Parowan

(1) Protects public health and safety. (2) Fosters neighborhood stability. (3) Preserves the appearance, character, and beauty of neighborhoods. (4) Reflects community pride and caring. (5) Protects the general welfare of its citizens.

It is further the purpose of this Chapter to establish a means whereby Parowan City may designate and regulate the abatement of injurious and noxious weeds, garbage, refuse or any unsightly or deleterious objects or structures. 7-1-2. Inspection and Administration. For purposes of administration of this Chapter, the City Fire Department and /or City Police and the employees thereof as directed under the Fire Chief or the Police Chief are hereby appointed as the City Inspectors for the purpose of carrying out the provisions of this Chapter.

7-1-3. Definitions. The following definitions shall apply to this Chapter: (1) Garbage shall include and mean kitchen and table refuse, leavings and offal, swill, and also every accumulation of animal and vegetable and other matter that attends the preparation, consumption, decay of, or dealing in or storage of meats, fish, fowls, fruits, and vegetables. (2) Waste and waste matter shall include and be held to mean crockery, bottles, tin cans, metal vessels, trimmings from lawn and gardens, pasteboard boxes, rags, paper, straw, sawdust, ashes and similar materials.

7-1-4. Waste Disposal Service. The City shall provide a disposal service for all garbage and waste from the premises of residences and businesses within the City. Such service will be at such intervals and times as the City Council shall from time to time determine and provide by appropriate resolutions. A fee may be charged for such service by the City and the amount thereof shall be set from time to time by the City Council. The fee shall be billed to residents and business occupants of the City with the regular billing for water, electricity, and sewer service. The amount of the fee may be different for different classes of users of the service depending on the estimated amount of refuse to be received from such class of user. The City may contract with any person, partnership, or corporation to gather, collect, haul, and dispose of refuse.

7-1-5. Presumption that All Citizens Use Waste Disposal Service.

a) It shall be presumed that the occupants of all premises or dwellings in the City are utilizing the waste disposal service unless they make an application to and receive a permit from the City Recorder to remove their own garbage and waste matter. All persons receiving other utility services from the City shall be billed for the waste disposal service unless they have received such a permit.

b) If any person, residence or business who is presumed to be utilizing the waste disposal service provided by the City and who has not applied for and received a permit as provided in subparagraph (a) above fails or refuses to pay for said waste disposal services the City may discontinue all other utility services to said person, residence or business. Said utility service need not be restored until the entire amount past due has been paid.

c) The City Council may, by resolution, require the posting of a deposit of not more than $50.00 before restoring utility service to any person, residence, or business where utility service was discontinued pursuant to this Title. Said deposit shall be refunded upon discontinuance of waste disposal and all billings have been paid in full. d) These provisions shall not be constructed as limiting any other legal remedy which the City of Parowan might pursue.

7-1-6. Waste to be Dumped Only in Lawful Places. No person, firm, or corporation shall, for the purpose of final disposal thereof, dump, place, or bury, or cause to be dumped, or placed, or buried, in any lot, street, land, alley, or in any water or waterway or within the City, any garbage, or waste matter, or any other refuse or deleterious or offensive substances. All garbage waste matter, and said substances shall be disposed of only at the City waste dump or other dump designated as such by a governmental agency.

7-1-7. Spilling Garbage Unlawful. a) It shall be unlawful for any person engaged in hauling garbage, waste matter, manure, rubbish, or other refuse or waste material of any kind, to permit, allow, or cause any of said matter to fall and remain in the streets.

b) It shall be unlawful for any person to suffer, permit, or allow any vehicle loaded with garbage, waste matter, manure, rubbish, or other refuse or waste material of any kind, to be or remain standing upon any public street within the City any longer than is necessary for the purpose of loading and transporting the same.

7-1-8. Accumulation of Garbage and Waste. No person owning or occupying any building, lot, or premises in the City shall suffer, allow, or permit to collect and remain upon said lot or premises any garbage for a period of more than one week, or any waste matter for a period of more than two weeks.

7-1-9. Burning Garbage Unlawful. It shall be unlawful to burn any garbage or waste material or other refuse that emits any noxious or objectionable odors into the air.

