405 South Main, Milford, UT 84751 (435) 387-2711

Governmental Organizations

Hand pressing a contact us button on blurred city lights background
Please enter your name.
Please enter a message.

Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

Title 2
GOVERNMENTAL ORGANIZATIONS
Chapters:
2.01 Form of Government
2.10 Municipal Administrative Code
2.11 City Recorder
2.12 Building Inspection Division
2.13 Other Building or Construction Codes
2.15 City Cemetery
2.20 City Manager and/or Council Boards, Commissions, Councils, Agencies, Foundations and Districts
2.26 Library Board
2.27 Milford Tree Board
2.28 Milford City Nuisance Board
2.29 Milford City Recreation
2.50 Municipal Legislative Code
2.60 Section Requirements
2.70 Constitutional Taking Issues

Chapter 2.01
Form of Government
Sections:
2.01.010 Municipal Government
2.01.020 Mayor
2.01.030 City Manager
2.01.040 City Council
2.01.050 Council Seats
2.01.060 Election of Officers
2.01.070 Campaign Disclosure Requirements

Section 2.01.010 Municipal Government
The municipal government of Milford City is vested in two (2) separate, independent and equal branches of municipal government; the executive branch consisting of a Mayor and the administrative departments and officers; and the legislative branch consisting of a city council having five (5) members. The City of Milford hereby establishes a Manager form of government under Section 10.3.830 of the Utah Code Annotated, as amended 1953.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005)

Section 2.01.020 Mayor
The Mayor shall be a resident of Milford City and shall be elected at large for a term of four (4) years with the term commencing at 12 noon on the first Monday of January following the election of officers. The Mayor-elect shall take the oath of office at said date and time or as soon thereafter as is practical. The Mayor shall hold office for a term for which elected, unless sooner removed as provided by law, and until a successor is elected and has qualified.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005)

Section 2.01.030 City Manager
The municipal council by a two-thirds vote of it's full membership, shall appoint a municipal manager.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005; Ordinance 10-2002, Amended, 12/18/2002)

Section 2.01.040 City Council
Each member of the city council shall be a resident of Milford City and shall be elected for a term of four (4) years with the term commencing at 12 noon on the first Monday of January following the election of officers. Council members-elect shall take the oath of office at said date and time or as soon thereafter as is practical. Council members shall hold office for the term for which elected, unless sooner removed as provided by law, and until a successor is elected and has qualified.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005)

Section 2.01.050 Council Seats
The five (5) members of the city council shall be elected to represent all voting districts of Milford City.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005)

Section 2.01.060 Election of Officers
Election of officers shall take place on the Tuesday next following the first Monday in November, of every other year and continuing until otherwise provided by law. All candidates for Mayor or city council shall, as part of filing their declaration of candidacy, specify the office of Mayor or council seat for which they are a candidate. No person may at any election be a candidate for more than one office or council seat.
(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005)

Section 2.01.070 Campaign Disclosure Requirements
1. Definitions
A. Contribution: Includes monetary contributions and non-monetary contributions such as in kind contributions and contributions of tangible things.
B. Expenditure means monetary expenditures and non monetary expenditures such as in kind contributions and contributions of tangible things.
C. Reporting date means: ten days before a municipal general election, for a campaign finance statement required to be filed not later than seven days before a municipal general election and the day of filing, for a campaign finance statement required to be filed no later than 30 days after a municipal primary or general election.
D. Reporting limit means: $50.00 or an amount lower than $50.00.
2. Candidates filing for city office shall file with the City Recorder a signed Campaign Financial Statement:
A. Seven days before the date of the municipal general election, and
B. No later than 30 days after the date of the municipal general election.
3. The statement filed seven days before the municipal general election shall include:
A. A list of each contribution of more than $50.00 received by the candidate, and the name of the donor,
B. An aggregate total of all contributions received by the candidate if the contributions total more than $50.00.
C. A list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure if the total expenditures are greater than $50.00.
4. The statement filed 30 days after the municipal general election shall include:
A. A list of each contribution of more than $50.00 received after the cutoff date for the statement filed seven days before the election, and the name of the donor;
B. A aggregate total of all contributions received by the candidate if the contributions total more than $50.00.
C. A list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure if the total expenditures are greater than $50.00.
5. Candidates for elective municipal office who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this section not later than 30 days after the primary election.
6. Any person who fails to comply with this section is guilty of an infraction.
7. If a candidate fails to file a campaign finance statement before the municipal general election by the deadline specified in Subsection 2, the municipal clerk or recorder shall inform the appropriate election official who:
A. shall:
1. if practicable, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters; or
2. if removing the candidate's name from the ballot is not practicable, inform the voters by and practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and
3. may not count any votes for that candidate.
a. Notwithstanding Subsection 6, a candidate who files a campaign finance statement seven days before a municipal general election is not disqualified if:
1. the statement details accurately and completely the information required under Subsection 3, except for inadvertent omissions or insignificant errors or inaccuracies; and
2. the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.

(Ord. Ordinance 6-2005 Form of Government, Amended, 08/18/2005; 13-2001, Added, 07/17/2001, New Ordinance passed 7/17/01)

