The following definitions are unique to this Chapter and are in addition to those found in PCC 13.04. If any further definition is required to interpret the meaning or objective of any section of this Chapter, the definition or interpretation shall be offered by the Payson City Board of Adjustment.

1. Dangerous Buildings are structures that are defined by the building code adopted by Payson City as such, or structures that are found by the City Council to present a danger to the health, safety, or general welfare of any resident of Payson City.
2. Parking Lots are areas used primarily for the temporary parking of vehicles in commercial projects. Parking lots are further defined in PCC 13.10.
3. Permitted Signs are those outdoor advertising devises specifically permitted in accordance with PCC 13.32.
4. Prohibited Signs are those outdoor advertising devises that are not specifically permitted in accordance with PCC 13.32.
5. A Public Nuisance is a crime against the health, safety, or general welfare of any citizen of the City as defined in PCC 13.44.030.
6. Residential Landscaping for the purposes of this Chapter is defined as complete erosion control and the elimination of all noxious weeds.
7. Commercial and Industrial Landscaping for the purposes of this Chapter is defined as complete erosion control, elimination of noxious weeds, and enhancement of commercial and industrial areas in compliance with all landscaping standards of this Title.
8. A Structure is any improvement upon the property including dwellings, barns, sheds, kennels, and any other manmade improvement to the property.
9. Temporary Events are activities of a temporary nature that are not seeking approval of permanent structures or uses. Temporary Events are further defined in PCC 13.24.
10. Temporary Signs are those outdoor advertising devises allowed on a temporary basis in accordance with PCC 13.32.
11. Vacant Parcels are legally separated, unimproved parcels of property that do not contain a primary structure. A vacant lot may contain accessory structures such as barns, sheds, fences, corrals, etc.
12. Yard sales are activities by landowners for the sale or trade of household or other private goods.

The “Uniform Code for the Abatement of Dangerous Buildings,” 1997 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 copies of which have been filed for use and examination by the public in the office of the clerk of Payson City, is hereby approved and adopted as the Abatement of Dangerous Buildings Code.

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 inspector, to be dangerous as defined in the Abatement of Dangerous Building Code, or found to be dangerous by the Payson City Council, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.

All structures regardless of type shall, at a minimum, satisfy the appropriate sections of the Uniform Building and Fire Codes. In addition to the standards found therein, all structures shall be maintained in a manner that will prevent loss of property or life through fire, flood, freeze, wind, or other disaster.

The Payson City Fire Chief may require appropriate actions to protect homes from the threat of fire through actions including, but not limited to, removal of vegetation, placement or replacement of fire retardant shingles, and sprinkling of the structure either internally or externally.

The City Council, on a case-by-case basis, may require improvements to structures determined to have a detrimental effect on property values of surrounding property owners. However, it is the burden of the surrounding property owners to provide substantial evidence to the City Council that there has been a devaluation of property value. At a minimum, the City Council shall be presented with no less than two appraisals indicating devaluation.

All property in Payson City shall be maintained in a manner that will discourage pests and rodents. Any situation determined by the Code Enforcement Officer to encourage or support pests or rodents shall be classified as a public nuisance. Situations include, but are in no way limited to, piles of discarded fruit, inappropriate storage of hay or straw, and abandoned or run down structures.

Knowingly introducing pests or rodents to Payson City by individuals is prohibited. If by accident, domestic animals including, but not limited to, mice, ants, snakes, raccoons, hamsters, cockroaches, etc. are released into the City, the owner shall notify Payson City as soon as practical.

Parking lots shall be maintained and kept in good repair. Markings for vehicular movement and parking stalls shall be clearly marked to avoid unnecessary accidents. Potholes, alligator cracking, and settling areas shall be repaired, especially when located at entrances and exits to parking areas. Parking lots shall be kept free of weeds and debris.

In winter months, special attention must be given to entrances and exits to avoid unnecessary accidents. Entrance and exit areas within twenty (20) feet of a public road shall be kept free of snow and ice.

Parking lots shall be kept free from an accumulation of automobiles for sale, broken down automobiles, and other unsightly activities.

