Minutes of the Iron County Commission meeting held April 23, 2007 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

DEPARTMENT OFFICIALS REPORTS :

Alan Wade discussed the ability to accept credit card payments at the landfill. The Commission approved the installation of necessary equipment to accept credit card payments at the landfill. Alan also discussed asbestos training for himself and employees to allow for proper handling and disposal at the landfill. It will also provide the necessary training to inspect existing homes or mobile homes for asbestos before authorizing disposal in the landfill.

Charlie Morris discussed recreation area and suggested that an additional pavilion be constructed at Woods Ranch to accommodate the increased use of the area. Additional rest room facilities are now in place at Three Peaks and the Three Peaks area is receiving heavy ATV use.

Ron Johnson reported that the Safety Committee is requesting that all County employees be trained in first aid and CPR. Training will be conducted in four hour blocks. The Commission approved of the training and authorized all Departments to allow employees to attend the training. Ron also reported that calls for service in the Ambulance Department are running ahead of last year. To this time nearly 1,000 calls for service have been received.

Dennis Johnson reported that high definition TV is coming on line on most County TV sites. The County is also in the process of building a TV building and tower to serve southwest Utah at the Levan Peak site. It is anticipated that the building will be complete and service transferred from the existing building being operated by Sevier County by the end of the summer.

Neil Forsyth reported that spring road maintenance is about 70% complete and should be fully complete within two weeks. The road department plans to start chip sealing roads about June 11.

Steve Platt reported on flooding issues in Kanarraville, Parowan and Cedar City. Flood channel maintenance and bank stabilization are being completed and several structures are being repaired. A grant from NRCS to design flood control in Cedar Valley is nearing completion and construction will be completed with additional grant funds.

Reed Erickson discussed impact fees for property owners along proposed transportation corridors. He also discussed issues with property owners not willing to donate right of way compared to donations and costs associated with access to properties.

PUBLIC HEARING ZONE CHANGE :

Alma Adams made a motion to open a public hearing to receive comments on a proposed zone change from A-20 to R-5 within Section 3, T35S, R11W. Requested by Jordan & Lana Smith, et al. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

Chad Nay reported that the proposed zone change is located on 1700 West in Cedar Valley and is adjacent to an existing R-5 zone in Enoch Valley Ranchos Subdivision. The Planning Commission recommended that the zone change including two additional parcels be approved as an R-5 zone.

After all public comments were received, Lois Bulloch made a motion to close the public hearing and to approve the zone change as requested from A-20 to R-5. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

PUBLIC HEARING TIER CHANGE :

Lois Bulloch made a motion to open a public hearing regarding a proposed tier change from Tier 4 to Tier 3 - located in the Newcastle area within Section 20, T36S, R15W. Requested by Bob Holt. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

Chad Nay explained that this proposed change is adjacent to Newcastle, a future municipality and would be developed into a housing area in compliance with the General Plan. The Planning Commission has reviewed the request and has recommended approval by a majority vote.

Mr. Holt explained that this is proposed to allow for affordable housing development within the Newcastle area. Water service will be provided from Newcastle Water Company.

After all public comments were received, Lois Bulloch made a motion to close the hearing and to approve the proposed Tier change from Tier 4 to Tier 3 on 160 acres within Section 20, T36S, R15W. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

GENERAL PLAN AMENDMENT :

Reed Erickson reviewed proposals for Tier II (Urban Expansion Area) and Tier IV boundary modifications to comply with existing proposed annexation areas surrounding municipalities. Maps of the proposed changes were presented for each municipality sowing growth areas and proposed changes. The Planning Commission has reviewed the proposed maps and has recommended approval of the changes.

Lois Bulloch made a motion to approve the Tier change boundary modification as recommended by the Planning Commission. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

VALLEY VIEW MEDICAL CENTER :

Jason Wilson, Valley View Administrator, Ethan Shumway and Reed Sargent, Valley View Employees, met with the Commission to report on Hospital services and the upcoming expansion project.

Wayne Smith noted that he is on the Board of Directors of Valley View Medical Center and any action by the Commission could be a possible conflict of interest. Wayne also noted that a Commissioner does not sit on the hospital board because of their association with the County Commission.

Mr. Wilson reported that Valley View currently employees 400 people. The Cancer treatment center has now been open nearly one year and currently treats about eight patients per day. Other improvements in service include Level 2 nursery care; ability to accommodate back surgery; an Insta Care facility; and a new CT Scanner. The hospital is planning a two story, 5,000 sf expansion for imaging services and a remodel of the food service area.

The Commission thanked Mr. Wilson, Mr. Shumway and Mr. Sargent for their report and the work Valley View is doing to enhance health care in Iron County.

