There shall be excluded from the foregoing description the territorial areas of each of the incorporated cities and towns of Iron County as the boundaries of such cities and town exist and are recorded on the date of the adoption of the ordinance or resolution finally establishing the Unincorporated Area Services District No. 2, designated in this Resolution or as the boundaries of such cities and towns may change from time to time.

            Description of the boundaries of the proposed District:

            Iron County: Beginning at the northwest corner of township 31 south, range 5 west, thence west to the boundary of the state; thence south to the line between townships 36 and 37 south; thence east to the line between ranges 16 and 15 west; thence north to the northwest corner of township 37 south, range 15 west; thence east to the northeast corner of township 37 south, range 15 west; thence south to the southeast corner of township 37 south, range 15 west; thence east to the southeast corner of township 37 south, range 13 west; thence south to the northeast corner of section 24, township 38 south, range 13 west; thence east on the section lines to the intersection of the range line between ranges 12 and 11 west; thence south on that range line to the southwest corner of section 18, township 38 south, range 11 west; thence east on the section lines to the intersection of the range line between ranges 11 and 10 west; thence north along the range line to the southwest corner of section 18, township 38 south, range 10 west; thence east on the section lines to the intersection of the range line between ranges 11 and 10 west, at the northeast corner of section 24, township 38 south, range 10 west; thence north to the line separating townships 37 and 38 south; thence east to the line between ranges 8 and 7 west; thence north to the northwest corner of township 35 south, range 7 west; thence east to the northeast corner of said township 35 south, range 7 west; thence north to the northwest corner of township 34 south, range 6 west; thence east to the northeast corner of township 34 south, range 6 west; thence north to the point of beginning.

            3. The proposed District shall be empowered to and shall have the authority to provide any or all of the following services within the territory of the District as and to the extent they are deemed necessary or desirable by the governing body thereof, to-wit: any service or function defined as a “municipal service” or “municipal capital project” pursuant to the Uniform Fiscal Procedures Act for Counties (U.C.A. §17-36-1, et seq.). The foregoing services and functions may be provided through facilities or systems acquired for that purpose through construction, purchase, gift, or condemnation or any combination of the foregoing means, or by any other means available to such districts as provided by law. The acquisition of facilities, systems and property may include the appurtenances thereof and may be for partial or joint ownership interests therein.

            4. Upon establishment of the District, the governing authority of the County or the governing authority of the District, as appropriate, may levy taxes annually on all taxable property within the District and may impose and collect periodic fees or charges to pay for all or a part of the services, systems, commodities or facilities to be provided by the District. All taxes levied for the District shall be properly authorized in accordance with law and shall be in addition to all other taxes levied by the County or by any other public corporation, district or political subdivision located in the District as proposed. The governing authority of the District shall have the authority to adopt such regulations as are necessary to assure the proper collection and enforcement of any and all fees and charges imposed and taxes levied.

            5. A public hearing is hereby called and set on the creation and establishment of the District. Said public hearing shall be held on June 11, 2007, at the hour of 1:30 o’clock P.M. at the regular meeting place of the Board of County Commissioners of Iron County, Utah. All interested persons may attend this hearing at which time and place the Board will give consideration to all protests which may have been filed and shall hear and consider all interested persons desiring to be heard. The hearing may be continued from time to time.

            6. Upon adoption of this Resolution, the County Clerk shall give notice of the intention of the County to establish the District. Said notice shall be given by publication of this Resolution, in its entirety, at least once a week during three (3) consecutive weeks in a newspaper having general circulation in Iron County, the first publication of which shall be not less than twenty one (21) days nor more than thirty five (35) days before the hearing date specified in paragraph 5 above. Upon publication of this Resolution, as provided above, the following heading shall be placed hereon:

NOTICE OF THE INTENTION OF IRON

COUNTY, UTAH, TO ESTABLISH AN

UNINCORPORATED AREA SERVICES DISTRICT

When so published, this Resolution, in its entirety, shall be considered to be a public Notice of Intention to create the proposed District containing at least the following information: (1) a description of the boundaries of the District, as set forth in paragraph 2 above, (2) a general description of the types of services proposed to be provided within the District, as set forth in paragraph 3 above, (3) a statement regarding the levying of taxes within the District and the imposition of fees and charges to pay for the services to be provided, as set forth in paragraph 4 above, (4) the designation of a time and place for a public hearing on the establishment of the District, as set forth in paragraph 5 above, and (5) such other information concerning the proposed District as is contained in this Resolution.

7. Upon establishment of the District proposed herein it shall be a separate political and administrative subdivision of the County and shall have the rights, powers and authority granted to the District as set froth herein and in the final resolution establishing the said District.

8. It is proposed that the Board of County Commissioners as it is comprised from time to time shall be and act as the governing authority of the District when created and shall supervise and control all of the activities thereof. The Board may also delegate to designated officers or employees of the County the authority to perform the activities, functions and operations of the District.

9. No part of the proposed District described herein is included within the boundaries of any city or town and no territory of the District is included within the boundaries of any improvement district or special service district of the County which has been established for the purpose of providing the same services proposed to be supplied by this District.

10. At the public hearing, for which provision is made in paragraph 5 above, or prior thereto, protests against the establishment of the District or the furnishing of specified types of services within the District may be made orally or in writing by any interested person. Any protest made may be withdrawn by the protestant any time before the Board of County Commissioners establishes or abandons the proposed District.

11. If persons constituting and consisting of over 50 percent of the qualified voters of the territory proposed to be included within the District file written protests prior to the conclusion of the public hearing specified in paragraph 5 above against the establishment of the District, the Board shall abandon the proposed establishment of the District.

12. After conclusion of the hearing specified herein, the Board shall adopt a resolution either establishing the proposed District or determining that it should be abandoned. A resolution establishing the proposed District may contain any changes from this Resolution the Board determines to be appropriate, including reduction of the boundaries of the District and elimination of one or more of the types of services proposed to be supplied. Any abandonment of this District shall be without prejudice as to whether all or a part of the area proposed herein shall be included in a new unincorporated area services district established in a manner provided by law at a later date. Any resolution finally establishing the District proposed hereby shall specifically set forth the duties and obligations of the District and the rights, powers and authority thereof.

