A public body or a government official that is required to provide a class A notice:
Terms Used In Utah Code 63G-30-102
Affected area: means :
(a)
the area that is designated in statute, county ordinance, or municipal ordinance as the area for which public notice must be provided;
(b)
in relation to a statute, if no affected area is designated in the statute, the affected area is the state;
(c)
in relation to a county ordinance, if no affected area is designated in the county ordinance, the affected area is the county; or
(d)
in relation to a municipal ordinance, if no affected area is designated in the municipal ordinance, the affected area is the municipality. See Utah Code 63G-30-101
Government official: means an individual elected or appointed to a state office, county office, municipal office, school board, school district office, special district office, or special service district office. See Utah Code 63G-30-101
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Notice summary statement: means a statement that includes the following in relation to a public notice:
(a)
a title that accurately describes the purpose or subject of the public notice;
(b)
the name of the public body, or the name and title of the government official, that provides the public notice;
(c)
a statement that clearly describes the matter for which the public notice is given;
(d)
a general description of the area to which the public notice relates;
(e)
the dates and deadlines applicable to the matter for which the public notice is given; and
(f)
information specifying where a person may obtain a copy of the complete public notice, including:
(i)
the web address for the Utah Public Notice Website;
(ii)
if the public body or government official maintains a public website, the web address where the public notice is located;
(iii)
the address of a physical location where a copy of the public notice may be viewed or obtained; and
(iv)
a telephone number that an individual may call to request a copy of the public notice. See Utah Code 63G-30-101
a location that is open to the general public, regardless of whether the location is owned by a public entity, a private entity, or an individual; or
(b)
a location that is not open to the general public, but where the notice is clearly visible to, and may easily be read by, an individual while the individual is present in a location described in Subsection (5)(a). See Utah Code 63G-30-101
Public notice: means a notice that is required to be provided to the public by a public body or a government official. See Utah Code 63G-30-101
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Utah Public Notice Website: means the Utah Public Notice Website created in Section 63A-16-601. See Utah Code 63G-30-101
(a)
shall publish the public notice on the Utah Public Notice Website;
(b)
shall publish the public notice on the public body’s or government official’s official website, if the public body or government official:
(i)
maintains an official website; and
(ii)
has an annual operating budget of $250,000 or more; and
(c)
except as provided in Subsection (4), and subject to Subsection (5), post the public notice in connection with the affected area as follows:
(i)
if the affected area is a municipality with a population of less than 2,000, in a public location in or near the affected area that is reasonably likely to be seen by residents of the affected area;
(ii)
if the affected area is a proposed municipality with a population of less than 2,000, in a public location in or near the affected area that is reasonably likely to be seen by residents of the affected area;
(iii)
if the affected area is an area other than an area described in Subsections (1)(c)(i), (1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected area that is reasonably likely to be seen by:
(A)
residents of the affected area; or
(B)
if there are no residents within the affected area, individuals who pass through or near the affected area;
(iv)
if the affected area is a county, in a public location within the county that is reasonably likely to be seen by residents of the county;
(v)
if the affected area is a municipality with a population of 2,000 or more, or a proposed municipality with a population of 2,000 or more, in a public location within the municipality or proposed municipality that is reasonably likely to be seen by residents of the municipality or proposed municipality;
(vi)
if the affected area is a public street, on or adjacent to the public street;
(vii)
if the affected area is an easement:
(A)
on or adjacent to the easement; or
(B)
in a public location that is reasonably likely to be seen by persons who are likely to be impacted by the easement; or
(viii)
if the affected area is an interlocal entity, within, or as applicable near, each jurisdiction that is part of the interlocal entity, in accordance with the provisions of this Subsection (1) that apply to that jurisdiction.
(2)
Subject to Subsection (5), a public body or a government official that is required to provide a class B notice shall:
(a)
comply with the requirements described in Subsection (1) for a class A notice;
(b)
if a statute, county ordinance, or municipal ordinance requires that the notice be provided for a designated geographic area, mail or otherwise deliver the public notice or a notice summary statement to each residence within, and, in accordance with Subsection (3), to each owner of real property located within, the designated geographic area; and
(c)
if a statute, county ordinance, or municipal ordinance requires that the notice be provided to one or more designated persons or real property owners, mail or otherwise deliver the public notice or a notice summary statement, in accordance with Subsection (3), to each designated person and real property owner.
(3)
When providing notice to a real property owner under Subsection (2)(b) or (c), the public body or government official shall:
(a)
use the current residential or business address of the real property owner;
(b)
if the public body or government official is not reasonably able to obtain the address described in Subsection (3)(a), use the last known address of the real property owner that the public body or government official is able to obtain via a reasonable inquiry into public records; or
(c)
if the public body or government official is not reasonably able to obtain an address described in Subsection (3)(a) or (b), post the notice on the real property.
(4)
A government official, a public body, or any other body that is required to post notice under Subsection (1) is not required to comply with Subsection (1)(c) if:
(a)
the affected area is the state;
(b)
the body is a specified body, as defined in Section 52-4-103;
(c)
the public body is the Legislature or a public body within the state legislative branch; or
(d)
the government official is required to post the notice on behalf of a body described in Subsection (4)(b) or (c).
(5)
If a statute, ordinance, or rule requires a public body or government official to provide notice for a period of time:
(a)
in relation to posting the notice on the Utah Public Notice Website, the requirement is not violated due to temporary technological issues that interrupt the posting, unless the posting is interrupted for more than 25% of the required posting time;
(b)
in relation to posting the notice in a physical location, the requirement is fulfilled if:
(i)
the notice is posted at or, except to the extent prohibited by law, before the beginning of the period of time;
(ii)
the public body or government official does not remove the posting before the end of the period of time; and
(iii)
until the end of the period of time, the public body or government official:
(A)
periodically verifies that the notice remains in place; and
(B)
replaces the notice within a reasonable time after discovering that the notice has been removed or damaged; and
(c)
in relation to mailing, sending, or otherwise delivering notice to a person, the mailing is made at or, except to the extent prohibited by law, before, the beginning of the period of time.