Chapter 2.10
Municipal Administrative Code
Sections:
2.10.010 Purpose
2.10.020 Government Organization
2.10.030 Mayor - Functions and Duties
2.10.040 City Manager - Delegation and Assignment of Duties
2.10.050 Organization of the Office of Mayor
2.10.060 Delegation and Assignment of Duties
2.10.070 Executive Committees and Miscellaneous
2.10.080 Vacancy in the Office of the Mayor - Absence or Incapacity - Appointment of Successor
2.10.090 Administrative Organization
2.10.100 Office of Budget and Management Planning
2.10.110 Office of Legal Service
2.10.120 Office of Personnel Service
2.10.150 Department of Finance and Central Services
2.10.160 Department of Airport
2.10.180 Department of Engineering
2.10.190 Department of Public Services
2.10.200 Department of Water Resources
2.10.230 Department of Parks and Recreation
2.10.240 Department of Library Resources
2.10.250 Public Works Director
2.10.260 Department of Information Systems
2.10.270 Code Enforcement Officer
2.10.280 Proclamation of Emergency - Powers
Section 2.10.010 Purpose
It is the intent and purpose of this chapter to establish and to clarify the organization and operation of city offices or departments and to provide for an orderly means of conducting the administration of city government. Pursuant to Chapter 3, Title 10, Utah Code, this chapter provides for the division of executive and administrative operations into departments, divisions, and bureaus, and the definition of the duties and functions of each. This chapter constitutes the Municipal Administrative Code of the city.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.020 Government Organization
1. The municipal government of Milford City is divided into separate, independent and equal branches of government:
A. the executive branch, which consists of the elected Mayor of the City of Milford as the chief officer with the attendant executive and administrative offices and departments; and
B. the legislative branch, which consists of a city council and their staff.
2. The Mayor shall be elected at large by the voters of the municipality and shall exercise the executive powers of the government.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.030 Mayor - Functions and Duties
The Mayor shall be the chief executive officer of the city and its official head for ceremonial purposes. The Mayor’s powers and duties include but are not limited to the following:
1. Supervise the administration and enforcement of all laws, sections of the Milford City Code and other ordinances of the city;
2. Execute the policies adopted by the council as reflected by council resolutions, the Milford City Code or by other city ordinances which are consistent with State Law;
3. Make appointment to city committees, boards, commissions, and other advisory bodies of the city (except as may otherwise be specified by law) after having received the advice and consent of the council on each separate, prospective appointment as provided or required in State law, and removing the same.
4. Administer and exercise control of all executive and administrative offices/departments of the city.
5. Supervise and/or coordinate the administrative functions of those authorities and agencies which are related to or effect city operations, such as housing and redevelopment, to the extent requested or delegated by the officers or bodies having primary responsibility for the operation of such authorities or agencies.
6. Attend all meetings of the council with the right to take part in all discussion and the responsibility to inform the council of the condition and needs of the municipality and make recommendations and freely give advice to the council, except that the Mayor shall not have the right to vote in council meetings except in case of a tie vote of the Council.
7. Recommend to the council for adoption such measures as may be deemed necessary or proper for the efficient and proper operation of the city.
8. Appoint, with the advice and consent of the city council and advice of the City Manager, a qualified person to each of the offices of Recorder, Treasurer, Engineer and Attorney, and removing the same.
9. Create any other offices as may be deemed necessary for the good government of the municipality. Regulate and prescribe the powers and duties of all other officers of the municipality, within the general provisions of the law, the Milford City Code and other ordinances, establishing with the advice of the City Manager job descriptions, job functions, job classifications or reclassifications and compensation therefore, within the parameters of the pay scale and classification schedules as adopted by the city council and the budget appropriations which are consistent with State Law.
10. Authorize the issuance of such executive rules and regulations for the general operations of the city which are not in conflict with the laws of the State, the Milford City Code or other city ordinances.
11. Perform such other duties as may be prescribed or permitted by law including: issuing proclamations, or performing such other duties as may be prescribed by this part or may be required by the Milford City Code or other ordinance not inconsistent with this section.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.040 City Manager - Delegation and Assignment of Duties
1. Faithfully execute and enforce all applicable laws, ordinances, rules and regulations and see that all franchises, leases, permits, contracts, licenses and privileges granted by the municipality are observed.
2. Carry out the policies and programs established by the Council.
3. Organize and direct the management of the executive affairs of the municipality in a manner consistent with this act and with municipal ordinances.
4. Act as budget officer for the purpose of complying with the requirements of the uniform municipal fiscal procedures act.
5. Submit the proposed annual budget and the proposed annual salary plan to the Mayor and City Council for their approval.
6. Make recommendations to the Mayor and City Council for a qualified person to each of the offices of Recorder, Treasurer, Engineer and Attorney and hire any other employees as may be deemed necessary for the good government of the municipality; and regulate and prescribe the powers and duties of all other officers of the municipality except as provided by law or by ordinance.
7. Examine and inspect the books, records and official papers of any office, department, agency, board or commission of the municipality and make investigations and require reports from personnel.
8. Appoint, subject to the provisions of this act and of the municipal administrative code, and with the advice and consent of the Council, suspend and remove heads of municipal offices, departments and agencies and assist the Mayor with all appointive officers of boards and commissions.
9. Establish standards, qualifications, criteria and procedures to govern the appointments, by heads of offices, departments and agencies or by other authorized officers of divisional officers, assistants, deputies and employees within their respective organizational units, subject to any applicable provisions of the merit system and municipal administrative code.
10. Furnish the city council with a monthly report, setting forth the amounts of all budget appropriations, the total disbursements to date from these appropriations, and the amount of indebtedness incurred or contracted against each appropriations (including disbursements and indebtedness incurred and not paid) and the percentage of the appropriations encumbered to date, which reports shall be made available for public inspections.
11. Preparing and submitting to the council:
A. a state of the city report to coincide with submittal of the budget.
B. an annual report of the city’s financial affairs, within 180 days following the close of the city’s fiscal year (as established by State Law).
12. Subject to the requirements of statutes, the Milford City Code and other ordinances now or hereafter lawfully enacted, supervise the purchase of materials or services and otherwise authorize expenditures of funds on behalf of the city as outlined in the Uniform Fiscal Procedures Act or other State Laws and City Ordinances.
13. Submit to the Council plans and programs relating to the development and needs of the municipality and annual and special reports concerning the financial, administrative and operational activities of the municipal offices, departments, agencies, boards and commissions together with his evaluation and recommendations relating to them.
14. Act as Director of all departments includes in this chapter except Office of Legal Services.
15. Attend all meetings of the Council and take part in its discussions and deliberations, but without the right to vote, unless at their request, he/she is excused by the Mayor.
16. Appoint, with approval by majority vote of the full membership of the City Council, an acting municipal manager to serve in their absence or temporary incapacity to perform the powers and duties provided for in this part.
17. The municipal manager shall be the officer to whom all employees of the municipality shall report and the manager shall in turn report to the Mayor and City Council.
18. Discharge any other duties specified by statute or imposed by the City Council.
19. Perform such other duties and exercise such other power as may delegated to him/her from time to time by ordinance or resolution or other official action of the Mayor and City Council.
20. The legislative and judicial powers of the Mayor, his/her position and Chairman of the governing body and any ex-officio position the Mayor shall hold shall not be delegated to the municipal manager.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.050 Organization of the Office of Mayor
Subject to the limitations and requirements of applicable budget appropriations, the Mayor shall have the authority to appoint and remove assistants and officers who shall perform such functions and duties as may be assigned to them by the Mayor. In order to provide proper staff and management services to the City and its departments, the Mayor is authorized to establish within the Office of the Mayor such offices, divisions or sections as may seem necessary or proper for the purposes aforesaid.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.060 Delegation and Assignment of Duties
From time to time the Mayor shall.
1. On the first meeting in January of each and every year, the Mayor shall present to the City Council his recommendations for assignment of the various departmental responsibilities.
2. Assign or reassign personnel between any section or division of the Office of the Mayor; and
3. Transfer functions, duties, services and assign or reassign personnel from , to or between any section or division of the Mayor’s office and between and among any of such administrative departments and divisions or sections of the administrative organization of the City.
4. The legislative and judicial powers of the Mayor, his/her position and Chairman of the governing body and any ex-officio position the Mayor shall hold shall not be delegated to the municipal manager.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.070 Executive Committees and Miscellaneous
1. The Mayor may administratively establish, from City personnel and private citizens, committees to assist and provide counsel.
2. Various boards, committees and commissions established under the Milford City Code or otherwise by ordinance, other than legislative committees, shall report to and coordinate with or have liaison with the Mayor or the Mayor’s designee unless otherwise stipulated be State code. These organizations include, but are not limited to the Milford Library Board, Board of Adjustment, Planning and Zoning Commission, Industrial Board, Affordable Housing Board and Tree Board.
3. Other boards, committees or commissions not otherwise provided for in this administrative code portion of the Milford City Code or other administrative ordinances when reporting to the executive branch shall report to, coordinate with or have City liaison with the Mayor or the Mayor’s designee.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.080 Vacancy in the Office of the Mayor - Absence or Incapacity - Appointment of Successor
1. If the duly elected Mayor should die, resign, terminate legal domicile within the corporate limits of Milford City or be judicially removed from office, the Office of the Mayor shall become vacant. The council shall within 30 days after such vacancy appoint a resident of Milford City, who is otherwise qualified to be elected Mayor to fill the vacancy. The person so appointed shall serve as Mayor until the next municipal election when a successor can be elected and qualified.
2. Councilchair, Acting Mayor. Until a successor Mayor is appointed by the council as above provided, the chairperson of the council shall be the acting Mayor.
3. Absence or Incapacity of the Mayor. The absence of the Mayor from the City or the temporary physical or mental incapacity of the Mayor shall not be deemed to cause a vacancy in the Office of the Mayor. However, if the Mayor shall judicially be determined to be totally or “permanently” incapacitated (either physically or mentally) to an extent that the said elected or appointed Mayor cannot perform the Mayoral functions for the remainder of his/her unexpired term, the office of the Mayor shall be deemed vacant and shall be filled, as above described in subsection 1 of this section.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.090 Administrative Organization
Subject to the limitations and requirement of applicable budget and appropriations, the City’s administrative organization shall consist of offices, administrative departments, divisions and sections. Each administrative department shall be identified and have the duties, functions and responsibilities as hereafter generally designated and as assigned by the City Manager with advice and consent of the Mayor and City Council.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.100 Office of Budget and Management Planning
1. The Budget Officer shall administer the Office of the Budget and Management Planning.
2. The Budget Officer shall have charge of and be responsible for:
A. conducting internal audit services
B. performing trend analysis such as future revenue projections;
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.110 Office of Legal Service
1. The City Attorney shall be the Chief Legal Officer of the City and shall be responsible to the Mayor for administration of the Office of Legal Services and to the Mayor and city council for the proper administration of the legal affairs of the respective executive and legislative branches of City government. Said Attorney, or his/her designated deputies or assistants, shall have the following responsibilities:
A. prosecution of all charges of violations of any section within the Milford City Code or other municipal ordinances and City regulations in the courts or administrative tribunals.
B. prosecution and defense of all actions and appeals involving the City in all courts and before all boards, commissions and administrative agencies.
C. to furnish legal advice, counsel and assistance to the Mayor, the city council and all other officers, offices, departments, boards, commissions and agencies, in relation to their duties and the business of the City;
D. to direct and/or coordinate as determined by the administration or council respectively all legal services performed by special counsel for the City who may be employed from time to time to provide legal services for the City;
E. to prepare as requested or approve as to legal form all ordinances and resolutions presented to the Mayor or city council;
F. to approve as to legal form all contracts entered into by the City;
G. to make the necessary affidavits and verifications on behalf of the City in any and all proceedings;
H. to assist in property acquisition and disposition as directed by the Administration.
2. The foregoing notwithstanding, the City Attorney shall not in any instance, either personally, or by his deputies, act as bother prosecutor or advocate before and at the same time advisor to any board, commission, agency, officer, official, or body of the City. In cases where such conflict shall arise the Mayor may employ special counsel who shall not be subject to the control or direction of the City Attorney in such manner, and who shall act as advisor to such board, commission, agency, officer, official, or body.
3. Nothing herein shall be construed to prohibit either the city council or Mayor from retaining separate counsel to assist in legal issues, arising out of differences between the two branches.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.120 Office of Personnel Service
The Personnel Director shall have the charge of and responsibility for:
1. The administration of all personnel functions of the City.
2. Providing staff and clerical support for wage and salary administration, recruitment, testing and selection, fringe benefit administration classifications of positions, organizational analysis, productivity analysis and employee training and safety.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.150 Department of Finance and Central Services
1. Functions. The Department of Finance shall have charge of and be responsible for central support and financial services required by city operations. Included in these services shall be purchasing, cash management and investment, accounting, inventory control, licensing, recording of all public documents of or for the city, and elections.
2. City Auditor. The Director of the Department of Finance and Central Services shall perform those duties outlined in the Uniform Fiscal Procedures Act of the State, excepting those duties specifically outlined for the Budget Officer.
3. City Treasurer. The functions of the City Treasurer shall be assigned to the department under the administrative direction of the director. The City Treasurer shall:
A. Supervise the collection of all taxes, assessments, fines, forfeitures, service charges, intergovernmental revenue, licenses, fees, and other revenues of the city as provided for by applicable laws the Milford City code and other ordinances;
B. Be responsible for the disposition of city revenues;
C. Provide for the investment of idle cash.
D. Make all disbursements of funds of the City subject to budget appropriations.
E. Keep an accurate and detailed accounting of all transactions, receipts, disbursements and other matters within the Treasurer’s charge as provided in the Uniform Fiscal Procedures Act and as the City may be the Milford City Code, other ordinance or resolution direct.
F. Maintain legally required balances in sinking fund accounts, and special improvement district guarantees funds account.
G. Record the bond of the City Recorder as required by Section 10-3-825, Utah Code as amended.
H. Execute all checks of the City consistent with State law.
I. Collect all special improvement assessments and foreclose all delinquencies therein; and
J. Those other matters prescribed by State law.
4. City Recorder. The function of the City Recorder shall be assigned to the department, under the administrative directive of the Director of Finance; however, the city council shall have equal and independent access for services with respect to recording or retrieval of records for legislative functions. The City Recorder shall:
A. Keep the corporate seal and all official papers and records of the City;
B. Keep a record of the proceedings of the City as required by law.
C. Seal and attest all legal documents of the City; and
D. Do those other matters prescribed by State law.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.160 Department of Airport
Reserved
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.180 Department of Engineering
1. The Department of Engineering shall have charge of and be responsible for:
A. The supervision of design and construction of public works projects for the City;
B. The supervision and coordination of all construction work or alterations carried out within the public ways of the City,
C. Review of all private engineering designs of developers and utilities including subdivisions, commercial developments, planned unit developments and residential construction.
D. Traffic engineering, design, construction and maintenance, and
E. Survey and inspection of all City-wide projects.
2. City Engineer. The position of City Engineer shall be assigned to the Department of Engineering. The City Engineer shall be a registered professional engineer of the State of Utah and shall be responsible for the review, supervision and acceptance of all engineering architectural design and construction work required by or for the City, except as otherwise assigned within the Milford City Code or other ordinances to other departments or officials of the City; the coordination and supervision of all construction work done within the public rights-of-way of the City, and the records of public improvements as prescribed by State statute. Said duties may be delegated as deemed prudent and appropriate, as well as other duties and functions as prescribed by State law.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.190 Department of Public Services
The Department of Public Services shall have charge of and be responsible for:
1. Coordinating with Special Service District #5 Solid Waste Management.
2. Streets, including the operation and maintenance of streets, parkways, flood control and other public ways and facilities. All owners, as recorded with the Beaver County Recorder, of lot(s), parcels(s) in the City regardless of zoning, size or exemption shall be responsible to maintain, keep clear, repair or replace any curb, gutter, sidewalk, driveways or portions of same that share common boundary with the lot(s), parcel(s) and all abutting roadway.
3. Fleet management including;
A. The management and coordination of all City vehicle service equipment and tools.
B. The maintenance of records that would indicate the performance and costs of all equipment assigned to fleet management.
C. The management and dispensing of all fuel for City use.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.200 Department of Water Resources
The Department of Water Resources shall have charge of and be responsible for:
1. The acquisition, transportation, storage, treatment and distribution of all irrigation and potable water for the City and its customers within the designated service areas, including but not limited to:
A. Monitoring and controlling watershed lands to protect the water supply for the City;
B. Constructing, operating and maintaining all water sources from which the domestic supply is or may be taken;
C. Constructing, operating and maintaining all reservoirs, pump stations, water mains, city fire hydrants and appurtenances (however, nothing in sub-paragraph (b) and (c) preempts the supervisory role of the Engineering Department for projects located in the public rights-of-ways);
D. Operating and maintaining irrigation dams, or designated flood control structures, gates, canals and ditches necessary for the proper control and distribution of irrigation water and all non-street related flood water;
E. Providing the City Engineer with accurate records of the locations and other essential information on mains, valves, reservoirs, wells, fire hydrants, canals, ditches and other related facilities and water rights owned by the City;
F. The collection, treatment and disposal of all waste water (sewage) generated within the City and its designated service areas.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.230 Department of Parks and Recreation
The Department of Parks and Recreation shall have charge of and be responsible for:
1. The general supervision, design and management of all recreational, leisure and cultural activities or programs of the City; and
2. The general supervision, maintenance, upkeep and control of those public grounds as designated by the Executive, and all city operations and maintenance as designated by the Executive.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.240 Department of Library Resources
The Department of Library Resources shall have charge of and be responsible for:
1. The general supervision and management of Library Services including the implementation of library policy in accordance with advice from the Library Board and approval by the Mayor or his/her designee:
2. Responsibility for:
A. Children’s section
B. Adult Section
C. Audio Visual Section
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.250 Public Works Director
The City Manager may direct that the Director of the Department of Water Resources, the Director of the Department of Engineering, or the Director of the Department of Public Services concurrently serve as Director of Public Works. The Director of Public Works shall exercise such supervisory powers over the Resources, Engineering and Public Service department, including their operations and personnel.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.260 Department of Information Systems
There shall be a Department of Information Systems, which shall provide information systems services to all departments of the city. Functions of the Department of Information Systems shall include the maintenance and operation of computer systems and communication systems and the development and review of software. Said department shall assist in technical matters related to the foregoing
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.270 Code Enforcement Officer
The Mayor or City Recorder upon advice and consent of the council may appoint city employees to serve as code enforcement officers. Code enforcement officers shall have the authority to enforce violations of the Milford City Code and other City ordinances which do not pose an imminent threat to life or property. Code enforcement officers shall have discretion to issue citations to persons who violate any portion of the Milford City Code or other Milford City ordinances to notify them of the violation and to require that they repair, fix or otherwise correct the violation within a reasonable period of time. If the violation has been corrected the citation may be dismissed by the code enforcement officer. If the violation has not been corrected within the required period of time, the code enforcement officer may refer to Chapter 3.01 for the administrative enforcement of the violation. Per this section, the Code Enforcement Officer means any person authorized by the City to enforce violations of the Milford City Code or applicable state codes including, but not limited to zoning officers, police officers, building inspection officials, fire marshal and animal control officers.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Section 2.10.280 Proclamation of Emergency - Powers
1. By proclamation, the Mayor may do any of the following when an emergency exists threatening injury or damage as a result of riot, mob action, civil disturbance, social disruption, attack, natural phenomena, chemical or hazardous waste, technological hazard or similar event or happening.
A. Impose a curfew upon all or any portion of the city thereby requiring all persons in designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel performing essential public services, firefighters, law enforcement officers, city officials and other persons authorized by law or requested by city officials or their agents shall be exempt from such curfew;
B. Order the closing of any business establishment, public street, thoroughfare, alley, park or other areas anywhere within the city for the period of the emergency;
C. Regulate the supply of goods and services anywhere within the city for the period of the emergency;
D. Call upon regular and auxiliary fire or law enforcement agencies and organizations, within or without the city, to assist in preserving and keeping the peace within the city;
E. Issue such other orders as are imminently necessary for the protection of life and property, including those authorized in Chapter 5 or 5a of Title 63, Utah Code, as amended; and
F. Issue orders as are imminently necessary for the protection of the public’s health, safety, morals and general welfare, including but not limited to, the taking of property, subject to constitutional requirements and rights requiring due process of the law and the providing of just compensation.
2. The proclamation of emergency provided for in this section shall become effective upon its execution by the mayor and dissemination to at least one (1) news media source having a general circulation within the city in order to give the public reasonable notice of the proclamation.
3. The proclamation shall state:
A. The nature of the “local emergency”;
B. The area or areas threatened; and
C. The condition which caused the emergency.
4. The proclamation shall not be continued or renewed for a period in excess of thirty (30) days except by or with the written consent of the municipal council, as established by resolution.
(Ord. Ordinance 8-2005 Administrative Code, Amended, 09/21/2005)

