HomeMy WebLinkAbout41 of 1981 - Amending Chapter 29 of Title 18, relating to cleaning of real property and weed control. SALT LAKE CITY ORDINANCE
No. 41 of 1981
(Cleaning of Real Property and Weed Control)
AN ORDINANCE AMENDING CHAPTER 29 OF TITLE 18 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO
CLEANING OF REAL PROPERTY AND WEED CONTROL.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 29 of Title 18 of the Revised
Ordiances of Salt Lake City, Utah, 1965, as amended, relating to
cleaning of real property and weed control, be, and the same
hereby is amended to read as follows:
Chapter 29
CLEANING OF REAL PROPERTY AND WEED CONTROL
Sections:
18-29-1. Purpose.
18-29-2. Definitions.
18-29-3. Real property to be kept clean and secured.
18-29-4. Standards for weed control.
18-29-5. Notice.
18-29-6. Authority to clean and secure property.
18-29-7. Alternate methods of compelling payment.
18-29-8. Collection by lawsuit.
18-29-9. Collection through taxes.
18-29-10. Costs of removal to be included in tax notice.
18-29-11. Examination and investigation.
18-29-12. Severability.
18-29-13. Penalty.
Sec. 18-29-1. Purpose. It shall be the purpose of this
ordinance to provide for the cleaning of real property and the
control of weeds in a way that will:
(a) Prevent fire hazards.
(b) Prevent insect and rodent harborages.
(c) Prevent the induction of hazardous pollens in the air.
(d) Prevent further spreading of vegetation that threatens
the public health, safety or welfare.
(e) Abate the existence of objects, structures, or solid
waste that threaten the public health, safety and welfare.
(f) Protect and promote the public health and safety of the
community by preventing and/or abating conditions of real
property or the structures thereon which create or maintain
public nuisances.
Sec. 18-29-2. Definitions. For the purpose of this Chapter
the following terms, phrases and words shall have the meaning
herein expressed:
(a) Department. The Salt Lake City-County Health
Department.
(b) Eradication. The complete destruction of weeds by
chemicals, removal by root or any other method approved by the
Department.
(c) Inspector. The Salt Lake City-County Health Department
Director of Health, or his authorized representatives, are hereby
appointed City inspectors authorized by Utah Code Annotated
Section 10-11-1.
(d) Owner. Any person who, alone or jointly or severally
with others:
(1) Shall have the legal title to any premise,
dwelling or dwelling unit, with or without accompanying
actual possession thereof, or
(2) Shall have charge, care, or control of any
premises, dwelling or dwelling unit, as legal or equitable
owner or agent of such owner, or an executor, executrix,
administrator, administratrix, trustee, or guardian of the
estate of the owner.
(e) Solid waste. Garbage, refuse, trash, rubbish,
hazardous waste, dead animals, sludge, liquid or semiliquid
waste, and other discarded materials, or materials stored or
accumulated for the purpose of discarding or salvage, or
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materials that have served their original intended purpose, or
waste material resulting from construction, industrial,
manufacturing, mining, commercial, agricultural, residential,
institutional, recreational or community activities.
(f) Weeds. Vegetation growing upon any real property
within Salt Lake City which will attain such a growth as to
become a fire hazard when dry, or which is otherwise noxious, a
nuisance, or dangerous, as determined by the Department. Weeds
shall also include, but shall not necessarily be limited to the
following:
(1) Dry grasses, stubble, brush, tumbleweeds and
clippings which endanger the public health and safety by
creating a fire hazard, insect or rodent harborage or any
other nuisance.
(2) Poison Ivy, when the public health and safety in
residential or other developed and populated areas are
affected.
(3) Those plants named in the Utah Noxious Weed Act,
Title 4, Chapter 5, Utah Code Annotated and its subsequent
regulations.
Sec.18-29-3. Real property to be kept clean and secured.
It shall be unlawful for any person, corporation, partnership, or
other legal entity owning or occupying real property in Salt Lake
City to fail to maintain the height of weeds as provided in
section 18-29-4 below, on such property; or to fail to remove
from the property any cuttings from such weeds, or any solid
waste, unsightly or deleterious objects or structures, or to fail
to effectively secure any vacant structure after having been
given written notice from the department or inspector.