7-1-10. Liquid Garbage. No liquid garbage shall be deposited with any other garbage or other waste matter. All kitchen garbage shall be drained of all moisture and completely wrapped in paper before being placed in the garbage container. 7-1-11. Garbage Receptacle Required. Every owner lessee or occupant of any building, residence or business shall provide or cause to be provided and at all times kept at such residence, building or business, suitable and approved garbage receptacles either metallic or plastic, to hold all garbage and waste matter from the residence or business which may accumulate. Such receptacles shall have an approved cover and shall be securely enclosed when placed on the public street for collection, and shall, when emptied, be promptly removed from the street.

7-1-12. Garbage Receptacles Must be Clean. All garbage and waste matter receptacles shall be kept in a clean and sanitary condition by the owner or person using the same and shall at all times be proof against access by flies to the contents thereof.

7-1-13. Construction Site Sanitation and Debris Control. No construction of any type shall be permitted within the City unless adequate sanitary facilities are provided at the job site and available at all times that workmen are present. Such sanitary facilities shall be available within 350 feet of any construction area, and in the event such facilities are already so located, the contractor shall have written consent for use of the same for workmen on the job.

No construction of any type shall be permitted within the City unless a bin, receptacle or other adequate enclosure is provided for the disposal of garbage, waste and construction debris of all types. Such bin, receptacle or enclosure shall be considered adequate only if it is able to fully protect its contents from being scattered or disbursed by the wind or otherwise. It shall be unlawful to dispose of any construction debris or waste at the county station near Parowan. Burning at a construction site shall be unlawful unless expressly made the subject of a permit by the City Fire Chief.

7-1-14. Notice to Property Owners. It shall be the duty of the City inspectors to make careful examination and investigation as may be provided hereunder for the growth and spread of injuries and noxious weeds, and of garbage, refuse or unsightly or deleterious objects or structures; and it shall be the inspectors duty to ascertain the names of the owners and the descriptions of the premises where such weeds, garbage, refuse, objects or structures exist and to serve notice in writing upon the owner and/or occupant of such land, either personally or by mailing notice, postage prepaid, addressed to the owner or occupant at the last known post office address as disclosed by the records of the county assessor, requiring such owner or occupant, as the case may be, to eradicate, or destroy and remove, the same within such time as the inspector may designate, which shall not be less than ten (10) days from the date of service of such notice. One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that calendar year. The inspectors shall make proof of service of such notice under oath, in the manner hereinafter set forth.

7-1-15. Proof of Service and Election Remedy.

a) In the event that the property owner is a resident or can be adequately served in Iron County, both notice of abatement and subsequent legal action shall be through the appropriate court system. b) In the event the owner of the property cannot be adequately served within Iron County or in the event that he resides outside of Iron County, the inspector shall refer the matter to the county treasurer for inclusion in the tax notice of the property owner, including all costs associated both with the abatement of the nuisance in the manner anticipated by this chapter together with administrative expenses in the manner hereafter described.

7-1-16. Failure to Comply- Removal of Nuisance. The accumulation of injurious or noxious weeds, garbage, excess pet food, refuse or unsightly or deleterious objects or structures when such constitute either a health hazard, a present danger to the citizens of the City, a potential source of contagious disease, a harborage for rats or other rodents, or other carriers of disease , a fire hazard or an attractive nuisance likely to cause damage to small children is hereby declared to be a nuisance, unlawful and shall be abated as herein provided, or under the general nuisance sections of the Parowan City Code or other ordinances of the City or statutes of the State, or by a criminal prosecution initiated by the City Attorney.

7-1-17. Violations - Remedies.

(1) It shall be a Class B Misdemeanor violation for any owner or occupant of lands described in the notice herein above referred to fail or neglect to conform to the requirements hereof relating to the eradication or destruction or removal of accumulated weeds, garbage, refuse, objects or structures punishable both by the imposition of civil remedies as herein described and by criminal sanctions.

