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Show shall make in triplicate an itemized statement of all ex-j ex-j pensos incurred in the destruction destruc-tion and removal of the same and shall deliver the three copies of saiii statement to the county treasurer within ten days after the completion of the work of destroying or removing such woods, refuse, garbage, objects or structures. Thereupon the costs of said work shall bo pursued by the County Treasurer in accordance accord-ance with the provisions of section 10-11-4, Utah Code Annotated An-notated 1953, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted. Section 11. Emergency Declared. De-clared. In the opinion of the City Council it is necessary to the peace, health and safety of the inhabitants of Cedar City, Utah, that this Ordinance become be-come effective immediately. Section 12. Effective Date. This Ordinance shall take effect ef-fect upon its first publication. Passed by the City Council of Cedar City, Utah, this 6th day of July. 19G7. 1 ORDINANCE 1 AN ORDINANCE PROVID ING FOR THE ABATEMENT OF WEEDS, GARBAGE, REFUSE RE-FUSE OR ANY UNSIGHTLY OR DELETERIOUS OBJECT OR STRUCTURE: PROVIDING FOR THE APPOINTMENT OF AN INSPECTOR: PROVIDING METHODS WHEREBY THE MUNICIPALITY MAY COL- LECT THE COSTS OF SAID FUNCTIONS: AND PROVIDING PROVID-ING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR CITY, UTAH: Section 1. Purpose: It is the purpose of this Ordinance to establish a means whereby this municipality may remove or abate or cause the removal or abatement of injurious and noxious weeks, and of garbage, gar-bage, refuse, or unsightly or deleterious objects or structures struc-tures and regulate the movement move-ment within the city of any such structures pursuant to the powers granted to it by Chapter 11 of Title 10, Utah Code Annotated, 1953, as amended, and pursuant to its otherwise creates nuisances, as above declared. If the Inspector concludes that such conditions exist in whole or in part, he shall: (a) Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions con-ditions exist. (b) File an informal complaint com-plaint with the City Planning Commission setting forth the information relative to the condition of the promises as they are found to exist by the Inspector. (c) Upon the order of the Planning Commission, serve notice in writing upon the owner and occupant of such land, either personally or by mailing notice, postage prepaid, pre-paid, addressed to the owner and occupant at their last known post office addresses, as disclosed by the records of the county assessor, or as otherwise ascertained, requiring requir-ing such owner or occupant, or both, as the case may be, to eradicate or destroy and remove re-move the same within such time as the Inspector may designate, de-signate, which shall not he its written decision, a copy of 'which shall be mailed to or I served upon the owner or oc-! oc-! cupant by the Inspector. In the event the decision of the governing body upholds the determination of the Inspector, In-spector, the notice originally given by the Inspector as above provided shall be doomed doom-ed to be sufficient' to require i the owner or occupant to re-1 move or abate said objects or conditions and he shall have up to ton days from ttie date of notice of the decision with- j in which to conform thereto. In the event that the decision deci-sion of the governing body either overrules or modifies the determination of the Inspector, In-spector, the written decision of the governing body shall apprise him of that fact and set forth the details and extent ex-tent to which the owner or oc- j cupant must make removal or other abatement of the said objects or conditions, if any. I The owner or occupant shall be required to conform to the decision of the governing body within ten days after service or mailing of a copy of said decision and said decision general power to abate nuisances. nui-sances. It is hereby declared that the above listed weeds, objects and structures shall constitute a nuisance when they create a fire hazard, a source of contamination, or pollution of water, air, or property, pro-perty, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to human hu-man habitations or are unsightly un-sightly or deleterious to their surroundings. Section 2. Planning Commission: Commis-sion: The Planning Commission Commis-sion is hereby authorized and empowered to receive notice of any violation of this Ordinance Ordi-nance and to investigate the particular situation and make a report thereon. A. It shall be the duty of the Planning Commission, within thirty (30) days after receiving written notice of a violation of this Ordinance, from the inspector, to meet and review the findings of the inspector and to consider such additional information concerning con-cerning the premises complained com-plained of as may be appropriate, approp-riate, and thereafter to give its written decision to the in- less than ten days from the date of service of such notice. (d) Inform the owner or occupant, oc-cupant, or both, by means of said notice or an attached document that in the event he disagrees with the determination determina-tion of the Inspector and does not wish to remove said objects ob-jects or objectionable conditions, condi-tions, he may request in writing writ-ing a hearing before the governing gov-erning body at a time and place to be set by the governing govern-ing body. A written application applica-tion for a hearing shall stay the time within ' which the owner or occupant must conform con-form to the decision of the Inspector. In the event the owner or occupant makes such request for a hearing, the governing body shall set the time and place for hearing said objections objec-tions and the City Recorder shall notify said owner or occupant oc-cupant in writing of the time and place at which he may appear and be heard. Said hearing shall not be heard within less than five days from the date of service or mailing of said notice. Section 4. Proof of Service. One notice shall be deemed L. A. WHETTON, Mayor ELLEN A. SIMKINS, City Recorder CERTIFICATE I, Ellen A. Simkins, the duly du-ly appointed, qualified and acting City Recorder of Cedar City, Utah, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance entitled "AN ORDINANCE PROVIDING FOR THE ABATEMENT OF WEEDS, GARBAGE, REFUSE OR ANY UNSIGHTLY OR DELETERIOUS DE-LETERIOUS OBJECT OR