055 of 2018 - Property Cleaning and Weed Control Amendments 0 18-1
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SALT LAKE CITY ORDINANCE
No. 55 of 2018
(Property Cleaning and Weed Control Amendments)
An ordinance amending Chapter 9.16, Article I of the Salt Lake City Code, renumbering
Section 9.16.110 and Section 9.16.120, and repealing Chapter 9.16, Article II regarding weeds
and the clearing of real property.
WHEREAS, Salt Lake City Corporation(the "City") has enacted City ordinances
regarding the cleaning of real property and weed control, as authorized by Utah Code; and
WHEREAS, the City desires to amend certain provisions of the Salt Lake City Code
regarding the cleaning of real property and weed control to bring the Salt Lake City Code in line
with recent changes to the Utah State Code and current City practices.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 9.16 of the Salt Lake City Code shall be, and hereby is, amended to
read as follows in addition Section 9.16.110 and Section 9.16.120 are renumbered as follows:
CHAPTER 9.16:
WEEDS AND CLEARING OF PROPERTY
9.16.010: Purpose Of Provisions
9.16.020: Definitions
9.16.030: Real Property To Be Kept Clean And Secured
9.16.040: Weed Control Specifications
9.16.050: Notice Of Violation And Corrective Measures
9.16.060: City To Clean Or Secure Property When; Costs
9.16.070: Costs; Collection Methods Authorized
9.16.080: Costs; Collection By Lawsuit
9.16.090: Costs; Collection Through Taxes
9.16.100: Property Examination; Enforcement Authority
9.16.110: Violation; Penalty
9.16.010: PURPOSE OF PROVISIONS:
This chapter 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.
9.16.020: DEFINITIONS:
For the purpose of this chapter, the following terms, phrases and words have the meanings
expressed in this section:
DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
division authorized to perform civil enforcement functions.
ERADICATION: The complete destruction of weeds by chemicals, removal by root, or any
other method approved by the Division.
INSPECTOR: An employee of Salt Lake City's Division of Building Services or of the
successor Salt Lake City Division authorized to perform civil enforcement functions, or any duly
authorized agent, representative or designee.
PROPERTY: For purposes of this chapter, the term"Property" includes the area of land located
between the parcel's property line and the roadway.
PROPERTY OWNER: Any person who, alone or jointly or severally with others, hold legal title
to the property at issue.
SOLID WASTE: Garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid
or semi-liquid waste, and other discarded materials, or materials stored or accumulated for the
purpose of discarding or salvage, or materials that have served their original intended purpose, or
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waste material resulting from construction, industrial, manufacturing, mining, commercial,
agricultural, residential, institutional, recreational or community activities.
VERY LOW INCOME HOUSEHOLD: Has the same meaning as set forth in the guidelines
established by the department of housing and urban development in its "Income Limits For
Housing And Community Development, Section 8 Program For Salt Lake City And Ogden, Utah
SMSA".
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 Division. Weeds include, but shall not necessarily be limited to,
the following:
A. 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;
B. Poison ivy, when the public health and safety in residential or other developed and populated
areas are affected;
C. Those plants named in the Utah noxious weed act, Title 4, Chapter 17, Utah Code, and its
subsequent regulations and successor sections.
9.16.030: REAL PROPERTY TO BE KEPT CLEAN AND SECURED:
A. It is unlawful for any person, corporation, partnership or other legal entity owning real
property in Salt Lake City to fail to maintain the height of weeds, as provided in section 9.16.040
of this chapter; 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 to do so from the Division or inspector.
B. It shall be the duty of every property owner to remove all weeds and noxious vegetation from
the area of land located between the parcel's property line and the roadway. Failure to remove
such weeds and noxious vegetation in accordance with the specifications set forth in section
9.16.040 shall constitute a violation subject to the abatement procedures and penalties set forth in
this chapter.
9.16.040: WEED CONTROL SPECIFICATIONS:
A. Weeds shall be maintained at a height of not more than six inches (6") (15.2 cm) at all times,
and the cuttings shall be promptly cleared and removed from the premises. Low-growing
puncturevine, poison ivy, and bindweed must be removed regardless of height.
B. Weeds which are eradicated by chemicals must be done so before their height exceeds six
inches (6") (15.2 cm), or they must be cut at a level not exceeding six inches (6") (15.2 cm) in
height.
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C. Weeds which are rototilled or removed by the root must be buried under the soil or removed
from the property.
D. The control of low growing weeds such as puncturevine, poison ivy, and bindweed must be
implemented by eradication.
E. When, in the opinion of the inspector,the large size of the 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 feet (15') (4.6 m) in width cut around the complete
perimeter of the property and around any structures existing upon the property.
9.16.050: NOTICE OF VIOLATION AND CORRECTIVE MEASURES:
A. If an inspector conducts an examination of the property and determines it is in violation of
the specifications set forth in section 9.16.040 of the Salt Lake City Code, the inspector shall
serve written notice on the property owner as set forth in subsection B below.
B. The written notice described in subsection A shall:
1. Identify the property owner of record according to the records of the Salt Lake County
Recorder;
2. Describe the property and the nature and results of the examination and investigation
conducted in accordance with subsection A; and
3. Require the property owner to eradicate or destroy and remove the item(s) identified
in the notice in a time period designated by the inspector that is no less than ten days after
the date the notice is personally served or the date it is postmarked.
