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Notice is hereby given the Town of Joseph will be holding a public hearing February 4, 2021 at 6:30 PM at the Joseph Community Center 25 E 100 N in Joseph to adopt The Nuisance and Property Maintenance Ordinance. The purpose of the meeting is to receive input from the public with respect to the proposed ordinance.
JOSEPH TOWN, SEVIER COUNTY, STATE OF UTAH
NUISANCE AND PROPERTY MAINTENANCE ORDINANCE
(Joseph Town Code #1)
PROPERTY MAINTENANCE REQUIREMENTS:
No person owning, renting, leasing, occupying, or having charge or possession of any premises within Joseph Town limits shall maintain such premises in such a way as to allow the existence of any of the following conditions, all of which are declared a public nuisance posing a threat to the public health, safety, and welfare of the community:
A. Rank, injurious, or noxious weeds at any state of maturity;
B. Accumulation of garbage such as rubbish, ashes, grass cuttings, leaves, tree limbs, branches, sticks, stones, clothing, papers, printed matter, or other discarded things or matter;
C. Dead, decayed, or diseased vegetation;
E. Any tree, shrub, or portion thereof located on private property which, by reason of location or condition, constitutes an imminent danger to the health, safety, or well-being or the public;
F. Trailers, campers, boats, RVs, or other mobile equipment or motor vehicles parked on public streets for seven days or longer in substantially the same position;
G. Junk such as old scrap metals, scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, discarded tires, dismantled, demolished motor vehicles or parts thereof;
H. Discarded or stored furniture, broken appliances, cartons, or other unsightly items visible from public streets;
I. Maintenance of premises in such condition as to be detrimental to public health, safety, or general welfare, or in such a manner as to constitute a public nuisance;
Any of the above conditions existing in a fenced or enclosed area are, nevertheless, violations. The severity of the offenses may, however, depend upon the visibility of the condition from the street or from adjacent properties.
The above identified violations and the degree of severity thereof shall be evaluated and determined in light of the adjacent properties and the general standards of upkeep of such adjacent properties.
(Joseph Town Code #2)
NOTICE OF VIOLATION; REMEDIES:
A. Any person violating any provisions of this chapter shall be given written notices specifying the violation and requiring the owner(s) or occupant(s), as the case may be, to eradicate, destroy, or remove the same within such time as the inspector may designate, which shall not be less than ten (10) days from the date of said notice.
B. With respect to motor vehicles or parts thereof on public property, a ten (10) day notice of intent to abate and remove the vehicle as a public nuisance shall be mailed to the owner of the vehicle, unless ownership cannot be determined using reasonable means.
C. All notices required herein shall be deemed sufficient if delivered or mailed by certified mail with postage prepaid, and in the case of an absentee owner, addressed to such owner at his last known address as disclosed by the records of the county assessor.
D. Notice by mail shall be deemed received three days following the date of mailing, regular mail, postage prepaid, to the last known address indicated on the records of the county assessor.
E. If any owner or occupant of the property described in said notice shall fail or neglect to eradicate, destroy, and/or remove such violation in accordance with such notice, a second written notice shall be sent notifying the owner or occupant of the property that the city shall remove, or cause to be removed, such weeds, garbage, refuse, objects, or structures within such time as the inspector may designate, which shall not be less than ten (10) days from the date of said notice.
F. In connection with the second notice of violation, the owner/occupant shall be given notice of the right to request a hearing before the Mayor and Town Council as outlined hereinafter. A request for such hearing must be made in writing and delivered to the Town Recorder within ten (10) days of the second notice.
G. The town will prepare an itemized statement of all expenses incurred in the removal and destruction of the same and shall mail a copy thereof to the property owner demanding payment within thirty (30) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail with postage prepaid addressed to the property owner’s last known address. In the event the owner fails to make payment of the amount sent forth in said statement to the town within thirty (30) days, the city may cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as hereinafter provided.
H. In the event collection of said costs are pursued through the courts, the town may sue for and receive judgment upon all of said costs of removal and destruction together with reasonable attorney’s fees, interest, and court costs. The town may execute on such judgement in the manner provided by law.
I. In the event that the town elects to refer the matter to the county treasurer for inclusion in the tax notice of the property owner, the town shall make a certified and itemized statement of all expenses incurred in the removal and destruction of the same, and shall deliver the statement to the county treasurer within ten (10) days after the expiration of the 30-day period provided for such payment.
J. In the enforcement of this ordinance, the Town or its designated agent shall have the right to enter upon private or public property to examine conditions or property believed to be a nuisance and conduct an investigation, remove, or cause to be removed, the property, garbage, or vegetation constituting the nuisance, and such shall not constitute a trespass.
(Joseph Town Code #3)
PUBLIC HEARING ON REMOVAL OF NUISANCE:
A. All hearings under this ordinance shall be held before the Mayor and Town Council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the property and other relevant circumstances. The Mayor and Town Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing.
B. The Mayor and Town Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this ordinance. It may delay the time for the abatement of the nuisance if, in its opinion, the circumstances justify it. At the conclusion of the hearing, the Mayor and Town Council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on public property and order the same removed from the property as a public nuisance and of as hereinafter provided, and determine the administrative costs and the cost of removal to be charged against the owner. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.
(Joseph Town Code #4)
A. Any person violating any of the provisions of this chapter shall be guilty of a Class C misdemeanor as defined by Utah Code 76-3-205.
76-3-205. Infraction conviction — Fine, forfeiture, and disqualification.
1. A person convicted of an infraction may not be imprisoned but may be subject to:
(a)a fine, which may include compensatory service as a method to satisfy the fine;
(d)any combination of the above.
2. Compensatory service shall be considered in accordance with Section 76-3-301.7.
3. Whenever a person is convicted of an infraction and no punishment is specified, the person may be fined as for a class C misdemeanor.