Sec. 18-29-4. Standards for weed control. Weeds shall be
maintained at a height of not more than six inches (15.2 cm) at
all times and the cuttings shall be promptly cleared and removed
from the premises.
(a) Weeds which are eradicated by chemicals must be done so
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before their height exceed six inches (15.2 cm) or they must be
cut at a level not exceeding six inches (15.2cm) in height.
(b) Weeds which are rototilled or removed by the root must
be buried under the soil or removed from the property.
(c) When, in the opinion of the inspector, the large size
of property makes the cutting of all weeds impractical, the
inspector may, by written order, allow and limit the required
cutting of weeds to a firebreak of not less than fifteen (15)
feet (4.6 meters) in width cut around the complete perimeter of
the property and around any structures existing upon the
property.
Sec. 18-29-5. Notice. Owners or occupants of the property
upon which a violation exists shall be served a written notice
stating the violation, location of violation, date of notice,
corrective measures to be taken, a reasonable time period to
comply, which shall be not less than 10 days from the date of the
service of the order, and the department's power to cause the
cutting or eradicating of weeds, the cleaning and removing of
weeds, unsightly or deleterious objects or structures, or
flammable material, or the securing of any vacant structures.
Once notice has been served during any calendar year directing
the cutting and removing of weeds, no further notice need be
served upon the same owner or occupant to compel such weed
cutting and removing during such calendar year.
Said written notice issued by the inspector shall be deemed
sufficient and complete when served upon the owner or occupant:
(1) Personally by the inspector or his representative; or
(2) Mailing, postage prepaid, addressed to the owner or
occupant at the last known post office address appearing on the
records of the county assessor.
The inspector shall make proof of service of such notice
under oath and file the same in the office of the County
Treasurer.
Sec. 18-29-6. Department authority to clean and secure
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property upon owner's failure to comply. Upon the owner's or
occupant's failure to cut or eradicate the weeds, remove the
cuttings, solid waste, unsightly or deleterious objects or
structures, or flammable material or failure to secure any vacant
structure in accordance with the notice issued, the department
shall have the authority to cause such cutting, removing or
securing, including the power to enter on the property in
violation for such cutting, removing or securing, or to authorize
others to enter on such property and cause such cutting, removing
or securing. The inspector, upon approved completion of the
work, shall prepare an itemized statement of all cost including
administrative expenses incurred by the department which shall be
a minimum of not less than $100, plus the cost of cutting,
eradicating, removing or securing the property. The inspector
shall mail a copy of such statement to the owner or occupant
demanding reimbursement to the Health Department of said costs by
payment to the city treasurer within 20 days of the date of
mailing. Such notice shall be deemed delivered when mailed by
registered mail addressed to the last known address of the
property owner or occupant according to the records of the county
assessor.
Sec. 18-29-7. Alternate methods of compelling payment. If
within 20 days of the date of mailing the owner fails to make
payment of the amount set forth in said statement to the city
treasurer the inspector may either cause suit to be brought in an
appropriate court of law, or refer the matter to the county
treasurer as provided in this chapter.
18-29-8. Collection by lawsuit. In the event collection of
expenses of cutting, eradicating, removing of solid waste,
unsightly or deleterious objects or structures, or flammable
material, or the securing of any vacant structure is pursued
through the court, the city shall sue for and receive judgment
for all expenses of cutting, eradicating, removing, or securing
of any structure, together with reasonable attorneys fees,
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interest and court costs and shall execute upon such judgment in
the manner provided by law.
Sec. 18-29-9. Collection through taxes. In the event that
the inspector elects to refer the expenses of cutting,
eradicating, removing of solid waste, unsightly or deleterious
objects or structures, flammable material, or the securing of any
structure to the county treasurer for inclusion in the tax notice
of the property owner, the inspector shall make in triplicate an
itemized statement of all expenses including such administrative
expenses incurred and shall deliver three copies of the statement
to the county treasurer within ten days after the completion of
the work.
Sec. 19-29-10. Costs of removal to be included in tax
notice. Upon receipt of the itemized statement of the costs of
cutting or eradicating, removing of solid waste, unsightly or
deleterious objects, flammable material, or the securing of any
structure, the county treasurer shall forthwith mail one copy to
the owner of the land from which the same were cut, eradicated,
removed or secured, together with a notice that objection in
writing to the Board of County Commissioners may be made within
thirty days to the whole or any part of the statement so filed.