C. Once notice has been served upon the property owner during any calendar year directing the
cutting and removal of weeds on the property owner's property, no further notice need be served
upon the property owner to compel weed cutting and removal on the same property during that
calendar year.
D. Such written notice issued by the inspector shall be deemed sufficient and complete when
served upon the property owner personally by the inspector or the inspector's duly authorized
agent, representative or designee; or mailed, by certified mail to the last known address of the
property owner according to the records of the County Recorder.
9.16.060: CITY TO CLEAN OR SECURE PROPERTY WHEN; COSTS:
A. Upon the property owner'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 Division shall have the authority to
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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.
B. The inspector, upon approved completion of the work, shall prepare an itemized statement of
all costs incurred by the Division and shall mail that statement to the property owner by certified
mail, demanding payment within thirty (30) days of the date the statement is post marked.
1. The itemized statement of costs shall include
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the Division, including
administrative costs;
c. A demand for payment; and
d. The address where payment is to be made.
2. The itemized statement shall notify the property owner:
a. That failure to timely pay the expenses described in the itemized statement
may result in a lien on the property in accordance with this chapter and Utah Code
§ 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part of the
statement within twenty (20) days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the name of the
office and the mailing address.
3. If the property owner files a timely objection, the Division will schedule a hearing in
accordance with Title 52, Chapter 4 of the Utah Code (Open and Public Meetings Act),
and will mail or deliver to the property owner prior to the hearing a notice stating the
date, time, and location of the hearing.
4. At the hearing described in subsection B (3), a hearing officer shall review and
determine the actual cost of abatement incurred by the Division in abating the property
pursuant to the provisions of this chapter, including administrative costs. The property
owner must pay any amount the hearing officer determines is due and owing to the Salt
Lake City Treasurer at the address provided in the statement of costs within thirty (30)
days of the date of the hearing.
5. The itemized statement of costs described in subsection B shall be deemed delivered
when mailed by certified mail addressed to the last known address of the property owner
according to the records of the Salt Lake County Recorder.
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C. Notwithstanding any other provision in this chapter to the contrary, where the property owner
presents evidence demonstrating that his/her combined family income is at or below the level
established for very low income households, to the satisfaction of the inspector, the Division may
waive all administrative fees and the actual cost of removing weeds or the clearing of property if
the property abated is the property owner's principal place of residence.
9.16.070: COSTS; COLLECTION METHODS AUTHORIZED:
A. If the property owner fails to make payment of the amount set forth in the itemized statement
within thirty (30) days of the date of the mailing of that statement, or to file a timely objection,
then the inspector may either cause suit to be brought in an appropriate court of law, or certify
the past due costs and expenses to the Salt Lake County Treasurer in accordance with this
chapter and Utah Code § 10-11-4 or its successor.
B. If the property owner files a timely objection, but fails to make payment of any amount found
due and owing under section 9.16.060(B)(4) within thirty (30) days of the date of the hearing, the
inspector may either cause suit to be brought in an appropriate court of law, or certify the past
due costs and expense to the Salt Lake County Treasurer in accordance with Utah Code 10-11-4
or its successor.
9.16.080: COSTS; 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, Salt Lake City may sue for and receive judgment for all expenses of
cutting, eradicating, removing, or securing of any structure, together with reasonable attorney
fees, interest and court costs, and may execute upon such judgment in the manner provided by
law.
9.16.090: COSTS; COLLECTION THROUGH TAXES:
A. 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 by certifying costs, the division shall certify with Salt Lake County Treasurer the costs
or expenses it incurred and the Treasurer will proceed as set forth in Utah Code Section 10-11-4
or its successor.
B. After entry by the treasurer of the county,the amount entered shall be a nonrecurring tax
notice charge as described in Utah Code 11-58-102, is a lien on the property, and shall be
collected by the treasurer of the county in which the property is located at the time of the
payment of general taxes.
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C. Upon payment of the costs and expenses, the judgment is satisfied, the lien is released from
the property, and receipt shall be acknowledged upon the general tax receipt issued by the
treasurer.
9.16.100: PROPERTY EXAMINATION; ENFORCEMENT AUTHORITY:
The inspector is hereby authorized to make examinations and investigations of all real property
in Salt Lake City to determine whether the property owners are complying with the provisions of
this chapter, and to enforce the provisions thereof.
9.16.110: VIOLATION; PENALTY:
Any party who shall fail to do those acts required in this chapter, and any party who shall do or
cause those acts prohibited herein to be done shall be guilty of a class B misdemeanor unless
such offense is specifically designated as a Class C misdemeanor, an infraction, or a civil
violation. Each and every day that a violation of this chapter continues shall constitute a separate
offense.
SECTION 2. That chapter 9.16, Article II, of the Salt Lake City Code shall be, and
hereby is, repealed in its entirety.
SECTION 3. That this ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah this 16 day of October 2018.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
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Transmitted to Mayor on November 2, 2018 .
Mayor's Action: Pc Approved. Vetoed.
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ti(. ,pO••.........• � ryRAEgtiS By:
i i+'+ K mber y Ciytras,Senior City Attorney
Bill No. 55 of 2018.
Published: November 8, 2018
HB ATTY-#47254-v 10
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