(2) In the event of failure of the owner or occupant of lands to comply with the notice duly given, it shall be the duty of the inspector at the expense of the municipality to employ necessary assistance and cause such weeds, garbage, refuse, objects, or, in the case of a structure to be removed, destroyed, repaired or secured, so as to remedy the hazard or nuisance. He 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 owner demanding payment within twenty (20) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail addressed to the property owner's last known address.

a) In the event the owner is a resident or can be served within the County and he fails to make payment of the amount set forth in the statement to the municipal treasurer within twenty (20) days, the inspector on behalf of the municipality may cause suit to be brought in an appropriate court of law.

b) In the event the owner is not serve able or is not a resident within the County, the inspector shall refer the matter to the county treasurer for inclusion in the tax notice of the property owner. The inspector shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of the same and shall deliver the three (3) copies of the said statement to the county treasurer within ten (10) days after completion of the work of removing such weeds, garbage, refuse, objects or structures in the manner set forth in sections 10-11-3 and 10-11-4, Utah Code, as amended.

(3) In either event the amount to be collected with an administrative fee of one hundred dollars ($100.00), together with costs of court and reasonable attorney's fees and interest accrued shall constitute a civil debt owed by the defendant to the municipality. 7-1-18. Construction of Chapter. Nothing herein shall be construed to prohibit enforcement through the zoning code or any applicable nuisance or statue, nor shall the imposition of any criminal sanction inhibit or prevent the imposition of civil remedies provided for hereunder.

Chapter 2 -- NUISANCES Section 7-2-1. Declaration of Nuisances Section 7-2-2. Author of Nuisance Defined Section 7-2-3. Nuisance Defined Section 7-2-4. Attractive Nuisances Section 7-2-5. Duty and Power of Police Department Section 7-2-6. Notice to Abate Nuisance Section 7-2-7. Refusal to Abate Nuisance Section 7-2-8. Penalty

7-2-1. Declaration of Nuisance. It shall be unlawful and declared a public nuisance for any person owning, renting, leasing, occupying, or having charge or possession of any property in the City of allow any of the following conditions to exist on such property:

(1) A condition that causes visual blights, its offensive to the senses, creates as harborage for rodents or pests, or detrimentally affects property in the surrounding neighborhood or community.

(2) A condition that impairs the reasonable and lawful use of property.

(3) A condition that unreasonably or unlawfully affects the health or safety of one or more persons.

(4) A fire hazard as defined in the Uniform Fire Code.

(5) Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders. (6) Noxious weeds located on vacant lots or other property, along public sidewalks or outer edge of any public street, or weeds in any other location which constitutes an unreasonable fire hazard or is contrary to the purpose of this Chapter.

(7) Keeping or storing of any refuse and waste matter which interferes with the reasonable enjoyment of nearby property.

(8) Polluted or stagnant water which constitutes an unhealthy or unsafe condition.

(9) Accumulation of soil, litter, debris, plant trimmings, or trash, on sidewalks, in vestibules, doorways, passages, breeze ways, parking areas or any public right-of-way or alley.

(10) Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment

stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal non- commercial use on the premises.

(11) Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, ponds, abandoned foundations or excavations, or improperly maintained pools.

(12) Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.

(13) Any front yard or streets side yard area which causes excessive dust due to non- maintenance or other cause, or which contains the accumulation of debris.

(14) The keeping, storing, depositing or accumulating on the premises or in the public right- of-way for an unreasonable period of time dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights-of-way.

(15) The leaving of any garbage can or refuse container in the street, other than on collection day, for more than 24 hours after collection day.

(16) Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from 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. (17) Improper maintenance of a sign; or signs which advertise a business that is no longer operating on the property or advertising a product that is no longer sold on the property.

(18) Improper storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles or vehicle parts, including recreational vehicles. All inoperative vehicles located within a residential or commercial zone must be stored out of public view and within an enclosed fence or other edifice. No commercial business shall store inoperative motor vehicles for purposes of stripping and retailing used parts or otherwise exist as a junkyard without first obtaining a conditional use permit.

(19) Any wall, signs, fence, gate, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.

(20) Graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from a public street.

