Title 9 — Cities and Towns

A. Effective from and after June 30, 1968, this article shall be amended as to all full-time paid firemen, and employees other than volunteer firemen employed after June 30, 1968, shall be covered by the public safety personnel retirement system in those cities that have establis…

In addition to the authority granted pursuant to other provisions of this article, the board of trustees, with the approval of the mayor and council if for a volunteer fire department or the board of trustees with the approval of the board of supervisors if for a volunteer fire d…

A. In lieu of pension and relief benefits provided for under the provisions of article 3 of this chapter, a city, town or fire district may provide for an alternative pension and benefit program for fire fighters not covered under the provisions of article 3 of this chapter or un…

A professional fire fighter as defined in section 9-901 shall complete training certified by the director of the department of health services on the nature of sudden infant death syndrome as part of the basic training to become a fire fighter.

When the governing body of an incorporated city or town, or the board of supervisors of the county in which an unincorporated town is located, hereinafter designated trustee, has entered at the proper land office the land or any part of the land, settled and occupied as the site …

A. Before entering on the discharge of the trustee's duties, the trustee shall execute a bond to the state, with sureties in the sum of $2,000, which shall be filed with the county recorder of the county in which the townsite is located, conditioned to account for all money that …

Within three months after the entry, the trustee shall cause the land to be surveyed and platted into blocks, lots, streets and alleys and a plat thereof made, conforming as near as possible to existing rights and claims of occupants. The plat shall be recorded in the office of t…

A. The trustee shall then cause a notice to be published in all the newspapers published in the city or town, or if no newspaper is published therein, then by posting the notice in five public places in the city or town for sixty days successively, giving notice of the entry of t…

A. Within sixty days after the first publication provided for by this article, the trustee shall make a full and true statement in writing of all monies expended by the trustee, and the trustee's reasonable charges for time and services in the administration of the trust to that …

The trustee shall keep an index of the name of every person filing a claim or contest in which the name shall be entered at the time of filing the statement or contest. When the statement is recorded, the trustee shall add to the index the number of the page of the record. The tr…

A. The number of lots which one claimant may enter shall not exceed in the aggregate fourteen thousand square feet, and such additional lots not exceeding seven thousand square feet to the lot, upon which the claimant shall have substantial improvements of a value of not less tha…

After the expiration of the period for filing statements, the trustees shall hear the proofs on nonconflicting claims, as near as possible in the order in which filed, of such claimants as appear and offer to make proof. If the proof complies with the legal requirements, the trus…

A. When conflicting claims have been filed, the trustee shall transmit the statement of the claimant and the adverse claim, and all papers pertaining thereto, to the clerk of the superior court of the county in which the property is located, and give notice thereof to the respect…

Each claimant or contestant shall, with his statement or contest, pay the trustee the sum of ten dollars for each lot claimed, not exceeding seven thousand square feet per lot, as the purchase price therefor. Such money shall be refunded to the claimant by the trustee if it is fi…

If the trustee is possessed or entitled to any part of the lands, the trustee shall make a verified statement of the trustee's claim and record it, and if no adverse claim thereto is filed within the time allowed, the trustee shall be deemed to be possessed and seized of the titl…

A. After the plat of the townsite has been recorded and on petition of at least ten resident house-holders of the city or town, the trustee, by and with the advice of the board of school trustees of the district, shall set apart a site for a district school house, and the trustee…

The trustee may deed to a cemetery association, organized as provided by law for the incorporation of nonprofit corporations, an amount of land, not exceeding two blocks, as may be necessary for the purposes of the association. The deed shall be executed upon petition of the offi…

No lien against the interests of a claimant shall be affected by the deed of the trustee to the claimant. The holder of a lien or certificate of sale, upon proof by affidavit of such fact, may file a statement in behalf of the claimant or contest claims in conflict with the right…

Within the time provided for filing statements of claims, every person having a claim against the trustee or the city or town for money advanced or services rendered in obtaining a patent, or the execution of the trust thereunder, shall file an itemized statement thereof with the…

A. If the money paid to the trustee for the purchase of lots is insufficient to pay expenses, the trustee shall sell at public auction so many of the remaining lots, the title to which remains in the trustee and against which no claim or contest is pending, as is necessary to rai…

