Chapter 4.15 ADMINISTRATIVE AND JUDICIAL REMEDIES

The city council finds that there is a need for alternative methods of enforcement for violations of the city code and applicable state codes that are found to exist on real property. The city council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation.

The procedures established in this chapter shall be in addition to criminal, civil, or any other remedy established by law that may be pursued to address the violation of the city code or applicable state codes. [Ord. O-05-2013 (Exh. A)].

4.15.020 Authority.

Whenever the enforcement officer determines that a property or violation has not been brought into compliance as required in this title, the enforcement officer has the authority to record the notice of violation or administrative code enforcement order with the recorder’s office of Utah County. [Ord. O-05-2013 (Exh. A)].

4.15.030 Procedures for recordation.

A. Once the enforcement officer has issued a notice of violation to a responsible person, and the property remains in violation after the deadline established in the notice of violation, and no request for an administrative hearing has been filed, the enforcement officer shall record a notice of violation with the recorder’s office of Utah County.

B. If an administrative hearing is held, and an order is issued in the city’s favor, the city recorder shall record the administrative code enforcement order with the recorder’s office of Utah County.

C. The recordation shall include the name of the property owner, the parcel number, the legal description of the parcel, and a copy of the notice of violation or order.

D. The recordation does not encumber the property, but merely places future interested parties on notice of any continuing violation found upon the property. [Ord. O-05-2013 (Exh. A)].

4.15.040 Service of notice of recordation.

A notice of the recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in EMMC 4.05.120. [Ord. O-05-2013 (Exh. A)].

4.15.050 Failure to request.

The failure of any person to file a request for an administrative code enforcement hearing when served with a notice of violation shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation. [Ord. O-05-2013 (Exh. A)].

4.15.060 Notice of compliance – Procedures.

A. When the violations have been corrected, the responsible person or property owner may request an inspection of the property from the enforcement officer.

B. Upon receipt of a request for inspection, the enforcement officer shall reinspect the property as soon as practicable to determine whether the violations listed in the notice of violation or the order have been corrected, and whether all necessary permits have been issued and final inspections have been performed.

C. The enforcement officer shall serve a notice of satisfaction to the responsible person or property owner in the manner provided in EMMC 4.05.120, if the enforcement officer finds that:

1. All violations listed in the recorded notice of violation or order have been corrected;

2. All necessary permits have been issued and finalized;

3. All civil penalties assessed against the property have been paid or satisfied; and

4. The party requesting the notice of satisfaction has paid all administrative fees and costs.

D. If the enforcement officer denies a request to issue a notice of satisfaction, upon request the enforcement officer shall serve the responsible person with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in EMMC 4.05.120. [Ord. O-05-2013 (Exh. A)].

4.15.070 Prohibition against issuance of municipal permits.

The city may withhold business licenses; permits for kennels; permits for any alteration, repair, or construction to any existing or new structures or signs on the property; or any permits pertaining to the use and development of the real property or the structure. The city may withhold permits until a notice of satisfaction has been issued by the enforcement officer. The city may not withhold permits that are necessary to obtain a notice of satisfaction or that are necessary to correct serious health and safety violations. [Ord. O-05-2013 (Exh. A)].

4.15.080 Cancellation of recorded notice of violation.

The enforcement officer or responsible person shall record the notice of satisfaction with the county recorder’s office. Recordation of the notice of satisfaction shall have the effect of canceling the recorded notice of violation. [Ord. O-05-2013 (Exh. A)].

Article II. Administrative Civil Penalties

4.15.090 Authority.

A. Any person violating any provision of the city code or applicable state codes may be subject to the assessment of civil penalties for each violation.

B. Each and every day a violation of any provision of the city code or applicable state codes exists is a separate violation subject to the assessment of civil penalties.

C. Civil penalties cannot be assessed when a criminal case has been filed for the same date and violation, because fines will be assessed with the criminal case.

D. Interest shall be assessed per city policy on all outstanding civil penalties balances until the case has been paid in full.

E. Civil penalties for violations of any provision of the city code or applicable state codes shall be assessed at the rate established in the Eagle Mountain City consolidated fee schedule. [Ord. O-05-2013 (Exh. A)].

4.15.100 Procedures for assessing civil penalties.

A. If a responsible person fails to bring a violation into compliance within 10 days of service of the notice of violation, civil penalties shall be owed to the city for each and every subsequent day of violation at the rate established in the Eagle Mountain City consolidated fee schedule.

B. Civil penalties are assessed and owing immediately for any violation of the city code or applicable state codes for an administrative citation. [Ord. O-05-2013 (Exh. A)].

4.15.110 Determination of civil penalties.

A. Civil penalties shall be assessed per violation per day at the rate established in the Eagle Mountain City consolidated fee schedule.

B. Civil penalties shall continue to accrue until the violation(s) has/have been brought into compliance with the city code or applicable state codes. [Ord. O-05-2013 (Exh. A)].

