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Thursday, August 13, 2015

Garden City Administrative Court

Anita Weston, Reporter
Rich Civic Times 

GARDEN CITY, Utah.  August 6, 2015. The Court was presided over by Administrative Judge Brian House.  Sharlene Millard is the Court Clerk and Robert Peterson is the Ordinance Enforcement Officer for Garden City.

The Court was called to order at 10:00 a.m.  Derrick Northrup and his wife appeared before the Judge.  They own a home that has been used as a short-term rental in the Garden City area.  However, they failed to complete the renewal of their short-term rental license.  They did pay the required fee for the license but failed to identify a contact person that could be available to handle any problems that may arise at their home when it is rented.  They had been contacted several times requesting that they either complete the application, or it will be assumed that they no longer were renting their home.

Robert Peterson, the Ordinance Officer, visited the home when there was a group of individuals staying there.   He visited with several individuals staying at the home.  None that he talked to even knew the name of the owner of the home.  He assumed because they couldn’t give him any information concerning the home, that it was being rented.  He wrote up a ticket at that point in time.

Northrup noted that they had allowed his pastor and some of his friends to come and stay at their home without any cost.  He also stated that they had contacted Garden City Councilman Bruce Warner.   Warner had promised them that he would look into the matter and take care of it. 

The license should have been renewed way back in January.  The manager who had taken care of their rental in the past had requested that some work be done on the home to make it more rentable.  They had failed to make any of the requested changes.  As a result, they did not have a contact person to finish out their renewal application.

Ordinarily, a fine would have been required.  However, since Warner had indicated that he would follow up and take care of this item, the Judge felt he could not impose a fine at the present time.  He told Mr. Northrup that he must complete the application within the next two or three days and submit it to the City, or action would be taken and his license would be deemed null and void.

Mary Wagner called on the telephone to talk with Judge House.  She informed the Judge that she had failed to renew her short-term rental license in a timely manner.  She was sent several notices.  She thought she sent in her check after receiving a second notice in June.  Later, she found that she had put the check in with some other papers that were sent to her attorney and not to Garden City.  She finally was able to get everything straightened out and requested that the amount of the fine be reduced.  She noted that she had been remiss, but had tried hard to complete the paperwork.  Judge House reduced the fine to $500.  She thanked him for his willingness to work with her.

Rick Rose, owner of the Dance Place, appeared before Judge House.  He had been cited because of placing off premise signs in several locations without obtaining an off-premise sign permit.  He was concerned because of the amount of the fine.

It was noted that he had been sent three different notices.  The third was sent registered mail because he had apparently ignored the other letters that had been written.  Also, he had numerous signs around the City that are against the City’s sign ordinance.

Rose said that he felt he was not being treated fairly.  He said that he must be the only businessman in Garden City who was being punished for not obeying the sign ordinance.  He had taken his camera and gone around town taking pictures of all of the other businesses that he felt must also not be in compliance and felt all should be cited along with him.

Peterson looked at all of the pictures that had been taken by  Rose and informed him that all of those signs are also on his computer, and that warnings had been given to each of them.  Most of them, however, had acknowledged the warnings and taken care of the problem.  However, this was the first time he had been able to really talk with  Rose.  This issue could have been solved much sooner.  Rose’s trailer with advertising all over it is quite some distance from his property—thus it is an off premise sign.  If  Rose would like to have an off premise sign, he needs to make an application and pay the required fee.  He must also make arrangements with the owner of the property where the off premise sign will be placed.  There were also two other signs that  Peterson removed from the downtown area.

Judge House noted that he felt it necessary to impose a fine.  He would, however, make some allowance since  Rose apparently did not understand the off site sign ordinance.  He was given ample notice to handle the matter sooner but since this was the first time he had appeared before the court, he was fined $600. 

It was brought to  Rose’s attention that signs along the highway must be approved by the State since it is a Scenic Byway.  A Scenic Byway has a special set of rules as far as signs go.  These requirements must be met if signage is placed along any road with this designation.

About another ten names of individuals who have been given tickets were read into the meeting minutes noting that, since they did not appear in court, they were assumed to be guilty and should be billed for the fines that are imposed as a result of not following the City’s ordinances.

Court was dismissed.


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