Santa Clara City Zoning Code
TITLE 8
HEALTH AND SAFETY
8.08.010: UNWHOLESOME FOOD:
It is a class B misdemeanor for any person to sell or offer for sale any unwholesome food or beverage which has been condemned by any government food inspector. (Prior code § 10-223)
8.12.010: DEFINITIONS:
For the purposes of this chapter:
AUTHORIZED RECEPTACLE: A public or private litter storage and collection receptacle.
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
A. Which advertises for sale any merchandise, product, commodity, or thing;
B. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;
C. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or
D. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser, or distribution.
GARBAGE: Waste from preparation, cooking, or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked or consumed.
LITTER: "Garbage", "refuse", and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the city.
NEWSPAPER: Any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK: A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city.
REFUSE: All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE: Every device in, on, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks. (Prior code § 10-431)
8.12.020: LITTER IN PUBLIC PLACES:
No person shall throw or deposit litter in or on any street, sidewalk or other public place except:
A. In authorized receptacles for collection or in official municipal garbage dumps; or
B. For collection as authorized by the city council. (Prior code § 10-432)
8.12.030: PLACEMENT OF LITTER IN RECEPTACLES TO PREVENT SCATTERING:
Persons placing litter in an authorized receptacle shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property. (Prior code § 10-433)
8.12.040: SWEEPING LITTER INTO GUTTERS PROHIBITED:
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Prior code § 10-434)
8.12.050: MERCHANT'S DUTY TO KEEP SIDEWALKS FREE OF LITTER:
No person owning or occupying any place of business shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter. (Prior code § 10-435)
8.12.060: LITTER THROWN BY PERSONS IN VEHICLES:
No person, while a driver of passenger in a vehicle, shall throw or deposit litter on any street or other public place, or on private property. (Prior code § 10-436)
8.12.070: TRUCK LOADS CAUSING LITTER:
No person shall drive move any truck or other vehicle unless such vehicle is constructed or loaded as to prevent any load, contents or litter from being blown or deposited on any street, alley or other public place, nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matters of any kind. (Prior code § 10-437)
8.12.080: LITTER IN PARKS:
No person shall throw or deposit litter in any park except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (Prior code § 10-438)
8.12.090: LITTER IN LAKES AND FOUNTAINS:
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere. (Prior code § 10-439)
8.12.100: THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC PLACES:
No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place. Unless otherwise authorized by the city council, it is an infraction for any person to hand out, distribute or sell any commercial handbill in any public place, provided, however, that it shall not be unlawful on any sidewalk, street, or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Prior code § 10-440)
8.12.110: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON VEHICLES:
Unless otherwise authorized by the city council, no person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Prior code § 10-441)
8.12.120: DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES:
No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant. (Prior code § 10-442)
8.12.130: PROHIBITED DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED:
No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left on such premises. (Prior code § 10-443)
8.12.140: DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES:
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, other person then present in or on such private premises. However, in case of inhabited private premises which are not posted, as provided in this part, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises if such handbill is so place or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations. (Prior code § 10-444)
8.12.150: EXEMPTION FOR MAIL AND NEWSPAPERS:
The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk, or other public place or on private property. (Prior code § 10-445)
8.12.160: POSTING NOTICE PROHIBITED:
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or on any public structure or building, except as may be authorized or required by law. (Prior code § 10-446)
8.12.170: LITTER ON OCCUPIED PRIVATE PROPERTY:
No person shall throw or deposit litter on any occupied private property, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property. (Prior code § 10-447)
8.12.180: LITTER ON VACANT LOTS:
No person shall throw or deposit litter on any open or vacant private property whether or not owned by such person. (Prior code § 10-448)
8.12.190: HANDBILLS AND POSTERS:
A. No person or business shall post, stick, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, upon any sidewalk, curb, or any other portion or part of any public way or public place or any lamp post, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state, the ordinances of this city.
B. It is unlawful to distribute indiscriminately to the public by leaving at houses or residences in the city any cards, circulars, handbills, samples of merchandise, or any advertising matter whatsoever without having first secured a permit therefor. This section shall not be construed to apply to the sale of articles by licensed peddlers.
C. Applications for such permit shall be made to the recorder and shall contain a statement of the nature of the article, cards or advertisement to be distributed, the name of the applicant and the name of the manufacturer or distributor of such article or service advertised.
