Comment
Rate
Nuisance ordinance discussed
By David Anderson - Associate Editor
Attorneys for Richfield City and the owners of an automotive shop traded volleys during a city meeting Oct. 27.
Attorney Justin Heideman, representing United Automotive, told the city council that his clients have a right to keep their business license, even in the face of accusations that their property is in nuisance conditions.
“He has the right to operate as he has operated,” Heideman said. “A change in ordinance or definition cannot make a person a violator.”
United Automotive has been the focus of an ordinance enforcement effort by the city. The property has been classified as a nuisance by the city for having numerous inoperable vehicles and piles of scrap metal and car parts on it.
Heideman presented a plan to the city council that he said would address United Automotive's issues. He said by using 10 or more steel cargo/storage containers to store the vehicles and parts, it would eliminate the eyesore and the nuisance.
Items too large for the storage containers, such as a semi, would be placed between the containers to hide them from view, Heideman said.
However, this plan would be in violation of current city ordinances, which don't allow on-site storage containers in city limits.
Heideman said this could easily be addressed by a variance. He said the case for a variance could be made, since United Automotive's condition predates the city's property maintenance ordinance. He said the same principal can be applied to the company's business license as it has been operated in a consistent manner for 25 years.
“Yes, it's a granted license, but it's also a property right,” Heideman said.
“You've suggested a solution that is in violation of our ordinance,” said Larry Lunnen, council member. He said the city has an ordinance against the containers, and has enforced it several times.
“It's classified as a nuisance, and nuisances are never grandfathered in,” said Richard Chamberlain, city attorney. He said the property has an accumulation of old vehicles and garbage, which is not incident to running a repair shop.
Chamberlain said the property is being used as a salvage yard, which is not in the scope of United Automotive's business license.
The council and Heideman agreed to revisit this issue at the Tuesday, Nov. 10, meeting of the Richfield City Council.
In other business, the council -
€ Approved a $500 sponsorship for Christmas Tree Lane. The event is being organized by the Richfield Area Chamber of Commerce this year.
The money from the sponsorship is set to be used to pay for the Sevier Valley Center's theatre staff during the performances that are hosted during Christmas Tree Lane.
€ Approved its Utah Permanent Community Impact Fund Board list for 2010. This list is used by municipalities to determine which projects could be applied for over the next year.
The new list has an airport expansion and development project, a new fire station and a bike/pedestrian trail system listed as short-term items.
Medium-term items include increasing the depth of a well at the city's airport, replacement of a 1 million gallon water tank, cemetery land acquisition, flood channel improvements, park development and freeway interchange enhancements.
For more local news and information, subscribe to The Richfield Reaper in its entirety.
Click here to subscribe.
Attorney Justin Heideman, representing United Automotive, told the city council that his clients have a right to keep their business license, even in the face of accusations that their property is in nuisance conditions.
“He has the right to operate as he has operated,” Heideman said. “A change in ordinance or definition cannot make a person a violator.”
United Automotive has been the focus of an ordinance enforcement effort by the city. The property has been classified as a nuisance by the city for having numerous inoperable vehicles and piles of scrap metal and car parts on it.
Heideman presented a plan to the city council that he said would address United Automotive's issues. He said by using 10 or more steel cargo/storage containers to store the vehicles and parts, it would eliminate the eyesore and the nuisance.
Items too large for the storage containers, such as a semi, would be placed between the containers to hide them from view, Heideman said.
However, this plan would be in violation of current city ordinances, which don't allow on-site storage containers in city limits.
Heideman said this could easily be addressed by a variance. He said the case for a variance could be made, since United Automotive's condition predates the city's property maintenance ordinance. He said the same principal can be applied to the company's business license as it has been operated in a consistent manner for 25 years.
“Yes, it's a granted license, but it's also a property right,” Heideman said.
“You've suggested a solution that is in violation of our ordinance,” said Larry Lunnen, council member. He said the city has an ordinance against the containers, and has enforced it several times.
“It's classified as a nuisance, and nuisances are never grandfathered in,” said Richard Chamberlain, city attorney. He said the property has an accumulation of old vehicles and garbage, which is not incident to running a repair shop.
Chamberlain said the property is being used as a salvage yard, which is not in the scope of United Automotive's business license.
The council and Heideman agreed to revisit this issue at the Tuesday, Nov. 10, meeting of the Richfield City Council.
In other business, the council -
€ Approved a $500 sponsorship for Christmas Tree Lane. The event is being organized by the Richfield Area Chamber of Commerce this year.
The money from the sponsorship is set to be used to pay for the Sevier Valley Center's theatre staff during the performances that are hosted during Christmas Tree Lane.
€ Approved its Utah Permanent Community Impact Fund Board list for 2010. This list is used by municipalities to determine which projects could be applied for over the next year.
The new list has an airport expansion and development project, a new fire station and a bike/pedestrian trail system listed as short-term items.
Medium-term items include increasing the depth of a well at the city's airport, replacement of a 1 million gallon water tank, cemetery land acquisition, flood channel improvements, park development and freeway interchange enhancements.
For more local news and information, subscribe to The Richfield Reaper in its entirety.
Click here to subscribe.
 |
||
| Parks playing upgrade game |
Article Rating
Reader Comments
Opinions expressed in The Richfield Reaper story comments represent the individual's own views and not necessarily those of The Richfield Reaper. The Richfield Reaper provides an interactive online networking service and does not endorse and is not responsible for statements, advice or opinions offered by anyone other than its authorized spokespersons.
If you feel someone has violated our posting guidelines please contact us (reapered@richfieldreaper.com) immediately so we can remove the post. We appreciate your help in regulating our online community.
RSS
Homer wrote on Nov 3, 2009 4:45 PM: