WEEDS AND CLEARING OF PROPERTY

Salt Lake City Code tit. 9, ch. 9.16

in effect

Salt Lake City Code § 9.16.010 PURPOSE OF PROVISIONS

9.16.010: PURPOSE OF PROVISIONS: This chapter provides for the cleaning of real property and the control of weeds in a way that will: A. Prevent fire hazards; B. Prevent insect and rodent harborages; C. Prevent the induction of hazardous pollens in the air; D. Prevent further spreading of vegetation that threatens the public health, safety or welfare; E. Abate the existence of objects, structures or solid waste that threaten the public health, safety and welfare; F. Protect and promote the public health and safety of the community by preventing and/or abating conditions of real property or the structures thereon which create or maintain public nuisances. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.020 DEFINITIONS

9.16.020: DEFINITIONS: For the purpose of this chapter, the following terms, phrases and words have the meanings expressed in this section: DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City division authorized to perform civil enforcement functions. ERADICATION: The complete destruction of weeds by chemicals, removal by root, or any other method approved by the division. INSPECTOR: An employee of Salt Lake City's Division of Building Services or of the successor Salt Lake City division authorized to perform civil enforcement functions, or any duly authorized agent, representative or designee. PROPERTY: For purposes of this chapter, the term "property" includes the area of land located between the parcel's property line and the roadway. PROPERTY OWNER: Any person who, alone or jointly or severally with others, hold legal title to the property at issue. SOLID WASTE: Garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid or semi-liquid waste, and other discarded materials, or materials stored or accumulated for the purpose of discarding or salvage, or materials that have served their original intended purpose, or waste material resulting from construction, industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational or community activities. VERY LOW INCOME HOUSEHOLD: Has the same meaning as set forth in the guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA". WEEDS: Vegetation growing upon any real property within Salt Lake City which will attain such a growth as to become a fire hazard when dry, or which is otherwise noxious, a nuisance or dangerous, as determined by the division. Weeds include, but shall not necessarily be limited to, the following: A. Dry grasses, stubble, brush, tumbleweeds and clippings which endanger the public health and safety by creating a fire hazard, insect or rodent harborage, or any other nuisance; B. Poison ivy, when the public health and safety in residential or other developed and populated areas are affected; C. Those plants named in the Utah Noxious Weed Act, title 4, chapter 17, Utah Code, and its subsequent regulations and successor sections. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.030 REAL PROPERTY TO BE KEPT CLEAN AND SECURED

9.16.030: REAL PROPERTY TO BE KEPT CLEAN AND SECURED: A. It is unlawful for any person, corporation, partnership or other legal entity owning real property in Salt Lake City to fail to maintain the height of weeds, as provided in section 9.16.040 of this chapter; or to fail to remove from the property any cuttings from such weeds, or any solid waste, unsightly or deleterious objects or structures, or to fail to effectively secure any vacant structure after having been given written notice to do so from the division or inspector. B. It shall be the duty of every property owner to remove all weeds and noxious vegetation from the area of land located between the parcel's property line and the roadway. Failure to remove such weeds and noxious vegetation in accordance with the specifications set forth in section 9.16.040 of this chapter shall constitute a violation subject to the abatement procedures and penalties set forth in this chapter. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.040 WEED CONTROL SPECIFICATIONS

9.16.040: WEED CONTROL SPECIFICATIONS: A. Weeds shall be maintained at a height of not more than six inches (6") (15.2 cm) at all times, and the cuttings shall be promptly cleared and removed from the premises. Low-growing puncturevine, poison ivy, and bindweed must be removed regardless of height. B. Weeds which are eradicated by chemicals must be done so before their height exceeds six inches (6") (15.2 cm), or they must be cut at a level not exceeding six inches (6") (15.2 cm) in height. C. Weeds which are rototilled or removed by the root must be buried under the soil or removed from the property. D. The control of low growing weeds such as puncturevine, poison ivy, and bindweed must be implemented by eradication. E. When, in the opinion of the inspector, the large size of the property makes the cutting of all weeds impractical, the inspector may, by written order, allow and limit the required cutting of weeds to a firebreak of not less than fifteen feet (15') (4.6 m) in width cut around the complete perimeter of the property and around any structures existing upon the property. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.050 NOTICE OF VIOLATION AND CORRECTIVE MEASURES

9.16.050: NOTICE OF VIOLATION AND CORRECTIVE MEASURES: A. If an inspector conducts an examination of the property and determines it is in violation of the specifications set forth in section 9.16.040 of this chapter, the inspector shall serve written notice on the property owner as set forth in subsection B of this section. B. The written notice described in subsection A of this section shall: 1. Identify the property owner of record according to the records of the Salt Lake County Recorder; 2. Describe the property and the nature and results of the examination and investigation conducted in accordance with subsection A of this section; and 3. Require the property owner to eradicate or destroy and remove the item(s) identified in the notice in a time period designated by the inspector that is no less than ten (10) days after the date the notice is personally served or the date it is postmarked. C. Once notice has been served upon the property owner during any calendar year directing the cutting and removal of weeds on the property owner's property, no further notice need be served upon the property owner to compel weed cutting and removal on the same property during that calendar year. D. Such written notice issued by the inspector shall be deemed sufficient and complete when served upon the property owner personally by the inspector or the inspector's duly authorized agent, representative or designee; or mailed, by certified mail to the last known address of the property owner according to the records of the County Recorder. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.060 CITY TO CLEAN OR SECURE PROPERTY WHEN; COSTS