(21) Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:

a) Any building or structure which is unfit for human habitation, in the vicinity where it is located;

b) Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of Parowan City Code, or any use of land, buildings or premises in violation of Title 24, Parowan City Zoning Code;

c) Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An "unreasonable state of partial construction" is defined as any unfinished building or structure where the appearance or other conditions violate conditions as listed in subsection (1) above;

d) Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair.

e) Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass;

f) Building exteriors, walls, fences, gated, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to violate subsection (1) above; and

g) Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by Parowan City.

(22) Any violation of the Parowan City Code expressly declared to be a public nuisance.

7-2-2. Author of Nuisance Defined. When a nuisance exists upon property, and is the outgrowth of the usual, natural, or necessary use of the property, the landlord thereof, or his agent, the tenant, or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be authors thereof, and shall be equally liable therefor; but where such nuisance shall arise from the unusual or unnecessary use to which such property may be put, or from business thereon conducted, then the occupants, and all other persons contributing to the contrivance of such nuisance shall be deemed the authors thereof. All authors of nuisances as defined in this section are subject to the penalty provided in this chapter.

7-2-3. Nuisance Defined. A nuisance is a crime against the order and economy of the City and consists in unlawfully doing any act, or committing to perform any duty, with act or omission either: (1) annoys, injures, or endangers; the comfort, repose, health, or safety of three or more persons; or (2) offends public decency; or (3) unlawfully interferes with, obstructs, or tends to obstruct, or renders property dangerous for passage or public use. An act which affects three or more persons in any of the ways above specified is not less a nuisance because the extend of the annoyance or damage inflicted on individuals is unequal.

7-2-4. Attractive Nuisance. It shall be unlawful to cause, create, maintain, or otherwise be the author of an attractive nuisance within the City. An attractive nuisance is any vacant lot or open area within which any of the following conditions occur and to which the public, and particularly children, have access: (1) ponding or impounding of water; (2) open pits, shafts, caves, or dilapidated non-occupied buildings: or (3) trash, debris, or machinery; or (4) large piles of loose sand, soil or rocks suitable for tunneling or digging by children.

7-2-5. Duty and Power of Police Department. It shall be the duty of the Police Department to ascertain and cause all nuisance declared to be such in this chapter and coming within its jurisdiction to be abated, and the Police Department shall have authority in the daytime to walk around any house, stable, store, or any building, in order to make a visual inspection; to enter upon all lots and grounds to cause the same to be cleaned or purified and all noisome to be abated or removed. 7-2-6. Notice to Abate Nuisance. Whenever the Police Department shall determine that any nuisance exists, it shall take the following steps to abate the same: (1) It shall ascertain the names of the owners and occupants and other authors of the nuisance and premises where the same exists. (2) Serve notice in writing upon the owner and occupant and other authors either personally or by mailing notice, postage prepaid, addressed to them at their last known addresses, requiring the owner, occupant, or author, or any or all of them, as the case may be, to eradicate or abate the same within such time as the notice shall provide, but in no case less than ten days from date of service of the notice. (3) Inform the persons to whom such a notice is given that in the event that he disagrees with the determination of a nuisance that he may request a hearing before the City Council. An application for such a hearing must be made in writing and shall stay the time in which the person must comply with the notice. The City Recorder shall set the matter for hearing by the City Council and shall mail notice to the person requesting the hearing at least five days prior thereto. (4) The Police Department shall make proof of service of such notice under oath and file the same in the office of the City Recorder. (5) The hearing by the City Council shall be informal and all parties interested in the matter shall be heard. Within ten days of the hearing the City Council shall render its decision. In the event that the City Council upholds the decision of the Police Department, the notice previously served shall be deemed sufficient to require abatement of the nuisance and the same shall be done within such time as is ordered by the City Council. The City Council may make modifications to the notice to require abatement of only a portion of the nuisance described in the notice.

