Codes & Ordinances

Nuisance Ordinance amended 5 01 2016

MONROE CITY CORPORATION
ORDINANCE 5-01-2016 
Nuisances
AN ORDINANCE AMENDING ORDINANCE 9-01-2010  
 
AN ORDINANCE FOR ABATEMENT OF WEEDS, GARBAGE, REFUSE AND UNSIGHTLY OBJECTS OR STRUCTURES AND ADOPTING AN ORDINANCE PROVIDING A PROCEDURE FOR MANAGEMENT, CONTROL AND SUPERVISION OF NUISANCES WITHIN MONROE CITY AND PROVIDING PENALTIES FOR NON- COMPLIANCE OF THIS CODE.  
 
PURPOSE- 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, 2010, Monroe City establishes through this ordinance a means for removing, abating or causing the removal or abatement of the previously mentioned conditions.
 
DEFINITION- Weeds, garbage, refuse, or unsightly objects or structures that 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 that threaten the health, safety and well-being of Monroe City residents are considered nuisances and violate this ordinance.
 
PROPERTY MAINTENANCE 
It is declared in this ordinance that the following list, or any other conditions which threaten the health, safety and well being of Monroe City residents, are considered nuisances and violate this ordinance.
 
1. Rank or noxious weeds of 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, RVs 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. Neglecting maintenance of premises causing a condition that is detrimental to public health, safety or general welfare or in such a manner as to constitute a public nuisance.
 
8. Property, building exteriors or equipment, unsightly or in such condition of deterioration or disrepair that the same causes diminution of property values of neighboring property. 
 
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.   
 
RESPONSIBILITIES OF THE COUNCIL- 
1. 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.
 
2. 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.
 
3. 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 the enforcement procedures explained in the enforcement section of this ordinance.  
 
CODE COMPLIANCE-
Code compliance complaints from concerned citizens and other agencies regarding conditions on private property that affects the quality of life in the city, such as, but not limited to an accumulation of garbage, overgrown lots or yards, junk vehicles, vacant buildings that are open to unauthorized entry, clear view violations at intersections, illegal businesses, illegal conversions, fences in the right of way, parking in the front yard, graffiti, illegal sign and public nuisances which render properties substandard or unsafe to its occupants or the general public.
 
 
CODE COMPLIANCE PROCESS-
1. Courtesy letter with intent to correct.
a.   The notice to include that the City determined the responsible party has violated a city code, including what violation has occurred, how to dispute the violation, a time line to correct the problem and the next course of action. 
 
2. Failure to correct
a. Letter(s) to be sent to the responsible party and will charge  an administrative fee of  $25.00 that will be added to their city utility bill. 
 
b. If the responsible party fails to correct the problem, the next course of action is a hand delivered or certified mail letter containing an administrative fee of  $100.00 that will be added to their city utility bill.
 
c. If the responsible party fails to correct the problem, the next course of action will be to cite them with a Class C Misdemeanor.
 
HEARINGS-
1. 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 less than five days of notification that the registered letter has been received. 
 
2. 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. 
 
3. 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 notification that the registered letter has been received to correct the condition.  Additional time may be allowed by the mayor or  designee.  
 
4. 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 notification that the registered letter has been received to correct the condition.  Additional time may be allowed by the mayor or designee.
 
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.
 
Effective Date.  This ordinance shall become effective immediately after final passage.
 
Adopted by the Monroe City Council this 24th day of May, 2016.
 
 
__________________________________
Mayor Pro Tempore Michael Mathie 
 
 
{Corporate Seal}
ATTEST:
 
_________________________________
City Recorder Emalee H. Curtis  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
affidavit of posting
 
Emalee H. Curtis, being first duly sworn, deposes and says that she is the duly appointed and qualified Recorder of the City of Monroe, a Municipal Corporation of the State of Utah, and that on the 18th day of May, 2016 she posted a true and correct copy of Ordinance 5-01-2016, repealing Ordinance 9-01-2010 and adopting an ordinance providing for a procedure for management, control and supervision of nuisances with Monroe City, said posting being made at the Monroe City Office, Monroe City Library and Andy’s Market.
 
Dated this 18th day of May, 2016
 
__________________________
Emalee H. Curtis, City Recorder 
 
A summary of this ordinance was published in the Richfield Reaper June 2nd, 2016

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