It shall be unlawful for any person or entity to sell, offer to sell, or park a vehicle on public property with the intention of selling a privately owned vehicle on public property, including any roadway, parking lot or any other public property. Any violation of this Section is subject to the remedies and penalties of PCC 13.20.280. The penalties herein are for zoning violations only and are in addition to any other penalty in accordance with federal, state or local law.

Yard sales and other temporary events are permitted under the following conditions:

1. Yard sales and other temporary events may not be conducted within a public right of way.
2. On premise signs for yard sales and other temporary events may not be located within the clear view area described in PCC 13.20.050. Off premise signs are allowed only in areas designated for such purpose by the Payson City Council. Signs displayed upon utility poles, public property, or in an unsafe manner are subject to a fine in accordance with PCC 13.44.150.
3. Yard sales may not be held for longer than forty-eight (48) hours in duration.
4. Temporary events must satisfy the zoning requirements of PCC 13.24.
5. Advertising for temporary events must be in accordance with PCC 13.32.
6. Temporary events shall be kept neat, clean, and free of debris at all times. It shall be the responsibility of the applicant to inform the City of the need for solid waste receptacles and pay the appropriate fee for solid waste hauling.
7. All yard sales and temporary events are responsible for the appropriate sales taxes in accordance with State and Federal law.

All signs and outdoor advertising devices shall be consistent with the requirements of PCC 13.32. Signs that do not satisfy the requirements of PCC 13.32 may be removed under the direction of the Code Enforcement Officer and the owner of the sign may be subject to a Class C misdemeanor in accordance with PCC 13.20.280.

All signs shall be kept in good repair. No sign may be placed within the clear view area of a street intersection, as defined in PCC 13.20.050.

All advertising for yard sales and other temporary events shall be in accordance with PCC 13.32. Off premise signs, other than signs in areas expressly permitted by the City Council, are prohibited.

The provisions of this Chapter apply to all land use types including, but not limited to, residential, commercial and industrial uses whether specifically stated or not.

The purpose of this ordinance is to provide a means for the City and individuals to identify nuisances within the City and to provide a means for correcting or abating the nuisances. The City needs the ability to abate nuisances in order to protect the health and safety of the public, to foster neighborhood stability, to preserve the appearance, character and beauty of neighborhoods, to encourage community pride, to preserve the value of property, and to protect the general welfare of the City and its citizens, businesses and visitors. This ordinance provides for progressive enforcement measures to abate nuisances.

ABATE means to repair, replace, remove, destroy, correct or otherwise remedy a condition which constitutes a nuisance by such means, in such a manner and to such an extent as the community officer determines is necessary in the interest of the general health, safety and welfare of the community.

COMMUNITY OFFICER means an employee hired by the City to enforce this ordinance.

COMPLETION DATE means the date by which the responsible person must abate a nuisance. The completion date is originally set by the community officer in the voluntary compliance agreement.

EMERGENCY means a situation, which, in the opinion of the community officer, requires immediate action to prevent or eliminate an immediate threat to the health or safety of a person or property.

OWNER means any person who, alone or with others, has title or interest in any building or premise(s), with or without accompanying actual possession thereof. For the purpose of giving notice, the term “Owner” also includes any person in physical possession.

PREMISE(S) means a plot of ground, whether occupied or not.

PROPERTY means a building or structure, or the premise(s) on which the building or structure is located, or undeveloped land.

PUBLIC PLACE means an area generally visible to public view and includes alleys, bridges, driveways, parking lots, parks, plazas, sidewalks, streets, and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

RESPONSIBLE PERSON means the person(s) responsible for correcting or abating a nuisance pursuant to this ordinance. The responsible person includes the property owner and/or any person who causes or permits a nuisance to occur or remain upon property in the City, and includes but is not limited to the owner(s), lessor(s), lessee(s), or other person(s) entitled to control, use and/or occupy property where a nuisance occurs. In cases where there is more than one responsible person, the City may proceed against one, some or all of them.

This Section defines “nuisance” by providing five general definitions of what constitutes a nuisance (paragraph A), and then providing specific examples of situations, conduct or activities that constitute nuisances (paragraph B). The purpose of the general definitions is to allow the City to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three general definitions are taken directly from Utah State law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the City intends to abate as nuisances.