7-2-7. Refusal to Abate Nuisance. If any person ordered by a notice served under the preceding section or by a decision of the City Council shall fail to conform to the requirements thereof, the Police Department shall employ all necessary assistance to cause such materials to be removed, destroyed or the nuisance otherwise abated. The Police Department shall prepare an itemized statement of all expenses incurred in the abatement of the nuisance and shall mail a copy thereof to the persons named in the demanding payment within twenty days of the date of mailing by registered mail addressed to the person's last known address. In the event that the person so notified fails to make the payment to the City Treasurer within the twenty day period, the City may either cause suit to be brought in the appropriate court for collection of the same or may refer the matter to county authorities for collection by a lien on the property as provided in Title 10, Chapter 11 of Utah Code Annotated 1953, as amended, or both.

7-2-8. Penalty. Unless otherwise designated, any person violating any provision of this Chapter either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for term not to exceed six (6) months, or by both such fine and imprisonment. Chapter 3 -- PEST CONTROL

Section 7-3-1. Rodents Section 7-3-2. Flies and Other Insects Section 7-3-3. Penalty

7-3-1. Rodents. Every person owning or occupying or controlling any real property in the City shall prevent the ingress of rats or other rodents thereto, and to this end shall use such materials in construction or repair thereof as are rat and rodent proof. All foods, provisions, goods, wares, and merchandise shall be so located as to prevent rats and other rodents from gaining access thereto or coming in contact therewith. No garbage, waste matter or other refuse shall be allowed to accumulate so that the same shall or may afford food or a harboring or breeding place for rats or other pests.

7-3-2. Flies and Other Insects. It shall be unlawful for any person to suffer or permit to have on his premises, whether owned or occupied by him, one or more of the following unsanitary conditions: (1) any privy, vault, cesspool, sink, pit, or like place which is not securely protected from flies; (2) garbage which is not securely protected from flies; (3) vegetable waste, trash, litter, or refuse of any kind in which flies may breed or multiply. Every person owning, occupying, or controlling any premises in the City where evidence of fly or other insect infestation or breeding is observed, shall make such changes in the conditions on the premises as to prevent the recurrence of the fly or other insect infestation or breeding.

7-3-3. Penalty. Unless otherwise designated, any person violating any provision of this Chapter either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class C Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $ 750.00, by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. Chapter 4 -- MISCELLANEOUS SANITARY PROVISIONS.

Section 7-4-1. Drinking Fountains Section 7-4-2. Toilet Facilities and Sinks Section 7-4-3. Stagnant Water and Other Substances or Materials Section 7-4-4. Clean Structures for Human Occupation Section 7-4-5. Clean Public Rights of Way and Alleys Section 7-4-6. Human and Animal Discharges Section 7-4-7. Septic Tanks and Other Receptacles for Human Waste Section 7-4-8. Miscellaneous Sanitary Regulations Section 7-4-9. Distribution of Pills and Medicines

7-4-1. Drinking Fountains. It shall be unlawful to expectorate or spit or to wash any part of a human body in any public drinking fountain, or to cause any animal to come into contact with or to drink from a public drinking fountain.

7-4-2. Toilet Facilities and Sinks. It shall be unlawful for the owner of any structure to not equip the same with toilet facilities and sinks as otherwise required by law, and to maintain the same in a sanitary condition.

7-4-3. Stagnant Water and Other Substances or Materials. It shall be unlawful for the owner, tenant or person in control of real property which has become the repository of stagnant water, or other fluids, substances or materials causing an unhealthy condition, to fail to remove the same after notice from the city, county or state health department. The notice from the city, county or state health department shall state a reasonable time for compliance with the notice.

7-4-4. Clean Structures for Human Occupation. It shall be unlawful for any person owning, controlling or operating any structure used for human occupation, to cause or permit the same to be so used while infested with insects or rodents. 7-4-5. Clean Public Rights of Way and Alleys. It shall be unlawful for any person to place, or cause to be placed, any debris, plant trimmings or trash upon public right of way or alley that is not within a proper trash container.

7-4-6. Human and Animal Discharges. It shall be unlawful for any owner, tenant or person in charge of real property, to cause or allow the feces or urine from humans or any species of fowl or animal, to accumulate in any unhealthy, or unsanitary condition upon or under the surface of said property.

