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Chapter 1 - Corporate Name and Seal#
2-1-1 - Corporate Name.#
The official and legal name of this municipal corporation is and shall be "Kaysville City." For any purposes necessary, the words "municipal corporation" may be added to designate the municipal character of the City.
2-1-2 - Corporate Seal.#
The official corporate seal of Kaysville City is hereby adopted and shall hereafter be the official corporate seal of Kaysville City. The facsimile of said seal is as follows:
Chapter 2 - Governing Body#
2-2-1 - Meetings.#
The City Council shall hold at least one (1) meeting a month, which shall be held on the first and third Thursday of each month at 23 East Center Street, Kaysville, which meetings shall begin promptly at 7:00 p.m. prevailing official time. 1.
If the meeting date is a legal holiday, then the meeting shall be held on the next following day which is not a legal holiday.
2.
In the absence of a quorum, or due to unforeseen circumstances, or for other good causes, any meeting of the City Council may be cancelled. Notice of cancellation will be made in a timely, reasonable, and practical manner.
3.
The City Council may by resolution provide for a different time and place for holding regular meetings of the City Council.
(Ord. 19-09-01, 9/5/2019)
2-2-2 - Compelling Attendance.#
Should any member of the Council be absent and should his or her attendance be necessary to constitute a quorum, the Council Members present may compel the attendance of such absent member, and if deemed necessary, may direct the Police Chief or one (1) of the Police Officers to forthwith bring in such member or members under arrest. Should any member of the Council, when notified by the Police Chief or other proper officer that his or her attendance is necessary to form a quorum refuse or neglect to attend such meeting or should any member leave a Council meeting without the consent of the other members of the Council, when such leaving would break a quorum, he or she may, unless satisfactory excuse is given at the next regular meeting, be fined in any sum not exceeding fifty dollars ($50.00). (10-3-505 Utah Code)
(Ord. 21-07-03, 7/15/2021)
2-2-3 - Rules - Expulsion of Member.#
The City Council shall determine its own rules of proceedings, may punish its members for disorderly conduct, as provided in state code and with the concurrence of a majority of the members may expel a member for violating the Code of Conduct.
(Ord. 19-08-02, 8/15/2019)
2-2-4 - Participation by Telephone.#
1.
A member of the governing body, or any of the City's other commissions, committees, or public bodies, may participate in meetings by electronic communication in accordance with the provisions of this Section. Such participation should provide for open access to the public which, at a minimum, means that the member participating by electronic communication should be able to hear comments from public participants in the meeting as well as other members and that public participants as well as other members should be able to hear comments from the member participating by electronic communication.
2.
At least one (1) member of the public body should be physically present at the meeting.
3.
If the Mayor or Chair is not physically present at a public meeting and is participating by electronic communication, the public body may elect one (1) of the members physically present to preside over the meeting as Mayor pro-tempore, or acting Chair. In such event, the Mayor or Chair may participate by electronic communication, but the Mayor pro-tempore or acting Chair should act as Chairman and preside over such meeting.
4.
If a member of the public body desires to participate in a meeting of the governing body by electronic communication such member should inform the City Recorder at least the day before the meeting so that proper arrangements can be made for electronic communication participation.
5.
Participation by electronic communication should be engaged in only under circumstances when it would be difficult, burdensome, or onerous for the member to be physically present. The Mayor or Chair shall have sole discretion to allow for participation by electronic communication.
(Ord. 20-03-04, 3/19/2020)
2-2-5 - Campaign Finance Disclosure Requirements.#
1.
Each candidate for elective office within Kaysville City shall file a signed campaign financial statement with the City Recorder as follows:
a.
Seven (7) days before the date of the municipal general election reporting each contribution of more than fifty dollars ($50.00) and each expenditure as of ten (10) days before the date of the municipal general election; and
b.
No later than thirty (30) days after the date of the municipal general election.
2.
a.
The statement filed seven (7) days before the municipal general election shall include:
i.
A list of each contribution of more than fifty dollars ($50.00) received by the candidate, and the name of the donor;
ii.
An aggregate total of all contributions of fifty dollars ($50.00) or less received by the candidate; and
iii.
A list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure.
b.
The statement filed thirty (30) days after the municipal general election shall include:
i.