1. General Definitions Of Nuisance. Any activity that meets any one or more of the five definitions set forth below shall constitute a “nuisance” if it occurs within the City of Payson:
   1. Nuisance as defined In Utah Code § 78-38-1(1). Anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
   2. Nuisance As Defined In Utah Code § 76-10-801. Any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
   3. Nuisance As Defined In Utah Code § 76-10-803. Unlawfully doing any act or omitting to perform any duty, which act or omission:
      1. annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons;
      2. offends public decency;
      3. unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or
      4. in any way renders three or more persons insecure in life or the use of property. An act which affects three or more persons in any of the ways specified in this paragraph is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
   4. Nuisance. A condition which:
      1. wrongfully annoys, injures, or endangers the comfort, repose, health or safety of others; or
      2. unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or
      3. in any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
   5. Specific Nuisances Listed In Paragraph B. Anything specifically listed as a nuisance in paragraph B.
2. Nuisances Enumerated. Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this ordinance. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance. The first six listed nuisances are also listed as nuisances pursuant to Utah Code § 78-38-9:
   1. Drug Houses. Every building or premise(s) where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, precursor, or analog specified in Utah Code 57-37 (Utah Controlled Substances Act) occurs.
   2. Gambling. Every building or premise(s) where gambling is permitted to be played, conducted, or dealt upon as prohibited in Utah Code 76-10 Part 11 (Gambling) which creates the conditions of a nuisance as defined in PCC 6.04.130 Declaration of Nuisance.
   3. Gangs. Every building or premise(s) wherein criminal activity is committed in concert with two or more persons as provided in Utah Code § 76-3-203.1.
   4. Party Houses. Every building or premise(s) where parties occur frequently which create the conditions of a nuisance as defined in PCC 6.04.130.
   5. Prostitution. Every building or premise(s) where prostitution or the promotion of prostitution is regularly carried on by one or more persons as provided in Utah Code 76-10 Part 13 (Prostitution).
   6. Weapons. Every building or premise(s) where a violation of Utah Code 76-10, Part 5 (Weapons) occurs on the premise(s).
   7. Unsafe Condition. A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
   8. Fire Hazard. A fire hazard.
   9. Noxious Emanations. Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
   10. Noxious Weeds. Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location that constitute a fire hazard or are unsightly. Undeveloped lots that have weeds, grass or other growth which constitute an existing or potential fire hazard shall be abated by the owner of the property. Weed abatement compliance shall be accomplished by pulling, discing, plowing or mowing weeds as to not exceed six inches from the ground. The City shall survey properties within the City and identify those needing abatement and then serve notice in writing upon the owner or occupant of such land in person or by mailing notice, postage prepaid, addressed to the owner or occupant at the last known post office address as indicated by the records of the County Assessor. The notice shall require the owner or occupant as the case may be to abate the weeds by a specific time, which shall not be less than ten (10) days from the date of service of such notice. One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that year.
   11. Refuse. Keeping or storing of any refuse or waste matter that interferes with the reasonable enjoyment of nearby property.
   12. Stagnant Water. Polluted or stagnant water that constitutes an unhealthy or unsafe condition.
   13. Improper Accumulations. Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
   14. Accumulation Of Junk. Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal non-commercial use on the premise(s).
   15. Attractive Nuisances. Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
   16. Vegetation. Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
   17. Dust. Any premise(s) which causes excessive dust due to lack of landscaping, non-maintenance or other cause.
   18. Improper Storage. The keeping, storing, depositing or accumulating on the premise(s) or in the public right-of-way for an unreasonable period of time dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights-of-way. Material stored as part of an active construction project shall not be considered a nuisance.
   19. Garbage Can. The leaving of any garbage can or refuse container in the street, other than on collection day, for more than 24 hours after the collection day.
