No person owning, renting, leasing, occupying, or having charge or possession of any premises within the city shall maintain such premises in such a say as to allow the existence of any of the following conditions, all of which are hereby declared a public nuisance posing a threat to the public health, safety and welfare of the community.

1. Rank or noxious weeks at any state of maturity.
2. Buildings or structures which have been abandoned, partially destroyed, improperly maintained or partially constructed.
3. Dead, decayed, or diseased vegetation.
4. Abandoned, inoperative or other dilapidated or unsightly motor vehicles, trailers, campers, boats, RV's or other mobile equipment stored so as to be visible from the public streets or stored upon public streets.
5. Attractive nuisances dangerous to children.
6. Discarded or stored furniture, cartons, or other unsightly items visible from public streets.
7. Garbage cans or containers stored in front yards except on the days of collection.
8. Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such a manner as to constitute a public nuisance.
9. Property, building exteriors or equipment, unsightly or in such condition of deterioration or disrepair that the same causes diminution or property values or neighboring properties.

The above-identified violations and the degree of severity thereof shall be evaluated and determined in light of the types of adjacent properties and the general standards of upkeep of such adjacent properties.

(Ord. No. 020602, § 2, 6-12-2002)

Any person violating any provision of this chapter shall be given written notice specifying the violation and requesting that the violation be rectified or that a notice be filed with the City Recorder detailing a plan of action to rectify the violation, within twenty-eight (28) days from the date of said notice.

The written notice shall state what action the code enforcement officer intends to take if the violation is not corrected. The written notice shall include information regarding the warning period and shall serve to start the warning period.

In cases when delay and enforcement will seriously threaten the effective enforcement of this chapter, or pose a danger to the public health, safety or welfare, the code enforcement officer may seek enforcement without prior written notice by invoking any of the penalties authorized in this chapter.

If the violation remains uncured within five days of the expiration of the warning period, a second notice of violation shall be delivered in the same manner as the first notice demanding that the violation be rectified within twenty-eight (28) days from the date of said notice. The second notice shall serve to start civil penalties provided herein.

Following the issuance of notice described above, a person so notified shall have the right to request a hearing before a hearing officer for a re-evaluation of the alleged violation. Such request for re-evaluation shall be made in writing and delivered to the city recorder within twenty-eight (28) days from the date of first notice.

The decision of a hearing officer may be appealed to the board of adjustments. Notice of appeal must be filed with the city recorder within ten (10) days from the date of the decision of the hearing officer.

All notices and citations required herein shall be deemed sufficient if delivered or mailed by regular mail, postage prepaid, and in the case of an absentee owner addressed to such owner at his last known address as disclosed by the records of the county assessor.

(Ord. No. 020602, § 2, 6-12-2002)

Violations of the provisions of this chapter or failure to comply with any of its requirements shall be punishable as a Class C misdemeanor.

This chapter may also be enforced by injunction, mandamus, abatement, civil penalties or any other appropriate action in law or equity.

Each day that any violation continues after notification by the code enforcement officer that such violation exists shall be considered a separate offense for purposes of the penalties and remedies available.

Accumulation of penalties for violations, but not the obligation for payment of penalties already accrued, shall stop at the time of the correction of the violation.

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter and the use of one remedy shall not preclude the city from the use of other remedies as to the same condition or property owner.

(Ord. No. 020602, § 2, 6-12-2002)

Violation of this chapter shall carry a civil penalty pursuant to the following schedule:

Each day a violation is maintained after receipt of notice shall give rise to a separate civil penalty. Notice by mail shall be deemed received three days following the date of mailing, regular mail, postage prepaid to the last known address indicated on the records of the county assessor. The city may combine any action to recover daily penalties with any other civil penalty regarding the same property.

1. Violation of this Title—Appeal Procedure. The mayor, with the advice and consent of the city council, shall appoint a code enforcement officer and such hearing officers as the mayor deems appropriate to consider matters relating to the violation of this chapter.
   Any person having received notice of such violation, or the owner of any affected property, may appear before a hearing officer for an informal hearing and present and contest such alleged violation of this chapter.
   The burden to prove any defense shall be upon the person raising such defense.
   If the hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice violation. Such defenses are:
   1. At the time of the receipt of the notice of violation, compliance would have violated the criminal laws of the State of Utah;
   2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.
   If the hearing officer finds that a violation of this title occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty.
   
   No action by a hearing officer shall relieve the violator from complying with any provisions of this title.
2. Abatement for Correction and Payment. Civil penalties shall be partially abated after the violation is cured and in the discretion of a hearing officer considering the following guidelines and other factors:
   1. Prompt Cure. Reductions are generally appropriate for promptly curing the violation pursuant to the following schedule but the hearing officer may grant greater or lesser abatements depending on the facts of the case:
      1. Cured within fourteen (14) days after second notice, seventy-five (75) percent reduction;
      2. Cured within twenty-eight (28) days after second notice, fifty (50) percent reduction; or
      3. Cured within fifty-six (56) days after second notice, twenty-five (25) percent reduction.
   2. If strict compliance with the notice and order would have caused an imminent and irreparable injury to person or property.
   3. If the violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance.
   4. Such other mitigating circumstances as may be approved by the city attorney or designee.
   5. If a change in the actual ownership of the property was recorded with the county recorder's office after the first or second notice was issued and the new owner is not related by blood, marriage or common ownership to the prior owner.
   If the hearing officer finds that the noticed violation occurred and no applicable defense applies, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the delayed or periodic payment of the applicable penalty.
3. Penalty Remaining Unsatisfied. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days or when the penalty amounts to five thousand dollars ($5,000.00) from the agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including costs and attorney's fees.
   Commencement of any action to remove penalties shall not relieve the responsibility of any person to cure the violation or make payment of subsequently accrued civil penalties nor shall it require the city to reissue any of the notices required by this chapter.

(Ord. No. 020602, § 2, 6-12-2002)