The county treasurer shall, at the same time, deliver a copy of
the statement to the clerk of the Board of County
Commissioners. If objections to any statement are filed with the
commissioners, they shall set a date for hearing, giving notice
thereof, to the party objecting, the inspector, and the City
Attorney's office, and upon the hearing of the matter, fix and
determine the actual cost of cutting, eradicating, removing or
securing, including administrative expenses, reporting their
findings to the county treasurer. If no objections to the items
of the account are made within thirty days of the date of mailing
such statement, the county treasurer shall certify and enter the
amount of such statement on the assessment rolls of the county in
the column prepared for that purpose. Otherwise, the treasurer
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4i
SECTION 2. This Ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 26th day of May , 1981.
CM IRMAN
ATTEST:
)1 ,1ER/AC%T/�
Transmitted to the Mayor on May 26, 1981
Mayor's Action
YOR
ATTEST:
CI7 REC DER ACTING
(SEAL)
BILL 41 of 1981
Published June 4, 1981
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kn'4.351,
Affidavit of Publication
STATE OF UTAII,
ss.
County of Salt Lake
SALT LAKE CITY ORDINANCES Shana D. Conaty
Mn.al of 1881
(Cleaning al tool Property and Weed COMroiI
AN ORDINANCE AMENDING CHAPTER 290F TITLE 18
QF THE REVISED ORDINANCES OF SALT LAKE CITY,
UTAH,19yS,AS AMENDED,NEUTING TO CLEANING OF Beingfirst dulysworn,deposes and says that he is legal
NE Be PROPERTYAND WE EDCONTROL. p y
SECTION I.That the City
n to of of 18 of the Utah advertising clerk of the DESERET NEWS, a daily
Ordinances of Salt Lake City,Utah,1965,as amended,relating
to cleaning of real o��weed contr..be,and the (except Sunday) newspaper printed in the English
same hereby is amendedChaplee29 language with general circulation in Utah, and
CLEANING OF REAL PROPERTY AND WEED CONTROL
Sect1&241�rpa� published in Salt Lake City, Salt Lake County, in the
1P793.Definitions.
city to be keM.cleen and secured. State of Utah.
1549--I.Standards for weed control.
18-225.Noll,. •
1829d.Auttorlly to clean and secure property.'
;aa29-7.alternat et a un6payment. That the legal notice of which a copy is attached hereto
18;299.Collection through bv raves.'
18-29-18.Cosh of removal to be Included In lax"slice,
L 'm 1a-29-IExaminaflonain`"'E9atIon' Pub notice of Ordinance #41 of 1981
118-29-13.PenSevalty llty.
Sec.
13.Penalty
Sec.1p esi. for the
cleaning shell b!Hre allure ote of M oche
cont• trrolrof�sIn a wayyttha of real property and the
)Prevent f Ire hazards.
(b)Prevent insect and rodent harbaraues.
(dl PIl fIt*lathheieyr nortieadl r tlo.l ilea(mfdtens
the Iu)I AbaMlhthe existencwelfare,
s of oblates,structures,or solid
wash that threat.,
a se the bikhealthresaety of the
community by preventl o and/or abating conditions of real
uoeety or the structures thereon which create or malan
pblic
nuisances. the purpose 5
the following Ite s Definitions.
ases Forr Words Mali n have the mean-
ing
herein expressed:
(a)Department.The Sall Lake City-Courtly Health De-
partment.
(m Eradication.The dete destruction of weeds by
aternicals removal 'anyother'methodapprovedw ' was published in said newspaper on June 4, 1981
the me( IIeoee ctev HaatM,or hie authohe zed reee He alth Depart-
hereby appointed City ktdpeeton authorized by UtaVB SCZe
Annotated Section 10-11-I.
with others:Owner
,Any person who,slope or Inlets or severally /(
-dweltina unit.11 with or wie thethout ecl eying actual losfessi rthellIngn -^�\ +'\ i r � (V .1(\ �
thereof,or ;"•. t c v s
(2)Shall have charge.care,or control of any premises, Legal Advertising Clerk
dwelll,o or dwelling unit,as legal or equitableagent
of such owner,or an executor,executrix,administrator,ad-
minlslratrlx Inntee,or guardian of the estate of the owner.