   20. Construction Equipment. Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery.
   21. Improper Sign. Improper maintenance of a sign; or signs that advertise a business that is no longer extant on the property.
   22. Improper Parking Or Storage.
       1. It shall be unlawful to park, store or leave or permit the parking, storage, or leaving of any licensed or unlicensed motor vehicle of any kind, including boats, trailers or vehicle parts, and recreational vehicles, or a part or parts thereof which is in a wrecked, junked, partially dismantled, dismantled, or inoperative condition, whether attended or not, upon any property in the City for a period of time in excess of 72 hours, except that 2 or less vehicles or part or parts thereof may be stored within a building, or placed behind an opaque screening fence six feet in height, and except that such vehicles and part or parts thereof may be within a junkyard or automobile wrecking yard or motor vehicle repair establishment lawfully established and licensed pursuant to this code.
       2. For purposes of this Section, a motor vehicle shall be deemed to be inoperative if any of the following conditions exist:
          1. The engine, transmission, or other mechanical part has been removed so that the motor vehicle may not be operated under its own power.
          2. The vehicle is stored or parked other than on its wheels.
          3. More than one tire is flat.
          4. It has not been registered under the Utah Motor Vehicle Act for a period in excess of 18 months.
          5. It has not been operated under its own power for a period in excess of 18 months.
   23. Hazardous Conditions. Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
   24. Graffiti. Graffiti that remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.
   25. Improper Maintenance. Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
       1. 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; or
       2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of City ordinances, or any use of land, buildings or premise(s) in violation of City ordinances; or
       3. Buildings that are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An unreasonable state of partial construction. is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as required by applicable City ordinances or building codes. The building or structure shall not be considered to be a nuisance if it is under active construction; or
       4. Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair; or
       5. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass; or
       6. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or
       7. Buildings or conditions that violate any building, electrical, plumbing, fire, housing or other code adopted by the City.
   26. City Code Nuisances. Any violation of a Payson City Code section that expressly declares a specific situation, conduct or activity to be a nuisance.
   27. Alcohol. Every property or premise(s) not licensed under applicable State law or City ordinance where any intoxicating liquors or alcohol is kept for unlawful use, sale or distribution.
   28. Inappropriate Conduct. Every property or premise(s) where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premise(s) or adjacent public place, including but not limited to:
       1. Illegally consuming intoxicating liquor or alcohol;
       2. Publicly urinating or defecating;
       3. By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
       4. Engaging in acts of violence, including fighting amongst themselves;
       5. Discharging a firearm or explosive in violation of City ordinance or State law;
       6. Creating unreasonable noise which disturbs others;
       7. Intentionally obstructing pedestrian or vehicular traffic; or
       8. Soliciting acts of prostitution.
   29. Dangerous Conditions. Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, roadway, premise(s) or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:
       1. By reason of being a menace, threat and/or hazard to the general health and safety of the community.
       2. By reason of being a fire hazard.
       3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
       4. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
   30. Illegal Accessory Apartments. Any violation of the City’s accessory apartment ordinance.
   31. Single Family Residence Violation. Keeping or allowing people at a premise(s) in violation of the City’s single-family residence requirements.
   32. Parking On Landscaping. Parking in an area required to be landscaped by City ordinance.
   33. Banner Signs. Keeping or allowing banner signs in violation of City ordinance.
   34. Required Landscaping. Failure to install or maintain landscaping required by City ordinance.
   35. Hazardous Materials. The actual or threatened discharge of hazardous materials.

