit, or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of real property or a structure where a violation is located as provided in this code.

13. An administrative order shall become final on the date of signing by an administrative law judge.

14. An administrative order shall be served on all parties in the same manner provided in Section 2.22.060.

15. An administrative law judge may take any action reasonably necessary to obtain compliance with the applicable city ordinances.

16. An administrative law judge may assess civil fines and costs of abatement and administrative costs to a responsible person. (Ord. 2025-15 § 2, adopted, 2025)

1. It shall be unlawful for any person to fail to comply with the terms and deadlines set forth in a final administrative order.

2. A violation of this section shall be a class B misdemeanor.

3. Upon failure of a person to comply with the terms and deadlines set forth in the administrative order, the city may use all appropriate legal means to recover the civil penalties and administrative costs to obtain compliance. (Ord. 2025-15 § 2, adopted, 2025)

1. An administrative law judge shall have the authority to issue a variance to a land use ordinance of the city, only upon a showing of compliance with the rules and procedures contained in this section.

2. Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest may apply for a variance from the terms of the applicable land use ordinance.

3. A variance may be granted only if:

4. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (3)(a) above, administrative law judge may not find an unreasonable hardship unless the alleged hardship:

5. In determining whether or not there are special circumstances attached to the property under Subsection 2.22.120(2)(b) above, the administrative law judge may find that special circumstances exist only if the special circumstances:

6. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

7. Variances run with the land.

8. The administrative law judge, or any other body, may not grant variances to uses allowed in a district or zone.

9. In granting a variance, the administrative law judge may impose additional requirements on the applicant that will:

1. Any person adversely affected by a final administrative order made in the exercise of the provisions of this chapter may file a petition for review in the district court.

2. The petition shall be barred unless it is filed within thirty (30) days after the administrative order is final.

3. In the petition, the person may only allege that the administrative order was arbitrary, capricious or illegal.

4. The court shall:

5. Within one hundred twenty (120) days after submitting the petition, the party petitioning for appeal shall request a copy of the record of the proceedings, including minutes, findings, orders and, if available, a true and correct transcript of the hearing when necessary.

6. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection. If a transcript of a hearing cannot be prepared because the tape recording is incomplete or unintelligible, the district court may, in its discretion, remand the matter to the administrative law judge for a supplemental proceeding to complete the record. The district court may limit the scope of the supplemental proceeding to issues that, in the court’s opinion, need to be clarified.

7. If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the administrative law judge and the court determines that the administrative law judge improperly excluded it. The court may call witnesses and take evidence if there is no record.

8. The filing of a petition for review with the district court does not stay execution of an administrative order. Before filing a petition, a person may request the administrative law judge to stay an administrative order. Upon receipt of a request to stay, the administrative law judge may order the administrative order to be stayed pending district court review if the administrative law judge finds such stay to be in the best interest of the city. (Ord. 2025-15 § 2, adopted, 2025)

1. Pursuant to Utah Code 10-3-818, compensation for elected and appointed officials of Lindon City will be adopted as part of the annual budget.

2. Elected city officials will receive any annually approved cost of living increases. (Ord. 116 §1, amended, 1985; Ord. 95 §1, amended, 1983; Prior code §9-82; Ord. 99-3, amended, 2000; Ord. 2014-6, adopted, 2014)

1. No elected or appointed officer or municipal employee shall:

2. This Section does not apply to:

3. In addition to any penalty contained in any other provision of law, any person who knowingly and intentionally violates this Section, shall be dismissed from employment or removed from office and shall be subject to prosecution pursuant to state law. (Ord. 2010-6, amended, 2010; Ord. 92-6, adopted, 1992)

1. The Mayor or the City Council may, within budgeted appropriations, authorize the payment of an allowance for members of the City Council and Planning Commission for the purchase, or assistance in the purchase, of a smart phone, laptop computer, digital tablet, or similar device that is capable of receiving and displaying City documents in a digital format. The amount for said allowance shall be established by the City Council and identified within the annually adopted Lindon City budget. The use of this allowance to purchase, or to aid in the purchase, of a smart phone, laptop computer, digital tablet, or similar device is considered part of the compensation provided to members of the City Council and Planning Commission and when used does not constitute the purchase of City equipment, but the purchase of personal property for the individual member. Such devices shall be and shall remain the personal property of the individual member seeking use of the allowance.

