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For the purpose of these regulations, the following terms, phrases and words shall have the meaning herein expressed:

(1) Department. means the West Valley City Community Preservation Department.

(2) Director. means the West Valley City Community Preservation Director or his authorized representatives.

(3) Eradicate or Eradication. means the complete elimination or destruction of all ordinance violations relating to landscape, property or buildings.

(4) "Landscape or Landscaping" means the improvement of property through the addition of plants and the eradication of weeds and other deleterious material. Landscaping includes trees and may also include a combination of shrubbery, lawn, and vegetative or non-vegetative permeable groundcover. These may be further complemented with earth berms, walls and fences, all harmoniously combined to produce an aesthetic effect appropriate for the intended use. Landscaping may be designed to enhance and preserve natural features of a site, to make land more attractive for residential or other uses, to screen unattractive uses, or to act as buffers to visually separate different types of uses.

(5) Landscape or Landscaping Maintenance. means maintaining or keeping any landscaping or any area required to be landscaped:

a. in a live condition, with consideration for common growth and water needs;

b. free from weeds, disease, pests, litter and all other nuisances;

c. fertilized, trimmed, edged, mulched and in a clean and living condition in compliance with regionally accepted horticultural practice.

(6) Maintain or Maintenance means when an object, structure, or other ordinance requirement is kept in working order or generally acceptable appearance by conducting necessary or ordinary repairs from time to time to keep such object, structure or ordinance requirement in working order.

(7) Owner. Any person, who alone or jointly or severally with others:

a. Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

b. Has charge, care or control of any premises, dwelling or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, administrator, trustee or guardian of the estate of the owner.

(8) Parkway. means the area, which is within a public street right of way, that is located between the back of the curb (or edge of pavement if there is no curb) and the sidewalk or, if there is no sidewalk, the edge of the right of way. Parkways are often referred to as park strips.

(9) Person. Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, municipal corporation, county, city, political subdivision, or any legal entity recognized by law.

(10) Solid Waste.

a. Garbage, refuse, trash, rubbish, hazardous waste, dead animals, sludge, liquid or semi-liquid waste, and other spent, useless, worthless or discarded materials;

b. Materials stored or accumulated for the purpose of discarding;

c. Materials that have served their original intended purpose; or

d. Waste material resulting from industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational, or community activities.

e. Materials resulting from unmaintained landscaping or buildings whether in a residential, commercial or other zone.

f. Except it does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Chapter 11, Title 26, Utah Code Annotated 1953, as amended, or under the Federal Water Pollution Control Act, 33 U.S.C., Section 1251, et seq. (1.6)

(Ord. No. 05-20 Enacted 04/19/2005; Ord. No. 05-56 Amended 12/20/2005)