No act which is done or maintained under the express authority of an authoritative statute, ordinance or court ruling shall be declared a nuisance.

The responsible person(s) is responsible for abating nuisances pursuant to this ordinance. Any person, whether as owner, agent, or occupant, who creates, aids in creating, or contributes to a nuisance, or who supports, continues, or retains a nuisance, is responsible for the nuisance and is therefore a responsible person pursuant to this ordinance. Every successive owner or tenant of a property or premise(s) who fails to abate a continuing nuisance upon or in the use of such property or premise(s) caused by a former owner or tenant is responsible therefore in the same manner as the one who first created it.

If a community officer finds that a nuisance exists, the community officer shall attempt to have the responsible person abate the nuisance. Although the community officer’s first step in correcting or abating the nuisance will always be to obtain voluntary compliance, the community officer may pursue any remedy or combination of remedies available pursuant to this ordinance, State law or common law in order to abate the nuisance. Nothing in this Section shall be interpreted to prohibit the City from engaging in its standard prosecution practices. Therefore, the City may prosecute violators of City ordinances or State laws without first having to comply with the provisions of this ordinance, even though the activity or conduct prosecuted may also constitute a nuisance under this ordinance. Nothing in this ordinance shall be interpreted to prevent the City from enforcing applicable City ordinances or building codes without first treating the offending conduct, situation or activity as a nuisance pursuant to this ordinance.

This Section applies whenever the community officer determines that a nuisance exists.

1. Contact. Before taking other steps to abate the nuisance, the community officer shall make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:
   1. Contacting the responsible person, where possible;
   2. Explaining the nuisance;
   3. Requesting the responsible person to abate the nuisance; and
   4. Agreeing to terms with the responsible person to abate the nuisance.
2. No Agreement. If the community officer and the responsible person cannot agree to terms for correcting or abating the nuisance, the community officer may still abate the nuisance using one or more of the procedures set forth in this ordinance, State law, or common law.
3. Voluntary Compliance Agreement. If the community officer and the responsible person agree to terms for abating the nuisance, they shall enter into and sign a voluntary compliance agreement. The voluntary compliance agreement is a contract between the City and the responsible person in which the responsible person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary compliance agreement shall include the following terms:
   1. The name and address of the responsible person;
   2. The street address of the nuisance, or a description sufficient to identify the building, structure, premise(s), or land upon or within which the nuisance is occurring;
   3. A description of the nuisance;
   4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
   5. An agreement by the responsible person that the City may inspect the premise(s) as may be necessary to determine compliance with the voluntary compliance agreement;
   6. An agreement by the responsible person that the City may abate the nuisance and recover its costs and expenses to abate the nuisance, as well as a monetary fine pursuant to this ordinance from the responsible person, if terms of the voluntary compliance agreement are not met;
   7. An agreement by the responsible person acknowledging that he/she waives the right to appeal the community officer’s finding that a nuisance exists and waives the right to appeal the specific corrective action required in the voluntary compliance agreement; and
   8. An agreement by the responsible person that failure to comply with the voluntary compliance agreement may be grounds for criminal prosecution. The community officer may grant an extension of the time limit for correcting or abating the nuisance if the responsible person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable. If the responsible person complies with the terms of the voluntary compliance agreement, the City shall take no further action against the responsible person related to the nuisance described in the voluntary compliance agreement unless the nuisance recurs.

When the community officer determines that a nuisance exists, and is unable to secure voluntary correction pursuant to PCC 13.44.030.7, the community officer may issue a citation to the responsible person. The community officer may issue a citation without having attempted to secure voluntary correction as provided in PCC 13.44.030.7 under the following circumstances:

1. When an emergency exists; or
2. When the community officer is unable to locate or determine the identity of the responsible person.

The City may take one or more of the following actions against any responsible person who fails to comply with the terms of a voluntary compliance agreement, or a citation:

1. Abatement By The City.
   1. The City may abate a nuisance when:
      1. The terms of a voluntary compliance agreement have not been met; or
      2. The requirements of a citation and subsequent Court Order have not been complied with, or;
      3. The condition is subject to summary abatement as provided for in paragraph A,2.
   2. Whenever a nuisance is occurring, which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the responsible person as soon as reasonably possible after the abatement.
   3. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition that is subject to abatement. The City may seek, but is not required to seek, such judicial process as it deems necessary to effect the removal or correction of such condition.
   4. The costs, including incidental expenses, of correcting or abating the violation shall be billed to the responsible person and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the City within ten (10) days of actual receipt of the bill (within fifteen days of the mailing date if the bill is mailed). The term "incidental expenses" includes but is not limited to:
      1. Personnel costs, both direct and indirect, including attorneys’ fees and costs;
      2. Costs incurred in documenting the violation;
      3. Hauling, storage and disposal expenses;
      4. Actual expenses and costs for the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
      5. The costs of any required printing and mailing.
2. Civil Actions. Either the City or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this ordinance or pursuant to State law.
3. Abatement By Eviction. Whenever there is reason to believe that a nuisance under PCC 13.44.030.3 paragraphs B,1 through B,6 is kept, maintained, or exists in the City, the City Attorney or any citizen(s) residing in the City, or any person or entity doing business in the City, in his or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in Utah law.
4. Lien For Costs. If a person fails to pay any fines or costs related to nuisance abatement when due, the City may record a lien on the property or premise(s) for the full amount of the unpaid fines and costs.
5. 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 delivering a copy of the notice to abate to the offender by personal service in the manner described in the Utah Rules of Civil Procedure, or by mailing a copy of the notice to abate to the offending party by certified mail, return receipt requested. The notice to abate shall reasonably describe the nuisance and the steps necessary to abate the nuisance. 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 ordinance. 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 as defined by Utah State statutes.
6. Non-exclusive Remedies. The City may take any or all of these remedies (administrative, civil or criminal) to abate a nuisance and/or to punish any person or entity that creates, causes or allows a nuisance to exist. The abatement of a nuisance does not prejudice the right of the City or any person to recover damages or penalties for its past existence.

