Chapter 21A.20
ENFORCEMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070
21A.20.010: DEFINED TERMS:
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
21A.20.040: CIVIL FINES:
21A.20.050: DAILY VIOLATIONS:
21A.20.060: COMPLIANCE:
21A.20.070: RECURRING VIOLATIONS:
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:

21A.20.010: DEFINED TERMS:linklink


In this chapter, the words, terms, phrases and their derivatives shall have the meanings as stated and defined in this chapter.

CITATION DEADLINE: The date identified in the second notice of violation described in subsection 21A.20.030E of this chapter.

CIVIL ENFORCEMENT OFFICER: An employee of Salt Lake City's Division of Building Services, or of the successor Salt Lake City division authorized to perform civil enforcement functions, or any duly authorized agent, representative or designee.

DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City division authorized to perform civil enforcement functions.

FIRST NOTICE: The initial notice informing the person cited that a zoning violation exists.

NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has been cured.

PERSON CITED: The property owner, property owner's agent, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this title, and who received the notice of violation and is being held responsible for the violation.

PROPERTY OWNER: Any person who, alone or jointly or severally with others, holds legal title to the property at issue.

SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin to accrue if the zoning violation is not corrected. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296351
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:linklink

A Civil Enforcement Officer may investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures set forth in this chapter. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296352
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:linklink


A. If the Civil Enforcement Officer finds that any provision of this title is being violated, the Civil Enforcement Officer may provide a written notice to the property owner and any other person determined to be responsible for such violation. The written notice shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be provided at the Civil Enforcement Officer's discretion.


B. The written notice shall state what action the division intends to take if the violation is not corrected. The written notice shall include information regarding the established warning period for the indicated violations and shall serve to start any warning periods provided in this chapter.


C. Such written notice issued by the Civil Enforcement Officer shall be deemed sufficient and complete when:

1. A copy of the written notice is posted on the property where said violation(s) occur, and

2. The written notice is either:

a. Mailed certified mail or commercial courier service to the property owner at the last known address appearing on the records of the County Recorder and any other person determined to be responsible for such violation, at their last known address, or

b. Personally served upon the property owner and any other person determined to be responsible for such violation.


D. In cases when delay in enforcement would seriously threaten the effective enforcement of this title, or pose a danger to the public health, safety or welfare, the Civil Enforcement Officer may seek enforcement without prior written notice by invoking any of the civil fines or remedies authorized in section 21A.20.060 of this chapter.


E. If the violation remains uncured within five (5) business days of the expiration of the warning period set forth in the notice described in subsections A through C of this section, a second notice of violation shall be delivered by mailing, postage prepaid, addressed to the person cited at the last known address appearing on the records of the County Recorder. The second notice shall identify the citation deadline and state that the civil fines set forth in section 21A.20.040 of this chapter will begin to accrue if the violations are not remedied by that date. (Ord. 56-18, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296353
21A.20.040: CIVIL FINES:linklink

If the violations are not corrected by the citation deadline, civil fines shall accrue at twenty five dollars ($25.00) a day per violation for those properties legally used for purposes that are solely residential uses, and one hundred dollars ($100.00) a day per violation for those properties used for purposes that are not residential uses. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296354
21A.20.050: DAILY VIOLATIONS:linklink

Each day a violation continues after the citation deadline shall be considered a separate offense and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the obligation for payment of civil fines already accrued, shall stop upon correction of the violation. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296355
21A.20.060: COMPLIANCE:linklink

The City may use such lawful means as are available to obtain compliance with the provisions of this title and to collect the civil fines that accrue as a result of the violation of the provisions of this title, including a legal action to obtain one or more of the following: an injunction, an order of mandamus, an order requiring the property owner or occupant to abate the violations, an order permitting the City to enter the property to abate the violations, and a judgment in the amount of the civil fines accrued for the violation, including costs and attorney fees.

Violations of the provisions of this title or failure to comply with any of its requirements are punishable as a Class B misdemeanor upon conviction. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296356
21A.20.070: RECURRING VIOLATIONS:linklink

In the case where a violation, which had been corrected, reoccurs within six (6) months of the initial correction, the division may begin enforcement of said recurring violation by sending by certified mail a Notice and Order in the form described in subsection 21A.20.030B of this chapter. Civil fines set forth in section 21A.020.040 of this chapter will begin accruing, if the violation is not remedied within ten (10) calendar days of the citation deadline contained in that notice. (Ord. 56-18, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296357
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:linklink


A. Powers And Duties Of Fines Hearing Officer: The Fines Hearing Officer, appointed pursuant to section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed pursuant to this chapter. As set forth in this section, the Fines Hearing Officer may reduce civil fines and approve civil fine payment schedules.