7-4-7. Septic Tanks and Other Receptacles for Human Waste. (1) It shall be unlawful to construct or maintain a cesspool, septic tank or other receptacle or depository for human waste, except that a septic tank may be constructed and maintained if , for reasons demonstrated to the city engineer by the applicant, it is not reasonable or practical to connect to the City sewer system. It shall be presumed that it is both reasonable and practical to connect to a sewer line which is not more than 300 feet from a proposed residence.

(2) The construction, maintenance, repair, emptying, cleaning or abatement of specific tanks shall conform to the regulations of the City, County or State Health Department.

(3) A septic tank may be constructed, maintained, repaired, emptied or cleaned only with a permit from the City, County or State Health Department. 7-4-8. Miscellaneous Sanitary Regulations. It shall be unlawful and a nuisance to do any of the following:

(1) to place, conduct or discharge into or any street, alley, sidewalk, gutter, water ditch or canal, or any vacant lot, any rancid fat or grease waste material, any filthy or offensive water, liquid, waste refuse or discharge of any kind which is offensive or likely to become so, or any putrid or unsound meat, fish, hides or skin of any kind, or filth, offal, dead animals, vegetables or any unsound offensive matter whatsoever. Provided, however, that this section shall not apply to the spreading of manure upon land for purpose of fertilizing of the soil, or for animal corrals properly located in approved zones.

(2) to process dead animals for the manufacture of fertilizing material or other products, or any boiling of offal, fat or grease which shall be done or carried on in offensive, unclean or defective manner.

(3) to fail to abate any collection of waste, rags, damaged merchandise, wet, broken or leaking barrels,[casks or] boxes, or any materials which are offensive or tend to decay, to become putrid, or to pollute the air. (4) for the owner or occupant of real property to cause or permit upon said property any of the following unsanitary, fly producing, disease causing conditions:

a) Any privy, vault, cesspool, sink, pit or like place which is not securely protected from flies.

b) Garbage which is not securely protected from flies.

c) Vegetable or animal waste, trash, litter, rags or refuse of any kind, nature or description in which flies may breed or multiply.

7-4-9. Distribution of Pills and Medicines. It shall be unlawful for any person to distribute any samples, packages, parcels, boxes, bottles or other quantity of any pills, medicines or any other materials of medicinal or alleged medicinal character, or purporting to be a curative agent, or any article harmful to a human being, by handing, giving, or furnishing the same to any person in parks, streets, alleys or the thorough-fares or by leaving, casting or depositing the same in yards or upon the premises of any residence or other private grounds, or upon or about school buildings or grounds within the City limits. Chapter 5 -- HAZARDOUS MATERIALS

Section 7-5-1. Hazardous Materials Cleanup - Recovery of Costs

7-5-1. Hazardous Materials Cleanup-Recovery of Costs.

(1) Parowan City is authorized, but not required, to clean up or abate the effects of any hazardous material unlawfully released, discharged or deposited upon or into any property or facilities within the City. The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:

a) The person or persons whose negligent or willful act of omission proximately caused such release, discharge or deposit;

b) The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause;

c) The person or persons who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause;

d) The person or persons who owned or controlled the land on which the hazardous material was deposited or from which the hazardous material was released or discharged.

(2) In the event that any person undertakes, either voluntarily or upon order of a City Official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the City, Parowan City may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection (1) of this shall be liable to the City for all costs incurred as a result of such supervision or verification.

(3) For purposes of this section, "hazardous material" means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

(4) For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to all costs incurred in clearing or abating the nuisance including the following: actual labor costs of City personnel, including benefits and administrative overhead; cost of equipment operation; cost of any contract labor and materials, and on costs to any other governmental agency.

(5) The remedies provided by this section shall be in addition to any other remedies provided by law. (6) The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the department. Chapter 6 -- PREVENTION AND REMOVAL OF GRAFFITI Section 7-6-1. Title - Purpose Section 7-6-2. Definitions Section 7-6-3. Graffiti Prohibited Section 7-6-4. Notice to Property Owner and Occupant Section 7-6-5. Graffiti Cleanup Section 7-6-6. Failure to Remove Graffiti- Costs of Cleanup Section 7-6-7. Appeals Process- Other Applicable Law

7-6-1. Title - Purpose.