The responsible person may contact the Payson Police Department at any time after a voluntary compliance agreement is signed or citation is issued to request an inspection of the abated nuisance. The community officer will inspect the property and include in the report the time and date that the nuisance has been deemed abated. A request for inspection must be made by the responsible person in order to stop any penalty from continuing to accrue.

1. Monetary Fine. The responsible person shall pay the City a monetary fine for each day the nuisance continues after the completion date or after the citation date, whichever occurs first. The nuisance shall be considered to continue until the community officer approves the responsible person’s actions to correct or abate the nuisance. The amount of the monetary fine shall be as follows:
   1. One hundred dollars ($100.00) per day for each day during the first week that the nuisance remains uncorrected or unabated after the completion date or citation date;
   2. Two hundred dollars ($200.00) per day for each day thereafter until the nuisance is corrected or abated;
   3. The monetary fine shall be cumulative and may not be waived by the community officer. Payment of a monetary fine pursuant to this Section does not relieve the responsible person from the duty to abate the nuisance as required by the voluntary compliance agreement or the citation. The monetary fine constitutes a personal obligation of the responsible person. The City Attorney or his/her designee is authorized to take appropriate action to collect the monetary fine, plus reasonable attorneys’ fees and costs incurred in collecting said monetary fine.
2. Imprisonment. The responsible person may be imprisoned for failure to abate a nuisance as set forth herein for a term not to exceed six months.
3. Either Penalty. The Court may issue either a fine or imprisonment or both.

All property shall be kept in good order and repair. Likewise, all landscaping shall be maintained in a manner consistent with the definition found in PCC 13.44.020 paragraphs F and G. It is not the intent, nor is it practical for the City to dictate uniform landscaping standards. However, the Payson City Council finds the following guidelines to be held as the minimum acceptable landscape maintenance standards.

1. Lawn, grasses, and other acceptable ground cover shall be maintained in an attractive manner. Watering shall be sufficient to maintain healthy plant life. Lawn, grasses and other acceptable ground cover shall not exceed six (6) inches in height.
2. Trees shall be trimmed and kept in an attractive manner. All tree limbs and branches shall be kept clear of above ground utility lines, light poles, and other utility apparatus. Trees located within clear view areas of street intersections, as defined in PCC 13.20.050, shall be trimmed so that the lowest branch is no less than six (6) feet in height, measured from the top of the curb, or in the case of no curb, the average elevation of the road. Fruit trees and other trees that require pesticides for the control of unwanted pests shall be appropriately treated on a regular basis. Leaves shall be removed from the curb and gutter on a regular basis to avoid interference with the flow of water.
3. Bushes and shrubs shall be maintained in an attractive manner. Bushes and shrubs located within clear view areas of street intersections, as defined in PCC 13.20.050, shall be trimmed so that the highest branch is no more than thirty-six (36) inches in height, measured from the top of the curb, or in the case of no curb, the average elevation of the road. Bushes and shrubs shall not be planted in a manner that has the effect of hiding or making it difficult to identify a fire hydrant. Leaves shall be removed from the curb and gutter on a regular basis to avoid interference with the flow of water.
4. Rocks, stones, fountains, planter beds, and other landscaping features shall be attractive and appropriate for their location. Where rocks or other non-vegetative landscaping is used, the area shall be kept free of weeds and debris. Landscaping features located within clear view areas of street intersections, as defined in PCC 13.20.050, shall be placed so that the feature is no more than thirty-six (36) inches in height. Landscaping features shall not be placed in a manner that has the effect of hiding or making it difficult to identify a fire hydrant.