Chapter 2.11
City Recorder
Sections:
2.11.010 Office Appointive - Deputies
2.11.020 Duties
2.11.030 Accounting for Money, Records, Seal - Countersign Contracts - Keep Records
Section 2.11.010 Office Appointive - Deputies
The City Manager, with the advice and consent of the city council, shall appoint a qualified person to the office of City Recorder, who shall have such powers and perform such duties as are now or may hereafter be provided by law, the Milford City Code or other ordinance. The City Recorder may appoint an ad hoc deputy or deputies as is required from among the existing employees of the city as are necessary to assist in the Recorder’s public duties. Such ad hoc appointment shall not affect the existing job status or salary of the deputy.

Section 2.11.020 Duties
1. The City Recorder shall keep the corporate seal, and the Recorder or deputy shall attend the meetings and keep the record of the proceedings of the city council.
2. Copies of all papers filed in the Recorder’s office and transcripts from all records of the city council, when certified by the Recorder under the corporate seal, are admissible in all courts as originals.
3. Unless the city council shall otherwise direct, the Recorder shall charge a reasonable fee, the amount of which shall be fixed by the Mayor, for the following:
A. For copy of any resolution, ordinance, record or other document on file or of record in the Recorder’s office.
B. For searching records.
C. For affixing the certificate and seal of the City.

Section 2.11.030 Accounting for Money, Records, Seal - Countersign Contracts - Keep Records
1. The City Recorder shall pay into the city treasury all monies belonging to the city coming into the Recorder’s hands by virtue of the Recorder’s office and shall deliver to his or her successor in office the corporate seal, together with all books, papers, records and other property in the Recorder’s possession belonging to the City.
2. It shall be the Recorder’s duty to countersign all contracts made on behalf of the city; and the Recorder shall maintain a properly indexed record of all such contract and shall record, in order of date passed, all ordinances, orders and resolutions passed by the city council in a book or books to be kept for that purpose and shall keep a separate book for minutes of the proceedings of the city council, which record shall at all times be open to public inspection. The Recorder shall keep records proved for that purpose to contain the names of all persons elected or appointed to any office within the city, the date of their appointment and the term of office and the dates of death, resignation or removal of any such officer and the names of persons appointed to fill any vacancy so created.

Chapter 2.12
Building Inspection Division
Sections:
2.12.010 Building Official
2.12.020 General Provisions
2.12.030 Electrical Installation
2.12.040 Plumbing Inspection
Section 2.12.010 Building Official
1. Building Official. There is hereby created the position of building official who shall also be known as the municipal building inspector.
2. Stop Order. The building inspector shall have the power to order all work stopped on construction, alteration or repairs of buildings in the municipality when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the subdivision or zoning ordinance. Work shall not be resumed after the issuance of such order except on the written permission of the inspector, provided that if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer or authorized person.
3. Entry Powers. The building inspector shall have the power to enter into any building or the premises where the work of altering, repairing, or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour.
4. Additional Duties of Building Inspector. The building official (inspector) shall in addition to all other duties imposed on him by this municipality:
A. Enforce the provisions of the Uniform Building Code.
B. Inspect all buildings, structures, ditches, signs, fences and objects to determine their safety and effect on the persons who are within this municipality.
C. Until such time as a plumbing inspector is appointed or designated, the building inspector shall be responsible for enforcing part 9-560 of this title.
D. Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
1. be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure,
2. use construction materials and utility equipment that are resistant to flood damage, and
3. use construction methods and practices that will minimize flood damage.
E. Review subdivision proposals and other proposed new developments to assure that:
1. all such proposals are consistent with the need to minimize flood damage,
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and
3. adequate drainage is provided so as to reduce exposure to flood hazard.
F. Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

Section 2.12.020 General Provisions
1. Permit Required - Exceptions.
A. It shall be a Class C misdemeanor for any homeowner and a Class B misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a fence, without first securing the permit required by this chapter.
B. This section shall not apply where the retail cost of the materials used in the construction or alteration is less than $1000.00, except that it shall apply in the cases where the construction or alteration results in an enlarged structure or affects the walls of the building or structure. A $10.00 fee will be required to register for non-structural improvements such as roofing, siding and concrete work. Registration is for purpose of verification of contractors license and notification to the County Assessor.
2. Application for Permit. A building permit shall be secured from the Recorder/clerk on written application accompanied by plans and specifications in duplicate which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.
A. If the applicant is not the owner of the property involved, the applicant must file a signed statement that he has a current contractor's license from the State of Utah and a local business license issued by the jurisdiction where such person has his principal place of business with the state license number included in the application.
B. If the applicant is the owner of the property involved, he shall claim any exemption from the contractor's licensing law in his signed statement and if the applicant intends to hire a contractor to perform any work under the permit, that the license number be included on the application, but if a contractor has not been selected at the time of the application for a permit, the permit shall be issued only on the condition that a currently licensed contractor will be selected and the license number of the contractor will be given to the Recorder/clerk.
C. The contractors license number shall be affixed to each building permit for public display.
3. Approval of Plan. The application and plans shall be forwarded from the Recorder/clerk to the building inspector, who shall review the plan to determine whether the proposed construction or alteration conforms to the building codes and ordinances of this municipality. The building inspector shall return the plans to the Recorder/clerk within ten days with the statement "approved" if the plans do conform or "disapproved" if the plans do not conform. If the plans are disapproved, the reasons therefore shall be annexed to the plans. On receipt of an approved plan, the Recorder/clerk shall issue a permit to the applicant together with one set of the approve plan. One set of the plans shall be retained by the building inspector. The building inspector may revoke at any time a permit which has been issued for any building constructed or being constructed or which would be or result, if constructed, in a violation of any ordinance of this municipality.
4. Variations of Plan Prohibited. No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building inspector.
5. Fee Schedule. The clerk/Recorder shall collect a fee for the application of a permit in the amount set forth in the appropriate appendix of this code.
6. Electrical Inspection. The building inspector shall perform all functions of electrical inspection and shall among other things, inspect and supervise the construction, installation, and repairs of all electric light and power wiring, fixtures, appliances, or apparatus installed within the limits of the municipality and shall require compliance with the provisions of the electrical code. The building official shall require the correction of such defects as he deems actually dangerous to life or property. Those same enforcement standards established in the Uniform Building Code shall be followed by the building inspector for all electrical work.
7. Permits and Inspections. No alterations or additions shall be made in existing wiring, nor shall any wiring or any apparatus which generates, transmits, transforms or utilizes any electricity be installed without first obtaining a permit therefore except minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for such permit describing such work shall be made in writing and shall conform as far as practicable to the requirements set forth in Section 9-522 of this title. This section shall not apply to installations in power houses and substations belonging to electric light companies. No permit shall be issued to any applicant for a permit during the time that he shall fail to correct any defective electrical installation after he has been duly notified to correct such defective work by the building inspector.
8. Permit Fees. Electrical permit fees applicable in this municipality for use under the National Electrical Code, 1984 Edition, shall be the amount set forth in the appropriate appendix to this code.
9. Electrical Disturbances. Electrical installations for signs, equipment, or other facilities create electrical disturbances that cause interference with normal radio or television reception beyond the immediate vicinity of such electrical installations are hereby declared to be a nuisance. The owners or operators thereof shall so install and maintain such installations as to avoid or eliminate such interference, using all known means and devices for such purpose, such as proper grounding, connections, condensers, resistors and live chokes.
10. The building official shall withhold or withdraw approval of any electrical installation causing the above disturbance, and is hereby authorized to take all steps necessary for the abatement of such conditions.