D. Licenses shall be issued only to persons of good character. The chief of police shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the recorder before any such license is issued. (Prior code § 10-449)
8.16.010: COMMENCEMENT OF OFFENSIVE BUSINESS:
A. No person shall commence or change the location of any offensive business or establishment in or within one mile of the limits of this city without first filing an application for a permit to do so with the recorder.
B. Offensive businesses, within the meaning of this part, shall include, but not be limited to, packinghouses, dairies, tanneries, canneries, renderies, junk or salvage yards, bone factories, slaughterhouse, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases, or noises.
C. The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control or modify the emission by the business of the undesirable odors, fumes, noises, and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive. (Prior code § 10-241)
8.16.020: ISSUANCE OF PERMITS:
A. The recorder shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by city designee and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the city council. The city council, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the city council may:
1. Deny the application;
2. Recommend a modification thereof;
3. Grant a limited permit to enter into the business or make the change of location subject to the requirement that the business facility conform to standards established by the city council with reference to controlling the offensive features of the business.
B. In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his or her business in the manner specified by the city council at the time of granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.
C. The city council shall have power to revoke or modify the permission to operate and maintain the business in such manner as it deems necessary for the public good. (Ord. 2010-16: prior code § 10-242)
8.16.030: EXISTING OFFENSIVE BUSINESS AND FACILITIES:
A. The city council may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence in or within one mile of the city limits. If the city council determines that the continuation of the business or facility has become a nuisance to persons situated within the city limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the city council is considering revoking or modifying the operator's license.
B. If the city council decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specification to which the enterprise must conform or otherwise lose its license to engage thereafter in the business or activity. (Prior code § 10-243)
8.16.040: CONTROL OF ANIMAL AND FOUL FACILITIES:
A. The city council shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the municipality and may compel the owner of any pigsty, privy, barn corral, furbearing animal farm, feed yard, poultry farm, or other unwholesome or nauseous house or place to cleanse, abate or remove the same.
B. The city council may on its own initiative and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether or not the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.
C. In the event that the city council decides that the business or facility should be abated, removed, or controlled, it shall notify the owner or operator of the business or facility of such fact.
D. After a hearing, the city council may issue a limited license wherein it may prescribe the specification and standard which must be followed by the business or facility in order to be permitted to continue in operation.
E. Upon a determination by the city council that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the city council shall have power to bring all necessary legal proceeding to force removal, abatement, or adherence to standards. (Prior code § 10-244)
8.20.010: DISCHARGE OF SEWAGE POLLUTION:
A. It is unlawful for any person to discharge or permit the discharge of any sewage or filth from any premises into and upon any public highway, stream, watercourse, or public place, or into any drain, cesspool, or private wastewater disposal system which does not conform to standards established by the state division of health or by this city.
B. The health director may order a connection for sewage disposal to be made with the public sewer system provided by the municipality if such is available, provided that the public sewer system is within three hundred feet (300') of the premises.
C. The health director shall use all due measures to prevent the fouling of any streams, watercourses, reservoirs, or any source furnishing water to any of the inhabitants of this city. (Prior code § 10-225)
8.24.010: GENERALLY:
A. It is unlawful for any person, upon vacating or moving from any dwelling, storeroom, or other building, to fail to remove all garbage, rubbish, or ashes from such building or premises and the grounds appurtenant thereto, or to fail place the same in a thoroughly sanitary condition within twenty four (24) hours after the premises are vacated.
B. In situations where rental property is so vacated, the owner of the property shall be concurrently responsible with the tenant thereof for compliance with this section. (Prior code § 10-224)
8.28.010: REAL PROPERTY TO BE KEPT CLEAN:
It shall be an infraction for any person owning or occupying real property, to allow weeds to grow higher on such property than is permitted by this chapter or not to remove from any such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice by the designated city official. (Ord. 2010-06)
8.28.020: WEEDS; DEFINED:
"Weeds" means and includes any vegetation commonly referred to as a weed, or which shall have been designated a noxious weed by the Utah commissioner of agriculture. (Prior code § 10-322)
8.28.030: STANDARDS OF WEED CONTROL:
A. It is declared that the above stated weeds constitute nuisance when they:
1. Create a fire hazard, a source of contamination, or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to humans or are unsightly or deleterious to their surroundings.