Property located between the curb and gutter and a detached pedestrian sidewalk shall be properly maintained. Because utilities are often located within these areas, no planter strip shall be filled with concrete, asphalt, or any other hard surface without written approval from Payson City.

The planter strip area shall be kept free from weeds and debris and shall be attractively landscaped consistent with the landscaping standards found in PCC 13.44.050.1.

It is important to plant the proper type of trees within the planter strip area to avoid damage to the sidewalk. A list of appropriate trees can be obtained from the Development Services Department. Damage to sidewalks, due to improper planting of trees, shall be corrected by the owner of the property in a timely manner.

Payson City reserves the right to restrict the types of plants located within the City if it can be shown that the plants will have an adverse effect on the health, safety, or general welfare of City residents. It shall be unlawful to maintain any plant that is illegal in the State of Utah or the United States. It shall be unlawful to maintain any plant that could pose a threat to fruit trees or other production crops by means of pests or disease. If it is suggested that a plant could endanger the health, safety, or general welfare of any citizen of Payson City, it is the burden of the landowner to prove otherwise prior to planting or maintenance of the plant.

The Code Enforcement Officer may declare any property a public nuisance in accordance with PCC 13.44.020 based on inappropriate maintenance of landscaping.

Vacant lots shall be maintained to minimize fire and other safety hazard, control rodent populations, and improve the aesthetics of undeveloped areas.

Large vacant lots may be used for gardening or the production of crops if allowed in the underlying zone in accordance with PCC 13.14. However, gardens and fields shall be kept in good repair and free from weeds and debris.

Vacant lots that are not used for gardening or the production of crops shall keep the vegetation on the lot to a height of less than six (6) inches.

The Payson City Fire Chief may require the removal of vegetation in order to prevent wildfire or arson. Vegetation on the vacant lot shall not have the effect of hiding or making a fire hydrant difficult to find or identify.

Trees and shrubs, whether wild or not, shall be maintained in accordance with PCC 13.44.050.1.

The Code Enforcement Officer may declare any property a public nuisance in accordance with PCC 13.44.020 based on inappropriate maintenance or safety hazard of a vacant parcel.

Property owners are responsible for general maintenance of curb, gutter and sidewalk along all public rights of way for the entire frontage of the property. For the purposes of this Chapter, general maintenance shall include, but is not limited to, the following:

1. The Curb and Gutter shall be kept free of weeds, dirt, and debris to allow the free flow of water and prevent flooding. Any blockage of the free flow of water shall be removed.
2. Weeds shall not be permitted to grow in the joints between concrete or in cracks in the concrete of the curb, gutter, or sidewalk in order to discourage further decay of the concrete.
3. Sidewalks shall be kept free of weeds, dirt, gravel, sand, salt, oils, grease, and other debris to prevent undue tripping or slipping.

Property owners are responsible for removal of all snow and ice from sidewalks in order to prevent slipping. Additionally, property owners are responsible to remove snow and ice from the curb and gutter when the accumulation of snow and ice may result in the lack of free flow of water and could produce flooding of adjacent properties.

Landowners may complete minor repairs to curbs, gutters, and sidewalks. Minor repairs include the replacement of up to ten (10) feet of sidewalk. Any repairs of greater than ten (10) feet shall be approved by Payson City. After the repairs have been completed, landowners shall contact the Street Department to schedule an inspection to ensure that the curb, gutter and sidewalk have been repaired in accordance with the Development Guidelines of Payson City.

In general, major repairs include the repair or replacement of ten or more feet of curb, gutter, or sidewalk. However, any replacement of curb, gutter, or sidewalk for installation of a driveway approach, regardless of length, shall be considered a major repair and will require written approval from Payson City.