A. The grounds undisposed of within the townsite, the title of which remains in the trustee, may be sold at public auction when the trustee deems it advisable. The trustee shall appoint three persons to appraise the lots the trustee desires to sell, and they shall take oath to fa…

On termination of the trustee's term of office, the trustee shall deliver to the trustee's successor in office all books and papers of the trustee's office, together with all money in the trustee's possession as trustee, and shall accompany them with an itemized written statement…

A. Every trustee of lands acquired before February 14, 1912, under the act of Congress entitled "an act for the relief of inhabitants of cities and towns upon the public lands," approved March 2, 1867, or the trustee's successor in office, may sell at public auction to the highes…

A. Notwithstanding any other provision of law, a person who, together with the person's predecessors in interest, for a period of five years immediately preceding the application provided for in this article, has been in actual or constructive possession of and paid taxes on a pa…

The proceeds of sales made as provided in this article shall be applied first to the payment of costs and expenses of sale. Any surplus shall be paid to the governing body of the city or town, if incorporated, to be placed in the general fund, or, if unincorporated, for making su…

A. An owner of a tract of land desiring to plat or subdivide it into tracts of twenty acres or less for the purpose of townsites, shall first have it surveyed and platted, showing lots, blocks or subdivisions, size of each lot, name and width of each street and width of alleys, a…

In this chapter, unless the context otherwise requires: 1. "Landowner" means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to …

A. A city or town may provide by ordinance or resolution the requirements for a development to be a phased development. If a city or town does not adopt an ordinance or resolution that includes the requirements for a development to be a phased development, a plan submitted as a p…

A. A protected development right established under a protected development right plan is valid for three years for a nonphased development or five years for a phased development. B. A city or town may extend for a maximum of two additional years the duration of a protected develo…

A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any legislative or administrative land use regulation by a city or town or pursuant to an initiated measure that woul…

A. A protected development right obtained under this chapter is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan, all successors to the original landowner are entitled to exercise the protected develo…

1. "Building code" means the construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any prope…

A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following: 1. Conditions that materially affect the health and safety of the occupant…

1. Inadequate sanitation, ventilation or space requirements, including the following: (a) Lack of or inadequate water closets, lavatories, bathtubs or showers. (b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the city or town in…

1. The city or town conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held city or town council meeting that occurs at least thirty days after the public hearing. 2. The ordinance or resolution is adopted by at leas…

A. A city or town shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections that are requested by an owner of record or a lawful tenant, for initial interior inspections pursuant to issuance of a warrant, initial annual inspection pur…

In this chapter, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider. 2. "Agreement" means any agreement or contra…

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation…

This chapter does not: 1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law. 2. Affect any authority of a local government, an agricultural improvement district, an…

A. From and after December 31, 2019, a local government has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries. B. On or before July 1…

A. From and after December 31, 2019, an incumbent cable operator may elect to do either of the following: 1. Continue to operate within a service area as defined in the local license pursuant to section 9-1413. 2. Terminate the incumbent cable operator's local license for a servi…

A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 9-1412, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local licens…

A. To obtain a uniform video service license, a person shall file with the clerk of the local government an application and affidavit that are signed by one of the principal executive officers or general partners of the applicant and that comply with this section. B. The applicat…

A. Within the time frame that the local government has in place pursuant to section 9-835, but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 9-1414, the local government shall issue a uniform video servi…

A. To add one or more new service areas to a uniform video service license, the holder shall file with the clerk of the local government an application for an amendment to the uniform video service license to add each new service area. B. The application is subject to the same pr…

A. To terminate the authority to provide video service to an existing service area authorized under the uniform video service license, the holder of the uniform video service license shall file with the clerk of the local government written notice of the termination. B. The holde…

A. Each local government whose boundaries change shall notify in a timely manner each video service provider that operates in the boundaries. Notification shall be made by certified mail, email or personal delivery. B. A video service provider may not be subject to or required to…

A. Except as otherwise provided in this section or otherwise required by federal law, including rules and regulations of the federal communications commission, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, as…

B. Effective on the date the holder files the written notice with the clerk of the local government, the term is extended for the specified period from and after the date of the end of the then-current term. C. Transferring, amending or modifying a uniform video service license u…

1. The local government where the subscriber resides. 2. The attorney general. 3. The federal communications commission. 4. Other authorities as provided by law. B. A local government may choose to monitor and assist subscribers with the subscriber service standards pursuant to 4…