ORDINANCE NO. 2008-5

AN ORDINANCE AMENDING CHAPTER 8.12 AND CHAPTER 12.16 OF THE RICHFIELD CITY MUNICIPAL CODE GOVERNING NOTICE OF VIOATION; REMEDIES AND DEFINITIONS OF PUBLIC NUISANCES.

PREAMBLE

WHEREAS, in order to promote the health, safety, prosperity, peace, order and comfort of the inhabitants of the City, the governing body deems it necessary to make certain amendments to Chapter 8.12 and 12.16 of the Richfield City Municipal Code in order to clarify or better define notice of violation; remedies and definitions of public nuisances within the city limits of Richfield City; and

WHEREAS, the Mayor and City Council of the City of Richfield have examined proposed amendments and have determined those proposals to be in the best interest of the City and the best interest of the citizens, inhabitants, owners, occupants or users of property within the City; now therefore,

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RICHFIELD, SEVIER COUNTY, STATE OF UTAH:

SECTION 1.  Preamble:  The recitals in the Preamble are enacted to be deemed a part of this Ordinance and are hereby declared to express the intent hereof.

SECTION 2.  Chapter 8.12 and Chapter 12.16, of the Richfield Municipal Code are hereby amended by the City Council as follows:

Chapter 8.12.060

A.                 Any person violating any provision of this chapter shall be given written notice specifying the violation and requiring that the owner or occupant, as the case may be, 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.

E.         The city 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 regular 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 set forth in said statement to the city within said 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.

G.        In the event that the city elects to refer the matter to the county treasurer for inclusion in the tax notice of the property owner, the city shall make, in triplicate, an

itemized statement of all expenses incurred in the removal and destruction of the same and shall deliver the three (3) copies of said statement to the county treasurer within ten (10) days after the expiration of the 30-day period provided for such payment.

Chapter 12.16.060

PUBLIC NUISANCES: Any tree or shrub located on private property having a destructive or communicable disease or other pestilence which endangers the growth, health, life or well being of trees, shrubs or plants in the city or which is capable of causing an epidemic spread of a communicable disease or insect infestation; the roots of any tree or shrub, located on private property, which cause the surface of the public street, curb or sidewalk to be up heaved or otherwise disturbed or which may inhibit the provision of utilities or other public services; 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 of the general public.

SECTION 3.  No other sections or provisions of the Richfield City Municipal Code shall be affected.

SECTION 4.  Effective Date.  This Ordinance shall become effective immediately upon adoption, posting and publication of a Summary in The Richfield Reaper as provided in §10-3-711, Utah Code Annotated 1953, as amended.