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Show 4ts . - i V:"': 11 Sunday, April 2, 1995 The Daily Herald Trapped 2 -year - old oy dies in pickup fire , SALT LAKE CITY (AP) -The state fire marshal is investi-- 1 gating the death of a Grantsville boy who was strapped in a car seat when fire engulfed his mother's pickup truck. The child's frantic mother, Miner, 39, seared her Margaret " arms and head as she desperately tried to rescue the child from d the flames early Friday. By the time North Tooele County firefighters arrived and I the truck, Robert Tyrel , dousedwas dead. Miner i "There just wasn't much left !. that truck, except the Liiframe," said Tooele County i .i Sheriff Frank Scharmann. L Miner was taken to Tooele . 'f Valley Hospital, where she was :, i lX ,r treated and released, a hospital operator said. "Physically she's better than she is emotionally," said her husband, Terry Miner, f!H Margaret Miner had left the 10CA 1T2nA UIU F'civ.up funning witn frj.i u(, her son buckled into his car seat while she ran into her friend's home in Erda. After a few minutes, "she heard a noise and looked out the window and the truck was on fire," her husband said. Heat from the flames kept her from initially approaching the truck, so she wrapped herself in a wet blanket in a second failed attempt to save Robert. Tooele County sheriff's Deputy Ken Marshall arrived two minutes after dispatchers received the 91 J call, but his fire extinguisher could not put out the roaring flames. Scharmann said the Miners were not at fault in their child's death. But an investigation has been launched to find the cause of the fire. "We feel like we owe it to Robert's parents to find out what the cause of the fire was," said Myron Lee of the Tooele County Department of Emergency Management. ne million acres eyed r Utah wilderness - ,, . SALT LAKE CIT Y ( AP) Ru-county commissioners have released their grudging recommendations for future Utah wilderness: slightly less than a million acres. . Environmentalists are rolling their eyes in contempt of the plan. The commissioners think it's a bjg concession. Many of them dpft 't want any. Ij fThe recommendation is part of a al - plan put together by Gov. Mike .Leavitt to resolve the contentious jUtah wilderness question. The governor plans a series of regional 5 public hearings April 13-1- members of the Utah congressional delegation, which hopes to have a bill prepared by June. The amount recommended by counties totals about 5 percent acres of Bureau Land Management land in Utah, fa$id about 2 percent of the entire j? ! It's about half of what the BLM such groups as the Sierra Club, The Wilderness Society and Southern Utah Wilderness Alliance. Three counties Carbon, Juab recommended more and Uintah than the BLM proposal, including areas such as the Deep Creek Mountains. No counties' proposed acreages total anything near those proposed by the Utah Wilderness Coalition, which represents 36 national and local environmental groups. Ken Rait, spokesman for the UWC and coordinator for the Southern Utah Wilderness Alliance, predicts the counties' pro'' ' posal is 'dead on arrival . "These guys hate wilderness. They're selfish, they're shortsighted and they're bent on stealing America's wilderness legacy," Rait said. "It was precisely what we expected." Engineer ad mils he faked impact fee ordinance - SOUTH OGDEN (AP) City Engineer Scott Nelson has admitted he drafted a fake ordinance purporting to impose a $700 impact fee for developers in the Burch Creek area after reporters came looking for one. Nelson said he forged the signatures of the former mayor and city recorder on the document because he was convinced a legitimate ordinance existed but that it had been "I knew in my heart it existed. We just couldn't find it," he said. "At that point I thought, "Well everybody is bawling about it and I can't find one so I'll create one."' Nelson said he looked through the city's records and found the April 28 city council agenda had scheduled a public hearing on the -Examiner The forgery came about after the newspaper began an investigation into the ordinance last November. Nelson was convinced one existed, but couldn't find it. So he typed one up and traced the signa- lieved an ordinance had been adopted nearly eight years ago but since had been misplaced. He said he specifically remembered a public hearing had been held on whether to adopt the impact fee in April 1987. Some other city officials believe the law was passed by the council as well, but nobody could produce the document. Council hearing minutes reflected the topic was discussed, but were ambiguous as to its passage. "I don't know why the ordinance never came about." Nelson said. "I kept saying, "Where is that little piece of paper with two signatures on it?" He was referring to a standard practice in the city of having the city attorney craft all ordinances that then are signed by the mayor and city recorder. ' , . well as when these payments are due. All rules for the park must also be included as part of the lease, if their violation could be considered a reason to evict you. The law is very clear that an owner of a mobile home park may not terminate your lease except for certain specific reasons. There are five. The first reason is if you have failed to comply with park rules for 15 days after you received notice from the park that you have violated the rules. Second, repeated failure to comply with a park rule after you received an original notice stating that another violation might result in forfeiture without giving you a period to comply (like the 15 days for the first time). The third reason a park owner can terminate your lease is if you exhibited behavior that substantially endangers the security and health of the other residents. This includes threatening the property in the park. Fourth, nonpayment of rent or other fees is the most common reason to terminate a lease for park residents. The fifth cause is if there is to be a change in the land use. This means the land where the mobile home park sits, or any part of it, is