A list of each contribution of more than fifty dollars ($50.00) received after the cutoff date for the statement filed seven (7) days before the election, and the name of the donor;
ii.
An aggregate total of all contributions of fifty dollars ($50.00) or less received by the candidate after the cutoff date for the statement filed seven (7) days before the election; and
iii.
List of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven (7) days before the election, and the recipient of each expenditure.
3.
Candidates for elective office within the City who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this Section not later than thirty (30) days after the primary election.
4.
The terms "contributions" and "expenditures" are defined to include non-monetary in-kind contributions of tangible things.
5.
Any person who fails to comply with this Section is guilty of an infraction.
2-2-6 - Acquisition and Disposition of Real Property.#
The Kaysville City Council may purchase, receive, hold, sell, lease, convey, and dispose of real property for the benefit of the City, whether the property is within or without the City's corporate boundaries.
2-2-7 - Disposition of a Significant Parcel of Real Property.#
1.
Before the City Council disposes of a significant parcel of real property, the Council shall:
a.
Provide reasonable notice of the proposed disposition at least fourteen (14) days before the opportunity for public comment thereon; and
b.
Allow opportunity for public comment on the proposed disposition.
2.
Land larger than five (5) contiguous acres, which was acquired without the intent to further convey it, constitutes a significant parcel of real property for purposes of KCC 2-2-7. Land acquired with the intent to further convey it, such as land in excess of the portion needed for City uses or land acquired for economic development or redevelopment purposes is not a significant parcel of real property.
3.
A meeting of the City Council constitutes the opportunity for public comment for purposes of KCC 2-2-7.
4.
Posting notice in at least three (3) public places within the City and publishing notice in a newspaper of general circulation in the City constitutes reasonable notice for purposes of KCC 2-2-7.
Chapter 3 - Court#
2-3-1 - Justice Court.#
The Justice Court of Davis County is hereby designated as the Justice Court for Kaysville City and all statutes pertaining to the operation of such Court as contained in the Utah Code are hereby adopted by reference, including necessary inferences to make said statutes apply to Kaysville City.
2-3-2 - Court Location.#
Prosecution for violations of these Ordinances shall be in the Justice Court of Davis County, State of Utah, or in such location as the administrative office of the Courts may, from time to time, designate.
Chapter 4 - City Manager#
2-4-1 - Office Created.#
The office of City Manager is hereby created.
2-4-2 - Appointment.#
The City Manager shall be appointed by majority vote of the City Council and shall serve at the pleasure of the City Council. He or she shall be chosen by the Council solely on the basis of his or her executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office hereinafter set forth. No Mayor or Council person shall receive such appointment during the term for which he or she shall have been elected nor within one (1) year after the expiration of his or her term.
2-4-3 - Removal.#
The City Council may remove the City Manager at any time with or without cause by a majority vote of its members.
2-4-4 - Powers and Duties.#
The City Manager shall be the chief administrative officer of the City. The Manager may head one (1) or more departments and shall be responsible to the governing body for the proper administration of all affairs of the City. To that end, the Manager shall have power and shall be required to: 1.
Appoint, subject to the approval of the governing body of the City, the Director of Finance, City Engineer, Chief of Police, Fire Chief, Public Works Superintendent, Power Superintendent, Parks Superintendent, and such other appointive officers and agents as the governing body may hereafter designate by ordinance. The City Manager shall have authority for the appointment and dismissal of all City employees, except as the Manager may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office.
2.
Act as the budget officer for the City; to perform or cause to be performed all of the duties of such office as set forth in the Utah State Uniform Municipal Fiscal Procedures Act. The Manager shall prepare the budget annually and submit it to the Council together with a message describing the important features and be responsible for its administration after adoption. The Manager shall exercise budgetary control over City departments and services; provide for the maintenance of uniform accounts and records of financial transactions, the purchasing of materials, supplies, equipment and services, the pre-audit of claims and disbursements of City funds, and keep the governing body advised as to the financial condition and needs of the City, and make such recommendations as the Manager may deem desirable.
3.
Supervise the purchase of all materials, supplies, and equipment and let contracts necessary for operation or maintenance of City services in accordance with the applicable provisions of the Utah Procurement Code and such other rules governing purchasing procedures as the governing body shall approve.