B. Right To Appear: Any person receiving a notice of violation may appear before a Fines Hearing Officer to appeal the amount of the civil fine imposed by submitting a civil fine appeal on a form provided by the division. However, no party may appear before a Fines Hearing Officer until violations identified have been corrected and a notice of compliance has been issued. Appeals to a Fines Hearing Officer contesting the amount of the civil fine imposed, must be filed within thirty (30) days from the date of the notice of compliance.


C. Responsibility: Commencement of any action to remove or reduce civil fines shall not relieve the responsibility of any person cited to cure the violation or make payment of subsequently accrued civil fines nor shall it require the City to reissue any of the notices required by this chapter.


D. Reduction Of Civil Fine: Civil fines may be reduced at the discretion of the Fines Hearing Officer after the violation is cured and if any of the following conditions exist:

1. The violation pertains to landscaping, in which case the time for payment and correction of landscaping violations may be abated from October 15 through the next April 1, or such other times as caused by weather conditions adverse to successful landscaping;

2. Strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property;

3. The violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance;

4. A change in the actual ownership of the property was recorded with the Salt Lake County Recorder's Office after the first or second notice was issued and the new property owner is not related by blood, marriage or common ownership to the prior owner; or

5. Such other mitigating circumstances as determined by the Fines Hearing Officer.


E. Payment Schedule: At the request of a person subject to civil fines governed by this chapter, the Fines Hearing Officer may approve a payment schedule for the delayed or periodic payment of the applicable civil fine to accommodate the person's unique circumstances or ability to pay.


F. Failure To Submit Payment On Payment Schedule: If a payment schedule has been developed by the Fines Hearing Officer, the failure by a person owing civil fines to submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine to become immediately due. (Ord. 56-18, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296358
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:linklink


A. If the City obtains a court order permitting entry on the property for the purpose of abating zoning violations, the division shall provide written notice of that order to the property owner of record at the address on file with the County Recorder.


B. The notice shall: 1) identify the property owner of record according to the records of the County Recorder, 2) describe the property and the violations the court order permits the division to enter the property to abate, 3) attach a copy of the court order, and 4) provide the property owner thirty (30) days from the date the notice is served to abate the violations the court order permits the division to enter the property to abate.


C. Notice may be delivered in person, or by certified mail, or by commercial courier service, if mailed to the last known address of the property owner according to the records of the County Recorder.


D. If the zoning violations are not corrected by the property owner within thirty (30) days of the date the notice is served, then the division may employ any necessary assistance to enter the property and abate the zoning violations, as permitted by the court order. (Ord. 56-18, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296359
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:linklink


A. If the division or an agent of the division enters a property to abate a violation pursuant to a court order, as set forth in section 21A.20.090 of this chapter, the division may collect the cost of that abatement, by filing a Property Tax lien, as set forth in this section.


B. Upon completion of abatement work, the division shall prepare an itemized statement of costs and mail it to the property owner by certified mail, demanding payment within thirty (30) days of the date the statement is post marked.


C. The itemized statement of costs shall:

1. Include:

a. The address of the property at issue;

b. An itemized list of all expenses incurred by the division, including administrative costs;

c. A demand for payment; and

d. The address where payment is to be made;

2. Notify the property owner:

a. That failure to timely pay the expenses described in the itemized statement may result in a lien on the property in accordance with this chapter and Utah Code section 10-11-4 or its successor;

b. That the property owner may file a written objection to all or part of the statement within twenty (20) days of the date the statement is postmarked; and

c. Where the property owner may file the objection, including the name of the office and the mailing address.


D. The itemized statement of costs described in subsection C of this section shall be deemed delivered when mailed by certified mail addressed to the last known address of the property owner, according to the records of the County Recorder.


E. If the property owner files a timely objection, the division will schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating the date, time, and location of the hearing.


F. At the hearing described in subsection E of this section, a Fines Hearing Officer shall review and determine the actual cost of abatement incurred by the division in abating the property, including administrative costs. The property owner must pay any amount the Fines Hearing Officer determines is due and owing to the Salt Lake City Treasurer at the address provided in the statement of costs within thirty (30) days of the date of the hearing.


G. If the property owner fails to make payment of the amount set forth in the itemized statement within thirty (30) days of the date of the mailing of that statement, or to file a timely objection, then the division may certify the past due costs and expenses to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4 or its successor.


H. If the property owner files a timely objection but fails to make payment of any amount found due and owing under subsection F of this section within thirty (30) days of the date of the hearing, the division may certify the past due costs and expense to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.


I. After entry by the Treasurer of the County, as set forth in subsections G and H of this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the time of the payment of general taxes.


J. Notwithstanding any other provision in this chapter to the contrary, where the property owner presents evidence demonstrating financial hardship to the satisfaction of the division, the division may waive some or all administrative fees and the actual costs incurred in abating the property if the property abated is the property owner's principal place of residence. (Ord. 56-18, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49070#s1296360