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Chapter 1 - Code and Ordinances#
1-1-1 - Official Designation.#
Upon adoption by the Kaysville City Council the Ordinances of Kaysville City, Utah, as revised, compiled and herein set forth are to be and shall hereafter constitute the official Kaysville City Ordinances. The first number in these Ordinances shall be known and designated as the title number, the second number as the Chapter number and the third number as the Section number.
1-1-2 - Separability.#
If any section, subsection, sentence, clause, or phrase of these Ordinances is for any reason held to be unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
1-1-3 - Amendments.#
These Ordinances may be amended from time to time in accordance to and in compliance with the laws of the State of Utah and the Ordinances of Kaysville City made and provided in such cases. Such amendments may be made by repealing, adding to, deleting from or otherwise altering or changing any part of these Ordinances.
1-1-4 - Judicial Notice.#
Upon passage, these City ordinances shall thereafter be received without further proof in all courts of law and equity and in all administrative tribunals of this State and in all United States Federal Courts as the official Ordinances of Kaysville City of general and permanent effect.
1-1-5 - Conflict of Laws.#
Whenever anything in these Ordinances or amendments thereto shall be or become in conflict with any provision or provisions of the laws of the State of Utah or the United States, such provision shall be deemed to be repealed and to be of no effect for such period as such law so in conflict therewith shall remain in effect, and such law shall govern.
1-1-6 - Application.#
1.
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of these Ordinances, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply.
2.
A separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues.
3.
In all cases where the same offense is made punishable or is created by different clauses or sections of these Ordinances the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
1-1-7 - Utah Code.#
All provisions of the Utah Code which impose a mandatory duty or responsibility upon cities of the fourth class are hereby adopted by reference, incorporated herein, and shall be considered a part of these Revised Ordinances of Kaysville City, 1993. Such adoption by reference shall include any future amendments or enactments which may be adopted by the Utah State Legislature.
Chapter 2 - Repeal and Saving Provisions#
1-2-1 - Repeal of General Ordinances.#
All general Ordinances of the City passed prior to the adoption of these Ordinances and which relate to the same subject matter are hereby repealed, except those Ordinances which are by the next Section expressly saved from repeal.
1-2-2 - Saver from Repeal.#
All existing Ordinances of Kaysville City that are contractual in character, including franchises, grants, and dedications; special tax ordinances; all ordinances relating to bond issues; all ordinances naming or vacating streets, alleys or other public places; improvement ordinances, and other ordinances pertaining to subjects not provided for herein, are hereby expressly saved from repeal and are hereby declared to be remaining in full force and issue.
1-2-3 - Court Proceedings.#
1.
No new ordinance shall be construed or held to repeal a former ordinance as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
2.
Nothing contained in this or the preceding paragraphs shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of these City ordinances.
Chapter 3 - Penalty and Liability#
1-3-1 - Penalty.#
1.
Any person who shall violate any provision of these Ordinances shall be guilty of a Class B misdemeanor and shall for any one (1) offense be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment.
2.
Any corporation, association, partnership or governmental instrumentality which shall violate any provision of these Ordinances shall be guilty of a Class B misdemeanor and for any one (1) offense shall be punished by a fine of not more than five thousand dollars ($5,000.00).
1-3-2 - Liability of Employers and Agents.#
When the provision of an ordinance prohibits the commission or omission of an act not only the person actually doing the prohibited thing or omitting the direct act, but also the employer and all other persons concerned or aiding or abetting therein shall be guilty of the offense described and liable to the penalty prescribed for the offense.
1-3-3 - Liability of Officers.#
No provision of these Ordinances designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
Chapter 4 - Definitions#
1-4-1 - Construction of Words.#
In the construction of these Ordinances and all Ordinances amendatory thereof, the singular number shall include the plural and words used in the masculine gender shall comprehend, as well, the feminine and neuter, providing such construction would not be inconsistent with the manifest intent of the legislative body or contrary to the context of the Ordinance. The word "shall" is always mandatory and not merely directory.
1-4-2 - Definitions.#
Whenever the following words or terms are used in this code they shall have the meaning herein ascribed to them, unless the content makes such meaning repugnant thereto. These definitions are general in nature and when a particular ordinance contains a specific definition which is inconsistent with or in conflict with these general definitions, the specific definition shall apply:
Agent - The word "agent" as used in this code shall mean a person acting on behalf of another.
City - The word "City" shall mean Kaysville City.
Corporation Counsel - Whenever the term "Corporation Counsel" is used in this Ordinance or any codes adopted herein by reference, it shall mean the Attorney for Kaysville City.
Employees - Whenever reference is made in these Ordinances to a City employee by title only, this shall be construed as though followed by the words "of Kaysville City".
Fee - The word "fee" shall mean a sum of money charged by the City.
Highway - The word "highway" shall also include bridges, and may be held equivalent to the words "County road" and "State Road".
Knowingly - The word "knowingly" imports only a knowledge that the facts exist which brings the act or omission within the provisions of these Ordinances. It does not require any knowledge of the unlawfulness of such an act or omission.
Misdemeanor - The word "misdemeanor" shall mean any offense in violation of the provisions of these Ordinances and shall be classified as a Class B misdemeanor as defined by state law, unless a different classification is clearly stated.
Municipality - The word "municipality" shall mean Kaysville City Corporation.
Negligent - The word "negligent" as well as "neglect", "negligence", and "negligently" imports a want of such attention to the nature or probable consequences of the act or omission as a prudent person ordinarily bestows in acting in their own concern.
Nuisance - The word "nuisance" shall mean anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of, another person or the community; or such other meaning as may be set forth in pertinent state law.