Section 2.12.030 Electrical Installation
1. Electrical Installations - Business License Required. No person shall engage in installation, alteration, repair, or construction of any electrical work, wiring, fixtures, appliances, or equipment inside or outside of any building, except work done for or on the property of the municipality, without first securing a business license and paying the fee therefore provided in Section 6.01.020 of this chapter.
2. Notification. It shall be unlawful for any person to do or cause to be done any electrical wiring or other electrical installation in the building or structure within the municipality without first notifying the building inspector of the kind and nature of such electric wiring or other electrical installation and the location of the building or structure in which the same is to be installed.
3. Inspection. All electric wiring or other electrical installation shall be subject to supervision and inspection by the building inspector. It shall be unlawful for any person to do or cause to be done any electrical wiring or electrical installation without first obtaining a building permit.
4. Unlawful Installation - Disconnection. If the building inspector shall find any part of any electric light or power wiring, appliance, apparatus, or fixtures in or upon any building in the municipality to have been installed without permit, or installed not in accordance with the provisions of the Electrical Code or to be dangerous to life or property, the inspector shall have the right and power to disconnect such defective work, fixtures, appliances, or apparatus and place a seal upon the same, and shall at the same time give written notice of such disconnection to the owner or occupant of the building.
5. After such disconnected wiring, fixtures, appliances, or apparatus have been put in the condition required by this part, the seal so placed shall be removed by order of the inspector.
6. Notification to Inspect. Upon completion of the installation of any electrical wiring, fixtures, appliances, or apparatus in or on any building, it shall be the duty of the person doing the work to notify the building inspector who shall cause the same to be inspected and, if approved, to issue a certificate of inspection which shall contain the date of such inspection and a statement that the installation is approved.
7. It shall be unlawful for any person to turn on or connect current with such installation until such certificate shall be issued and it shall also be unlawful to make any alteration, or extension in or on the installation of any electrical wiring, fixtures, appliance, or apparatus in or on any building after inspection without notifying the municipal wiring inspector and securing a permit to do so.
8. The requirement of permits, inspection and supervision shall not apply to minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, and repairing drop cords, and wiring for appliances and devices operation at less than 25 volts.

Section 2.12.040 Plumbing Inspection
1. Application and Scope. The provisions of this part shall apply to, but not be limited to, all new construction, relocated buildings, and to any installation, alteration, repair or reconstruction of a plumbing system within the municipality except as otherwise provided in this part.
2. Plumbing Inspection - Duties. There is hereby created the position of plumbing inspector.
3. The plumbing inspector shall issue permits to properly licensed, bonded and registered persons. Licensing should be for work to be done within the scope of this part. The plumbing inspector:
4. Shall order changes in workmanship and/or materials essential to enforce compliance with all provisions of the plumbing code.
5. Shall investigate any construction or work regulated by this part and issue such notices and orders as are necessary to prevent or correct dangerous or unsanitary conditions.
6. May recommend the revocation of any license to the State Department of Business Regulation for cause, and report to the department of regulation all violation of this part by journeymen, apprentices or contractors.
7. Allowance for Exception to Ordinance. Where structural conditions impose extreme difficulty I fully complying with the plumbing regulations of this part, any aggrieved party may apply in writing to the plumbing inspector for special permission to deviate from the regulations. If in the judgment of the plumbing inspector such deviation is reasonable and does not create an unsanitary or unsafe condition, he shall recommend to the governing body that the request for deviation be approved or disapprove, or that approval is subject to such conditions as the governing body may require. The governing body, on review, may approve or disapprove the application or vary the condition on which approval is granted.
8. Right of Entry Granted. The plumbing inspector shall have the right of entry within reasonable hours to any building or premise for the purpose of inspection or to investigate any work or conditions governed by this part.
9. Power to Condemn Granted. The plumbing inspector is hereby empowered to condemn and order repaired, removed, replaced or changed any plumbing found in any unsanitary condition or not in accordance with this part. Failure to comply with the order within a reasonable time is an infraction.
10. Interest in Sale or Installation of Equipment Prohibited. The plumbing inspector and his assistants shall not in any way engage in the sale or installation of plumbing upon which they are required to make inspection hereunder.
11. Permits Required. No plumbing shall be installed, no additions or alterations made in existing plumbing except as proved in Section 9-572 without first obtaining a permit. Application for such permits shall be in writing to the Recorder/clerk and shall describe the nature of the work to be done and affirm that the plumbing will conform to the plumbing code. No permit shall be issued to any applicant during the time he shall fail to correct any defective plumbing installed by him after he has been notified in writing by the plumbing inspector of defective work.
12. Revocation of Permit. The plumbing inspector may revoke any permit when the person to whom the permit is issued fails, neglects, or refuses to do the work thereunder in conformance with this part, or when the permit is issued in error.
13. Expiration of Permit. Every permit issued by the plumbing inspector shall expire and become null and void if work authorized by such permit is not commended within sixty days from the date such permit is issued, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and twenty days or more.
14. Denial of Permit. The plumbing inspector may refuse to issue permits for any plumbing work to any person who has had a permit revoked in accordance with this part during such time as such person fails to perform plumbing work in conformance with this part.
15. Permits Not Required. Repairs which involve only the working parts of a faucet or valve, the clearance of stoppages, the repairing of leaks or the replacement of defective faucets or valves may be made without a permit provided that the permits shall be procured to replace fixtures, traps, soil, waste, and vent pipes unless waived by the plumbing inspector.
16. Any person regularly employed by an owner or lessee of property, or his agents, for the sole purpose of operating and maintaining such property and to make minor repairs thereof, and any owner or lessee of property shall be exempt from the provisions of this part when doing for work which permits are not required.
17. Home Owner Permit. Any permit required by this part may be issued to any person to do any plumbing or drainage work related by this part in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is a bona fide owner of any such dwelling and accessory buildings and quarters and that the same are occupied by or designed to be occupied by the owner, and further provided that the owner shall furnish the plumbing inspector with a complete layout drawing of the proposed work, satisfies the plumbing inspector that he has working knowledge of the requirements contained in this part, pays the necessary fees, and calls for all inspections required by this part.
18. Permit Fees. Before a permit shall be issued, permit fees in the amount set forth in the appropriate appendix to this code shall be paid to the treasurer.
19. Reinspection Charge. After notice that any plumbing work is ready for inspection if the plumbing inspector calls at the place designated to make such inspection and finds the work not ready for inspection, he shall charge an additional fee of $10.00 dollars for each additional inspection required, except that the governing body may from time to time change the inspection fee required in this part by resolution.
20. Refusal to Comply With Order of Inspection. It shall be unlawful for any owner, agent or occupant of any building or premises to fail, neglect or refuse to repair, remove, replace or change within ten days after written notice to do so from the plumbing inspector, any plumbing condemned by such inspector, provided that this section shall not apply to any occupant not responsible for the installation or repair of the condemned plumbing.
21. Penalty. The violation of any provision of this part by any homeowner, building owner or manager of any building, apartment, hotel, motel or other structure shall b an infraction.
22. The violation of any provision of this part by any person who receives payment or anything of value for performing such work shall be a Class B misdemeanor.

Chapter 2.13
Other Building or Construction Codes
Sections:
2.13.010 Adoption of Housing Code
2.13.020 Application
Section 2.13.010 Adoption of Housing Code
The "Uniform Housing Code," printed as a code in book form the International Conference of Building Officials (providing minimum requirements for the protection of life, limb, health, safety, and welfare of the general public and the owners and occupants of residential buildings), three copies of which have been filed for use and examination by the public in the office of the clerk of this municipality, is hereby approved and adopted as the Housing Code of this municipality.

Section 2.13.020 Application
The provisions of the Housing Code shall apply to all buildings or portions thereof used, designed for use or intended to be used for human habitation. Occupancies in existing building may be continued as provided in Section 104(g) of the Uniform Building Code, except for such structures as are found to be substandard as defined in the Housing Code.

Chapter 2.15
City Cemetery
Sections:
2.15.010 Definitions
2.15.020 Name
2.15.030 Cemeteries Covered
2.15.040 Office of Cemetery Superintendent
2.15.050 Duties of the Cemetery Superintendent
2.15.060 Regulation of Cemetery and Burials
2.15.070 Burials and Disinterment
2.15.080 Vaults Required
2.15.090 Religious and Fraternal Organizations
2.15.100 Sale Subject to Rules
2.15.110 Care Reserved
2.15.120 Order and Responsibilities for Errors
2.15.130 Traffic Rules
2.15.140 Children
2.15.150 Animals Prohibited
2.15.160 Decorum
2.15.170 Injury to Cemetery Property Prohibited
2.15.180 Landscaping by Private Persons
2.15.190 Placement of Markers
2.15.200 Additional Rules and Regulations
2.15.210 Fees and Charges
2.15.220 Sales of Lots
2.15.230 Restriction of Resale
2.15.240 Indigent
2.15.250 Unused Lots - City Rights
2.15.260 Alternative Council Procedures For NoticeTermination Of Rights
Section 2.15.010 Definitions
The following words or phrases shall have the following meanings unless the context otherwise clearly requires.
1. "Lot Owner" or "Purchaser" and "grave owner or purchaser" shall mean the owner or purchaser of burial privileges or the collateral right of use of any burial log evidenced by a deed or burial right of use of any burial lot evidenced by a deed or burial right for a described log or by proved and recognized descent or devise from the original owner.
2. "Lot" shall include the partial lots or single graves in the municipal cemetery.

Section 2.15.020 Name
The burial ground of this municipality, shall be known and designated the name of Milford City Cemetery.

Section 2.15.030 Cemeteries Covered
All cemeteries owned and/or maintained by the municipality wherever situated are hereby declared subject to the provisions of this chapter.

Section 2.15.040 Office of Cemetery Superintendent
There is hereby created the position of cemetery superintendent.

Section 2.15.050 Duties of the Cemetery Superintendent
1. The cemetery superintendent shall have the general supervision and administration of the municipal cemetery including but not limited to:
2. Recommending to the governing body such additional rules and regulations as may be necessary for the operation, maintenance, use and protection of the cemetery.
3. Subdividing the cemetery into lots and grave sites.
4. Preventing any lot from being used beyond its capacity.
5. Keeping in proper repair the enclosure around the cemetery and preventing its being entered by animals and, so far as practical, preventing the destruction or defacing of any tablet or marker placed or erected therein.
6. Opening any graves in the cemetery upon application to him being made by the Recorder/clerk or by any person having the right to make such application and being responsible for closing all graves.
7. Keeping the streets, alleys, walks and avenues in the cemetery in good order and unobstructed.
(Ord. Ordinance 5-2006, Amended, 06/06/2006)

Section 2.15.060 Regulation of Cemetery and Burials
1. Burials. Before any deceased person is buried in the municipal cemetery burial permits and registration of burial forms must be submitted. After burial, the cemetery superintendent shall endorse upon Form 58 Milford Cemetery Record a description of the location where the deceased is buried and shall sign said form recognizing that proof.
2. Burial Permits. It shall be unlawful for any person to bury the body or cremains of a deceased person in the municipal cemetery without first obtaining Form 42 Milford City Cemetery Deed or Form 59 Milford City Certificate of Burial Right or producing satisfactory evidence of the right to burial based on a properly acquired certificate of burial right or deed conveyed by a relative holding such right .
3. Registration of Burials. Before any deceased person may be buried in the municipal cemetery, the relatives or person having charge of the deceased shall provide the Recorder/clerk with a written statement Form 57 Milford Cemetery Information which shall be filed by the Recorder/clerk, which statement shall contain, if known, information about the deceased regarding his or her name, when and where born, the date and cause of death, the name of the attending physician, date of burial, name of cemetery and the description of the location of the grave.
4. Keeping a duplicate plat of the cemetery and, at the request of any person wishing to purchase any of the lots or parts of lots, pointing out any of the lots or parts of lots for sale; and upon disposal of any lots or part thereof, notifying the Recorder/clerk of such fact. The Recorder/clerk shall, after payment of the lot price has been received in the treasury, issue a Form 59 certificate of burial rights which shall describe the lot or grave to which the right to burial is granted. The certificate shall be signed by the Mayor and Recorder/clerk.
5. Memorial Day flowers may be placed on graves two days before Memorial Day. All flowers must be removed by the Monday following Memorial Day to facilitate watering.
(Ord. Ordinance 5-2006, Amended, 06/06/2006)