4.
Prepare and submit to the governing body monthly and annual reports together with whatever other reports the governing body may request.
5.
Recommend to the governing body a standard schedule of pay for each appointive office and position in the City, including minimum, intermediate and maximum rates.
6.
Recommend to the governing body standard personnel policies for City employees, and be responsible for their administration after adoption.
7.
Recommend to the governing body the adoption of such measures as the Manager may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services.
8.
Consolidate or combine offices, positions, departments, or units under his or her jurisdiction, with the approval of the governing body.
9.
Attend all meetings of the governing body, unless excused therefrom, with the right to take part in discussions but not to vote.
10.
See that all municipal laws and ordinances are duly enforced; investigate the affairs of the City or any department or division thereof. Investigate all complaints in relation to matters concerning the service maintained by the City, and see that all franchises, permits, and privileges granted by the City are faithfully observed.
11.
Notify the governing body of any emergency existing in any department under the Manager's supervision.
12.
Keep or cause to be kept a current inventory showing all real and personal property of the City and its location and be responsible for the care and custody of all such property including equipment, buildings, parks and all other City property which is not by law assigned to some other officer or body for care and control.
13.
Devote sufficient time to the discharge of the Manager's official duties.
14.
Adhere to the City Management Code of Ethics as published by the International City/County Management Association.
15.
Perform such other duties as may be required by ordinance or resolution of the governing body, not inconsistent with City ordinances or state law.
2-4-5 - Governing Body Not to Interfere.#
Except for the purposes of inquiry, the Mayor or Council or any of its members shall deal with the administrative service solely through the City Manager and neither the Mayor or Council or any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
2-4-6 - Bond.#
The City Manager shall furnish a surety bond to be approved by the governing body, said bond to be conditioned on the faithful performance of his or her duties. The premium of the bond shall be paid by the City.
2-4-7 - Compensation.#
The City Manager shall receive such compensation as the Council shall fix from time to time by ordinance or resolution.
2-4-8 - Vacancy.#
In the event of a vacancy in the position of City Manager, said vacancy shall be filled by the Council subject to the qualifications hereinabove set forth.
2-4-9 - Position of Mayor Not Delegated.#
The legislative and judicial powers of the Mayor, the Mayoral position as Chairman of the governing body and any ex officio position the Mayor shall hold shall not be delegated to the Manager.
(Ord. 21-07-03, 7/15/2021)
Chapter 5 - City Attorney#
2-5-1 - Office Created.#
The office of City Attorney is hereby created.
2-5-2 - Powers and Duties.#
The City Attorney may represent the City in all civil matters, provide advice and recommendations to the City Council, City Manager and Department Heads, and perform such other duties as requested.
Chapter 6 - City Prosecutor#
2-6-1 - Office Created.#
The office of City Prosecutor is hereby created.
2-6-2 - Powers and Duties.#
The City Prosecutor may prosecute violations of City ordinances and has the same powers in respect to violations of City ordinances as are exercised by a county attorney with respect to violations of state law, including, but not limited to, granting immunity to witnesses for violations of City ordinances.
2-7-1 - Personnel Hearing Officer.#
There is hereby created a Personnel Hearing Officer to hear appeals in connection with the appeal of discharges, suspensions for more than two (2) days without pay or involuntary transfers to positions with less remuneration under the Kaysville City Personnel Rules and Regulations. The Personnel Hearing Officer shall be an Administrative Law Judge as defined by the Kaysville City Code.
(Ord. 17-6-1, 6/6/2017; Ord. 24-02-02, 2/1/2024)
2-7-2 - Appeal Board Procedures.#
Whenever an appeal is taken by any employee of Kaysville City to which Section 10-3-1105, Utah Code Annotated applies, the Personnel Hearing Officer shall thereupon process the appeal according to Section 10-3-1106, Utah Code Annotated.
(Ord. 17-6-1, 6/6/2017; Ord. 24-02-02, 2/1/2024)
2-7-3 - Procedure and Standards of Review at Appeal Hearing.#
1.
Procedure. The City shall first present evidence in support of the employment action. The employee may then present evidence in support of the appeal. The City may thereafter offer rebuttal evidence. Formal rules of evidence shall not apply and procedures applicable to administrative hearings will be followed.