All major repairs shall be required to comply with the Americans with Disabilities Act regulations. Major repairs shall be approved by the City Engineer who shall have authority to set the elevation and grading requirements for the project.

Prior to commencement of a major repair, the applicant must obtain an excavation permit from the City and post appropriate assurance equal to one hundred and ten (110) percent of the engineer’s estimate of project cost. Upon completion of the project, one hundred (100) percent of the assurance shall be returned to the applicant and ten (10) percent shall be kept for a period acceptable to the City Engineer for warranty of workmanship, not to exceed one (1) year.

Prior to the commencement of any major repair of a curb, gutter, or sidewalk, the applicant must obtain an excavation permit from the Payson City Development Services Department. The applicant will be required to submit payment of a fee consistent with the Payson City Fee Resolution available at the Development Services Department.

Failure to obtain an excavation permit may require additional testing and approval by the City Engineer to assure that the work was completed satisfactorily. Any additional testing or other requirements shall be the financial burden of the applicant.

1. Replacement Of Sidewalk In Disrepair.
   1. Payson City may, at its own discretion, construct, repair, or replace sidewalks in disrepair from age, weathering, settling, broken panels, deteriorated surface, or other situation deemed hazardous to users. The City shall have sole discretion to determine what sidewalks shall be repaired. It is impractical for the City to constantly repair all sidewalks, however, an effort will be made through the budgetary process to repair the most dangerous sections based on condition of the sidewalk, number of users, location in relationship to schools, churches and other gathering places, and other logical criteria.
   2. If a property owner desires to repair the sidewalk adjacent to the subject property, the owner may suggest an agreement with the City. In general, such agreement will allow the City to complete the work at a sooner date if the applicant is willing to pay for at least fifty (50) percent of the project. It should be noted that the City is under no obligation to approve such an agreement.
2. Replacement Of Sidewalk Broken By City. Sidewalks damaged by the City will be replaced or repaired by the City in a timely manner.
3. Replacement Of Sidewalk Broken By Owner Or Resident. Sidewalks that are determined to have been broken by the owner or resident shall be replaced or repaired by the owner of the property in a timely manner. At the time the sidewalk is discovered to be in disrepair, the City may require the property owner to secure financial assurance, acceptable to the City Attorney, for the replacement or repair of the sidewalk.
   

It shall be unlawful to park or keep any trailer, unattached camper or boat on a public street for a period of time exceeding seventy-two (72) hours.

A tank vehicle is any motor vehicle, trailer or semi-trailer transporting as cargo or part of a cargo, any explosive, flammable or corrosive liquid in quantities in excess of one hundred (100) gallons, or as defined in the Uniform Fire Code as containing hazardous materials. (See § 41-6-154 of the Utah Traffic Code)

A tank vehicle:

1. Shall not be left unattended on any residential street.
2. Shall not be parked or garaged within three hundred (300) feet of any residential dwelling, apartment, hotel or motel room, educational facility, hospital or medical building, or any other place that in the opinion of the Fire Chief presents a life hazard.

The owner of a tank vehicle that has been identified as leaking, pouring, discharging or in any other way releasing hazardous materials shall be solely responsible for the mitigation required to repair any environmental or property damage due to the release of the hazardous material.

Any structure used for the temporary or long-term storage of hazardous materials is not allowed in any residential zone or within three (300) feet of any residence, including hotel or motel rooms.

Trucks, trailers, tanks or other structures required to carry placards for the storage or transport of hazardous materials is not allowed in any residential zone or within three (300) feet of any residence, including hotel or motel rooms, except when unloading cargo.

In accordance with Ordinance number 08-20-97 of Payson City, it shall be unlawful to for the owner of a motor vehicle, camper, trailer, boat or other type of vehicle to park it or allow it to be parked on a vacant lot or parking lot owned by another person for the purpose of displaying it for sale, unless the owner or lessee of the property on which it is parked has a City business license to engage in the business of selling motor vehicles, campers, trailers, boats, or other vehicles at that location.

The requirements of this Section are intended to be consistent with the Uniform Fire Code adopted by Payson City. If there is conflict between this Section and the Uniform Fire Code, the stricter of the two shall apply.