4.15.120 Modification of civil penalties.

A. Upon completion of the notice of violation or administrative enforcement order, the administrative law judge may modify the civil penalties on a finding of good cause.

B. Civil penalties may be waived or modified by the administrative law judge if there is a finding of good cause based on the responsible person’s claim of nonconforming use or conditional use and:

1. The city’s need to verify the claim; or

2. The responsible person’s filing of an application for either use before expiration of the date to correct. [Ord. O-05-2013 (Exh. A)].

4.15.130 Failure to pay penalties.

The failure of any person to pay civil penalties assessed within the specified time may result in the enforcement officer pursuing any legal remedy to collect the civil penalties as provided in the law. [Ord. O-05-2013 (Exh. A)].

Article III. Abatement of Violations

4.15.140 Authority to abate.

The enforcement officer is authorized to enter upon any property or premises to abate the violation of the city code and applicable state codes. The enforcement officer is authorized to assess all costs for the abatement to the responsible person and use any remedy available under the law to collect the costs. If additional abatements are necessary within two years, treble costs may be assessed against the responsible person(s) for the actual abatement. [Ord. O-05-2013 (Exh. A)].

4.15.150 Procedures for abatement.

A. Once the procedures set forth in this title have been completed, the violation may be abated by city personnel or by a private contractor acting under the direction of the city.

B. City personnel or a private contractor may enter upon private property in a reasonable manner to abate the ordinance violation as specified in the notice of violation or administrative code enforcement order.

C. If the responsible person abates the violation before the city performs the actual abatement pursuant to a notice of violation or administrative code enforcement order, the enforcement officer may still assess all costs incurred by the city against the responsible person.

D. When the abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement officer. The report shall contain the names and addresses of the responsible persons of each parcel, and the tax parcel number.

E. The enforcement officer shall serve the notice of costs and the itemized bill of costs by registered mail to the last known address of the responsible person(s). The notice shall demand full payment within 20 days to the city treasurer.

F. The enforcement officer shall schedule an itemized bill for costs hearing, if requested in writing by any or all responsible persons. [Ord. O-05-2013 (Exh. A)].

Article IV. Costs

4.15.160 Declaration of purpose.

A. The city council finds that there is a need to recover costs incurred by enforcement officers and other city personnel who spend considerable time inspecting and reinspecting properties throughout the city in an effort to ensure compliance with the city code or applicable state codes.

B. The city council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, reinspection fees, filing fees, attorney fees, administrative law judge’s fees, title search, and any additional actual costs incurred by the city for each individual case. The assessment and collection of costs shall not preclude the imposition of any administrative or judicial civil penalties or fines for violations of the city code or applicable state codes. [Ord. O-05-2013 (Exh. A)].

4.15.170 Authority.

A. Whenever actual costs are incurred by the city on a property to obtain compliance with provisions of the city code and applicable state codes, the enforcement officer may assess costs against the responsible person.

B. Once a notice of violation has been issued, the property will be inspected one time. Any additional inspections shall be subject to reinspection fees pursuant to the city fee schedule. [Ord. O-05-2013 (Exh. A)].

4.15.180 Notification of assessment of reinspection fees.

A. Notification of reinspection fees shall be provided on the notice of violation served to the responsible person(s).

B. Reinspection fees assessed or collected pursuant to this chapter shall not be included in any other costs assessed.

C. The failure of any responsible person to receive notice of the reinspection fees shall not affect the validity of any other fees imposed under this chapter. [Ord. O-05-2013 (Exh. A)].

4.15.190 Failure to timely pay costs.

The failure of any person to pay assessed costs by the deadline specified in the invoice shall result in a late fee pursuant to city policy. [Ord. O-05-2013 (Exh. A)].

Article V. Administrative Fees

4.15.200 Administrative fees.

The enforcement officer or administrative law judge is authorized to assess administrative fees for costs incurred in the administration of this program, such as investigation of violations, preparation for hearings, hearings, and the collection process. The fee assessed shall be the amount set in the Eagle Mountain City consolidated fee schedule. [Ord. O-05-2013 (Exh. A)].

Article VI. Injunctions

4.15.210 Civil violations – Injunctions.

In addition to any other remedy provided under the city code or state codes, including criminal prosecution or administrative remedies, any provision of the city code may be enforced by injunction issued in the Third District Court upon a suit brought by the city. [Ord. O-05-2013 (Exh. A)].

Article VII. Performance Bonds

4.15.220 Performance bond.

A. As part of any notice, order, or action, the administrative law judge has the authority to require responsible persons to post a performance bond to ensure compliance with the city code, applicable state codes, or any judicial action.

B. If the responsible person fails to comply with the notice, order, or action, the bond will be forfeited to the city. The bond will not be used to offset the other outstanding costs and fees associated with the case. [Ord. O-05-2013 (Exh. A)].