(e)Solid waste. as ,lior ae,deadimal sludge, quid se quid we
and other
disc the Oarrddeodt materials,or materials stored or aecumu- ore m e this 2nd day of
maid have served N dent original
ntndd puurrposeo.Or waste
material resulting from construction,Industrial,manufactur-
ing, «serdalun+N a tivities'residential,Irennnwm- A.D.
(D Weeds.Vegetation growing upon any real property
hwithin Salt lake City which will attains h growth s to
eed e a fire hazard when dry, which i;;otherwise noxious,
isance, danste pus,as determined by the Department.
weeds shall or
Include,but shall net rwoessarlly be limited /�r
to the allowing: A/'G`"
m (I i°fVagaaa'tgpr' e wbiknei41 a�abs'a> calif' 71
a rt'reha pro,brona or1n rodent 141orage or any orrpr n '�'"��
dential2o oother devetopeed and popul when the ated arreeas are nd afely affecn resi-ted.
Notary Public
title 413)ChanWer 5,ants Utahamed Codein the Utah Noxious Annotated and Its subsewlem
regulation.
shall unlaawwfull for l army erty to In,IRcor�atlao,paan �ship'e
other legal entity coning or occupying real property In partnership,
Lake City to fall to maintain the beight of weeds as Provided
in section 18-29-4 below,on such prooerto,or le fen to remove i
from the property any cuttings Iron,such weeds,or any,dlld
Mrite,unslppntle or deleterlan ablech or structures,or oral(
rHectitten secure doe vacant structure attar having been
glum written notice from the o enr or Inspector.
Sec.1629weed
1.Standards for weed control,Weeds shall be
aeletalend at a heleht or not more than six Inches area cm)
t all Holes and the cuttings shall be promptly cleared and
removed from the menthes..
(al Weeds which ale eradicatedby chemicals must be
I be before• SO at their level not ex .edlna si six x!(15.2 riches(15.2cm))or in
height.
root
must be Weeds Mitch
nder Pe sell op ronneveed ed or removed
errooeertrtn,
(cmak"husoldsiacclI of
r• tr makes the cutting f the
weeds ;Impractical,the In-
spector
quired
oa by oa11� fsl tlasftto rI f weeddss t order,allow
than fieeen(S)feel
tto
oropertrty and asari width
an strucictturres existingc upon thee pprntoper-
N Ser.18-29-5.Notice.Owners or occupants of Me eroWerty '
upon which a violation exists shall be served a written notice I
eating the violation,ecallon of violation,date of nonce,coe-
rective measures to be taken, reasonable tlme period to
pt
comply,which shall be I less Han 10 days from the date of '
Riche cmii,g or of a add(atin and wee the ds,thert cleaning andNreiaovv--
ing of piths,unsightly or deleterious oblects or structures,or
flammable material,or the securing of env vacant structures.
Once not
served during
oti `ep
Ion Hu coning and rremoving oweeeds,no further notice need
be sersudnl owner or r . such
weedcutting and removadu g such calendar year.Said written Tice issue) by the hector hall to
er
deemed sufficient and complete when served upon the Pep,
or
occur*:
))Po b+1tw imoeclor or hisXd am/aN.e;or
(2)MailingrwnslIe postage erecald,addres to the cater or
p• records t Iheelast known post ottlue address appearing an
r
The inspector shall nty make Proof of service of such notice
order oath and rile Me sacra In the office of the County Tree
sun Sec. 111-29-A.Q»artment authority to clean and sec
property upon owner's failure to comply.Upon the owner'sor
pe
1' lalw cut at
re to t or eradicate e weeds,remove the
o`ninggs,s solid waste,unsightly or deleterious Pled,or struc-
tures,or flammable material or thiture a secure any vacant
structure haveomee authority orityce Wto ca s2 such ro notice ttittI.,removingd,the or
securing,including Me power m enter on the property I viola-
tion
for such cutting,remoovImo+,.nsecurring,onto ttlsrtPllo`laa