Chapter 4.20
RECOVERY OF CODE ENFORCEMENT PENALTIES AND COSTS
Sections:
Article I. Code Enforcement Tax Liens
4.20.010 Declaration of purpose.
4.20.020 Procedures for tax liens without a judgment.
4.20.030 Procedures for tax liens with a judgment.
4.20.040 Cancellation of code enforcement tax lien.
Article II. Writ of Execution
4.20.050 Recovery of costs by writ of execution.
Article III. Writ of Garnishment
4.20.060 Recovery of costs by writ of garnishment.
Article IV. Allocation of Funds Collected under Administrative Code Enforcement Hearing Program
4.20.080 Repayment to abatement superfund.
4.20.090 Code enforcement administrative fees and cost fund.
4.20.100 Allocation of civil penalties.
Article I. Code Enforcement Tax Liens
4.20.010 Declaration of purpose.
The city council finds that recordation of code enforcement tax liens will assist in the collection of civil penalties, administrative costs, and administrative fees assessed by the administrative code enforcement hearing program or judicial orders. The city council further finds that collection of civil penalties, costs, and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city’s code enforcement system. The procedures established in this chapter shall be used to complement existing administrative or judicial remedies that may be pursued to address violations of the city code or applicable state codes. [Ord. O-05-2013 (Exh. A)].
4.20.020 Procedures for tax liens without a judgment.
A. Once the city has abated a property for weeds, garbage, refuse, or unsightly or deleterious objects or structures, the enforcement officer shall prepare an itemized statement of costs and mail by certified mail to the owner of record according to the records of the county recorder a copy of the statement of costs demanding payment within 30 days after the day on which the statement of costs is postmarked. The statement of costs shall include: (1) the address of the property; (2) an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the city; and (3) the address where payment may be made for the expenses. The statement of costs shall also notify the property of the following: (1) that the failure to pay the expenses may result in a lien on the property; (2) the owner may file a written objection to all or part of the statement of costs within 20 days after the day of the statement postmark; and (3) where the owner may file the objection.
B. The enforcement officer may file a notice of a lien, including a copy of the statement of costs or a summary of the statement of costs, in the records of the Utah County recorder.
C. If the enforcement officer files a notice of a lien indicating that the municipality intends to certify the unpaid costs, the enforcement officer shall file for record in the Utah County recorder’s office a release of the lien after all amounts owing are paid. If an owner fails to file a timely written objection or to pay the amount set forth in the statement of costs, the city may: (1) file an action in district court; or (2) certify the past due costs and expenses to the Utah County treasurer, or both. If the city pursues collection of the costs, the city may: (1) sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and (2) execute on the judgment in the manner provided by law.
D. If a property owner files an objection, the administrative law judge shall: (1) hold a hearing in accordance with Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and (2) mail or deliver notice of the hearing date and time to the property owner. At the hearing, the administrative law judge shall review and determine the actual cost of abatement, if any. The property owner shall pay any actual cost due after a decision by the administrative law judge at the hearing to the Utah County treasurer within 30 days after the day on which the hearing is held. If the property owner fails to pay, the city may file an action in district court for the actual cost or certify the past due costs and expenses to the Utah County treasurer.
E. This section does not affect or limit any criminal or civil penalty imposed by the city. [Ord. O-05-2013 (Exh. A)].
4.20.030 Procedures for tax liens with a judgment.
Once a judgment has been obtained from the appropriate court assessing costs against the responsible person(s), the enforcement officer may record a code enforcement tax lien against any real property owned by the responsible person(s). [Ord. O-05-2013 (Exh. A)].
4.20.040 Cancellation of code enforcement tax lien.
Once payment in full is received for the outstanding civil penalties and costs, or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the enforcement officer shall either record a notice of satisfaction of judgment, or provide the property owner or financial institution with the notice of satisfaction of judgment so that it can record this notice with the county recorder’s office. The notice of satisfaction of judgment shall include the same information as provided for in the original code enforcement tax lien. Such notice of satisfaction of judgment shall cancel the code enforcement tax lien. [Ord. O-05-2013 (Exh. A)].
Article II. Writ of Execution
4.20.050 Recovery of costs by writ of execution.*
After obtaining a judgment, the enforcement officer may collect the obligation by use of all appropriate legal means. This may include the execution on personal property owned by the responsible person by filing a writ with the applicable court. [Ord. O-05-2013 (Exh. A)].
* Code reviser’s note: Ord. O-05-2013 adds two sections numbered 4.20.040. This and subsequent sections in the chapter have been editorially renumbered to avoid duplication of numbering.
Article III. Writ of Garnishment
4.20.060 Recovery of costs by writ of garnishment.
After obtaining a judgment, the enforcement officer may collect the obligation by use of all appropriate legal means. This may include the garnishment of paychecks, financial accounts, and other income or financial assets by filing a writ with the applicable court. [Ord. O-05-2013 (Exh. A)].
Article IV. Allocation of Funds Collected under Administrative Code Enforcement Hearing Program
4.20.070 Abatement superfund.
There is hereby established a revolving fund to be known as the “abatement superfund” to defray costs of administrative and judicial abatements. The fund shall be reimbursed by collection from the property or property owner as specified in this title and by the courts. The director shall establish accounting procedures to ensure proper account identification, credit, and collection. This fund may be operated and used in conjunction with procedures ordered or authorized under the abatement provision of this title. [Ord. O-05-2013 (Exh. A)].
4.20.080 Repayment to abatement superfund.
All monies recovered from the sale or transfer of property or by payment for the actual abatement costs shall be paid to the city treasurer, who shall credit the appropriate amount to the abatement superfund. [Ord. O-05-2013 (Exh. A)].
4.20.090 Code enforcement administrative fees and cost fund.
Administrative fees and administrative costs, except for actual abatement costs collected pursuant to this chapter, shall be deposited in the “abatement fund,” as established by the enforcement officer for the enhancement of the city’s code enforcement efforts and to reimburse city departments for investigative costs and costs associated with the hearing process. Fees and costs deposited in this fund shall be appropriated and allocated in a manner determined by the enforcement officer. The city auditor shall establish accounting procedures to ensure proper account identification, credit, and collection. [Ord. O-05-2013 (Exh. A)].
4.20.100 Allocation of civil penalties.
Civil penalties collected pursuant to this chapter shall be deposited in the general fund of the city. Civil penalties deposited in this fund shall be appropriated and allocated in a manner determined by the city manager and the city council. The city auditor shall establish accounting procedures to ensure proper account identification, credit, and collection. [Ord. O-05-2013 (Exh. A)].