2.
Standard of Review. If the employment action is supported by substantial evidence, the action will be sustained. "Substantial evidence" is defined as that quantum and quality of relevant evidence that is adequate to convince a reasonable mind to support a conclusion. Substantial evidence is more than a mere scintilla of evidence and something less than a preponderance of the evidence.
(Ord. 17-6-1, 6/6/2017; Ord. 24-02-02, 2/1/2024)
Chapter 8 - Administrative Hearings#
2-8-1 - Purpose.#
The City Council finds that the enforcement of the Kaysville City ordinances, policies, regulations, and applicable State statutes is an important public function vital to the protection of the public's health, safety, welfare, and quality of life. Providing a hearing to employees, citizens, and agencies relating to the enforcement of ordinances, policies, regulations, and applicable State statutes through an administrative procedures process conducted by independent, law-trained administrative judges comports with basic due process, simplifies and expedites hearings benefitting the City and citizens, minimizes the impact on the judicial system, and provides flexibility in both the hearing process and in determining remedies and responsibilities.
2-8-2 - Administrative Law Judge.#
1.
The Kaysville City Council shall appoint a qualified individual to serve as the Kaysville City Administrative Law Judge to preside over administrative hearings and function as the appeal authority. An Administrative Law Judge must be an attorney licensed to practice law in the State of Utah and must not be an employee of the City. The appointed individual shall serve for a period of two (2) years per term with no limit on the number of terms should the City Council determine to reappoint the same individual. The Judge may be removed from office by a vote of the City Council.
2.
Administrative Law Judge.
a.
The Administrative Law Judge shall have authority to decide all requests for an appeal from any land use provision of the Kaysville City Ordinances, unless otherwise expressly stated.
b.
An Administrative Law Judge shall have authority to set the date, time, and place for holding an administrative hearing.
c.
An Administrative Law Judge may issue a scheduling order to guide the conduct of the case, to set the limits of any pre-hearing discovery, to provide for the identification of witnesses and their expected testimony, to list and exchange proposed exhibits to approve stipulations regarding facts, applicable law, foundation to exhibits, and to govern such other matters related to hearing of the matter as deemed appropriate.
d.
The Administrative Law Judge holding a hearing shall arrange for the recording of any hearing.
e.
The Administrative Law Judge is empowered to issue subpoenas for the production of documents and things and to complete the appearance of witnesses in the pending action. It shall be unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative hearing. A violation of this Section shall be a class B misdemeanor.
2-8-3 - Appeals.#
1.
Appeals provided for in this Kaysville City Code shall be heard by the Kaysville City Administrative Law Judge, unless otherwise expressly stated.
2.
Appeals must be filed with the Kaysville City Recorder within the applicable time period, and must be accompanied by a filing fee as outlined in the consolidated fee schedule. Appeals must be in writing, dated and signed, and at a minimum state the name, address and phone number of the person or entity making the appeal, the decision being appealed, and a summary of the basis of the appeal.
3.
Parties aggrieved by the decision of the Administrative Law Judge may appeal such decision in the courts of competent jurisdiction.
2-8-4 - Hearings.#
1.
The Administrative Law Judge shall act in a quasi-judicial manner which may include holding an informal hearing within forty-five (45) days after submittal of the appeal or variance. Notice of the hearing shall be given by mailing it to the appellant at the address given in the written appeal at least eight (8) days prior to the hearing.
2.
At the hearing formal rules of procedure, discovery and evidence shall not apply. The Administrative Law Judge shall determine if substantial evidence supports the decision below. The appellant may present his/her case or may be represented by an attorney.
3.
The Judge may uphold the previous decision, overturn it, or make a new decision as appropriate under the circumstances. The Judge shall issue a written decision including findings, which is effective on the date of issuance and is a final decision of the City's administrative process.
4.
A person who fails to appear at a hearing shall be deemed to have waived all rights in connection with the hearing, including the right to appeal. Providing that proper notice has been given, a decision may then be entered against the appellant based upon the failure to appear.
5.
The Administrative Law Judge shall issue a written ruling within forty-five (45) days after the conclusion of the hearing.