13. The officers and employees of Iron County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution.

14. If any one or more sections, sentences, clauses or parts of this Resolution shall for any reason be held inapplicable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts hereof held inapplicable or invalid. The inapplicability or invalidity of any section, sentence, clause, or part of this Resolution in any one or more instances shall not affect or prejudice in any way the applicability or validity of this Resolution in any other instance.

15. All resolutions and regulations of the County of Iron that may be inconsistent or in conflict with this Resolution are hereby repealed only with respect to this District and to the extent only of such conflict or inconsistency. This repealer shall not be construed to revive any resolution or regulation, or part thereof, heretofore repealed.

APPROVED and PASSED this 14^th day of May, 2007.

BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH

By ___________________________________

Wayne A. Smith, Chair

ATTEST:

David I. Yardley, County Clerk

Commissioner Wayne A. Smith         voted: Aye

Commissioner Lois L Bulloch            voted: Aye

Commissioner Alma L. Adams          voted: Aye

IRON COUNTY FAIR MISS IRON COUNTY PAGEANT :

            Misty Prisbrey and Mari Burgess met with the Commission to discuss Miss Iron County Pageant issues. Included were requirements for scholarship eligibility for winners. ACT and admissions standards are so high that the winners would need almost an A average to qualify. Insurance questions were also discussed. Alma Adams will meet with SUU officials to get a clarification on scholarship requirements.

            Alma Adams made a motion to designate the Miss Iron County Pageant as a Fair activity. Also to bring prior year funding shortages into balance to start this year and to consider an increase in funding for 2008. All funds are to be accounted through the County Auditor’s Office as any other County department. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

HUMAN RESOURCE MATTERS :

            Colette Eppley presented for approval the following new employees: William Nicks, Seasonal Parks Worker; Tiffany Chambers, EMT-Basic; Glen Pederson, EMT-Basic; Stephanie Munford, EMT-Basic; Bart Higbee, EMT-Basic; Trisha Harris, EMT-Basic; Clay Allred, EMT-Basic; William Tobler, EMT-Intermediate; Becky Jensen, EMT-Intermediate; Nick Wittwer, EMT-Basic; Lyle Empy, Paramedic; Melinda Richardson, Full Time Deputy Assessor; and Marianne Malong, Part Time Deputy Assessor.

            Lois Bulloch made a motion to approve the new employees as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

CLOSED MEETING :

            Lois Bulloch made a motion to convene in closed session to discuss a Personnel Matter in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

STATE OF UTAH                 )

                                                ) s.s.

COUNTY OF IRON              )

            I, Wayne A. Smith, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual.

            Dated this 14^th day of May, 2007.

Signed: Wayne A. Smith, Chairman

Attest: David I. Yardley

County Clerk

            After reconvening in open session, Alma Adams made a motion to adjust the salary paid to the County TV Technician to $30,000 annually and to reimburse documented mileage at the County rate effective June 1, 2007. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

REQUEST TO ABANDON ROAD :

            Steve Platt reported that a small two track road within SE ¼, Sec 36, T34S, R 10W which connects old Highway 91 with the Summit Mountain road has been reviewed and the property owner has requested that it be abandoned to public use. The current alignment of the Summit Mountain road is most commonly used and the public has been fenced out of this right of way for many years.

            The Commission authorized the process to vacate this portion of road as outlined in State Code.

IRON COUNTY DRUG COURT :

            Lesli Riggs-Arnold and Mark Hollingshead, Southwest Behavioral Health Center, and Sheriff Mark Gower met with the Commission seeking support from the County in establishing a Drug Court. The concept of a drug court to treat drug abuse was discussed. Funding would be provided through grants and local funding. Administration of drug tests would be conducted by the Sheriff’s Department. Kevin Thurman reported that Scott Garrett is in support of establishing a drug court.

            Lois Bulloch made a motion to approve establishing an Iron County Drug Court. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

ORDINANCE 2007-6: NUISANCE ORDINANCE :

            Kevin Thurman presented a proposed revised nuisance ordinance which will provide for a more effective enforcement tool in cleaning up nuisance problems within the County. The Ordinance repeals existing nuisance ordinances. Lois Bulloch made a motion to adopt Ordinance 2007-6 as presented. Second by Alma Adams.

IRON COUNTY COMMISSION

ORDINANCE NO. 2007-6

AN ORDINANCE OF IRON COUNTY, UTAH REPEALING ORDINANCES 114 AND 141 (CHAPTER 8.20 – NUISANCES, TITLE 8 – HEALTH AND SAFETY), AND ADOPTING A NEW ORDINANCE RELATING TO THE ABATEMENT OF NUISANCES WITHIN THE BOUNDARIES OF IRON COUNTY, UTAH; PROVIDING DEFINITIONS PERTAINING TO NUISANCES; PROVIDING MEANS FOR THE ABATEMENT OF THE SAME; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE

            WHEREAS, the maintenance of nuisances in the unincorporated areas of Iron County, Utah is an increasingly pervasive threat to the health, safety, and general welfare of the inhabitants of Iron County;

            WHEREAS, Iron County desires to promote the health, safety, and general welfare of Iron County residents;

            WHEREAS, the previously-enacted Ordinances No. 114 and 141 (Title 8, Chapter 8.20) were inadequate to fully, properly, and expeditiously abate existing nuisances;

            NOW, THEREFORE, THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH ORDAINS AS FOLLOWS: That Ordinances No. 114 and 141 (Title 8, Chapter 8.20) is hereby repealed and replaced with the provisions found below in Section 1 – Substantive Provisions.

SECTION 1 – SUBSTANTIVE PROVISIONS

CHAPTER 8.20

NUISANCES

Sections:

            8.20.010          Definitions.

            8.20.020          Nuisance – Definition.

            8.20.030          Illustrative Enumeration. 

            8.20.040          Vehicles. 

            8.20.050          Noxious Weeds.

            8.20.060          Noises.

            8.20.070          Exemptions.

            8.20.080          Responsibility for Nuisances.

            8.20.090          Enforcement Officer(s).

            8.20.100          Finding of Nuisance.

            8.20.110          Notice to Abate Nuisance.

            8.20.120          Voluntary Correction Agreement.

            8.20.130          Violation – Criminal Citation/Action.

            8.20.140          Violation – Administrative Citation.

            8.20.150          Abatement by County.

            8.20.160          Monetary Fines.

            8.20.170          Civil Actions.

            8.20.180          Abatement by Eviction.

            8.20.190          Non-exclusive Remedies.

            8.20.200          Appeals.

            8.20.210          Severability Clause.

8.20.220          Enforcement of nuisances found elsewhere in County Ordinance.

8.20.010          Definitions.

            As used in this Chapter:

            “Abatement” means the repair, replacement, removal, destruction, correction, or other remedy of a condition which constitutes a nuisance by such means, in such a manner, and to such an extent as the Enforcement Officer determines is necessary in the interest of the general health, safety, and welfare of Iron County inhabitants.

            “Agricultural Operations” means any activity, facility, or operation for the production for commercial purposes of crops, livestock, poultry, livestock products, or poultry products. 

            “Completion Date” means the date by which the Responsible Person must abate a nuisance. The Completion Date is set by the Enforcement Officer in the Notice to Abate Nuisance, Voluntary Correction Agreement, administrative citation, or criminal citation, or in an order by a Hearing Officer or judge.

            “Enforcement Officer” means the Zoning Officer, building inspector, Sheriff, County Attorney, or some other duly designated officer of the County that is authorized as the agent charged with the enforcement of the provisions of this Chapter. In the case of a violation of Section 8.20.050, the Enforcement Officer shall be the County Weed Control Board or designee.

             “Hearing Officer” means the person(s) designated to hear appeals pursuant to this ordinance. The Hearing Officer shall be the County Administrative Law Judge or some designee named by the County Commission. The designee need not be a County employee. The County Commission may also appoint a committee to function as the Hearing Officer.

            “Junk” means any or all worn out, cast off, or discarded item, article, or material which is ready for destruction or has been collected and stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

            “Junk car” means any used car or motor vehicle not in the process of reconditioning, which has been abandoned for the use as a motor vehicle on a public highway and which is in an unsafe operating condition and shall have remained in such condition for a period in excess of thirty days; or portions of junk cars, such as hoods, fenders, radiators, rims, motors, hubcaps, etc., not being immediately utilized in the repair of a motor vehicle.

            “Responsible Person” means the person(s) responsible for correcting or abating a nuisance pursuant to this ordinance. The Responsible Person includes the property owner and any person who causes or permits a nuisance to occur or remain upon property in the County, and includes but is not limited to the owner(s), lessor(s), lessee(s), or other person(s) entitled to control, use, and/or occupy property where a nuisance occurs. In cases where there is more than one Responsible Persons, the County may proceed against one, some, or all of them.

            “Rubbish” means wire, chips, shavings, boxes, barrels, rags, bottles, broken glass, crockery, tin, cast or wooden ware, Iron, stumps, tree trunks, paper, circular, hand bills, boots, shoes, ashes, trash, or any similar waste material

“Vehicle” means a machine propelled by power other than human power designed to

travel along the ground or water by use of wheels, treads, runners, propellers, sails, slides, etc. and transport persons or property or pull machinery and shall include, without limitation, automobile, boat, truck, trailer, motorcycle, tractor, buggy, and wagon.

8.20.020          Nuisance – Definition.

            The purpose of the general definitions listed below is to allow the County to classify an offending situation, conduct, or activity as a nuisance, even though the situation, conduct, or activity may not be listed as a nuisance in the specific examples in this Chapter. Definitions B, C, and D are taken directly from Utah State law. The term “nuisance” under this Chapter shall include both private and public nuisances. Any activity that meets any one or more of the five definitions set forth below shall constitute a nuisance and be declared unlawful if it occurs within Iron County:

            A.        Nuisance means doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition, or thing:

                        1.         injures or endangers the comfort, repose, health, or safety of others;

                        2.         renders soil, air, water, or food impure or unwholesome;

                        3.         offends decency;

                        4.         is offensive to the senses;

            5.         unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, park, sidewalk, lake, basin, stream, canal, ditch, or drainage;

                        6.         renders in any way other persons insecure in life or the use of property;

                        7.         essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or

                        8.         violates the use provision of the Iron County Zoning Ordinance, or the Utah Department of Environmental Quality standards or requirements.

B.       Nuisance as Defined in U.C.A. § 78-38-1 (1) (as currently amended). Anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

            C.        Nuisance as Defined in U.C.A. § 76-10-801 (as currently amended). Any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.

            D.        Public Nuisance as Defined in U.C.A. § 76-10-803 (as currently amended). Unlawfully doing any act or omitting to perform any duty, which act or omission:

                        1.         annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons;

                        2.         offends public decency;

                        3.         unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or

                        4.         in any way renders three or more persons insecure in life or the use of property.

            E.        Specific Nuisances Listed in Section 8.20.020. Anything specifically listed as a nuisance in Section 8.20.020 or any other Section in this Chapter.

8.20.030          Illustrative Enumeration.

            Except as specifically allowed in this Chapter, the maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public or private property of any of the following items, conditions, or actions are hereby declared to be unlawful and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:

            1.         Accumulation of rubbish, trash, refuse, junk, and other abandoned materials, metals, lumber, or other things.

            2.         Noxious weeds, as defined in U.C.A. § 4-17-1 et seq. (“Utah Noxious Weeds Act”), as currently amended, and other rank vegetation.

            3.         Any condition which provides harborage for rats, mice, snakes, or other vermin.

            4.         Any building or other structure which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb, or property, or cause any hurt, harm, inconvenience, discomfort, damage, or injury to any one or more individuals in the County, except as provided in Section 8.20.070.

            5.         Any fence, wall, deck, tree, pole, smokestack; or any excavation, hole, pit, sidewalk, subspace, dock, or loading dock; or any lot, land, yard premises, or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb, or property, or cause any hurt, harm, inconvenience, discomfort, damage, or injury to any one or more individuals in the County.

            6.         All unnecessary or unauthorized noises and annoying vibrations including animal noises in violation of Section 8.20.060 of this Chapter.

            7.         All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches.

            8.         The carcasses of animals or fowl not disposed of within a reasonable time after death.

            9.         The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, creamery, industrial wastes, or other substance.

            10.       Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed, or maintained.

            11.       Polluted or stagnant water which constitutes an unhealthy or unsafe condition.

            12.       Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities.

            13.       The operation of an unlicensed business, or business at variance with the terms and conditions imposed in granting the license.