to be used for a purpose other than renting mobile home spaces. There is a specified procedure for terminating a mobile home park lease and evicting you. Before the park can serve you with QUESTION: J own a small mobile home and ha ve lived in a local mobile home park for two years We signed a lease and ha ve been very happy here. However, the park owner has recently hired a new manager with whom we have had numerous problems. He is now threatening to evict us from the park. We have always paid our . tures. The Weber County Attorney's Office has since opened its own investigation. An emotional Nelson told the newspaper that he regretted his actions. "What a stupid thing to do." he said. "This is so hard because I have always been so honest in all of my other dealings. But now none of that matters. ' ' The newspaper began looking into the history of the ordinance after an accountant hired by a citizens committee questioned its legitimacy. Nelson said at the time he be- ' obile home owners have rights misplaced. This city of 12,000 resident has been acting as if an ordinance was on the books since 1 987. In the past eight years, it has collected $235.-00- 0 from developers in the area which has been spent on improvements and a park, according to a copyright story in Saturday's Standard- Mayor George Goodell Kad been asked by the newspaper fof a copy of the document. Nelson gave " him a copy of the fake, which the ' mayor faxed to the paper. "I just couldn't live with myself ' like that. I've let a lot of people. down by doing something stupid', ' ' ' he said. impact fee for that date. That was the date he put on the phony document. "I went home and typed it up and brought it down to work," Nelson said. "Then I got out a light table, pulled out a copy of an ordinance with the signatures, laid down my copy and traced over it " Lulls D. fi'w Fowlka A J SjfCA Matter of Law rent on lime. Can he really carry-outhis threat? Do we have any rights to remain here? ANSWER: There is a special statute in Utah law written specifically to protect owners of mobile homes and owners of mobile home parks. The law recognizes this is necessary due to the high cost of moving mobile homes, the requirements relating to their installation and the costs of landscaping and lot preparation. Your first step should be to review the lease you signed. It probably includes some park rules that have been incorporated into the lease. There are some restrictions on what rules the park t may promulgate. Complaint, it must send you written notice of its intent, to terminate the lease. The notice must be delivered or sent a certain way and must ; describe the cause for the notice. If ' the cause is one that can be "cured." (complied with) the notice must tell you how much time you have to cure the default" The notice also has to state how long after you received the notice the park can commence legal action. If the park begins an eviction ' proceeding, and you decide to contest it. you must continue to pay rent and fees as they are due. but the money is paid to the court. The owner's failure to comply completely with these laws can be a viable defense. Whichever party wins the claim is entitled to court . costs and reasonable attorney's fees. You should be aware that if the cause for terminating the lease is; either nonpayment of rent or endangering behavior, the owner has the option of also using the unlaw ful detainer statute, which has some different rules and consequences. This column is for general information only. Individual facts will vary the advice given. DO NOT REL Y on this information without consulting an attorney. Lorie D. Fowlke is an attorney with Jeffs & Jeffs. P. C. , Provo. CORRECTION: Bad checks are prosecuted by county attorneys, not city attorneys as stated in last week's column. a Summons and . J, . By law, the lease must include certain information, including the Plant Now name and address of the mobile home park owner and anyone authorized to act in his behalf. The manager may fit in this category. Pansies Violas & Snaps A AAA n The lease must also disclose whether it is a term or periodic lease. It must state all rent, service charges and fees being charged, as Pack Orem State HIT Ftat 225-451- 0, !elf pillion has proposed, and nearly 3 acres less than has been t by a consortium of Janyironmental groups. j'lt's disappointing but predicta-;j$jesaid George Nickas, spokes- ran for the Utah Wilderness Association, which is proposing that 2.9irgiliion acres be designated wilderI" Snnsiine to the Soul YM SS fol .Wo tJ Thecounty commissioners, $rsrtvcver, were proud of their and unanimously agreed to support each others' recommenda- ef-2pr-ts ' Beaver and Wavne counties only areas with large ex of potential wilderness panses where commissioners refused to recommend a single acre. They of--J latere the it J JI ' L ,;t fered a long list of reasons to op-;- I pose each area. "We will see this ,U r T trA ' fmA Tl I AUIU' o Can rw Juan County commissioner who xhairs the Utah Association of Counties' council of commissioners. "We feel we have followed ;what the governor and (Utah con- gressional) delegation asked us to i ;do." Environmentalists have if pp r mm fim i com- plained bitterly about the governor's process, which they say gives sparsely populated rural Utah too much power over lands that belong to all Americans. . The commissioners counter that rural Utah exists because of its dependence on the public lands and that wilderness will harm rural economies. ; "Rural areas are rural because :we make our living off the natural resources. That's the cold hard fact." said San Juan County missioner Bill Redd. ; '. Com- In justifying their wilderness proposals, the commissioners gen-- : erally cited resource-developmeconflicts and man's intrusion as reasons for excluding certain They also noted an over- opposition to wilderness ' whelming among their constituents. The counties' wilderness I : areas. '. is the smallest I yet from any credible group. The BLM recommended 1.9 million I acres. 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