Section 2.15.070 Burials and Disinterment
It is an infraction for any person to:
1. Disinter any body buried in any cemetery, except under the direction of the cemetery superintendent who shall, before disinterment, require a written permission from both the municipal health officer and the owner of the lot or his or her heirs, which written authorization shall be filed and preserved in a record kept for such purposes.
2. Disinter or remove the body of a person who has died from a contagious disease within two years after the date of burial, unless the body was buried in a hermetically sealed casket or vault and is found to be so incased at the time of disinterment.
3. It is an infraction to inter anything other than the remains of human bodies in cemeteries.
4. It is an infraction to bury the body or cremains of any person within this municipality except in the municipal cemetery or a private cemetery, unless by special permission of the governing body under such rules and regulations that may prescribe.
(Ord. Ordinance 5-2006, Amended, 06/06/2006)

Section 2.15.080 Vaults Required
Unless in writing waived by the cemetery superintendent, it shall be unlawful for any person to be buried in the cemetery unless the casket shall be placed in a vault made of concrete, fiberglass, steel, or brick-lined or of such other material approved by the governing body, substantially constructed and covered with a similar durable material. No wood shall be used as a permanent part of the construction of any part of the vault.

Section 2.15.090 Religious and Fraternal Organizations
The municipality may contract with religious and fraternal organizations to designate a reasonable portion of the cemetery in which burials may be restricted to members of such religious and fraternal organizations and their families.

Section 2.15.100 Sale Subject to Rules
Every lot or single grave sold shall be issued a Milford City Cemetery Deed (Form Number 42) and is subject to rules and regulation that have been or may be adopted. The rules and regulations shall be subject to such changes as are found necessary for the protection of lot owners, the remains of the dead and the preservation of the cemetery.

Section 2.15.110 Care Reserved
The municipality reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all lots and graves in its cemeteries.

Section 2.15.120 Order and Responsibilities for Errors
Under no circumstances will the municipality assume responsibility for errors in opening graves which orders are given by telephone.

Section 2.15.130 Traffic Rules
The provisions of the municipal traffic ordinances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the cemetery, except as herein otherwise modified by this ordinance.
1. It shall unlawful for any person to ride or drive within the municipal cemetery at a speed greater than 10 miles per hour.

Section 2.15.140 Children
Children under the age of 5 years shall not be allowed in cemeteries unless accompanied by their parents or other adults, except for the purposes of attending authorized funerals or, in the company of adults, placing flowers on the grave of a deceased relative or friend, or performing any other customary evidence of respect in accordance with their religious principles.

Section 2.15.150 Animals Prohibited
No animal shall be allowed in any cemetery except in the confines of a vehicle and must be at all times retained within the confines of said vehicle while the vehicle remains in the cemetery.

Section 2.15.160 Decorum
Cemetery grounds are sacredly devoted to the interment and repose of the dead. Strict observance of decorum due such a place shall be required of all persons.

Section 2.15.170 Injury to Cemetery Property Prohibited
1. It is a class B misdemeanor for any person to tie or attempt to tie any horse, animal or motor vehicle to any monument, gravestone, tablet, marker, tree, shrub, fence or enclosure on the premises of the cemetery for the purpose of injuring, defacing or attempting the removal of same.
2. It shall be an infraction for any person to injure, deface, break, destroy or remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery.

Section 2.15.180 Landscaping by Private Persons
Except as provided by the rules and regulations of the governing body, it shall be unlawful for any person to erect or maintain any fence, corner post, coping or boundary of any kind, to plant any vegetation upon any lot or lots, street, alley or walk in the cemetery or to grade the ground or land thereof. The cemetery superintendent shall, whenever required, furnish the true lines of any lots according to official survey, shall prevent and prohibit any markings of the same except by official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land.

Section 2.15.190 Placement of Markers
1. It shall be unlawful for any person to erect, place or cause to be placed any marker or monument on any lot in cemetery in violation of the rules and regulations promulgated by the governing body regarding the placement, construction, and design of all such markers.
2. It shall be unlawful for any person to place, erect, or replace, or cause to be placed, erected or replaced, in the Milford City Cemetery, any headstone that does not have a six inch cement apron surrounding the headstone with said apron at a level with the ground.
(Ord. Ordinance 5-2006, Amended, 06/06/2006)

Section 2.15.200 Additional Rules and Regulations
1. The governing body may promulgate by resolution such additional rules and regulations concerning the care, use, operation and maintenance of the cemetery as it shall deem necessary.
2. The Recorder/clerk may from time to time as the governing body deems necessary direct and publish a booklet of rules and regulation for the convenience of the purchasers of lots in the municipal cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall form a supplement to this ordinance after they have been adopted as official by resolution of the governing body.
3. Any change in the rules and regulations shall be adopted by the governing body before such changes shall be official.
(Ord. Ordinance 5-2006, Amended, 06/06/2006)

Section 2.15.210 Fees and Charges
1. Collection of Fees. The Recorder/clerk, and such other persons as the governing body may designate, are hereby authorized and required to collect in advance prices and fees for the opening and closing of graves or other services which shall include but not be limited to properly disinterring bodies and properly restoring the earth and grounds, recording each burial, disinterment or removal, and raised monument privileges. The fees shall be such amounts as are determined by the governing body from time to time by resolution.
2. Fee to be Paid for Opening Grave. No grave shall be opened in the municipal cemetery until payment of a fee for the labor and expense in so opening the grave shall be paid. The presentation of a receipt from the Recorder/clerk or person designated by the governing body when presented to the cemetery superintendent, shall be authority to open a grave for the burial of a deceased person. However, upon a contract being entered into between any mortician and the municipality wherein the mortician agrees to be responsible and liable for fees for the opening of a grave, and wherein that mortician will be personally liable for such fees the Recorder/clerk or authorized person may give the cemetery superintendent authority to open graves without the presentation of a receipt from the Recorder/clerk or authorized person.
3. Purchase Price and Fees. The governing body shall from time to time by resolution fix the size of lots, the price at which burial rights shall be sold and the fees which shall be charged for various cemetery services to be provided.

Section 2.15.220 Sales of Lots
1. Sale. The Recorder/clerk, and such other person as the governing body may designate, are hereby authorized to sell the use of lots in the municipal cemetery for burial purposes only and to collect all sums arising from the sale. The Recorder/clerk shall keep a complete record of all sales, which record shall describe the location of the lot purchased and the price paid thereof. The Recorder/clerk or designated person shall deliver to each purchaser a certificate of burial rights for each lot purchased, which certificate shall, among other things, describe the location of the lot, the purchase price, and the type of maintenance services which are to be provided, e.g., perpetual care, prepaid continued maintenance or currently paid services.
2. Reservation. Plots may be reserved under specific individual names per plot. Reservations are limited to four individual plots per family and shall be honored as long as reasonable communication is maintained on a yearly basis. If communication is not maintained the Recorder/clerk and such other person as the governing body may designate are hereby authorized to show the reservation as void after one year. Milford City will not be responsible for initiating the communication. A fee equaling the perpetual care fee will be assessed for each plot reserved.
3. A certificate and rights to burial shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for cemetery services other than perpetual care or prepaid maintenance.
4. Perpetual care or prepaid continued maintenance shall be deemed to include the placing of top soil upon the grave, seeding the grave with grass, and watering and cutting the grass. No other services are included.
5. No other improvements, changes, or service, except perpetual care or prepaid continued maintenance shall be made on any lot without the certificate holder or his heirs first submitting to and receiving from the cemetery superintendent, written approval for such improvements, changes or services, which improvements, changes or services shall be subject to the rules and regulations promulgated by the governing body.
(Ord. Ordinance 1-2005 Sale of Cemetery Lots, Amended, 04/20/2005)

Section 2.15.230 Restriction of Resale
1. All lots sold by this municipality shall not be further sold, transferred, conveyed or assigned to any person except the municipality. The municipality hereby agrees to buy back any municipal cemetery grave lot which it may hereafter sell. The repurchase of such lots shall be for the original price paid by the purchaser, or the current selling price of the lot, whichever is less.
2. Whenever a certificate to burial rights of lots reverts to the municipality, as provided for in this part, or becomes vested in the municipality for any reason, before new certificates are issued, the original certificate shall be canceled or an assignment given, and the record shall be so changed.
3. The certificates shall be issued and signed by the Mayor and shall be attested by the Recorder/clerk. All lots or parts of lots, as provided in this section, together with all improvements, shall be exempt from execution and from taxation and assessment for care and maintenance charges from and after said payment.
(Ord. Ordinance 8-2001, Amended, 05/01/2001)

Section 2.15.240 Indigent
1. Burial of Indigent. The governing body may by resolution designate a portion of the municipal cemetery to the burial of indigent. Whenever it is made to appear to the Mayor by proof submitted to him by the Recorder/clerk that any person who has died does not have as estate sufficient to pay the purchase price of a lot in the cemetery, and that the nearest relative or representative of such deceased person desires to have the body of such deceased interred in the cemetery, the Mayor may grant burial space for such deceased person at the request made to him by the Recorder/clerk.
2. The Mayor shall communicate his decision to both the Recorder/clerk and the cemetery superintendent. The Mayor shall give report to his decision, whether affirmative or negative, to the governing body at its next regular meeting. All strangers without funds or other persons who may die in the municipality may be granted the privilege granted herein.