            14.       Including Section 8.20.040, the deposit, storage, maintenance, collection, or permitting of the deposit, storage, maintenance, or collection of any junk cars, rubbish, or unregistered vehicles or vehicles with expired license plates, except as specifically provided in Section 8.20.040.

15.       Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, precursor, or analog specified in U.C.A. § 58-37-1 et seq., (as currently amended) (Utah Controlled Substances Act) occurs.

            16.       Every building or premises where parties occur twice or more per month which create the conditions of a nuisance as defined in Section 8.20.020 of this Chapter. Some of the factors the County may examine in determining whether a party house exists include:

                        a.         An increase in the number of emergency response calls due to parties being held;

                        b.         Any pattern of activity that suggests that parties, creating a nuisance as defined by the ordinance, are taking place; and

                        c.         Any pattern of activity which diminishes the quiet enjoyment of those buildings and premises around the alleged party house or causes the immediate neighbors to fear for their safety or the safety of their family members due to the party activity. 

17.       A condition which encourages a fire to start or increases the intensity or severity of a fire.

            18.       Any “attractive nuisance,” as interpreted in statutory and case law, dangerous to children and other persons including, but not limited to, abandoned foundations or excavations, or improperly maintained or secured pools.

            19.       Construction Equipment of any type or description parked or stored on property when it is readily visible from the ground level of a public street, alley, or adjoining property, except while excavation, construction, or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property or where the property is zoned for the storage of construction equipment and/or machinery. 

            20.       Allowing trash or debris to spill or be blown by the wind from a construction area or other trash container and/or to cause litter to the property of others or to property of the public.

8.20.040          Vehicles.

            A.         Violations Declared a Nuisance. Any violation of this Section shall be declared unlawful and constitute a nuisance and may be abated in accordance with this Chapter. The Responsible Person shall be subject to the fines and penalties outlined in this Chapter and the County shall be entitled to the remedies outlined in this Chapter.

            B.         Abandonment. No person shall abandon any vehicle within the County and no person shall leave any vehicle at any place within the County for such time and under such circumstances as to cause such vehicle to reasonably appear abandoned.

            C.         Leaving of Wrecked, Nonoperating Vehicle on Street. No person shall leave any partially dismantled, nonoperating, wrecked, or junked vehicle on any street or highway within the County.

            D.         Disposition of Wrecked or Discarded Vehicles. No Responsible Person shall allow any partially dismantled, nonoperating, wrecked, junked, or discarded vehicle to remain on any property longer than sixty (60) days; and no person shall leave any such vehicle on any property within the County for a longer time than sixty (60) days; except that this Section shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the County.

            E.         Impounding. The Sheriff or any member of the Sheriff's Department designated by the Sheriff is hereby authorized to remove or have removed any vehicle left at any place within the County which reasonably appears to be in violation of this Section or lost, stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with State law.

            F.         Abatement. The Enforcement Officer may abate violations of this Section as provided in this Chapter.

            G.         Presumption.             For purposes of this Section, a vehicle shall be prima facie presumed abandoned if it is not registered and inspected sixty (60) days after the date on which such registration and inspection is required by the state law.

            H.         Exception – Vehicle in the Process of Reconditioning. Up to 1 vehicle per property in the process of reconditioning shall not be declared a nuisance as long as substantial progress in the reconditioning of the vehicle has occurred within the last thirty (30) days. The limit of 1 vehicle per property does not include a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the County.

8.20.050          Noxious Weeds.

            Any violation by a Responsible Person of U.C.A. § 4-17-1 et seq. (“Utah Noxious Weeds Act”), as currently amended, or any successive state regulation of noxious weeds, shall be declared unlawful and constitute a nuisance. The designated Enforcement Officer under this Section shall be the County Weed Control Board or designee or some other duly authorized county agency or employee. A nuisance under the Utah Noxious Weeds Act, as currently amended, or any successive state regulation of noxious weeds, may be abated in accordance with this Chapter. The Responsible Person shall be subject to the fines and penalties outlined in this Chapter and the County shall be entitled to the remedies outlined in this Chapter.

8.20.060          Noises.

            A.         General Prohibition. It is declared to be a nuisance and unlawful for any person to recklessly make or cause to be made or continued, within the residential portions of the County, any loud or unnecessary or offensive noise or any noise which may reasonably be anticipated to annoy, disturb, injure, or endanger the comfort, slumber, peace, health, or safety of any reasonable person or persons of normal sensitivity, whether due to volume or duration or both. Any violation of this Section shall be declared a nuisance and may be abated in accordance with this Chapter. The Responsible Person shall be subject to the fines and penalties outlined in this Chapter and the County shall be entitled to the remedies outlined in this Chapter.

            B.        Prohibitions on Use or Operation of Sound Generating Machines or Devices in Residential Areas. The reckless use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, stereo, television set, compact disc player, video recorder/player, loud speaker(s), or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, slumber, or comfort of any reasonable person of normal sensitivity in any residential area of the County is prohibited.

C.        Factors to Consider. The characteristics and conditions which should be considered in determining whether a violation of A. or B. exists include, but are not limited to, the following:

                        1.         The level of the noise;

                        2.         Whether the nature of the noise is usual or unusual;

                        3.         Whether the origin of the noise is natural or unnatural;

                        4.         The level of the ambient noise;

                        5.         The proximity of the noise to sleeping facilities;

                        6.         The nature and zoning of the area from which the noise emanates and the area where it is received;

                        7.         The time of day or night the noise occurs;

                        8.         The duration of the noise; and

                        9.         Whether the noise is recurrent, intermittent, or constant.

            D.        Prima facie evidence of violations. Any of the following shall constitute evidence of a prima facie violation of this Section:

                        1.         The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum set, phonograph, stereo, compact disc player, video recorder/player, loud speaker(s), or similar machines or devices between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of twenty (20) feet from the building structure or vehicle in which it is located.

                        2.         The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of twenty (20) feet and when operated in such a manner as to cause a reasonable person to be aware of vibration accompanying the sound at a distance of twenty (20) feet from the source.

3.         In a residential zone, performing or causing to be performed any construction work on any construction site between the hours of 10:00 p.m. and 7:00 a.m. in a way to be plainly audible at a distance of twenty (20) feet from the source. The Iron County Board of County Commissioners may authorize extended hours for construction operations or procedures which, by their nature, require continuous operations, or modify or waive the hours for projects in generally isolated areas where the extended hours do not impact adjoining property occupants.

                        4.         The operation of any motor vehicle in a residential area with a dynamic braking device engaged, except to avoid imminent danger, between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of twenty (20) feet from the source.

5.         Operating or causing to be operated a motor vehicle (a) with a defective exhaust system that affects sound reduction, (b) without a muffler or other noise dissipative device, and/or (c) equipped with any cut-out, by-pass, or similar device.

            E.        Exemptions. The following are exempted from compliance with this Section:

                        1.         Sounds generated from any government or emergency vehicle while engaged in necessary public business.

                        2.         Sounds generated from excavations or repairs of bridges, streets, highways, or other public works projects by or on behalf of the city, county, or state, day or at night, when the public welfare and convenience requires such work.

                        3.         Sounds generated from the reasonable use of amplifier(s) or loud speaker(s) in the course of public addresses which are non-commercial in character, and in which amplifiers or loud speaker(s) are not used in connection with any moving vehicle.

                        4.         A parade or public assembly that has obtained a permit.

                        5.         Sounds from any emergency device, early warning system, or civil defense device.

                        6.         A school or county-sponsored sporting event or assembly.

                        7.         Any activity for which a county permit or license was issued.

                        8.         Sounds from equipment used to maintain landscaping on residential property on a periodic basis, including lawnmowers, leaf blowers, edgers, hedge trimmers, and similar types of equipment when used between 7:00 a.m. and sunset.

            F.        Relief from Restrictions. Requests for relief from the noise restrictions in this Section may be made to the Iron County Board of County Commissioners. Upon granting relief, any conditions outlined and agreed upon shall be obeyed by the applicant and failure to do so will cause the grant of relief to be revoked.

8.20.070          Exemptions.

            A.        Lawful Act. No act which is done or maintained under the express authority of a statute, ordinance, or court ruling shall be declared a nuisance.

            B.        Agricultural Operations. Agricultural Operations that are consistent with sound agricultural practices are presumed to be reasonable and do not constitute a nuisance under this Chapter unless the agricultural operation has a substantial adverse effect on the public health and safety. Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.

            C.        Agricultural Buildings. Except in residential areas, structures used solely in conjunction with agriculture use, and not for human occupancy, may be exempt from this Chapter if the alleged nuisance occurs as a direct result of the relaxed building permit requirements allowed under U.C.A. § 58-56-4(5)(a) & (b) (as currently amended), and the owner has signed an approved “Waiver of Liability Regarding Agriculture Buildings within the Unincorporated Areas of Iron County”. This subsection shall not cover plumbing, electrical, and mechanical work in the structure unless such work is specifically exempted from the permit process and such work is specifically covered by the Waiver of Liability.

8.20.080          Responsibility for Nuisances.

            The Responsible Person(s) is responsible for abating nuisances pursuant to this ordinance. Any person, whether as owner, agent, or occupant, who creates, aids in creating, or contributes to a nuisance, or who supports, continues, or retains a nuisance, is responsible for the nuisance and is therefore a Responsible Person pursuant to this Chapter. Every successive owner or tenant of a property or premises who fails to abate a continuing nuisance upon or in the use of such property or premises caused by a former owner or tenant is responsible therefore in the same manner as the one who first created it.

8.20.090          Enforcement Officer(s).

            The Zoning Officer, building inspector, County Weed Control Board (in the case of a violation of Section 8.20.050), Sheriff, County Attorney, or some other duly designated officer of the County is charged with the enforcement of the provisions of this Chapter and shall be authorized to make examination and investigation of all real property in the County, as allowed by law, to determine whether the Responsible Person(s) is complying with the provisions of this Chapter. The County Attorney shall enter such actions in court as are necessary. Failure of such county agents to pursue appropriate legal remedies shall not legalize any violation of such provisions.

8.20.100          Finding of Nuisance.

            If an Enforcement Officer has probable cause to believe a nuisance exists, the Enforcement Officer shall attempt to have the Responsible Person abate the nuisance. Although the Enforcement Officer’s first step in correcting or abating the nuisance will always be to obtain a voluntary compliance, the Enforcement Officer may pursue any remedy or combination of remedies available pursuant to this ordinance, State law, or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the County from engaging in its standard prosecution practices. Therefore, the County may prosecute violators of County ordinances or State laws without first having to comply with the provisions of this Chapter, even though the activity or conduct prosecuted may also constitute a nuisance under this ordinance. Nothing in this ordinance shall be interpreted to prevent the County from enforcing applicable County ordinances, building codes, or zoning ordinances without first treating the offending conduct, situation, or activity as a nuisance pursuant to this ordinance.

8.20.110          Notice to Abate Nuisance.

            A.        Notice. Whenever a nuisance is found to exist within the County, the Enforcement Officer shall serve written notice to the Responsible Person in person or by mailing notice, postage prepaid, addressed to the Responsible Person at the last-known post-office address as shown in the records of the County Assessor.

            B.        Contents of Notice. The notice to abate a nuisance issued under the provisions of this Chapter shall contain:

                        1.        The location of the nuisance, if the same is stationary.

                        2.         A description of what constitutes the nuisance.

                        3.         A statement of acts necessary to abate the nuisance.

                        4.         A statement that abatement must occur within 30 days of service of notice.

                        5..        A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the County will take necessary actions, as listed in this Chapter, to abate the nuisance.

            C.        Service of Notice. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. If notice has already been served once during the calendar year directing abatement, no further notice need be served to compel such abatement during such calendar year.

8.20.120          Voluntary Correction Agreement.

            The Enforcement Officer should attempt to obtain voluntary correction from the Responsible Person and by entering into a Voluntary Correction Agreement before other remedies are undertaken. A Voluntary Correction Agreement is a contract between the County and the Responsible Person in which the Responsible Person agrees to abate the nuisance within a specified time and according to specified conditions. The purpose of the Voluntary Correction Agreement is to provide a mechanism for the Responsible Person to abate the nuisance voluntarily before more severe remedies are undertaken by the County. If the Responsible Person complies with the terms of the Agreement, the County shall take no further action against the Responsible Person related to the nuisance(s) described in the Agreement unless the nuisance(s) recurs. Because the maintenance of a nuisance is a criminal violation, this option is a privilege and not a right and the Responsible Person has no entitlement. Thus, the Enforcement Officer may chose to abate the nuisance using one or more of the other procedures set forth in this ordinance, state law, or common law.