(1) This Chapter may be referred to as " Parowan City Chapter Dealing with the Prevention and Removal of Graffiti."

(2) The purpose of this Chapter is to establish a process for the City to prevent and remove graffiti within the City. The City finds that graffiti on buildings, structures and natural features within the City is a public nuisance and a blight adversely affecting the public's health, safety, morals and general welfare. The City finds that much of graffiti is related to criminal gangs and other criminal activity and that the continued existence of such graffiti by itself contributes to criminal activity because of its effect of marking territories for gangs and inciting retaliation for vandalism of the graffiti. The City fears that some property owners will fail to clean up the graffiti from their buildings, structures or natural features even after knowing of the existences of the graffiti. The City finds that the purpose of this chapter is thereby to allow City Administration, after reasonable notice and other procedures, to clean up graffiti and charge the property owner for the costs of such cleanup. The City declares graffiti to be a public nuisance and the purposes stated above, as further described in this chapter, to be in the best interest of protecting the public's health, safety, morals and general welfare.

7-6-2. Definitions.

"Graffiti" means inscriptions, drawing, paintings or other visual markings which deface buildings, structures, fixtures, equipment or natural features, either public or private. "Graffiti" does not include inscriptions, letterings, drawings or paintings enlisted at the request of the owners for which a currently valid sign permit or other authorization has been obtained.

"Graffiti implement" means an aerosol container, a felt tip marker, paint stick, etching instrument, or any other device containing paint, ink, chalk, dye or similar substance which is not water soluble and has a point, brush, applicator or other writing surface or when used or applied is capable of defacing glass, metal, concrete or wood. 7-6-3. Graffiti Prohibited.

(1) It is unlawful for any person to apply graffiti to any public or privately owned structure, real property, fixture, equipment, or personnel property within the City.

(2) No person under the age of eighteen (18) years of age, who is not in the presence of a parent or legal guardian, shall have in his or her possession a graffiti implement while in any public park, playground, swimming pool, public recreational facility or any public right-of-way in the City unless expressly authorized by law.

(3) Any parent or guardian shall also be jointly and severally liable for payment of civil damages resulting from the misconduct of any minor. (4) This section shall not preclude the City from pursuing any other legal or lawful means to prohibit persons from engaging in the defacement or destruction of property.

7-6-4. Notice to Property and Owner and Occupant.

(1) If the City determines that graffiti exists, the City shall mail notice and a copy of this Chapter to the owner and occupant, if any, of the graffiti's location by regular certified mail or by other means which is as reliable as regular certified mail. Said notice with an attached copy of this Chapter shall also be conspicuously posted at the location of the graffiti.

(2) The notice shall be placed on City letterhead in substantially the following form:

NOTICE TO ABATE GRAFFITI NOTICE IS HEREBY GIVEN that under the provisions of Chapter 7-6 of the Parowan City Code, (as attached) you are required at your expense to remove or paint over the graffiti located on the property commonly known as: _________________________________________ Parowan, Utah, which is visible to public view, within ten (10) days after the date of service of this notice. If you fail to properly respond to this notice, as set forth in Chapter 7-6 of the Parowan City Code, within the (10) days after the date of service of this notice or is you otherwise fail to comply with this order within ten (10) days of service of this notice, the City or its agent will enter upon your property and abate the graffiti. The cost of abatement by the City or its agent will be assessed upon you or your property and such costs will constitute a lien upon the land until paid. At the conclusion of ten (10) days after the date of service of this notice upon you, the City may proceed with the abatement of the graffiti on the property at your expense without further notice, except for giving reasonable announcement of the date and time when the City will enter the property and remove the graffiti not less than twenty-four (24) hours prior to said time and date.