Section 2.15.250 Unused Lots - City Rights
If, for a period in excess of sixty (60) years and one day of purchase of any cemetery lot, the grantee, or persons claiming through the grantee:
1. Have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the sixty (60) year period have not given the city written notice of any claim or interest in the lots or parcels; or
2. Have not used a portion of the lots or parcels for purposes of burial and have not kept the lots or parcels free of weeds or brush, but have allowed them to remain entirely unimproved for more than twenty (20) years, and such lots or parcels are located in a portion of the cemetery such that they adjoin or are adjacent to improved parts of the cemetery and by reason of their unimproved conditions detract from the appearance of the cemetery, or interfere with the cemetery's harmonious improvements, or furnish a place for growth of weeds and brush; the city may, by following the procedures set forth in section 8-5-1, Utah Code Annotated, 1953, as amended, or its successor, demand of the grantee or persons claiming through the grantee, either:
A. That they file with the city sexton/maintenance supervisor a written notice of claim or interest in and to the lots or parcels accompanied by evidence of their claim within fifty (50) days after service of a copy of notice of demand, or
B. That they keep the premises clear of weeds and in a condition of harmony with other adjoining lots
(Ord. Cemetery Reclaim Unused Lots, Add, 05/02/2006)

Section 2.15.260 Alternative Council Procedures For NoticeTermination Of Rights
1. As an alternative to the procedures set forth in section 2.15.250 of this article, the city council may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than sixty (60) years, file with the city recorder notice of any claim to the lot, site, or parcel.
2. The city council shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution shall notify the owner that the owner must, within sixty (60) days after service of the resolution on the owner, express interest in maintaining the cemetery lot and submit satisfactory evidence of an intention to use the lot for a burial.
3. If the owner cannot be personally served with the resolution of the city council as required in subsection B of this section, the city council shall publish its resolution for three (3) successive weeks in a newspaper of general circulation and mail a copy of the resolution within fourteen (14) days after the publication to the owner's last known address, if available.
4. If, for thirty (30) days after the last date of service or publication of the city council's resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot for burial purposes, the owner's rights are terminated and that portion of the cemetery shall be vested in Milford City Corporation.
(Ord. Cemetery Reclaim Unused Lots, Add, 05/02/2006)

Chapter 2.20
City Manager and/or Council Boards, Commissions, Councils, Agencies, Foundations and Districts
Sections:
2.20.010 Permanent City Administrative Council Boards, Commission, Councils, Agencies, Foundations and District Named
2.20.020 Special Provisions
Section 2.20.010 Permanent City Administrative Council Boards, Commission, Councils, Agencies, Foundations and District Named
The city council on behalf of the City has created the following permanent boards, commissions, councils, agencies and districts:
Board of Adjustment
Board of Appeals
Television Board
Library Board
Milford Main Street Renovation Committee
Milford Housing Authority
Milford Tree Board
Milford Recreation Committee
Milford Economic Development Board
Planning and Zoning Commission
1. Each board shall be an advisory board only.
2. Each board shall consist of five to seven members as determined by City Council, each of whom shall serve a term of four (4) years. The terms of members shall be staggered. Members may be appointed to a term of less than four (4) years when necessary to provide for staggered terms.
3. Board members shall be appointed by the Mayor, with the advice and consent of the Council.
4. Board members may be removed from office by the Mayor, without cause.
5. Board members shall receive no compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties.
6. Each board shall elect a chairman and a vice-chairman. Each person so elected shall serve for a term of one year. No person may serve consecutive terms as chairman, and no person may serve consecutive terms as vice-chairman.
7. Meetings of each board may be called by:
A. the chairman;
B. the vice-chairman, if the chairman is incapacitated, or otherwise cannot act;
C. a majority of the members of the board; or
D. the Mayor.
8. Each board may adopt reasonable rules by which it conducts its business.
(Ord. Ordinance 4-2002, Amended, 09/16/2002)

Section 2.20.020 Special Provisions
The following boards, commissions, councils, agencies, foundations, or district are subject to provisions of law or the Milford City Code which are not described in this title:
1. Board of Adjustment
2. Board of Appeals
3. Planning and Zoning Commission

Chapter 2.26
Library Board
Sections:
2.26.010 Library Established - Management
2.26.020 Board Established - Terms of Office
2.26.030 Board - Removal - Vacancies
2.26.040 Board - Members to Serve Without Compensation
2.26.050 Board - Chairman - Duties
2.26.060 Board - Secretary - Other Employees
2.26.070 Board - Meetings - Absence
2.26.080 Board - Meetings - Agenda - Powers
2.26.090 Board - Appointment of Librarian and Other Personnel
2.26.100 Board - Annual Reports
2.26.110 Board to Adopt Rules for Library Use - Use of Library to be Free
2.26.120 Unlawful Acts
Section 2.26.010 Library Established - Management
The Milford City Library is hereby established to be kept and maintained for the purpose of enhancing the public’s health, safety, morals and general welfare. The library shall be managed and operated by the Library Board pursuant to the provisions of this chapter.

Section 2.26.020 Board Established - Terms of Office
There is hereby created and established a Library Board of the Milford City Library which shall consist of seven (7) members, all of whom shall be residents of the City of Milford or South Milford Flat area. Pursuant to state law, only one (1) member of the city governing body may be a member of the board. It is hereby established that one (1) member of the board shall be a member of the governing body. All directors shall be appointed by the Mayor, with the advice and consent of the city council, for terms of three (3) years or until their respective successors are appointed. If any member is an elected official, he or she shall be deemed replaced by his or her successor in office. Subject to the above, any vacancy on the board will be filled by appointment by the Mayor, upon recommendations from the Library Board and with the advice and consent of the city council.

Section 2.26.030 Board - Removal - Vacancies
Any member of the board may be removed for misconduct or neglect of duty by the Mayor or City Council. Vacancies in the board of directors, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as original appointments.

Section 2.26.040 Board - Members to Serve Without Compensation
Directors shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

Section 2.26.050 Board - Chairman - Duties
Following their appointment, the directors shall meet and elect a chairman and such other officers, as they deem necessary, for one-year terms. The chairman shall present the agenda as hereinafter provided, of all matters pertaining to the library to be considered at each and every meeting of the board.

Section 2.26.060 Board - Secretary - Other Employees
The Mayor may appoint a secretary to the Library Board and such other employees as may be necessary to carry on the duties and functions thereof if such employees are funded in the Library Budget.

Section 2.26.070 Board - Meetings - Absence
The board shall meet in regular meetings at a time designated by the board. Special meetings may be convened at any time as determined by the city council or the chairman of the board upon giving notice to all members of the board and the city council. At least seven (7) members of the board must attend said special meeting in response to said notice, and a certified copy of the minutes of each special board meeting shall be furnished all members of the board and the city council. Absence of a member of the board from three (3) regular meetings in any four (4) month period shall have the effect of vacating the office of the member unless such absence is authorized or approved by board action.

Section 2.26.080 Board - Meetings - Agenda - Powers
1. The agenda for each meeting of the board shall be prepared by the chairman, or the chairman’s designee, and said agenda may cover all matters pertaining to the operation of the Milford City Library.
2. The Library Board shall:
A. Maintain and care for the library.
B. Establish policies for its operation; and
C. In general, carry out the spirit and intent of the state law as set forth in Section 9-7-401 et. Seq. Utah Code as amended.
3. Except as set forth in this chapter or by resolution, all other administrative control in respect to the library is reserved to the Mayor or the Mayor’s appointed designee.
4. The Library Board shall act as an advisory board to the city council on all policy and budgetary matters pertaining to the library and to the Mayor in respect to the administrative powers reserved to the Mayor under subsection (4) of this section.

Section 2.26.090 Board - Appointment of Librarian and Other Personnel
The Library Board of directors shall appoint a competent person as Librarian to have immediate charge of the library with such duties and compensation for his services as it shall fix and determine. The Librarian shall act as the executive officer for the Library Board. The board shall appoint, upon the recommendation of the Librarian, other personnel as needed. Upon request by the board, Milford City shall provide the library with city employees and employment management for library purposes, pursuant to the pay range tables and other employee policies established for city employees. Upon request by the board, the Librarian shall also be deemed a city employee designated as “the director of library services” for city employee pay and benefit purposes. The funding for said employees shall come from the library budget.

Section 2.26.100 Board - Annual Reports
The Library Board of directors shall make and annual report to the city council of the city of the condition and operation of the library, including a financial statement. The directors shall also provide for the keeping of such records as shall be required by the Utah State Library Commission in its request for an annual report from the public libraries, and shall submit such annual report to the commission.

Section 2.26.110 Board to Adopt Rules for Library Use - Use of Library to be Free
1. The Library Board of directors shall make and adopt rules and regulations not inconsistent with law, for the governing of the library. Subject to such rules and regulations, the library shall be free to the use of the inhabitants of the city.
2. The board may exclude from the use of the library any and all persons who shall willfully violate such rules.
3. The board may extend the privileges and use of the library to persons residing outside of the city on such terms and conditions as it may prescribe by its regulations and in accordance with the interlocal agreement with Beaver County.

Section 2.26.120 Unlawful Acts
1. It shall be unlawful for any person to make, tear, or in any manner injure, deface, mutilate or destroy any book, pamphlet or other property of the library.
2. It shall be unlawful for any person to fail to return any book, pamphlet or other property of the library within five (5) days after the receipt of a notice from the Librarian thereof, demanding the return to the library of such property.
3. Any person violating any provision of this section shall be guilty of a misdemeanor.

Chapter 2.27
Milford Tree Board
Sections:
2.27.010 Definitions
2.27.020 Creation and Establishment of a Milford City Tree Board
2.27.030 Terms of Office of the Milford City Tree Board
2.27.040 Compensation of the Milford City Tree Board
2.27.050 Duties and Responsibilities of the Milford City Tree Board
2.27.060 Operation of the Milford City Tree Board
2.27.070 Tree Species to be Planted
2.27.080 Spacing
2.27.090 Distance from Curb and Sidewalk
2.27.100 Distance from Street Corners and Fireplugs
2.27.110 Utilities
2.27.120 Public Tree Care
2.27.130 Tree Topping
2.27.140 Pruning, Corner Clearance
2.27.150 Dead or Diseased Tree Removal on Private Property
2.27.160 Removal of Stumps
2.27.170 Interference with City Tree Board
2.27.180 Arborists License and Bond
2.27.190 Review by City Council
2.27.200 Penalty
Section 2.27.010 Definitions
STREET TREES: Street trees are herein defined as trees, shrubs, bushes and all other woody vegetation on property or rights-of-way owned by the City of Milford, Utah, lying between property lines on either side of all streets, avenues, or alleyways within the City.

PARK TREES: Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation in parks and public areas owned by the City of Milford, Utah.

Section 2.27.020 Creation and Establishment of a Milford City Tree Board
There is hereby created and established a Milford City Tree Board for the City of Milford, Utah, which shall consist of five members and whatever alternates that the Mayor and City Council consider appropriate on advice from the Tree Board membership. Members shall consist of citizens and residents of the City of Milford who shall be appointed by the Mayor with the approval of the City Council.

Section 2.27.030 Terms of Office of the Milford City Tree Board
The term of the five persons to be appointed by the Mayor shall be Three years, except that the term of two of the members appointed to the first Tree Board shall be for two years and the term of three of the members appointed to the first Tree Board shall be for three years. Alternates shall have no specified term, and may be residents of South Milford, with authority to vote in the case of a lack of a regular member quorum. Any member of the Board may be removed for misconduct or neglect of duty by the Mayor or City Council. Neglect of duty shall include absence from three (3) meetings in any four (4) consecutive months. Such absences shall have the effect of vacating the position, unless such absences are approved by Board action. In the event that a vacancy shall occur during the term of any member, his/her or their successor shall be appointed for the term of the un-expired portion of the term being vacated.

Section 2.27.040 Compensation of the Milford City Tree Board
Members of the City Tree Board shall serve without compensation.

Section 2.27.050 Duties and Responsibilities of the Milford City Tree Board
It shall be the responsibility of the City Tree Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of Street Trees and Park Trees. Such plan will be presented annually to the City Council and, upon their acceptance and approval, shall constitute the Official Comprehensive City Tree Plan for the City of Milford, Utah. The City Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or questions coming within the scope of its work.

Section 2.27.060 Operation of the Milford City Tree Board
The City Tree Board shall choose its own officers, make its own rules and regulations in accordance and in compliance with applicable law, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

Section 2.27.070 Tree Species to be Planted
The City Tree Board shall develop and maintain a list of desirable trees for planting along streets in three size classes based on mature height: small (under 20 feet), medium (20 to 40 feet), and large (over 40 feet). Lists of trees not suitable for planting will also be created by the City Tree Board.

Section 2.27.080 Spacing
The spacing of Street Trees and park Trees will be in accordance with the tree species size classes listed in Section 7 of this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.