PRAIRIE DOG TAKE REQUEST :

Robert B. Platt, Platt & Platt, Inc. reported to the Commission on a project which was started between Spirit Fitness and Sunbow Subdivision which was cleared of prairie dogs. Because construction on roads was not started before April 1, a new survey was conducted which found prairie dogs on the parcel, located within a proposed roadway. Mr. Platt questioned if there was a way to clear a portion of the property to allow construction to continue on the project.

The developer of Cedar Meadows subdivision also explained a problem with the development of Phase 7 of Cedar Meadows in which the area had prairie dogs, then was cleared, the prairie dogs have now reappeared and are located in an area master planned for a sewer line and road. The installation of the sewer is critical to the project, the road could wait for permanent take at a later date.

The two representatives requested non permanent take to allow construction to proceed on the projects and permanent take would be applied for as it becomes available.

Lois Bulloch made a motion to approve non permanent take of prairie dogs on the two projects provided approval can be gained from all of the administrative agencies of the HCP. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

A meeting was also arranged with Doug Messerly and Keith Day, DWR, to meet with the two developers and Commissioner Smith to see if a resolution can be reached .

SUPPORT OF ESCALANTE VALLEY WATER MANAGEMENT PLAN :

LaDel Laub, Bob Holt, and Mike Brown, Escalante Valley Water Users Association met with the Commission to request support of a plan to reduce water use in the Escalante Valley for agriculture from 4.0 acre feet per year to a five year average of 3.2 acre feet. The plan has the unanimous support of all of the agricultural users in the valley. The plan would also reduce acreage use by 10% over a 40 year period with farmers receiving just compensation for withdrawn acreage. A financing plan with local participation was outlined.

Senator Dennis Stowell expressed concern that acreage reduction be done with appropriate soil conservation practices to avoid the creation of a “dust bowl” situation.

Lois Bulloch made a motion to authorize a letter of support for the proposed Escalante Valley Water Users Association to the State Engineer. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

RESOLUTION 2007-5 UNINCORPORATED COUNTY SERVICE DISTRICT #2 :

Reed Erickson introduced a proposed resolution to authorize initiating proceedings to establish an unincorporated service area to provide funding of municipal type services in the unincorporated areas of the County. The procedure would be that the resolution will be published three times in a local newspaper as prescribed by Utah Code. A public hearing will be scheduled for June 11 to receive comments on the proposed district.

Lois Bulloch made a motion to adopt Iron County Resolution 2007-5 and to authorize publication as required. Second by Wayne Smith. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

IRON COUNTY RESOLUTION NO. 2007-5

Date: May 14, 2007

A RESOLUTION OF THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH, INITIATING PROCEEDINGS FOR THE CREATION AND ESTABLISHMENT OF AN UNINCORPORATED AREA SERVICES DISTRICT WITHIN IRON COUNTY; DESCRIBING THE BOUNDARIES THEREOF; SPECIFYING THE TYPES OF SERVICES TO BE PROVIDED WITHIN SAID DISTRICT; PROVIDING FOR A NOTICE OF INTENTION OF THE COUNTY TO ESTABLISH SAID DISTRICT; CALLING A PUBLIC HEARING ON THE PROPOSAL TO CREATE THE DISTRICT; AND PRESCRIBING OTHER MATTERS AND DETAILS RELATING TO THE CREATION AND ESTABLISHMENT OF AN UNINCORPORATED AREA SERVICES DISTRICT.

BE IT KNOWN AND REMEMBERED:

THAT, the Board of County Commissioners of Iron County (the Board), hereby finds, determines and declares that the public health, convenience and necessity requires the establishment of an unincorporated area services district within Iron County (the County) for the purpose of providing essential governmental functions and services to County residents living in the unincorporated area of the County, which functions and services shall be paid for only by the residents of said unincorporated area, and,

THAT, to accomplish the foregoing purpose the Board proposes to create an unincorporated area services district within the County, the territory and jurisdiction of which shall be described herein and which shall be exclusive of the territory of each and all of the incorporated cities and towns in the County, as permitted by and in accordance with the provisions of Title 17, Chapter 34, U.C.A., 1953, entitled “Municipal-Type Services to Unincorporated Areas Act” (the Act),

THEREFORE, the Board of County Commissioners of the County of Iron, RESOLVES as follows:

1. An unincorporated area services district is hereby proposed to be established in the unincorporated area of Iron County, which, upon establishment, shall be named and known as Iron County Unincorporated Area Services District No.2 (herein called the District).

2. The proposed District shall include the territory and area of Iron County as described below and which is not incorporated as a city or town.

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).