Chapter 4.05
GENERAL PROVISIONS AND DEFINITIONS
Sections:
Article I. Definitions and General Provisions
4.05.020 Declaration of purpose.
4.05.040 Existing law continued.
4.05.050 Criminal prosecution right.
4.05.060 Validity of title – Severability.
4.05.070 No mandatory duty – Civil liability.
4.05.080 General rules of interpretation.
4.05.100 Definitions applicable to title generally.
4.05.110 Acts include causing, aiding, and abetting.
Article II. Service Requirements
4.05.130 Constructive notice of recorded documents.
Article III. General Authority and Offenses
4.05.140 General enforcement authority.
4.05.150 Adoption of policy and procedures.
4.05.160 Authority to inspect.
4.05.170 False information or refusal prohibited.
4.05.180 Failure to obey a subpoena.
Article I. Definitions and General Provisions
4.05.010 Short title.
This title shall be known as the administrative code enforcement hearing program (ACE hearing program). This title shall also be known as Title 4, Eagle Mountain City Municipal Code. The ordinance codified in this title shall be referred to as chapters and sections of this title, unless the context clearly indicates otherwise. [Ord. O-05-2013 (Exh. A)].
4.05.020 Declaration of purpose.
The city council of Eagle Mountain City finds that the enforcement of the Eagle Mountain City Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to the protection of the public’s health, safety, and quality of life. The city council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative code enforcement hearings and judicial proceedings. The city council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with these regulations. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to gain compliance. [Ord. O-05-2013 (Exh. A)].
4.05.030 Scope.
The provisions of this title may be applied to all violations of the city code. It has been designed as an additional remedy for the city to use in achieving compliance of its ordinances. [Ord. O-05-2013 (Exh. A)].
4.05.040 Existing law continued.
The provisions of this title do not invalidate any other title or ordinance, but shall be read in conjunction with those titles and ordinances as an additional remedy available for enforcement of those ordinances. [Ord. O-05-2013 (Exh. A)].
4.05.050 Criminal prosecution right.
The city has sole discretion in deciding whether to file a civil or criminal case for the violation of any of its ordinances. The city may choose to file both, or one or the other. The enactment of this administrative remedy shall in no way interfere with the city’s right to prosecute city ordinance violations as criminal offenses. The city may use any of the remedies available under the law in both civil and criminal prosecution. If the city chooses to file both civil and criminal charges for the same day of violation, no civil penalties may be assessed, but all other remedies are available. [Ord. O-05-2013 (Exh. A)].
4.05.060 Validity of title – Severability.
If any section, subsection, sentence, clause, phrase, portion, or provision of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council of this city hereby declares that it would have adopted this title and each section, subsection, sentence, clause, phrase, portion, or provision thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments heretofore or hereafter made to this title. [Ord. O-05-2013 (Exh. A)].
4.05.070 No mandatory duty – Civil liability.
It is the intent of the city council that in establishing performance standards or establishing an obligation to act by a city officer or employee, these standards shall not be construed as creating a mandatory duty for purposes of tort liability if the officer or employee fails to perform his or her directed duty or duties. [Ord. O-05-2013 (Exh. A)].
4.05.080 General rules of interpretation.
For purposes of this title:
A. Any gender includes the other gender.
B. “Shall” is mandatory; “may” is permissive.
C. The singular number includes the plural, and the plural the singular.
D. Words used in the present tense include the past and future tense, and vice versa.
E. Words and phrases used in this title and not specifically defined shall be construed according to the context and approved usage of the language. [Ord. O-05-2013 (Exh. A)].
4.05.100 Definitions applicable to title generally.
The following words and phrases, whenever used in this title, shall be constructed as defined in this section, unless a different meaning is specifically defined elsewhere in this title and specifically stated to apply:
“Abatement” means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a violation, including, but not limited to, demolition, removal, repair, boarding, and securing or replacement of property.
“Administrative code enforcement order” means an order issued by an administrative law judge. The order may include an order to abate the violation, pay civil penalties and administrative costs, or take any other action as authorized or required by this title and applicable state codes.
“Administrative law judge” (ALJ) means the position appointed by the city council. The ALJ position may be a merit or contract position and is subject to all personnel rules, except the ALJ may not be disciplined for any decision made while conducting a hearing, as long as the decision is lawful and made in accordance with city ordinances, policy and procedure.
“City” means the area within the territorial city limits of Eagle Mountain City, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or incorporation provisions or any law.
“City council” means the city council of Eagle Mountain City.
“Code enforcement lien” means a lien recorded to collect outstanding civil penalties, administrative fees, and costs.
“Code enforcement performance bond” means a bond posted by a responsible person to ensure compliance with the city code, applicable state titles, a judicial action, or an administrative code enforcement order.
“Enforcement officer” means any person authorized to enforce violations of the city code or applicable state codes.
“Financial institution” means any person that holds a recorded mortgage or deed of trust on a property.
“Good cause” means incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; and acts of nature adverse to performing required acts.