            A.        The Voluntary Correction Agreement shall include the following:

                        1.         The name and address of the Responsible Person;

                        2.         The street address of the nuisance, or a description sufficient to identify the building, structure, premises, or land upon or within which the nuisance is occurring;

                        3.         A description of the nuisance;

                        4.         The necessary corrective action to be taken, and a date or time by which correction must be completed (“Completion Date”) – the date or time by which correction must be completed shall not be longer than 6 months;

                        5.         An agreement by the Responsible Person that the County may inspect the premises as may be necessary to determine compliance with the Voluntary Correction Agreement;

                        6.         An agreement by the Responsible Person that, if the terms of the Agreement are not met, the County may:

                                    a.         issue an administrative or criminal citation(s);

                                    b.         abate the nuisance, recover its costs and expenses, and place a lien on the property;

                                    c.         issue a monetary fine pursuant to this ordinance; and/or

                                    d.         pursue any other legal remedy available;

                        7.         An agreement by the Responsible Person acknowledging that he/she waives the right to appeal the Enforcement Officer’s finding that a nuisance exists and the right to appeal the specific corrective action required by the Voluntary Correction Agreement; and

                        8.         An agreement by the Responsible Person that failure to comply with the Voluntary Correction Agreement may be grounds for criminal prosecution.

B.        Extension of Time. The Enforcement Officer may grant an extension of time for correcting or abating the nuisance pursuant to the Voluntary Correction Agreement if the Responsible Person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable.

            C.        Other Remedies. If the Enforcement Officer and the Responsible Person cannot agree to terms for correcting or abating the nuisance, the Enforcement Officer may abate the nuisance using one or more of the procedures set forth in this ordinance, state law, or common law.

8.20.130          Violation – Criminal Citation/Action.

            A.        Nuisance Declared Criminal Violation and Unlawful. It shall be unlawful for any person to cause, permit, maintain, or allow the creation or maintenance of a nuisance. Whoever violates any provision of Chapter 8.20 shall be guilty of a Class B misdemeanor. Any violation shall constitute a separate offense on each successive day continued. Any person who knowingly obstructs, impedes, or interferes with (1) the County or its agents, (2) the Responsible Person in the performance of duties imposed by this ordinance, (3) a decision and Order issued by the Hearing Officer or judge, or (4) a Voluntary Correction Agreement, is guilty of a Class B misdemeanor. The penalty for a Class B misdemeanor includes a maximum fine of one thousand dollars and/or six months in jail. The Sheriff’s Department or an Enforcement Officer (if a duly commissioned peace officer of the County), may issue a criminal citation for violations of this Chapter.

            B.        Criminal Citation/Action. Criminal actions may be initiated by the Sheriff’s Department or the Enforcement Officer (if a duly commissioned peace officer of the County) by issuing a criminal citation or by the County Attorney’s Office by filing an Information.

8.20.140          Violation – Administrative Citation.

            A.        Administrative Citation. When the Enforcement Officer has probable cause to believe a nuisance exists, the Enforcement Officer may issue an administrative citation to the Responsible Person. The administrative citation shall include the following:

                        1.         The name and address of the Responsible Person;

                        2.         The location of the nuisance;

                        3.         A description of the nuisance;

                        4.         The amount of the monetary fine, as specified in Section 8.20.160;

                        5.         The date that abatement is required (Completion Date) and a notice that the County may abate the nuisance in accordance with Section 8.20.150;

                        6.         The time for appealing the administrative citation to the Hearing Officer and the procedure for filing an appeal;

                        7.         A statement indicating that no additional monetary fine will be assessed if the Enforcement Officer approves the completed, required corrective action prior to the Completion Date;

                        8.         A statement that the Sheriff’s Department or Enforcement Officer (if a duly commissioned peace officer of the County), may issue a criminal citation if the correction is not completed before the Completion Date; and

                        9.         A statement that the County may pursue any and all other legal remedies, including prosecution, if the correction is not completed before the Completion Date.

            B.        Service of Administrative Citation. The Sheriff or Enforcement Officer shall serve the administrative citation upon the Responsible Person, either personally or by mailing, certified, return receipt requested, at his/her last known address as shown on the current County records. If the Responsible Person cannot, after due diligence, be personally served within Iron County and if an address for mailed service cannot, after due diligence, be ascertained, notice shall be served by posting a copy of the administrative citation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effectuating the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing that due diligence was used in attempting to serve by person and by mail.

            C.        No Extension of Time. No extension of the time specified in the administrative citation for correction of the nuisance may be granted, except by order of the Hearing Officer.

8.20.150          Abatement by County.

            A.        Abatement. When a Responsible Person fails to comply with the Notice of Abatement, the terms of a Voluntary Correction Agreement, an administrative citation, an order of the Hearing Officer, criminal citation, or court order, the Enforcement Officer is authorized to employ necessary assistance and cause that such nuisance be destroyed or removed. The Enforcement Officer shall prepare an itemized statement of all expenses incurred in the removal and destruction of the same and shall mail a copy thereof to the Responsible Person demanding payment within sixty (60) days of the date of mailing. Such notice shall be deemed to be delivered when served upon the Responsible Person or when mailed by registered mail and addressed to the last known address of the Responsible Person.

            B.        Emergency Abatement. Whenever a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety, or welfare or to the environment, the County may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the Responsible Person as soon as reasonably possible after the abatement.

            C.        Entering onto Property. Using any lawful means, the County may enter upon the subject property and may remove or correct the condition which is subject to abatement. The County may seek, but is not required to seek, such judicial process as it deems necessary to effect the removal or correction of such condition.

            D.        Confiscation of Property. During an abatement proceeding, any personal property constituting a nuisance, as defined by this Chapter, may be confiscated as part of the abatement process. Any property that has been confiscated by the County as part of an abatement will be held pending the resolution of the nuisance. The owner of the abated property may recover the property upon showing that the nuisance has been corrected or that substantial efforts, as determined by the Enforcement Officer, have been made to correct the nuisance. The property owner shall pay the cost of storage of the property. If, after 90 days of the property being confiscated, the property owner fails to claim the confiscated property, and after the County complies with the requirements of U.C.A. § 77-24a-5 (as currently amended), the County may dispose of the property, including sale at auction, disposal, etc., and seek to collect the cost of storage from the property owner. The County may also pursue any other remedies as provided by law.