9.16.060: CITY TO CLEAN OR SECURE PROPERTY WHEN; COSTS: A. Upon the property owner's failure to cut or eradicate the weeds, remove the cuttings, solid waste, unsightly or deleterious objects or structures or flammable material, or failure to secure any vacant structure in accordance with the notice issued, the division shall have the authority to cause such cutting, removing or securing, including the power to enter on the property in violation for such cutting, removing or securing, or to authorize others to enter on such property and cause such cutting, removing or securing. B. The inspector, upon approved completion of the work, shall prepare an itemized statement of all costs incurred by the division and shall mail that statement to the property owner by certified mail, demanding payment within thirty (30) days of the date the statement is post marked. 1. The itemized statement of costs shall include: a. The address of the property at issue; b. An itemized list of all expenses incurred by the division, including administrative costs; c. A demand for payment; and d. The address where payment is to be made. 2. The itemized statement shall notify the property owner: a. That failure to timely pay the expenses described in the itemized statement may result in a lien on the property in accordance with this chapter and Utah Code section 10-11-4 or its successor; b. That the property owner may file a written objection to all or part of the statement within twenty (20) days of the date the statement is postmarked; and c. Where the property owner may file the objection, including the name of the office and the mailing address. 3. If the property owner files a timely objection, the division will schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating the date, time, and location of the hearing. 4. At the hearing described in subsection B3 of this section, a Hearing Officer shall review and determine the actual cost of abatement incurred by the division in abating the property pursuant to the provisions of this chapter, including administrative costs. The property owner must pay any amount the Hearing Officer determines is due and owing to the Salt Lake City Treasurer at the address provided in the statement of costs within thirty (30) days of the date of the hearing. 5. The itemized statement of costs described in this subsection B shall be deemed delivered when mailed by certified mail addressed to the last known address of the property owner according to the records of the Salt Lake County Recorder. C. Notwithstanding any other provision in this chapter to the contrary, where the property owner presents evidence demonstrating that his/her combined family income is at or below the level established for very low income households, to the satisfaction of the inspector, the division may waive all administrative fees and the actual cost of removing weeds or the clearing of property if the property abated is the property owner's principal place of residence. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.070 COSTS; COLLECTION METHODS AUTHORIZED

9.16.070: COSTS; COLLECTION METHODS AUTHORIZED: A. If the property owner fails to make payment of the amount set forth in the itemized statement within thirty (30) days of the date of the mailing of that statement, or to file a timely objection, then the inspector may either cause suit to be brought in an appropriate court of law, or certify the past due costs and expenses to the Salt Lake County Treasurer in accordance with this chapter and Utah Code section 10-11-4 or its successor. B. If the property owner files a timely objection, but fails to make payment of any amount found due and owing under subsection 9.16.060B4 of this chapter within thirty (30) days of the date of the hearing, the inspector may either cause suit to be brought in an appropriate court of law, or certify the past due costs and expense to the Salt Lake County Treasurer in accordance with Utah Code 10-11-4 or its successor. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.080 COSTS; COLLECTION BY LAWSUIT

9.16.080: COSTS; COLLECTION BY LAWSUIT: In the event collection of expenses of cutting, eradicating, removing of solid waste, unsightly or deleterious objects or structures or flammable material, or the securing of any vacant structure is pursued through the court, Salt Lake City may sue for and receive judgment for all expenses of cutting, eradicating, removing, or securing of any structure, together with reasonable attorney fees, interest and court costs, and may execute upon such judgment in the manner provided by law. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.090 COSTS; COLLECTION THROUGH TAXES

9.16.090: COSTS; COLLECTION THROUGH TAXES: A. In the event collection of expenses of cutting, eradicating, removing of solid waste, unsightly or deleterious objects or structures or flammable material, or the securing of any vacant structure is pursued by certifying costs, the division shall certify with Salt Lake County Treasurer the costs or expenses it incurred and the Treasurer will proceed as set forth in Utah Code section 10-11-4 or its successor. B. After entry by the Treasurer of the County, the amount entered shall be a nonrecurring tax notice charge as described in Utah Code 11-60-102, is a lien on the property, and shall be collected by the Treasurer of the County in which the property is located at the time of the payment of general taxes. C. Upon payment of the costs and expenses, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the Treasurer. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.100 PROPERTY EXAMINATION; ENFORCEMENT AUTHORITY

9.16.100: PROPERTY EXAMINATION; ENFORCEMENT AUTHORITY: The inspector is hereby authorized to make examinations and investigations of all real property in Salt Lake City to determine whether the property owners are complying with the provisions of this chapter, and to enforce the provisions thereof. (Ord. 55-18, 2018)

Salt Lake City Code § 9.16.110 VIOLATION; PENALTY

9.16.110: VIOLATION; PENALTY: Any party who shall fail to do those acts required in this chapter, and any party who shall do or cause those acts prohibited herein to be done shall be guilty of a Class B misdemeanor unless such offense is specifically designated as a Class C misdemeanor, an infraction, or a civil violation. Each and every day that a violation of this chapter continues shall constitute a separate offense. (Ord. 55-18, 2018)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-50572Fetched: 11/1/2026