Section 2.27.090 Distance from Curb and Sidewalk
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species size classes listed in Section 7 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following; small trees, one foot; medium trees, three feet; and large trees, four feet.

Section 2.27.100 Distance from Street Corners and Fireplugs
No Street Tree or Park Tree shall be planted within 35 feet of any street corner, measured from the point of nearest intersecting curbs and curblines. No Street Tree or Park Tree shall be planted within 10 feet of any fireplug.

Section 2.27.110 Utilities
No Street Tree or Park Tree other than those species listed as small trees in Section 7 of this ordinance may be planted under or within 10 feet of any overhead utility wire.

Section 2.27.120 Public Tree Care
The City of Milford, Utah shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

Section 2.27.130 Tree Topping
It shall be unlawful as a normal practice for any person, firm, or city department to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe butting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstruction where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board.

Section 2.27.140 Pruning, Corner Clearance
Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp, or obstruct the view of any street intersection and so that there shall be a clear space of thirteen feet above surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements.

Section 2.27.150 Dead or Diseased Tree Removal on Private Property
The City Tree Board shall have the right to cause the removal of any dead or diseased trees on private property within the City when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City of Milford. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City of Milford shall have the authority to remove such trees and charge the cost of removal to the owner’s property tax notice.

Section 2.27.160 Removal of Stumps
All stumps of Street Trees and Park Trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

Section 2.27.170 Interference with City Tree Board
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees or trees on private grounds, as authorized in this ordinance.

Section 2.27.180 Arborists License and Bond
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing Street Trees or Park Trees within the City of Milford, Utah, without first applying for and procuring a license. The license fee shall be in accordance with current license fee schedules of the City, paid in accordance to the licensing ordinance of the City, provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum, amounts of $300,000 of bodily injury and $100,000 property damage indemnifying the City of Milford, Utah or any person or property injured or damaged resulting from the pursuit of such endeavors as herein described.

Section 2.27.190 Review by City Council
The City Council shall have the right to review the conduct, acts, and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Council, who may hear the matter and make final decisions.

Section 2.27.200 Penalty
Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $1,000.00.

Chapter 2.28
Milford City Nuisance Board
Sections:
2.28.010 Definitions
2.28.020 Creation and Establishment of a Milford City Nuisance Board
2.28.030 Terms of Office of the Milford City Nuisance Board
2.28.040 Compensation of the Milford City Nuisance Board
2.28.060 Operation of the Milford City Nuisance Board
2.28.070 Nuisance - Maintenance List
2.28.170 Interference with City Nuisance Board
2.28.190 Review by City Council
2.28.200 Penalty
Section 2.28.010 Definitions
1. “Milford City Nuisance Board” in this chapter, a board appointed by the Milford City Council.
2. “Nuisance” as defined in Section 7.02

Section 2.28.020 Creation and Establishment of a Milford City Nuisance Board
There is hereby created and established a Milford City Beautification Board for the City of Milford, Utah, which shall consist of at least five members and whatever alternates that the Mayor and City Council consider appropriate on advice from the Beautification Board membership. Members shall consist of citizens and residents of the City of Milford who shall be appointed by the Mayor with the approval of the City Council. Members shall represent the following: City Health Inspector, Fire Chief, Fire Inspector, Building Inspector, Planning Commission Chairman, City Council Representatives.
(Ord. Ordinance , Amended, 05/26/2004; Ordinance 7-2003, Amended, 09/17/2003)

Section 2.28.030 Terms of Office of the Milford City Nuisance Board
The term of the members to be appointed by the Mayor shall be continuous and have no specified term. Any member of the Board may be removed for misconduct or neglect of duty by the Mayor or City Council. Neglect of duty shall include absence from three (3) meetings in any four (4) consecutive months. Such absences shall have the effect of vacating the position, unless such absences are approved by Board action. In the event that a vacancy shall occur during the term of any member, his/her or their successor shall be appointed.

Section 2.28.040 Compensation of the Milford City Nuisance Board
Members of the City Nuisance Board shall serve without compensation.

Section 2.28.060 Operation of the Milford City Nuisance Board
The City Nuisance Board shall choose its own officers, make its own rules and regulations in accordance and in compliance with applicable law, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

Section 2.28.070 Nuisance - Maintenance List
The City Nuisance Board shall develop and maintain a list of undesirable Nuisances.

Section 2.28.170 Interference with City Nuisance Board
It shall be unlawful for any person to prevent, delay or interfere with the City Nuisance Board, or any of its agents, while engaging in the removal of Nuisances, Park Nuisances or Nuisances on private grounds, as authorized in this ordinance and Section 7.02. Nuisances.

Section 2.28.190 Review by City Council
The City Council shall have the right to review the conduct, acts, and decisions of the City Nuisance Board. Any person may appeal from any ruling or order of the City Nuisance Board to the City Council, who may hear the matter and make final decisions.

Section 2.28.200 Penalty
Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $1,000.00.

Chapter 2.29
Milford City Recreation
Sections:
2.29.010 Recreation Established - Management
2.29.020 Board Established - Terms of Office
2.29.030 Board - Removal - Vacancies
2.29.040 Board - Members to Serve Without Compensation
2.29.050 Board - Chairman Duties
2.29.060 Board - Secretary - Other Employees
2.29.070 Board - Meetings - Absence
2.29.080 Board - Meetings - Agenda - Powers
2.29.100 Board - Annual Reports
2.29.110 Board to Adopt Rules for Recreational Activities
2.29.120 Unlawful Acts
2.29.130 Code of Conduct
Section 2.29.010 Recreation Established - Management
The Milford City Recreation is hereby established to be kept and maintained for the purpose of enhancing the public’s health, safety, morals and general welfare. The recreation programs shall be managed and operated by the Milford Valley Sports Association pursuant to the provisions of this chapter.

Section 2.29.020 Board Established - Terms of Office
There is hereby created and established a Milford City Recreation Board also known as the Milford Valley Sports Association which shall consist of seven (7) members, all of whom shall be residents of the City of Milford or South Milford Flat area. Pursuant to state law, only one (1) member of the city governing body may be a member of the board. All directors shall be appointed by the Mayor, with the advice and consent of the city council, for terms of three (3) years or until their respective successors are appointed. If any member is an elected official, he or she shall be deemed replaced by his or her successor in office. Subject to the above, any vacancy on the board will be filled by appointment by the Mayor, upon recommendations from the Milford Valley Sports Association and with the advice and consent of the city council.

Section 2.29.030 Board - Removal - Vacancies
Any member of the board may be removed for misconduct or neglect of duty by the Mayor or City Council. Vacancies in the board of directors, occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as original appointments.

Section 2.29.040 Board - Members to Serve Without Compensation
Directors shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from recreation funds.

Section 2.29.050 Board - Chairman Duties
Following their appointment, the directors shall meet and elect a chairman and such other officers, as they deem necessary, for one-year terms. The chairman shall present the agenda as hereinafter provided, of all matters pertaining to the recreation to be considered at each and every meeting of the board.

Section 2.29.060 Board - Secretary - Other Employees
The Mayor may appoint a secretary to the Milford Valley Sports Association and such other employees as may be necessary to carry on the duties and functions thereof if such employees are funded in the Recreation Budget.

Section 2.29.070 Board - Meetings - Absence
The board shall meet in regular meetings at a time designated by the board. Special meetings may be convened at any time as determined by the city council or the chairman of the board upon giving notice to all members of the board and the city council. At least seven (7) members of the board must attend said special meeting in response to said notice, and a certified copy of the minutes of each special board meeting shall be furnished all members of the board and the city council. Absence of a member of the board from three (3) regular meetings in any four (4) month period shall have the effect of vacating the office of the member unless such absence is authorized or approved by board action.

Section 2.29.080 Board - Meetings - Agenda - Powers
1. The agenda for each meeting of the board shall be prepared by the chairman, or the chairman’s designee, and said agenda may cover all matters pertaining to the operation of the Milford City Recreation Department.
2. The Milford Valley Sports Association shall:
A. Maintain and care for the all recreation equipment.
B. Establish policies for its operation; and
C. In general, carry out the spirit and intent of the Milford City Recreation Department
3. Except as set forth in this chapter or by resolution, all other administrative control in respect to the recreation activities is reserved to the Mayor or the Mayor’s appointed designee.
4. The Milford Valley Sports Association shall act as an advisory board to the city council on all policy and budgetary matters pertaining to the recreation department and to the Mayor in respect to the administrative powers reserved to the Mayor under subsection (4) of this section

Section 2.29.100 Board - Annual Reports
The Milford Valley Sports Association shall make and annual report to the city council of the city of the condition and operation of the recreation department, including a financial statement.

Section 2.29.110 Board to Adopt Rules for Recreational Activities
1. The Milford Valley Sports Association shall make and adopt rules and regulations not inconsistent with law, for the governing of the recreation department. Subject to such rules and regulations, the recreation activities shall be available to the use of the inhabitants of the city.
2. The board may exclude from the recreation activities any and all persons who shall willfully violate such rules.

Section 2.29.120 Unlawful Acts
1. It shall be unlawful for any person to make, tear, or in any manner injure, deface, mutilate or destroy any equipment or other property of the recreation department.
2. Any person violating any provision of this section shall be guilty of a misdemeanor.

Section 2.29.130 Code of Conduct
The Milford City Council has mandated the following Code of Conduct for all Milford City Recreation programs. Coaches and Managers should read the Code of Conduct carefully and be responsible for insuring themselves and any participant or spectator follows the rules. These rules are inclusive of any practice or games sponsored by the Milford City Recreation.
1. No Coach, Manager, Player or Spectator shall:
A. At any time, verbally abuse, push, shove, strike or threaten to strike an official, player or spectator.
B. Be guilty of heaping personal verbal or physical abuse upon an official for any real or imaginary belief of a wrong decision or judgment.
C. Be guilty of an objectionable demonstration of dissent at an official’s decision by throwing gloves, helmets, hats, balls, bats or any other forceful unsportsmanlike action.
D. Be guilty of using unnecessary rough tactics in the play of a game against the body of an opposing player.
E. Be guilty of physical attack upon an official, coach, player or spectator.
F. Be guilty of the use of profane obscene or vulgar language or gesture in any manner at any time.
G. Appear on the field of play, stands or any other location during Milford City Recreation activities while in an intoxicated state.
H. Be guilty of gambling upon any play or outcome of any game.
I. Smoking on the field of play during Milford City Recreation activities of which they are managing or coaching.
J. Be guilty of discussing publicly with sectors in derogatory or abusive manner any play, decision or a personal opinion on any player during the game.
K. Speak disrespectfully or manipulating of any league rosters, schedules or procedures.
(Ord. Ordinance 7-2005 Code of Conduct, Amended, 08/18/2005)

Chapter 2.50
Municipal Legislative Code
Sections:
2.50.010 City Council Meetings - Time, Place, Exceptions
2.50.020 Special or Emergency Meetings
2.50.030 Recorder's Original of Ordinances - Final Action by City Council - Notice to Mayor
2.50.040 Appointment to Municipal Departments
2.50.050 Compensation and Salaries
Section 2.50.010 City Council Meetings - Time, Place, Exceptions
The governing body shall hold one regular meeting which shall be held on the third Tuesday of each month at 26 South 100 West, Milford, Utah. Such meeting shall begin promptly at 7:00 o'clock p.m. provided that:
1. If the meeting date is a legal holiday, then the meeting shall be held at the same time and place above described on the next following day which is not a legal holiday.
2. The governing body may from time to time hold special meetings if necessary to attend to city business.
3. The governing body may by resolution provide for a different time and place for holding regular meetings of the governing body.
(Ord. Ordinance 5-2008 Meeting Place and Time, Amended, 04/03/2008)

Section 2.50.020 Special or Emergency Meetings
Special or emergency meetings of the council may be called by order of the Mayor or by any two members of the council to consider matters of any emergency or urgent nature when such a meeting is made necessary by unforeseen circumstances. The order shall provide at least three hours notice of the special meeting and notice thereof shall be served by the recorder or clerk on each member who did not sign the order by delivering the notice personally or by leaving it at the member’s usual place of abode. The personal appearance by a member at any specially called meeting constitutes a waiver of the notice required in this section. A special or emergency meeting may not be convened without three (3) or more members of the council in attendance. All means practical under the circumstances shall be used to notify the Mayor and council members and the public, including the media, of the special or emergency meeting.