“Imminent life safety hazard” means any condition that creates a present, extreme, and immediate danger to life, property, health, or public safety.
“Legal interest” means any interest that is represented by a document, such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien, or other similar instrument that is recorded with the county recorder.
“Notice of compliance” means a document issued by the city, representing that a property complies with the requirements outlined in the notice of violation.
“Notice of satisfaction” means a document or form approved by the administrative law judge or his or her designee which indicates that all outstanding civil penalties and costs have been either paid in full, or that the city has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt. In addition to the satisfaction of the financial debt, the property must also be in compliance with the requirements outlined in the notice of violation.
“Notice of violation” means a written notice prepared by an enforcement officer that informs a responsible person of code violations and orders them to take certain steps to correct the violations.
“Oath” includes affirmations and oaths.
“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
“Property owner” means the record owner of real property based on the county assessor’s records.
“Public nuisance” means any condition caused, maintained, or permitted to exist that constitutes a threat to the public’s health, safety, and welfare, or that significantly obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons. A public nuisance also has the same meaning as set forth in the Utah Code Annotated.
“Responsible person” means a person who is responsible for causing or maintaining a violation of the city code or applicable state codes. The property owner, tenant, person with a legal interest in the real property, or person in possession of the real property shall be liable for any violation maintained on the property. In all cases, the property owner shall be considered a responsible person.
“Written” includes handwritten, typewritten, photocopied, computer printed, or facsimile. [Ord. O-05-2013 (Exh. A)].
4.05.110 Acts include causing, aiding, and abetting.
Whenever any act or omission is made unlawful in this title, it shall include causing, permitting, aiding, or abetting such act or omission. [Ord. O-05-2013 (Exh. A)].
Article II. Service Requirements
4.05.120 Service of process.
A. Whenever service is required to be given under this title for enforcement purposes, the document shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:
1. Regular mail, postage prepaid, to the last known address of the owner(s) or other responsible person(s);
2. Posting the notice conspicuously on or in front of the property. If not inhabited, the notice must also be mailed as in subsection (A)(1) of this section. The form of the posted notice shall be approved by the enforcement officer or his or her designee;
3. Personal service pursuant to Utah Rules of Civil Procedure Rule 4(e)(1) or Rule 4(e)(5); or
4. Published in a newspaper of general circulation where the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process.
B. Whenever a code violation involves a motor vehicle, boat, trailer or other titled item, service shall be made by posting the notice conspicuously on the relevant motor vehicle, boat, trailer or other titled item and by one of the service methods set forth above. The owner(s) last known address obtained from motor vehicle records shall be deemed the correct address for purposes of service.
C. Service by regular mail in the manner described above shall be deemed served on the third day after the date of mailing.
D. If service complies with the requirements of this section, it shall be deemed a valid service even if a party claims not to have received the service and it shall not affect the validity of any proceedings taken under this title.
E. The failure to serve all responsible person(s) shall not affect the validity of any proceedings. [Ord. O-05-2013 (Exh. A)].
4.05.130 Constructive notice of recorded documents.
Whenever a document is recorded with the county recorder as authorized or required by this title or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents. [Ord. O-05-2013 (Exh. A)].
Article III. General Authority and Offenses
4.05.140 General enforcement authority.
Whenever the enforcement officer finds that a violation of the city code or applicable state codes has occurred or continues to exist, the appropriate administrative enforcement procedure may be used as outlined in this title. The enforcement officer or any designated enforcement officer has the authority and power necessary to gain compliance with the provisions of the city code and applicable state codes. These powers include the power to issue notices of violation and administrative citations, inspect public and private property, abate public and private property, and use whatever judicial and administrative remedies are available under the city code or applicable state codes. [Ord. O-05-2013 (Exh. A)].
4.05.150 Adoption of policy and procedures.
The administrative law judge is authorized to develop policies and procedures relating to the hearing procedures, scope of hearings, subpoena powers, and other matters relating to the administrative code enforcement hearing program. [Ord. O-05-2013 (Exh. A)].
4.05.160 Authority to inspect.
The enforcement officer is authorized to enter upon any property or premises to ascertain whether the provisions of the city code or applicable state codes are being obeyed and to make any examinations and surveys as may be necessary in the performance of the enforcement duties. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner based upon cause. If the responsible person refuses to allow the enforcement officer to enter the property, the enforcement officer shall obtain a search warrant. [Ord. O-05-2013 (Exh. A)].
4.05.170 False information or refusal prohibited.
It shall be unlawful for any person to willfully make a false statement or refuse to give his or her name or address with intent to deceive or interfere with a city employee when in the performance of his or her official duties under the provisions of this title. A violation of this section is a class B misdemeanor. [Ord. O-05-2013 (Exh. A)].
4.05.180 Failure to obey a subpoena.
It is unlawful for any person to refuse or fail to obey a subpoena issued for an administrative code enforcement hearing. Failure to obey a subpoena constitutes contempt and may be prosecuted as a class B misdemeanor. [Ord. O-05-2013 (Exh. A)].