            E.        Costs Declared Lien. Any and all costs incurred by the County in the abatement of a nuisance under the provisions of this Chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven, and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.

            F.        County Not Civilly Liable. Neither the County, nor its officers or agents or employees, shall be civilly liable to any Responsible Person for the abatement of a nuisance.

8.20.160          Monetary Fines.

            In the case that an administrative citation is issued or a Voluntary Correction Agreement is entered into, the Responsible Person shall pay the County a monetary fine for each day the nuisance continues after the Completion Date. The nuisance shall be considered to continue until the Enforcement Officer approves the Responsible Person’s action(s) to correct or abate the nuisance. The amount of the monetary fine shall be as follows:

A.        A fine not to exceed a maximum of One Hundred Dollars ($100.00) per week for each week that the nuisance remains uncorrected or unabated after the Completion Date as stated in the Voluntary Correction Agreement. The Hearing Officer may set a fine in the amount of zero dollars ($0);

B.        A fine not to exceed a maximum of Two Hundred Dollars ($200.00) per week the nuisance is uncorrected or unabated according to the terms set forth in the administrative citation. The Hearing Officer may set a fine in the amount of zero dollars ($0).

C.        Upon notification by the Responsible Person or his/her designee that the agreed-upon abatement is complete, all fines (if any) shall cease the following day after notification is received. An Enforcement Officer shall inspect and pass it off as completed, and if not completed fines shall continue to accrue in accordance with this Section.

D.        The monetary fine shall be cumulative and may not be waived by the Enforcement Officer. Payment of a monetary fine pursuant to this section does not relieve the Responsible Person from the duty to abate the nuisance as required by the Voluntary Correction Agreement or the administrative citation. The monetary fine constitutes a personal obligation of the Responsible Person. Any monetary fine assessed must be paid to the County within thirty (30) calendar days from the date of mailing of a notice from the County that the fine is due.

E.        The County Attorney’s Office is authorized to take appropriate action to negotiate the amount of the monetary fine, collect the monetary fine, determine the time period in which the fine shall be paid, and take any other action necessary to resolve the fine. In determining the time period in which to pay, the County Attorney’s Office may take into consideration the number of days between the required completion date and the actual completion date, the input of the Enforcement Officer, the cooperation of the Responsible Person, etc.

F.        The County may also seek to collect reasonable attorney’s fees and costs incurred in collecting the monetary fine where allowed by law.

G.        The incurrence of monetary fines under this Section shall not limit the available remedies of the Enforcement Officer or the County Attorney’s Office under this Chapter.

8.20.170          Civil Actions.

            Either the County or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this ordinance or pursuant to State law.

8.20.180          Abatement by Eviction.

            Pursuant to U.C.A. §§ 78-38-10 and 78-38-11 (as currently amended), whenever there is reason to believe that a nuisance under U.C.A. §§ 78-38-9 through 78-38-16 (as currently amended) is kept, maintained, or exists in Iron County, the County Attorney, any citizen or citizens of the state residing in the County, or any corporation, partnership, or business doing business in the County, in his or her or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant. 

8.20.190          Non-exclusive Remedies.

            The County may take any or all of the above mentioned remedies (administrative, civil, or criminal) to abate a nuisance and/or to punish any person or entity that creates, causes, or allows a nuisance to exist. The abatement of a nuisance does not prejudice the right of the County or any person to recover damages or penalties for its past existence.

8.20.200          Appeals.

            A.        Grounds. Any person receiving an administrative citation may appeal the citation to the Hearing Officer. Only the following issues may be appealed to the Hearing Officer.

1.         The person charged in the administrative citation as the Responsible Person, is not the Responsible Person as defined by this ordinance.

2.         The condition described as a nuisance in the administrative citation is not a nuisance as defined by this ordinance.

3.         The method required by the administrative citation to abate the nuisance is inappropriate or is not the most cost-effective method of effectively correcting or abating the nuisance.

4.         The time period given to abate the nuisance in the administrative citation is unreasonable.

5.         The Enforcement Officer refused to approve a corrective action that met the requirements of the administrative citation.

6.         The Responsible Person claims that the requirement(s) of the administrative citation violates his/her constitutional rights.

            B.        Filing. The person desiring to appeal the administrative citation must file a Notice of Appeal at the County Sheriff’s Department within ten (10) days of being served with the administrative citation or within fifteen (15) days of the mailing date if the administrative citation is mailed.

                        1.         The Notice of Appeal shall clearly and concisely set forth all the reasons for the appeal. The Hearing Officer shall examine the Notice of Appeal to determine whether a valid appeal has been stated. If the appellant has not stated a valid cause for appeal as set forth in Section 8.20.200A, or if the appellant has failed to show by a preponderance of the evidence, that he/she has an appealable issue, the appeal shall be denied and no hearing shall be held.

                        2.         If the appellant has not shown due diligence and/or substantial progress in correcting the nuisance or has made no attempt to correct the nuisance, the filing of an appeal will not stop the accrual of the fines.

                        3.         If the appellant has filed an appeal, the filing of such appeal will not prevent law enforcement officers from responding to the property on reports of new nuisance violations.

C.        Hearing. The hearing before the Hearing Officer shall be informal and proceed

according to rules and procedures established by the Hearing Officer. The appellant may, but is not required to, bring an attorney or other representative to assist him or her. The appellant and the Enforcement Officer may each call witnesses at the hearing. The Hearing Officer may, with or without the parties present, visit the site of the alleged nuisance. If the Hearing Officer allows one party to be present at the site visit, the Hearing Officer must allow the other party to be present. The Hearing Officer shall schedule the hearing within thirty (30) days of when the Notice of Appeal is filed with the County. The County Attorney, or his or her designee, shall be present for the hearing and act as legal adviser for the Hearing Officer.

D.        Burden of Proof. In appellant’s Notice of Appeal, the appellant shall have the

initial burden of proof to demonstrate by a preponderance of the evidence that he/she has stated a legitimate grounds for an appeal based upon reasons as set forth in Section 8.20.200A. If the appellant has timely filed his/her appeal and a hearing has been scheduled, the burden then shifts to the County to show by a preponderance of the evidence that the action taken was appropriate.