2. Subject to budgetary constraints, this allowance shall be available to each member of the City Council as of April 16, 2013 and each member of the Planning Commission as of July 1, 2013 and shall thereafter be made available to each newly elected or appointed member of each respective body. The allowance for City Council members may be renewed every two years. The allowance for Planning Commissioners may be renewed every three years. This allowance shall not be renewed and made available on reelection or reappointment of a member if they have already used the allowance within the previous two or three year timeframes as listed above. (Ord. 2013-2, adopted, 2013)

“Absent” means not physically present or not able to be communicated with for 12 hours, or, during an emergency, such shorter period of time as determined by the Mayor, or his successor, on a case-by-case basis. Absent does not include a person who can be communicated with via telephone, radio, or telecommunications.

“Attack” means a nuclear, conventional, biological, or chemical warfare action against the United States of America or the State of Utah.

“Disaster” means a situation causing, or threatening to cause, widespread damage, social disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural phenomenon, or technological hazard.

“Emergency interim successor” means a person designated by this chapter to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable.

“Executive director” means the person with ultimate responsibility for managing and overseeing the operations of each department, however denominated.

“Internal disturbance” means a riot, prison break, disruptive terrorism, or strike.

“Natural Phenomenon” means earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, drought, epidemic, or other catastrophic event.

“Office” includes all city offices, the powers and duties of which are defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws, including all heads of departments.

“Place of governance” means the physical location where the powers of an office are being exercised.

“Political subdivision officer” means a person holding an office in the city.

“Technological hazard” means any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.

“Unavailable” means absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.

1. Whenever, in the judgment of the fire chief, or the Lindon City building official appointed pursuant to Title 15, any building or structure, or any portion thereof, or any appurtenances or fixtures thereto, or any chimney, smokestack, stove, oven, furnace or wiring or thing connected with such building or premises is deemed defective or unsafe, and such defect or unsafe condition is such as to create a danger from fire; or whenever the owner or occupant of such building or structure or part thereof keeps or stores any explosive, combustible, flammable material, waste or rubbish of any description in such manner that the same creates a danger from fire, the fire chief, the Lindon City building official, or their deputies, shall give the owner or person having control of such building or structure notice of not less than five days of required changes, alterations or repairs necessary to render the same safe to life and property from fire. Such notice shall provide a time frame in which the required actions must be completed and a statement of whether or not occupation safety considerations require the premises to be vacated during such repairs or modifications. Any person refusing or neglecting to comply with such notice shall be deemed guilty of a Class B misdemeanor.

2. Any person affected by the decision of the fire chief, the Lindon City building official, or their deputies, made pursuant to the authority granted under this section, shall have the right to appeal the decision to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such appeal must be filed within ten (10) days of the decision being issued. The decision shall only be reversed, remanded, or modified if the decision is found to be unlawful, arbitrary or capricious. (Ord. 2025-15 § 3, amended, 2025; Ord. 2010-6, amended, 2010; Prior code §7-15)

1. Whenever any unoccupied building is not properly secured or enclosed, the fire chief, or the Lindon City building official appointed pursuant to Title 15, or their deputies, shall immediately visit the premises and notify the owner or person having control of the same, forthwith to secure or enclose the same, and the person so notified as aforesaid shall, within forty-eight (48) hours, comply therewith.

2. Any person affected by the decision of the fire chief, the Lindon City building official, or their deputies, made pursuant to the authority granted under this section, shall have the right to appeal the decision to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such appeal must be filed within ten (10) days of the decision being issued. The decision shall only be reversed, remanded, or modified if the decision is found to be unlawful, arbitrary or capricious. (Ord. 2025-15 § 4, amended, 2025; Prior code §7-16)

1. Any person violating any provision of this chapter shall be deemed guilty of a Class B misdemeanor.

2. Each day that any violation continues after notification by the Chief or his agent that such violation exists shall be considered a separate offense. (Ord. 2010-6, amended, 2010; Prior code § 7-27)

1. The commission shall consist of a minimum of five members with a demonstrated interest, competence, or knowledge in historic preservation, appointed by the city council for terms of not less than two years.

2. To the extent available in the community, two Commission members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, archaeology, planning, architecture, or architectural history.

3. The Commission shall meet at least twice each year and conduct business in accordance with the Open Public Meeting laws of Utah. This includes public notification of meeting place, time, and agenda items.

