Codes & Ordinances

Monroe City Nuisance Ordinance

 

MONROE CITY CORPORATION

ORDINANCE 1-02-2000

AN ORDINANCE FOR

ABATEMENT OF WEEDS, GARBAGE, REFUSE

AND UNSIGHTLY OBJECTS OR STRUCTURES

PURPOSE- It is the purpose of this ordinance to encourage property owners in Monroe City to maintain their properties so that they are free from weeds, garbage, refuse, unsightly objects and structures. In keeping with the powers granted to municipalities by Chapter 11, Title 10, Utah Code Annotated, 1953, Monroe City establishes through this ordinance a means for removing, abating or causing the removal or abatement of the previously mentioned conditions.

DEFINITION- It is declared in this ordinance that any weeds, garbage, refuse, or unsightly objects or structures which create fire hazards, sources of contamination or pollution, dangers to health and safety, breeding places or habitations for insects or rodents, or any other conditions which threaten the health, safety and well-being of Monroe City residents are considered nuisances and violate this ordinance.

RESPONSIBILITIES OF THE COUNCIL-

The mayor shall appoint with the approval of the council one or more inspectors as needed whose duty it shall be to report to the council as a result of citizen complaint or routine inspection any alleged violation of this ordinance which may be considered a nuisance as previously defined.

The council shall review the alleged violations as a committee of the whole and determine what action, if any, will be taken as provided for in this ordinance.

If upon review the council determines that the reported condition is in violation of this ordinance, the council may direct the inspector or city staff to follow one of the enforcement procedures explained in the Enforcement section of this ordinance.

ENFORCEMENT- The ordinance shall be enforced through one or both of the following actions, as determined by the council.

INFORMAL NOTICE- The inspector or his designee shall contact the property owner and/or occupant of the premises where the violation is occurring and encourage cooperation in removing the objectionable condition. A suggested time limit of not less than ten days but not more than twenty days shall be included in the request for corrective action.

FORMAL NOTICE- The inspector or his designee shall serve notice to the property owner and/or occupant of the premises where the violation is occurring in writing by registered letter that a violation is occurring. The property owner and/or occupant of the premises shall be given at least ten days and not more than twenty days as determined by the inspector to take corrective action. The formal notice shall:

Describe the specific premises on which the violation exists, explain the specific nature of the violation and state the corrective action that is needed.

Inform the property owner and/or occupant that if there are any objections to the notice or its provisions, a hearing with the city council may be requested in writing at a time and place to be set by the council. At the time the property owner and/or occupant applies for a hearing he shall be informed as to the time limit for conforming to the original notice.

Inform the property owner and/or occupant that failure to correct the objectionable condition will result in the city correcting the problem and costs incurred will be collected from the property owner and/or occupant either by requesting payment or by charging the costs against the property as a tax.

HEARINGS-

In the event that the property owner and/or occupant of the premises where the violation is occurring requests a hearing, the mayor or his designee shall set the time and place for a hearing and the property owner and/or occupant shall be notified in writing. The hearing shall not be held within less than five days of serving or mailing the notice.

The council shall conduct an informal hearing. The property owner and/or occupant may discuss objections to the formal notice and present such information as is pertinent to determining if the objectionable condition does indeed constitute a nuisance. The inspector and other interested persons may also present pertinent information.

If the council decides that the property owner and/or occupant is in violation of this ordinance, the original notice shall stand and the property owner and/or occupant shall have ten days from the mailing date of the decision notice to correct the condition. Additional time may be allowed by the mayor or his designee, or litigation may be commenced to secure payment of the costs of removal, together with interest, court costs and reasonable attorney fees.

If the council overrules or modifies the original notice, the council’s written decision shall explain what corrective action, if any, is needed. The property owner and/or occupant shall have ten days from the mailing date of the decision notice to correct the condition. Additional time may be allowed by the mayor or his designee.

FAILURE TO COMPLY-

If any property owner and/or occupant to whom formal notice was previously served shall fail to take the required corrective action, the council shall employ the necessary assistance to correct the nuisance at the city’s expense.

An itemized statement of the charges for the corrective action taken including a service charge of not less than $100, depending on the costs of the work performed, shall be mailed to the property owner and/or occupant. Payment will be required within twenty days of the date of mailing by registered letter.

If the expenses are not paid, the statement may be reported to the County Treasurer for inclusion in the property’s tax notice in accordance with the procedures outlined in Section10-11-4, Utah Code Annotated, 1953.

ACKNOWLEDGMENT OF COMPLIANCE- When a property owner and/or occupant complies with the notice of violation by completing the required corrective action, that property owner and/or occupant shall be notified in writing that the property is no longer in violation of this ordinance and shall be thanked for complying with the city’s ordinance.

Effective Date. This ordinance shall become effective immediately after final passage.

Adopted by the Monroe City Council this __25th____day of __January__, 2000.

___ss: R Craig Mathie_________

Mayor

ATTEST:

___ss: Emalee H. Curtis _______

City Recorder

{Corporate Seal}

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