            E.        Authority of Hearing Officer. The Hearing Officer shall have authority to affirm or vacate the administrative citation or to modify or waive specific provisions of the citation. If the appellant fails to attend the hearing, the Hearing Officer shall affirm the citation. The Hearing Officer shall not vacate the citation unless he/she finds that the County has not met its burden of proof. The Hearing Officer shall modify the administrative citation if he/she finds that a nuisance exists, but that one or more of the requirements of the administrative citation is improper or inappropriate. A requirement is improper if it is contrary to this ordinance. A requirement is inappropriate if the Hearing Officer finds that there is a better means of resolving the problem or that the proposed solution is inappropriate given the nature or severity of the problem. When determining whether to waive or modify a requirement of the administrative citation, the Hearing Officer may also consider:

1.         Whether the appellant responded to the Enforcement Officer’s attempts to contact the appellant and cooperated with efforts to correct the nuisance;

2.         Whether the appellant has shown due diligence and/or substantial progress in correcting the nuisance;

3.         The financial ability of the appellant and the amount, if any, that the appellant has benefitted financially by maintaining the nuisance; and

4.         Any other relevant factors.

If the appellant appeals the Enforcement Officer’s refusal to approve appellant’s corrective action, the Hearing Officer shall visit the site and determine if the appellant complied with the requirements of the administrative citation.

             F.        Factors to Be Considered When Determining Appropriate Fine Amount. When

the Hearing Officer is assessing a monetary penalty pursuant to Section 8.20.160, the Hearing

Officer shall consider the following factors:

            1.         The responsible parties’ financial circumstances, as verified to the community officer by the responsible party;

            2.         The responsible parties physical ability to abate the nuisance as verified by either the community officer or the responsible party.

            3.         The responsible parties mental ability to comprehend the scope of the nuisance and abate the nuisance.

            G.        Order. The Hearing Officer shall issue a written Order to the appellant and the

County notifying them of his/her decision. The Order shall include the Hearing Officer’ findings

of fact and ultimate decision. If the Hearing Officer modifies or waives provisions of the

administrative citation, the Order shall specify which portions are modified and how they are

modified. The Hearing Officer shall mail a copy of the Order to the appellant and the County

within five (5) working days of the close of the hearing.

A.        Appeal to District Court. Either the County or the appellant may appeal the

Hearing Officer’s Order by filing a petition for review of the Order. The petition must be filed in District Court within thirty (30) calendar days from the date the Hearing Officer’s Order was mailed to the appellant. In the petition, the plaintiff may only allege that the Hearing Officer’s order was arbitrary, an abuse of discretion, capricious, or illegal. The Hearing Officer shall transmit to the reviewing court the record of its proceedings, including any minutes, findings, orders, and, if available a true and correct transcript of its proceedings. If, in the opinion of the District Court, there is a sufficient record to review the Hearing Officer’s Order, the Court’s review is limited to the record provided by the Hearing Officer. The District Court may not accept or consider any evidence outside of the Hearing Officer’s record unless the evidence was offered to the Hearing Officer and the Court determines that it was improperly excluded by the Hearing Officer. If, in the opinion of the District Court, there is not a sufficient record to review the Hearing Officer’s Order, the Court may call witnesses and take evidence. No petition or appeal may be filed in District Court unless the Responsible Person first appeals to the Hearing Officer pursuant to the terms set forth in this ordinance

8.20.210          Severability Clause.

            Should a court of competent jurisdiction hold any portion of this Chapter or the application of any provision of this Chapter to any person or circumstance invalid, then: (1) the invalid portion or application shall be severed; and (2) the remainder of this Chapter shall remain in effect without the invalid portion or application.

8.20.220          Enforcement of nuisances found elsewhere in County Ordinance.

            Any activity or condition that is defined as a nuisance anywhere in Iron County ordinances shall be abated in accordance with the procedures set forth in this Chapter.

SECTION 2 – SEVERABILITY

            If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.

SECTION 3 – AMENDMENT OF CONFLICTING ORDINANCES

            To the extent that any ordinances, resolutions, or policies of Iron County conflict with the provisions of this ordinance, they are hereby amended to comply with the provisions hereof.

SECTION 4 – EFFECTIVE DATE

            Because this ordinance is necessary for the preservation of the health and safety of Iron County inhabitants, this ordinance shall take effect immediately upon its passage by a majority vote of the Iron County Board of County Commissioners and upon notice and publication as required by Utah Code Annotated § 17-53-208(6).

PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 14^th day of May , 2007.

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        IRON COUNTY, UTAH

                                                                 By:  

                                                                        Wayne Smith, Chairman

ATTEST:

David I. Yardley, County Clerk

VOTING:

Wayne Smith               Aye              

Lois Bulloch                Aye  

Alma Adams               Aye  

PATROL VEHICLES DIGITAL VIDEO CAMERA PURCHASE :

            Mark Gower, Iron County Sheriff, met with the Commission to request approval to purchase seven digital video cameras for patrol vehicles to replace aging VCR units. Sheriff Gower explained that the digital cameras were more secure and produced a superior recording to the VCR’s. He requested that funds generated from Traffic School be directed to the purchase. Estimated cost of the seven cameras is $34,265.00.

            Alma Adams made a motion to approve an amendment to the Sheriff’s budget to purchase seven cameras as requested. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

BOARD APPOINTMENTS :

            Central Iron County Water Conservancy Board: Upon recommendations received, the Commission appointed Ronald Chandler and Rick Bonzo to the Central Iron County Water Conservancy Board to replace Steve Platt and Justin Wayment on motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

DORRITY PROPERTY DISCUSSION :

            Progress with cleanup of the Dorrity property was discussed. Because of the time to clean the area and because of vandalism in the area, the Commission requested the County Attorney’s Office to draft a letter requesting Dorrity’s to vacate the property. The County will proceed with cleanup and place the area into a beneficial use.

911 GRANT APPLICATION :

            Lois Bulloch made a motion to approve a County 911 grant application to upgrade 911 service into the dispatch center. The Grant will be considered by the State 911 committee. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

APPROVAL OF WARRANTS & ADJOURN :

            After the bills were reviewed and approved or rejected, the meeting was adjourned at 4:30 p.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

Signed: Wayne A. Smith, Chairman

Attest: David I. Yardley

County Clerk