5-1-8. Definitions.

As used in this title:

(1) “Abatement” means any action the County may take on public or private property and any adjacent property as may be necessary to remove or alleviate a violation; including, but not limited to, demolition, removal, repair, boarding, and securing or replacement of property.

(2) “Administrative code enforcement order” means an order issued by a hearing officer. The order may include an order to abate the violation, pay civil penalties and administrative costs, or take any other action as authorized or required by this title and applicable state statutes.

(3) “Administrative code enforcement hearing officer” means the administrative code enforcement hearing officer presiding established pursuant to this title.

(4) “County” means the area within the unincorporated areas of Tooele County .

(5) “County commission” means the Board of County Commissioners of Tooele County .

(6) “Code enforcement lien” means a lien recorded to collect outstanding civil penalties, administrative fees, and costs.

(7) “Code enforcement performance bond” means a bond posted by a responsible person to ensure compliance with the Tooele County Code and zoning ordinance, applicable state titles, a judicial action, or an administrative code enforcement order.

(8) “Enforcement official” means any person authorized to enforce violations of the Tooele County Code, the zoning ordinance, or applicable state statutes.

(9) “Financial institution” means any person that holds a recorded mortgage or deed of trust on a property.

(10) “Good cause” means an incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; a required act that causes an imminent and irreparable injury; or acts of nature adverse to performing required acts.

(11) “Hearing officer” means the administrative code enforcement hearing officer.

(12) “Imminent life safety hazard” means any condition that creates a present, extreme, and immediate danger to life, property, health, or public safety.

(13) “Legal interest” means any interest that is represented by a document; such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien, or other similar instrument that is recorded with the county recorder.

(14) “Notice of compliance” means a document issued by the enforcement official representing that a property complies with the requirements outlined in the notice of violation.

(15) “Notice of satisfaction” means a document or form approved by the administrative code enforcement hearing officer or designee, which indicates that all outstanding civil penalties and costs have been either paid in full or that an agreed amount has been negotiated or that a subsequent administrative or judicial decision has resolved the outstanding debt. In addition to the satisfaction of the financial debt, the property must also be in compliance with the requirements outlined in the notice of violation.

(16) “Notice of violation” means a written notice prepared by the enforcement official that informs a responsible person of code violations and orders them to take certain steps to correct the violations.

(17) “Oath” includes affirmations and oaths.

(18) “Ordinance enforcement administrator” means the zoning administrator.

(19) “Person” means any natural person; firm; joint venture; joint stock company; partnership; association; club; company; corporation; business trust; organization; or the manager, lessee, agent, sergeant, officer, or employee of any of them; or any other entity that is recognized by law as the subject of rights or duties.

(20) “Property owner” means the record owner of real property based on the county recorder's records.

(21) “Public nuisance” means any condition caused, maintained, or permitted to exist that constitutes a threat to the public's health, safety, and welfare; or that significantly obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons. A public nuisance also has the same meaning as set forth in the Utah Code Annotated.

(22) “Responsible person” means a person who is responsible for causing or maintaining a violation of the Tooele County Code, zoning ordinance, or applicable state statutes. The property owner, tenant, person with a legal interest in the real property, or person in possession of the real property shall be liable for any violation maintained on the property. In all cases, the property owner shall be considered a responsible person.

(23) “Written” includes handwritten, typewritten, photocopied, computer printed, or facsimile.

(24) “Zoning ordinance” means the Uniform Zoning Ordinance of Tooele County. (Ord. 2005-05,  2/15/05 )