STRUCTURE: PROVIDING METHODS ME-THODS WHEREBY THE MUNICIPALITY MU-NICIPALITY MAY COLLECT THE COSTS OF SAID FUNCTIONS: FUNC-TIONS: AND PROVIDING A PENALTY," passed by the City Ci-ty Council of Cedar City, Utah, on the 6th day of July, 1967, and on file and of record in my said office. In witness whe?eof I have hereunto set my hand and affixed af-fixed the Corporate Seal of Cedar Ce-dar City Corporation, this 6th day of July, A. D., 1967. ELLEN A. SIMKINS, City Recorder (July 13, 1967). shall be deemed to be the modified decision of the Inspector. In-spector. The Inspector shall file an amended notice and proof of service of said notice and file the same in the office of the County Treasurer. Section 6. Failure to Comply. Com-ply. If any owner or occupant of lands described in such notice no-tice or decision shall fail or neglect to conform to the requirements re-quirements thereof relating to the eradication or destruction or removal of such weeds, garbage, refuse, objects, or structures, the Inspector shall employ all necessary assistance assist-ance to cause such materials to be removed or destroyed at the expense of the municipality. municipali-ty. Section 7. Itemized Statement. State-ment. The Inspector shall prepare pre-pare an itemized statement of all expenses incurred in the removal and destruction of said materials and shall mail a copy thereof to the owner or occupant, or both, demanding demand-ing payment within twenty days of the date of mailing. Said notice shall be deemed delivered when mailed by registered reg-istered mail addressed to the nrnnortv nwnAP'c- or npninflnt'c sufficient on any lot or parcel of property for the entire season sea-son of weed growth during that year. The Inspector shall make proof of service of such notice under oath, and file the same in the office of the County Treasurer. Section 5. Hearing. At the written request of an owner or occupant ordered to remove or abate said weeds, objectionable objection-able conditions , or objects from his real property, the governing body shall conduct an informal hearing (which need not be reported) wherein where-in said owner or occupant may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of said objects or conditions is properly within the purview of this Ordinance. The Board shall also permit the presentation presen-tation of evidence and argument argu-ment by the Inspector and other oth-er interested parties. Thereafter Thereaf-ter within not more than ten days, the governing body shall over the signature of the mayor may-or or such other member of the governing body as it may designate by resolution render I' " L' f last known address. Section 8. Failure to Make Payment. In the event the owner or occupant fails to make payment of the amount set forth in said statement to the municipal treasurer within with-in said twenty days, the Inspector In-spector either may cause suit to be brought in an appropriate appropri-ate court of law or may refer the matter to the County Treasurer as provided in this, chapter. Section 9. Collection by Law i Suit. In the event collection j of expenses of destruction and j removal are pursued through the courts, the city shall sue for and receive judgment for all of said expenses of destruction destruc-tion and removal, together with reasonable attorneys' fees, interest and court costs and shall execute upon such judgment in the manner provided pro-vided by law. Section 10. Collection through Taxes. In the event that the Inspector elects to refer the expenses of destruction or removal re-moval to the County Treasur- j er for inclusion In the tax no- j tice of the property owner, he ispector requiring him to proceed pro-ceed with the removal of the condition found to exist in the manner hereinafter provided, or that the condition found to exist does not violate the Ordinance. Should the Planning Plan-ning Commission fail to take action within the thirty (30) j days after notice, the inspec-1 inspec-1 tor shall proceed with notice to the property owner, as hereinafter provided. Section 3. Inspector: The office of-fice of Inspector is hereby created cre-ated for the purpose of administering ad-ministering the provisions of this Ordinance and the powers pow-ers delegated to this municipality munici-pality by said statutes subject sub-ject to such control and review re-view as the City Council and the Planning Commission may from time to time direct. Until Un-til such time as the City Council Coun-cil may otherwise appoint an Inspector by resolution, the Building Inspector shall perform per-form the functions of Inspector. Inspec-tor. The City Council may appoint ap-point such assistant inspectors inspect-ors and delegate to them such powers and duties as it may from time to time determine by resolution. The powers and duties of the assistants shall be the same as those of the Inspector, unless otherwise so specified by resolution. 1. Before any person, firm or corporation shall move any building or structure into Cedar Ce-dar City or from one place or location within the city to another an-other place or location within the city, they shall first obtain ob-tain a permit from the inspector, in-spector, authorizing them to do so. If the inspector shall determine that such structure andor building shall constitute consti-tute a nuisance, create a fire hazard, a source of contamination, contamin-ation, be unsightly or deleterious deleter-ious to their surroundings or otherwise violate this Ordinance, Ordi-nance, he shall refuse to issue a permit to move andor locate lo-cate said building andor structure. The applicant shall have the right of appeal directly di-rectly to the City Council as hereinafter provided and the decision of the City Council shall be final. Any person, firm or corporation who moves any such building andor structure without a permit is guilty of a misdemeanor. 2. The inspector is hereby authorized and directed to inspect in-spect and examine real property prop-erty situated within the municipality muni-cipality for the purpose of determining de-termining whether or not it contained injurious or noxious weeds, garbage, refuse or unsightly un-sightly or deleterious objects or structures, and for the purpose pur-pose of determining whether or not the existence of said weeds or objects creates a fire hazard or constitutes a source of contamination or other danger dan-ger to health and safety, or I |