7-6-5. Graffiti Cleanup. (1) The notice referred to in section 7-6-4, Parowan City Code, shall require the property owner and the occupant, if any, to remove the graffiti within ten (10) days from the date of notice. If the graffiti is not so removed:

a) Obscene graffiti. If the City determines the graffiti contains pornography or obscenity, or as defined in the Sexually Oriented Business Ordinance, the City shall take immediate action against the property owner and remove the graffiti after ten (10) days. b) Other graffiti. If the graffiti is not of a type described in subsection 7-6-5 (1) (a), Parowan City Code, the owner or occupant may request a hearing prior to the expiration of the ten (10) day period stated in subsection 7-6-4, Parowan City Code. Failure of the owner or occupant to request a hearing shall be deemed granting consent by the owner and occupant to the cleanup action by the City stated in said notice.

(2) This section is not intended to preclude the City from pursuing any other legal or lawful provision provided for by the Parowan City Code or other City ordinance or other law available to the City to remove graffiti which constitutes a safety or health hazard as provided.

7-6-6. Failure to Remove Graffiti - Costs of Cleanup.

(1) If graffiti is not removed prior to the expiration of the ten (10) day period stated in subsection 7-6-5 (1), Parowan City Code, or a hearing is not requested prior to the expiration of the ten(10) day period as allowed under subsection 7-6-5 (1) (b), Parowan City Code, the City shall notify the property owner and occupant, if any, by regular certified mail of the date and time when the City will enter the property and remove the graffiti, giving not less than twenty-four (24) hours notice prior to the actual removal.

(2) If the property owner and occupant fail to cooperate within the ten (10) day period, as set forth in section 7-6-4, Parowan City Code, if the City cleans the graffiti, the City shall hold the owner and occupant jointly and severally liable for the cleanup costs and mail a bill to the property owner and occupant, if any, by regular certified mail for the City's actual and reasonable costs of cleaning the graffiti including, but not limited to, an appropriate hourly charge for the time of all City personnel or contracted labor involved in the cleanup.

(3) If the City finds a property to continue to have graffiti applied to it more than twice in a twelve month period, the City shall not charge the property owner or occupant the cost of clean up of the graffiti if:

a) the owner or occupant, or their agents have not contributed to making, authorizing or assisting in the graffiti; and b) the owner or occupant cooperates with the City in allowing the City to take reasonable measures to prevent future graffiti such as, but not limited to, allowing the City reasonable access for either electronic observation of or police access to the area subject to repeat graffiti offenses. 7-6-7. Appeals Process- Other Applicable Law.

(1) Any person, owner or occupant objecting to an action or decision by the City made pursuant to this Chapter 7-6 of the Parowan City Code shall request a hearing before the City Council.

(2) If any subsection, section, or part of this Chapter is declared to be invalid by a court of competent jurisdiction, it is hereby declared by the City that the remaining subsections, sections or parts of this Chapter remain in full force and effect.

CHAPTER 7 - - SMOKING PROHIBITED IN CITY PARKS, RECREATIONAL AREAS, CEMETERIES, AND NEAR MASS GATHERINGS 7-7-1. Definitions.

A. "City park" means and includes city-owned parks, public squares, fair grounds, ball diamonds, golf courses, soccer fields, and other recreation areas, and city-owned cemeteries.

B. "Mass gathering" means an outdoor assembly of 100 or more people on city-owned property that reasonably can be expected to continue for two or more hours.

C. "Smoke" or "smoking" means and includes: possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette of any kind, or of any other lighted smoking equipment.

7-7-2. Prohibitions. Except in designated areas, smoking is hereby prohibited in city parks, within twenty-five (25) feet of any public building, and within fifty (50) feet of mass gatherings. Designation of a smoking area shall be established by the posting of signs. A violation of this ordinance is an Infraction punishable by a fine. Police officers shall have the discretion to issue a "warning" if they deem it is in the best interests of the city for the first offense. "No smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every city park.

This entire Ordinance - Title 7 "Health and Sanitation" was last revised on January 4, 2001 (refer to Ordinance 01-01-01). This revision supersedes all other amendments made to this Ordinance prior to this date.

This entire Title 7 - Health and Sanitation, was adopted by the City Council on February 6, 1980. (Refer to Ordinance No. 80-1)

Dates of other ordinances pertaining to Health and Sanitation: January 23, 1974; May 11, 1964