Occupant - The term "occupant" applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
Offense - The word "offense" shall mean any act forbidden by any provision of these Ordinances or the omission of any act required by the provisions of these Ordinances.
Officers - Whenever reference is made in these Ordinances to a City Officer by title only, this shall be construed as though followed by the words "of Kaysville City".
Operator - The word "operator" shall mean the person who is in charge of any operation, business or profession.
Owner - The word "owner" applied to a building or land shall include any part-owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
Person - The word "person" shall include any firm, corporation, association, partnership, or any other form of association or organization.
Personal Property - The term "personal property" shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
Revised Ordinances - "Revised Ordinances" unless otherwise stated shall mean these revised Ordinances of 1993.
Road - The word "road" as used in these Ordinances shall include bridges, and may be held equivalent to the words "County Road" and "State Road".
Street - The word "street" shall include alleys, lanes, courts, boulevards, public ways, public square, public places and sidewalks.
Tenant - The word "tenant" applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
Willfully - The term "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose of willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
(Ord. 21-07-03, 7/15/2021)
Chapter 5 - Private Property Protection Procedures#
1-5-1 - Policy Considerations.#
The City favors the careful consideration of matters involving Constitutional Taking claims as defined by the Private Property Protection Act (hereinafter referred to as the "Act"). The legitimate role of government in lawfully regulating real property must be preserved and the public's right to require the dedication or exaction of property must be consistent with the Constitution. It is desired that a procedure be established for the review of actions that may involve the issue of a Constitutional Taking. This Chapter shall assist the City in considering decisions that may involve Constitutional Takings. This Chapter is intended to provide a means for review of claims by citizens that a specific City action should require payment of just compensation, yet preserve the ability of the City to regulate real property and fulfill its other duties and functions.
1-5-2 - Definitions.#
1.
Constitutional Taking - Actions by the City involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:
a.
The Fifth or Fourteenth Amendment to the Constitution of the United States;
b.
Article I, Section 22, of the Utah Constitution;
c.
Any recent court rulings applicable to the physical taking or exaction of private real property by a government entity;
2.
Actions by the City involving the physical taking or exaction of private real property is not a Constitutional Taking if the physical taking or exaction:
a.
Bears a reasonable nexus to a legitimate governmental interest; and
b.
Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.
3.
This Chapter does not apply when the City formally exercises its power of eminent domain.
1-5-3 - Guidelines Advisory.#
The guidelines adopted and decisions rendered pursuant to the provisions of this Chapter are advisory only and shall not be construed to expand or limit the scope of the City's liability for a Constitutional Taking. The reviewing body or person, shall not be required to make any determination under this Chapter except pursuant to KCC 1-5-4.
1-5-4 - Review of Decision.#
Any owner of private real property who claims there has been a Constitutional Taking of private real property may request a review of a final decision of any officer, employee, board, commission, or Council of the City. The following are specific procedures established for such review: 1.
The person requesting a review (hereinafter referred to as the "Appellant") must have obtained a final and authoritative determination, internally, within the City relative to the decision from which the review is requested.
2.
Within thirty (30) days from the date of the final decision that gave rise to the concern that a Constitutional Taking has occurred, the Appellant shall file in writing, in the office of the City Recorder a request for review of that decision. A copy shall also be filed with the City Manager and the City Attorney.
3.
The City Recorder shall set a time for the Administrative Law Judge to review the decision that gave rise to the Constitutional Takings claim.
4.
In addition to the written request for review, the Appellant must submit, prior to the date of the review, the following:
a.
Name of the Appellant;
b.
Name and business address of current owner of the property, form of ownership, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;
c.
A detailed description of the grounds for the claim that there has been a Constitutional Taking;
d.
A detailed description of the property alleged to have been taken;
e.
Evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged Constitutional Taking, the name of the party from whom purchased, including the relationship, if any, between the Appellant and the party from whom the property was acquired;
f.
Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;
g.
Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three (3) years prior to the date of application;
h.
All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three (3) years prior to the date of application;
i.
The assessed value of and ad valorem taxes on the property for the previous three (3) years;
j.
All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;
k.
All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years;
l.
All studies commissioned by the Appellant or agents of the Appellant within the previous three (3) years concerning feasibility of development or utilization of the property;
m.
For income producing property, itemized income and expense statements from the property for the previous three (3) years;
n.
Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and,
o.
The City Council may request additional information reasonably necessary, in its opinion, to arrive at a conclusion concerning whether there has been a Constitutional Taking.
5.
An Appeal shall not be deemed to be perfected until the City Recorder certifies to the Appellant that all the materials and information required have been received by the City. The City Recorder shall promptly notify the Appellant of any incomplete application.
6.
The Administrative Law Judge shall hear all the evidence related to and submitted by the Appellant, City, or any other interested party.
7.
A final decision shall be rendered within forty-five (45) days from the date the complete application for review has been received by the City Recorder. The decision of the Administrative Law Judge regarding the results of the review shall be given in writing to the Appellant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the Constitutional Taking claim.
1-5-5 - Reviewing Guidelines.#
The City Council shall review the facts and information presented by the Appellant to determine whether or not the action by the City constitutes a Constitutional Taking as defined in this Chapter. In doing so, the Council shall consider: 1.
Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.
2.
Whether a legitimate governmental interest exists for the action taken by the City.
3.
Whether the property and exaction are roughly proportionate and reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.
1-5-6 - Results of Review.#
After completing the review, the City Council shall make a written recommendation to the officer, employee, board, commission or council that made the decision that gave rise to the Constitutional Takings claim.