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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. (1.1)

(2) Director means the West Valley City Community Preservation Department Director or his authorized representatives. (1.2)

(3) Eradication. The complete destruction of weeds by chemicals, root removal or any other method approved by the Department. (1.3)

(4) 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, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. (1.4)

(5) 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. (1.5)

(6) 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. 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)

(7) Weeds.

a. Vegetation that has become a fire hazard;

b. Vegetation that is noxious, a nuisance or dangerous, as determined by the Director;

c. Grasses, stubble, brush, tumbleweeds, clippings and cuttings that endanger the public health and safety by creating a fire hazard; insect, rodent or other vermin harborage, or other nuisance;

d. Poison ivy; and

e. Plants specified as weeds in the Utah Noxious Weed Act, Title 4, Chapter 17, Utah Code Annotated, and its subsequent regulations. (1.7)

(8) Abate means to put an end to any condition which is considered a violation of this Chapter. (1.8)

(9) Deleterious means anything injurious to the health, safety or welfare of other persons. (1.9)

(10) Property means any form of real property, including a habitable structure or any structure that is appurtenant thereto, object, or anything that is visible or tangible. Specifically including, but not limited to, hedges, automobiles, etc. (1.10)

(11) Structure means anything constructed or erected which requires location on or below the ground, specifically including, but not limited to, fences, wells, poles, buildings or sheds. (1.11)

(12) Unsightly means offensive to the visual senses as reasonably determined by the Department. (1.12)

(13) Graffiti means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private structures. For the purposes of Section 10-11-1, et seq., Utah Code Annotated, graffiti is deleterious and unsightly.

(Ord. No. 05-35 Amended 08/16/2005)