B. The cut weeds shall be removed from the premises within seven (7) days after cutting, unless waived by the fire chief. (Ord. 2010-06: prior code § 10-323)
8.04.010: NUISANCES DEFINED:
Whatever is dangerous to human life or health and whatever renders soil, air, water, or food impure or unwholesome is declared to be a nuisance and unlawful. It is unlawful for any person either as an owner, agent, or occupant to create, or aid in creating or contributing to or maintaining nuisance. (Prior code § 10-311)
8.04.020: AUTHOR OF NUISANCE DEFINED:
Where a nuisance exists upon property and is the outgrowth of the usual, natural, or necessary use of the property, the landlord or his or her agent, the tenant or his or her agent, and all other persons having control of the property on which such nuisance exists shall be deemed to be the authors thereof and shall be equally liable and responsible. Where any such nuisance shall arise from the unusual or unnecessary use of such property or from the business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be deemed the authors. (Prior code § 10-312)
8.04.030: DECLARATION OF NUISANCE:
A. Every act or condition made, permitted, allowed or continued in violation of section 8.04.010 of this article, is declared to be a nuisance and may be abated and punished as hereinafter provided.
B. Nuisances include:
1. Befouling water in any spring, stream, well, or water source supplying water for culinary purposes;
2. Allowing any privy, vault or cesspool or other individual wastewater disposal system to become a menace to health or a source of odors to air or water;
3. Permitting any garbage container to remain on premises when it has become unclean and offensive;
4. Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area except when it is temporarily deposited for immediate removal;
5. Permitting the accumulation of manure in any stable, stall, feed yard, yard, or in any other building or area in which any animals are kept;
6. Permitting any slaughter house, market, meat shop, stable, feed yard, or other place or building wherein any animals are slaughtered, kept, fed, or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors, or in which flies or rodents breed;
7. Discharging or placing any offensive water, liquid waste, or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch, canal, or any vacant lot or which as the result of continued discharge will tender the place of discharge offensive or likely to become so;
8. Keeping or collecting any stale or putrid grease or other offensive matter;
9. Having or permitting upon any premises any fly or mosquito producing condition;
10. Keeping any drinking vessel for public use without providing a method of decontamination between uses;
11. Permitting or performing any ablutions in or near any public drinking fountain;
12. Failing to furnish any dwelling house, boarding house, or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition;
13. Neglecting or refusing to discontinue use of, clean out, disinfect, and fill up all privy vaults and cesspools or other individual waste water disposal systems within twenty (20) days after notice from any enforcement officer or employee of the city;
14. Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances;
15. Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalks, lake, stream, drainage, canal or basin, or any public park without first obtaining the written permission of the city council. (Prior code § 10-313)
8.04.040: ENUMERATION OF NUISANCES:
The types of nuisances above stated shall be deemed in addition to and in no way a limitation of the nuisances subject to this chapter. (Prior code § 10-314)
8.04.050: TOILET OR SEWER FACILITIES:
All toilet or sewer facilities shall be constructed and maintained in accordance with the ordinances of the city. All such facilities that do not comply with such provisions are declared to be a nuisance and are subject to abatement as herein prescribed. (Prior code § 10-315)
8.04.060: RESTRICTIONS ON BLOCKING WATER:
A. It is unlawful for any person or persons to permit any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, or to become unsanitary.
B. Maintenance of any such watercourse in such condition shall constitute a nuisance and the same shall be subject to abatement. (Prior code § 10-316)
8.04.070: DEFINITION OF NUISANCE:
For the purpose of this article the term "nuisance" is defined to mean any condition of use of premises or of building exteriors which are deleterious or injurious, noxious or unsightly which includes, but is not limited to, keeping or depositing on, or scattering over the premises any of the following:
A. Lumber, junk, trash, or debris;
B. Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers. (Prior code § 10-331)
8.04.080: DUTY OF MAINTENANCE OF PRIVATE PROPERTY:
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located. (Prior code § 10-332)
8.04.090: STORAGE OF PERSONAL PROPERTY:
A. Unsheltered storage of old, unused, stripped and junked machinery, implements, equipment or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, for a period of thirty (30) days or more (except in licensed junkyards) within this city, is declared to be a nuisance and dangerous to the public safety.
B. No vacant lot platted R-1-10 shall be used for the storage of any item; or as a dumping ground for rubbish, garbage, inoperable vehicles or equipment or other waste. Violation of this provision is declared a nuisance. (Ord. 2010-06: prior code § 10-333)
8.04.100: ABATEMENT OF NUISANCE BY OWNERS:
The owner, owners, tenants, lessees or occupants of any lot within this city on which such storage as defined in section 8.04.090 of this article is made, and also the owner, owners or lessees of the above described personal property involved in such storage shall jointly and severally abate such nuisance by its prompt removal into completely enclosed and secured buildings to be used for such purposes, or otherwise to remove such property from the city. (Prior code § 10-334)
8.04.110: APPOINTMENT AND DUTIES OF INSPECTOR:
A. There is established the position of nuisance inspector whose duties it shall be to enforce the provisions of this chapter. Until another person is designated, the chief of police shall enforce the provisions of this chapter. More than one person may be appointed to act as inspector under this section.
B. The nuisance inspector is authorized to:
1. Perform all functions necessary to enforce the provisions of this chapter;
2. Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
C. If he or she concludes there exists an objectionable condition in violation of this chapter, the inspector shall:
1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist;
2. Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the same within such time as the inspector may designate, provided that any person notified pursuant to this subsection shall be given at least ten (10) but not more than twenty (20) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
a. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists,
b. Inform the owner, occupant or other person that in the event he or she disagrees with the determination of the inspector and does not comply with the provisions of the notice or that he or she objects to the factual or legal basis for the notice, he or she may request in writing a hearing before the city council at a time and place to be set by the city council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice,
c. Inform the person that in the event he or she fails or neglects to correct the objectionable condition, the city will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs together with reasonable attorney fees and court costs, or will charge the cost of correcting the violation against the property as a tax;
3. In the event the owner or occupant makes such request for a hearing, the city council shall set the time and place for hearing objections and the recorder shall notify the owner, occupant, or other persons in writing of the time and place at which they may appear and be heard. The hearing shall not be heard within less than five (5) days from the date of service or mailing of the notice of hearing. (Prior code § 10-351)
8.04.120: HEARING:
A. At the written request of an owner, occupant or other person having an interest in property which is the subject of notice to remove or abate weeds, objectionable conditions, or objects from the property, the city council shall conduct an informal hearing (which need not be reported) wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The city council shall also permit the presentation of evidence and argument by the inspector and other interested parties. Thereafter within not less than five (5) nor more than ten (10) days, the city council shall over the signature of the mayor or such other member of the city council as it may designate render its written decision, a copy of which shall be mailed to be served upon the owner or other person to whom original notice was given by the inspector.
B. In the event the decision of the city council upholds the determination of the inspector, the notice originally given by the inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he or she shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the inspector.
C. In the event that the decision of the city council either overrules or modifies the determination of the inspector, the city council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the city council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the inspector unless additional time is authorized by the city council.
D. The inspector shall file an amended notice and proof of service of notice and file the same in the office of the county treasurer. (Prior code § 10-352)
8.04.130: FAILURE TO COMPLY:
In any owner, occupant or other person having an interest in land described in such notice or decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects, or structures, the inspector shall employ all necessary assistance to cause such objectionable objects or condition to be removed or destroyed at the expense of the city. (Prior code § 10-353)
8.04.140: ITEMIZED STATEMENT:
The inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances, and shall mail a copy thereof to the owner or occupant or both or to persons having an interest in the property, demanding payment within twenty (20) days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail addressed to the last known address of the property owner, occupant, or person having an interest in the property. (Prior code § 10-354)
8.04.150: FAILURE TO MAKE PAYMENT:
In the event the owner, occupant or person having an interest in the property, fails to make payment of the amount set forth in the statement to the city treasurer within the twenty (20) days, the inspector either may cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter. (Prior code § 10-355)
8.04.160: COLLECTION BY LAWSUIT:
In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue for and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law. (Prior code § 10-356)
8.04.170: COLLECTION THROUGH TAXES:
In the event that the inspector elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he or she shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver the three (3) copies of the statement to the county treasurer within ten (10) days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures. Thereupon, the cost of the work shall be pursued by the county treasurer in accordance with the provisions of section 10-11-4, Utah Code Annotated 1953, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted. (Prior code § 10-357)
8.04.180: CRIMINAL PROCEEDING:
The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance or the granting to the defendant of an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter. (Prior code § 10-358)
8.04.190: PENALTY FOR FAILURE TO COMPLY:
A. 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 B misdemeanor for each offense and may be fined up to one thousand dollars ($1,000.00) for each and every day such failure to comply continues beyond the date fixed for compliance.
B. Compliance by any owner, occupant or person to whom a notice has been given as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section. (Ord. 98-08 § 2: prior code § 10-359)