Section 2.50.030 Recorder's Original of Ordinances - Final Action by City Council - Notice to Mayor
1. Not less than one original of each ordinance or other measure under consideration by the municipal council shall be deposited with and thereafter remain in the exclusive possession of the City Recorder.
2. Any final action by the City Council on an ordinance or other measure including all amendments signed by the Mayor or acting Mayor, shall be deposited with the City Recorder. Said ordinance or other measure shall thereafter remain in the exclusive possession of the City Recorder.

Section 2.50.040 Appointment to Municipal Departments
The Mayor, on the first meeting in January of each year will make appointments of the City Council of municipal departments. Appointment duties are as follows:
1. Review budgetary needs for the department.
2. Review budget prepared by the Budget Officer.
3. Recommend to the Mayor and City Council any action to be taken concerning that department.

Section 2.50.050 Compensation and Salaries
The salary of the officers and employees of this municipality shall be paid in the amount and at such times as is below specified:

1. Mayor $ 6,000.00 per year payable monthly
2. Council member $ 3,600.00 per year payable monthly
3. City Manager $42,695.54per year payable bi-weekly
4. City Recorder $27,256.08 per year payable bi-weekly
5. Treasurer $34,041.08 per year payable bi-weekly
6. Attorney $ 6,000.00 per year payable monthly

(Ord. Ordinance 7-2007 Compensation 2007, Amended, 07/03/2007; Ord. Compensation & Salaries 2006, Amended, 09/05/2006; Ord. Ordinance 5-2005 , Amended, 08/18/2005; Ord. Ordinance 12-2001, Amended, 07/03/2001)

Chapter 2.60
Section Requirements
Sections:
2.60.010 Purpose of Chapter
2.60.020 Definitions of Terms
2.60.030 Copyright
2.60.040 Power and Duties of Council Attorney
2.60.050 Compilation and Publication
2.60.060 Submission of Proposed Ordinances - Deadlines
2.60.070 Proposals to be Approved "As to Form"
2.60.080 Recorder's Original of Ordinances - Final Action by City Council - Notice to Mayor
2.60.090 Sale by City
Section 2.60.010 Purpose of Chapter
Milford City Council desires to create a better conduit of information between the legislative and executive branches of Milford City as well as with city residents. The intent and purpose of this chapter is to keep current an accurate compilation known as Milford City Ordinances (hereafter Ordinances), by making reasonable requirements upon the submission of proposed laws requested to be adopted by the Milford City Council and by authorizing the publication of said Ordinances, in a way designed and intended to maintain the Ordinances up to date, indicating therein existing laws, repealed laws or parts of laws, substitute laws, additional laws, and changes, additional notes, annotations and indexing. This chapter shall be so interpreted as to grant the City Attorney the power and authority necessary to accomplish such intent and purpose. Section 1.03.010, Milford City Code shall not apply to any of the duties or functions described within this chapter. Unless otherwise expressly provided, untimely presentment of proposed ordinances and resolutions to the Council may be considered as a factor in the determination of their validity, however, an ordinance or resolution shall not be considered to be invalid based solely upon the factor of untimely presentment.

Section 2.60.020 Definitions of Terms
1. “Council” as use in this chapter shall be deemed to mean and refer to the Milford City Council.
2. “City Attorney” as used in this chapter shall be deemed to mean and refer to the Milford City Attorney.
3. “Compilation” as used in this chapter shall be deemed to be the compilation known as the “Milford City Code” authorized and published pursuant to this chapter. Compilation shall include, but is not limited to, printed, photographed, microfilmed, or electronic formats and media.
4. “Originator” as used in this chapter shall be deemed to be the person or entity who desires an ordinance, an amendment to the Milford City Code or other ordinance, or a transfer or repeal of an ordinance, to be adopted and passed into law by the City Council.

Section 2.60.030 Copyright
Copyright of all compilations shall be taken by and in the name of Milford City. City Attorney is authorized and empowered to grant the use of the copyrights of the Milford City Code and other ordinances published pursuant to this chapter, in connection with the performance of his duties and obligations. No department, employee or other person is authorized to copy, sell, transfer or reproduce the Milford City Code or other ordinances except authorized by the Milford City Attorney.

Section 2.60.040 Power and Duties of Council Attorney
Upon the consent and approval of the Council, City Attorney is hereby authorized, empowered and directed to enter into and execute contracts, as deemed necessary and proper with any printing company or software company, with respect to general laws, repeals and amendments which may be enacted by each meeting of the Council, and with respect to bringing up to date annotations, notes and indexes of general law continuing in force, for the publication thereof, and publication of any other compilation within the purview of this chapter. The intent hereof is that as soon as practicable the Milford City Code be brought up to date.

Section 2.60.050 Compilation and Publication
City Attorney shall continue to supervise and give directions relating to the plan of titles, chapters and resectioning, annotations, cross-references, tables and indexes, form and uniformity of contents, and all other matters relating to compilations, deemed by the Council necessary and proper. Whenever possible, all work necessary for the publication of the Milford City Code shall be performed in-house, as deemed reasonable by the City Attorney. Submission of changes to the Milford City Code shall be completed by the Milford City Ordinance Committee.

Section 2.60.060 Submission of Proposed Ordinances - Deadlines
1. Submission of all proposed ordinances and resolutions must be accomplished by submitting one (1) copy to the Mayor and one (1) copy to the City Attorney.
2. Except in cases of emergency, all proposed ordinances requested to be adopted and codified shall be submitted at least ten (10) days prior to the date the originator desires the proposal to be placed upon the Council agenda for consent or action by the City Council.
3. Subsection (2) of this section is not intended to affect the submission of ordinances or resolutions not intended to be codified which are subject to prior approval of the Planning and Zoning Commission, (e.g. street naming, or vacation, individual zoning variances).
4. All other proposed ordinances and resolutions not intended to be codified, including those mentioned in subsection (3) of this section, shall be submitted as soon as possible and at least 104 hours prior to the time of regular council meeting the originator desires the proposal to be considered. (Currently the 104 hours deadline would be Friday 10:00 a.m. prior to each Tuesday meeting).
5. In cases of extreme emergency, a proposal may be submitted at anytime by obtaining the consent of the Mayor or by majority vote of the Council members.

Section 2.60.070 Proposals to be Approved "As to Form"
1. City Attorney shall review any proposed ordinance, amendment, transfer, or repeal and require proper codification numbering of the proposal to preserve the proposed ordinance and the Milford City Code’s clarity and integrity. City Attorney shall review submitted proposals for legal content presented therein and keep the Council informed of any significant legal issue. Upon completion of the review, City Attorney shall mark the proposal “approved as to form”.
2. City Attorney shall not be responsible for the legitimacy of the content of the proposal unless said proposal is drafted by City Attorney on behalf of the Council or a Council member. City Attorney may give recommendations and suggestions to any originator of a proposal, but shall not require any changes be made to a proposal, except for codification numbering mentioned in subsection (1) of this section.
3. Once a proposal has been “ approved as to form”, said proposal shall be submitted by City Attorney within a reasonable time to the Council for individual member review and also to the City Recorder who shall be responsible for distribution of the proposal for Milford City review.

Section 2.60.080 Recorder's Original of Ordinances - Final Action by City Council - Notice to Mayor
1. Not less than one original of each ordinance or other measure under consideration by the municipal council shall be deposited with and thereafter remain in the exclusive possession of the City Recorder.
2. Any final action by the City Council on an ordinance or other measure including all amendments signed by the Mayor or acting Mayor, shall be deposited with the City Recorder. Said ordinance or other measure shall thereafter remain in the exclusive possession of the City Recorder.

Section 2.60.090 Sale by City
Milford City administration is authorized to sell and distribute any of the compilations of the Milford City Code or other ordinances to interested parties as prescribed by Council policy and approved by the City Attorney.

Chapter 2.70
Constitutional Taking Issues
Sections:
2.70.010 Constitutional Taking Issues
Section 2.70.010 Constitutional Taking Issues
1. Definitions. As used herein:
A. "Constitutional taking issues" means actions involving the physical or regulatory taking of private real property by the City that might require compensation to a private real property owner under:
1. The Fifth or Fourteenth Amendment of the Constitution of the United States;
2. Article I, Section 22 of the Utah Constitution; or
3. Any recent court rulings governing the physical or regulatory taking of private real property by a governmental entity.
4. Guidelines. The following guidelines shall be considered by the City when taking any action that might result in the physical or regulatory taking of private real property.
a. Identification. The City should review the following to determine and identify whether a proposed governmental action raises constitutional taking issues.
b. Does the action result in a permanent physical occupation of private property?
c. Does the action require a property owner to dedicate property or grant an easement to the City?
d. Does the action deprive the property owner of all economically viable uses of the property?
e. Does the action have a severe impact on the property owner's economic interest?
f. Does the action deny a fundamental attribute of ownership?
5. Analysis. If the City determines that a governmental action involves constitutional taking issues, the proposed action should be reviewed by the City to analyze the possible taking and to determine the action to be taken. In reviewing the proposed action, the following factors may be analyzed.
a. The affect the potential taking would have on the use or value of the private property;
b. The likelihood that the action may result in a constitutional taking;
c. Any alternatives to the proposed action that would fulfill the City's lawful objectives and reduce the risk of a constitutional taking;
d. The cost to the City for payment of compensation if a taking is determined;
e. The governmental interest involved and its nexus to the potential taking; and
f. If the action is roughly proportionate or reasonably related to the impact of any proposed development.
6. Appeals. Any owner of private property whose interest in the property is subject to a physical or regulatory taking by the City, pursuant to a final and authoritative decision or action of the City, may appeal the City's decision or action by filing a written notice of appeal and statement of the grounds for the appeal in the City Recorder's Office within thirty (30) days from the date of the City's decision or action. The City Council or its designee shall hear all evidence regarding the appeal and render its decision and findings in writing within fourteen (14) days from the date the appeal was filed. If the City fails to hear and decide the appeal within fourteen (14) days, the City's decision or action is presumed to be approved.
7. Limitations. The guidelines set forth herein are advisory only and shall not be construed to expand nor limit the scope of the City's liability for a constitutional taking. The City shall have no legal liability to any person, firm or entity of any nature whatsoever and a court may not impose liability upon the City for failure to comply with the provisions of this Chapter.
(Ord. Ordinance 2-2003, Amended, 02/05/2003)