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Front Page » December 23, 2008 » Emery County News » Orangeville sets a fee for non-compliance of the developm...
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Orangeville sets a fee for non-compliance of the development code

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Orangeville City opened their December meeting with a word from Orangeville Mayor Bart Cox. He said Christmas is a special time of year and also Thanksgiving helps us remember we have much to be thankful for. He said we live in Christian communities and although we aren't perfect he thinks we should try harder to do the things we should and help others in our community.

"It is very fitting to celebrate the birth of Jesus Christ," said Cox. He also mentioned Pearl Harbor and the many sacrifices our Veterans have made for us in America.

The public comment portion of the meeting brought Phil Fauver to the microphone. He said he didn't think the public announcement concerning the Orangeville ordinances that were going to be discussed at the public hearings were defined clearly enough. If fees are going to be raised he thinks the public should be made aware of what is taking place.

Fauver said he has asked for information from the Mayor and hasn't received the information yet. He thinks animals may have been on the Tuttle property all three years and never removed from the property as he had previously been told. He said he wonders why Orangeville accepts anonymous complaints. People should be willing to come forth with their complaints. "Orangeville seems to want to punish the weakest, like Hitler, it seems like Orangeville goes after the weakest," said Fauver.

The public hearing was next to hear public comments. Matt Orgill said he lives in the subdivision and this was his first time at city council and he thanked the council and said he likes living in Orangeville.

The first item of discussion was comments on the deletion to the civil penalty code Title II Section 3. It now reads in part, civil penalties imposed not to exceed $750. The $750 will be deleted from the section.

The next item was to amend the fee schedule set by Orangeville City regarding any violation to the development code. There is no fee schedule now.

After some discussion it was determined the initial fee will be $250 and $250 a week after that. A violation will initially be notified with a letter saying the party is in violation and which code they are in violation of and the zoning administrator will determine the length of time the party has to come into compliance with 30 days being a guideline, but under some circumstances less time would be given depending on the situation.

After this warning notice period if the party hasn't come into compliance then the fee would be assessed.

Mayor Cox said the city has been required to adopt the Uniform Building Code. This code requires a party get a building permit to reroof a home. Some people aren't aware of this need so some have reroofed without a permit. You do not need a building permit to paint your house.

Council member Carole Larsen said, "We don't want to fine people, if people come into compliance in 30 days there won't be a fine, but they will know now it will cost $250 for noncompliance. In other cities if you didn't get a building permit initially and then you go in after the fact to obtain a permit then the building permit cost is doubled. We aren't trying to be out of line, but people need to comply," said Larsen.

The next item discussed was the annexation fee. The last annexation cost Orangeville City, $576 and they never recouped any of those costs because the annexation wasn't followed through. An amount of $750 for an annexation fee was agreed upon by the council.

The council discussed the deletion from Orangeville code the section which allows special exceptions. LUDMA no longer recognizes special exceptions so it will be removed from Orangeville code. A variance or conditional use permit will still be allowed when obtained through the proper channel in working with the Board of Appeals.

The period of time to file an appeal with the Board of Appeals was changed from 45 days to 30 days. Anyone wanting to file an appeal is responsible for the cost of the appeal and publishing notification.

Orangeville closed the public hearing after the public comments and went back to their regular meeting and agenda.

Wendy Larsen spoke to the council. She is out of compliance on the number of animals allowed on her property. She told the council she has hired an attorney and the route they have decided to take is to disconnect her property from the city. She presented a letter to the council from her attorney requesting the council wait for the issue to be resolved before they begin assessing any fines to Larsen for being out of compliance on the animals. Especially in light of there not being any fines imposed for noncompliance situations in the past and this is a new fee schedule.

The council agreed on the limit for fines which can be assessed for non-compliance to the development code. A fine limit of $2,500 was set.

Orangeville set their 2009 meeting schedule for the second Thursday of each month at 7:30 p.m. and the planning commission meetings at 7:30 p.m. the third Thursday of each month.

The council approved Christmas bonuses for employees of $150 for full time and $100 for part time.

Mayor Cox said one thing he wants to look at next year is Orangeville codes which are more strict than the national code and make adjustments there.

The council decided the city office could close at noon on Christmas Eve. Larsen reported they are still working on the group home.

James Davis councilman in charge of beautification said they are raking mounds of dirt by the bridge and he would like to have power installed outside of the community center on each corner. Davis said he is working on the skatepark plans and plans to have them ready to submit to the CIB in January.

Mayor Cox said they have $500 from the recreation district they need to spend by the end of the year.

Mick Rogers from the audience said he knows some people who will do community service so Davis said to contact him and they can help with the junk tree removal around the welcome park.

Councilman Kevin Reynolds said the Christmas party was a success and they fed 225 people.

A citizen wondered what process you have to go through to get a property disconnect. Mayor Cox said there is a state code, the Utah Municipal code which has a process you must go through. It's quite a process you must have a survey of your property and then petition the city for disconnect.

The person requesting the disconnect is responsible for all fees and costs involved. Even after a disconnect the person is still responsible for paying their portion of any debt service for the city which they just left until that debt is retired.

Mayor Cox said the city could also require that only a portion of the property be disconnected so a peninsula isn't created.

The mayor is having a New Year's Eve party at the city hall and there will be a waffle breakfast right after midnight. Anyone is welcome to attend.

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December 23, 2008
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