4. Written minutes of each Commission meeting shall be prepared and made available for public inspection. A historic preservation commission is hereby established by Lindon City with the following provisions:

1. Survey and Inventory Community Historic Resources. The Historic Preservation Commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated at least every 10 years.

2. Review Proposed Nominations to the National Register of Historic Places. The Historic Preservation commission shall review and comment to the State Historic Preservation Officer on all proposed National Registry nominations for properties within the boundaries of Lindon City. When the Historic Preservation Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission shall seek expertise in that area before rendering its decision.

3. Provide advice and information.

4. Enforcement of state historic preservation laws.

1. Criteria for designating properties to the Lindon historic sites list. Any district, building, structure, object, or site may be designated to the historic sites list if it meets all the criteria outlined below:

2. Nomination and list procedures. Any person, group, or government agency may nominate a property for listing in the Lindon historic sites list. The nomination and listing procedures are as follows:

3. Removal of properties from the historic sites list. Properties which, in the opinion of the historic preservation commission, no longer meet the criteria for eligibility may be removed from the historic sites list after review and consideration by the committee.

1. Criteria for designation to the Lindon historic landmark. Any district, building, structure, object, or site may be designated to the historic landmark register if it meets all the criteria outlined below:

2. Designation procedures.

3. Enforcement. The provisions of this section are subject to the enforcement provisions established with regard to building permits and building codes. (Ord. 12-92, amended, 1993)

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Ord. 2010-6, amended, 2010; Ord. 12-92, amended, 1993)

1. Supervising the operations and maintenance of the cemetery grounds and improving such grounds under the direction of the city council.

2. Recommending to the city council such additional rules and regulations as may be required for the proper and efficient operation, maintenance, use, and protection of city cemeteries.

3. Subdividing all city cemeteries into sections and lots, and maintaining a plat of the cemetery grounds showing the location of the same.

4. Maintaining an accurate, indexed record of the present ownership or use of all burial lots in all city cemeteries. Said record shall indicate the identity of the purchaser.

5. Preventing any city cemetery from being used beyond its capacity, as established by the city council.

6. Preventing the trespass of animals not confined at all times within a vehicle and of minors not employed by the city and not accompanied by an adult; enforcing traffic regulations within city cemeteries in cooperation with the city police; reporting as well as preventing, to the extent practicable, the vandalism of cemetery property.

7. Opening and closing or causing to be opened or closed all graves required for the burial of the dead in city cemeteries.

8. Interring or permitting the interment of the remains of the dead only if such interment is to be made by a licensed funeral director or by a person in possession of a burial-transit permit as required by U.C.A. §26-12-17, and all other state and local laws and regulations.

9. Complying with the procedures mandated by U.C.A. §26-2-12, and all other state and local laws and regulations.

10. Keeping current a true and complete record of all interments made in city cemeteries, setting forth the name of the decedent, the place of death, the date of burial, and the name and address of the funeral director or other person making the interment. Such record shall be prepared and maintained at the expense of the city and shall be open to public inspection.

11. Preparing and sending a list of interments, made in city cemeteries each month, in the manner and to the state officer designated in U.C.A. §26-2-17(3), and other applicable law.

12. Collecting in advance such charges and fees relating to city cemeteries as the city council may set by resolution.

13. Selling burial rights and collecting all sums arising from such sales, to include the purchase price of the burial rights and the fees established by resolution of the city council.

14. Removing or causing to be removed, without notice, floral pieces, displays, or other items left on any grave, as deemed necessary to the appearance or maintenance of city cemeteries.

15. Directing the parking, standing, or movement of vehicles through city cemeteries.

16. Performing such other duties in relation to the cemetery as may be required by this chapter and Chapter 8.32 of this Code. (Ord. 92-11, adopted, 1992)

“Agent of a candidate” means:

“Anonymous contribution limit” means an amount of fifty dollars ($50.00) and is from an unknown source.

“Candidate” means an individual who files a declaration of candidacy for municipal office or who receives contributions, makes expenditures, or gives consent for any other individual to receive contributions or to make expenditures to bring about the individual’s election to a municipal office.

“Candidate” does not include an individual who filed for the office of judge of the Lindon City justice court.

“Contribution” means:

A “contribution” does not include:

“Coordinating with the candidate” means providing services or goods for the benefit of a candidate or using official logos, slogans, or elements belonging to or owned by the candidate, with the prior knowledge or agreement of the candidate or an agent of the candidate.

“Expenditure” means:

“Expenditure” does not include services provided without compensation by an individual volunteering the individual’s time on behalf of the candidate.

“In-kind contribution” means anything of value other than money that is accepted by the candidate, an agent of the candidate, or through coordinating with the candidate.

“Monetary contribution” means a contribution given to a candidate or an agent of the candidate of any money or credit made in cash, check, or any electronic transfer.

“Political consultant” means an individual who is paid by a candidate, or paid by another person on behalf of and with the knowledge of the candidate, to provide political advice to the candidate and includes individuals who:

“Political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any individual to refrain from voting or to vote for or against any candidate or an individual seeking a municipal office at any caucus, political convention, or election.

“Reporting entity” means:

“Reporting limit” means an amount of fifty dollars ($50.00). (Ord. 2017-7 §1, adopted, 2017)

1. A municipal general election shall be held in Lindon City on the first Tuesday after the first Monday in November of each odd-numbered year. At the municipal general election, the voters shall:

2. The officers elected shall continue in the office to which they were elected for four (4) years except in case of death, resignation, removal, or disqualification from office. The officers so elected shall begin their term of office at 12:00 noon on the first Monday in January following their election. (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007; Ord. 92-6, amended, 1992; Prior code §91-1. Formerly 2.44.010)

1. The offices of mayor and two (2) councilmen shall be filled in municipal elections held in every fourth year after 1977. Their terms shall be for four (4) years.

2. The offices of the other three (3) councilmen shall be filled in municipal elections held in every fourth year after 1979. The terms shall be for four (4) years.

3. The officers shall be elected in at-large elections which are held at the time and in the manner provided for electing municipal officers.

4. On or before May 1st in a year in which there is a municipal general election, the city recorder shall publish a notice identifying the municipal offices to be voted upon in the general municipal election which satisfies the requirements of § 10-3-301, Utah Code (1953, as amended). (Ord. 2017-7 §1, renumbered, 2017. Formerly 2.44.020)

1. An individual involuntarily confined in a jail or prison within Lindon City who was not a resident of Lindon City prior to confinement or incarceration; or

2. An individual who resides outside the boundaries of the Lindon City; or

3. An individual who has not registered to vote within the time and in the manner prescribed by Chapter 2, Title 20A, Utah Code (1953, as amended). (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007; Ord. 92-6, amended, 1992; Prior code §91-1. Formerly 2.44.050)

1. Each individual seeking to become a candidate for municipal office shall file a declaration of candidacy, which complies with the requirements described in § 20A-9-203 of the Utah Code (1953, as amended), with the city recorder during office hours and not later than 5:00 p.m. between June 1st and June 7th of any odd-numbered year. When June 7th is a Saturday, Sunday, or holiday, the filing time shall be extended until 5:00 p.m. on the following business day. The declaration of candidacy shall be filed in person by the individual seeking to be a candidate, or by the individual’s agent, provided the requirements of § 20A-9-203(5), Utah Code (1953, as amended), are properly satisfied.

2. Before filing a declaration of candidacy for election to any city office, an individual shall:

3. An individual seeking to file a declaration of candidacy may not:

4. Before accepting any declaration of candidacy, the filing officer shall:

5. If the prospective candidate states that they do not meet the qualification requirements for the office, the filing officer may not accept the prospective candidate’s declaration of candidacy. If the candidate states that they meet the requirements of candidacy, the filing officer shall:

6. The form of the declaration of candidacy shall be as established by § 20A-9-203, Utah Code (1953, as amended). (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007; Ord. 92-6, amended, 1992; Prior code §91-1. Formerly 2.44.060)

1. Any resident of Lindon City may nominate a candidate for a city office by filing a nomination petition with the city recorder or town clerk during office hours but not later than 5:00 p.m. between June 1st and June 7th of any odd-numbered year. When June 7th is a Saturday, Sunday, or holiday, the filing time shall be extended until 5:00 p.m. on the following business day.

2. The nomination petition must be signed by twenty-five (25) residents of Lindon City who are at least eighteen (18) years old.

3. The form of the nomination petition shall be as established by § 20A-9-203, Utah Code (1953, as amended). (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007. Formerly 2.44.070)

1. Each individual wishing to become a valid write-in candidate shall file a declaration of candidacy with the city recorder not later than sixty (60) days before the regular municipal general election. If the filing deadline falls on a weekend or holiday, it shall be extended to the next regular business day.

2. The city recorder shall:

3. A voter may cast a write-in vote by entering the name of a valid write-in candidate on a paper ballot or ballot sheet or in the areas designated on any other form of ballot provided. (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007. Formerly 2.44.080)

1. The city recorder shall verify with the county clerk that all candidates are registered voters. Any candidate who is not registered to vote is disqualified and the recorder may not include the candidate’s name on the ballot.

2. Immediately after expiration of the period for filing a declaration of candidacy, the city recorder shall:

3. A declaration of candidacy or nomination petition is valid unless a written objection is filed with the clerk within five (5) days after the last day for filing. If an objection is made, the clerk shall:

4. If the city recorder sustains the objection, the candidate may correct the problem by amending the declaration or petition within three (3) days after the objection is sustained or by filing a new declaration within three (3) days after the objection is sustained.

5. The city recorder’s decision on an objection to form is final. Challenges to the city recorder’s decision on substantive matters shall be made pursuant to Section 20A-9-203, Utah Code (1953, as amended). (Ord. 2021-14 §3, amended, 2021; Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007. Formerly 2.44.090)

1. If two (2) or more candidates for a position have an equal and the highest number of votes for any office, the election officer shall determine by lot which candidate is selected in a public meeting in the presence of each individual subject to the tie within thirty (30) days of the canvass or within thirty (30) days of the recount if one (1) is requested or held.

2. For any primary election, if two (2) or more candidates for a position have an equal and the highest number of votes for any office, the election officer shall determine by lot which candidate is selected in a public meeting in the presence of each individual subject to the tie within five (5) days of the canvass or within five (5) days of the recount if one (1) is requested or held. (Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007. Formerly 2.44.110)

1. Deposit of Monetary Contributions. Each candidate:

2. Anonymous Contributions. For purposes of this section, “anonymous contribution limit” means a contribution of fifty dollars ($50.00) or more. Within thirty (30) days of receiving a contribution that exceeds the anonymous contribution limit, a candidate shall disburse the amount of the anonymous contribution to either:

3. In a year in which a municipal primary is held, each candidate who will participate in the municipal primary shall file a campaign finance statement with the city recorder no later than twenty-eight (28) days before the date of the primary election as set by Section 20A-1-201.5 of the Utah Code Annotated 1953.

4. Each candidate for municipal office who is not eliminated at a municipal primary election shall file with the city recorder a campaign finance statement as described in this section:

5. Each candidate for municipal office who is eliminated at a municipal primary election shall file with the city recorder a campaign finance statement as described in this section no later than thirty (30) days after the date of the municipal primary election.

6. The campaign finance statement for each candidate who receives more than five hundred dollars ($500.00) in campaign contributions or spends more than five hundred dollars ($500.00) on the candidate’s campaign shall:

7. The campaign finance statements for each candidate who receives five hundred dollars ($500.00) or less in campaign contributions and spends less than five hundred dollars ($500.00) on the candidate’s campaign expenditures shall only be required to report the total amount of all campaign contributions and campaign expenditures.

8. Campaign finance statements, which are required to be filed twenty-eight (28) days before the municipal primary and the general elections, shall include all contributions received and all expenditures made up to and including five (5) days before the campaign finance statement is due.

9. The city recorder shall, at the time a candidate for municipal office files a declaration of candidacy, and again thirty-five (35) days before each municipal general election, notify the candidate in writing of:

10. The city recorder shall make each campaign finance statement filed by a candidate available for public inspection and copying at the Lindon City offices no later than one (1) business day after the statement is filed.

11. If a candidate fails to file a campaign finance statement before the municipal primary or general election by the deadline specified herein the following procedures shall be followed:

12. Election officials may not count any votes for a candidate who has been disqualified for failure to comply with this section.

13. A candidate who timely files a campaign finance statement, but which contains omissions, errors or inaccuracies which are inadvertent and are insignificant, is not disqualified if the statement still details accurately and completely the information required herein and the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.

14. A campaign finance statement required under this section is considered to be filed if it is received in the Lindon City offices by 5:00 p.m. on the date that it is due. (Ord. 2023-7 §1, amended, 2023; Ord. 2017-7 §1, renumbered, 2017; Ord. 2007-7, amended, 2007; Ord. 2001-7, amended, 2001. Formerly 2.44.130)