Chapter 1.15
GENERAL PENALTY

Sections:

1.15.010    Civil penalties for unauthorized use of land.

1.15.010 Civil penalties for unauthorized use of land.

A.    Any person using land located within the boundaries of Manila in violation of the zoning and planning, subdivision, business, or building ordinances of said town is declared to be engaging in the unauthorized use of land.

B.    Any person engaging in the unauthorized use of land within the town shall be liable for a civil penalty. Any civil penalty assessed may be in addition to such other penalties as may be provided by the ordinances of Manila Town, or the statutes of the state of Utah.

C.    Each day a person engages in the unauthorized use of land within the town of Manila constitutes a separate offense and shall be subject to a separate and additional civil penalty for each day a violation continues.

D.    The civil penalty shall be imposed as follows:

Code Chapter	Penalty
Chapter 5.05 MMC, Business Licenses	$100.00

E.    The civil penalty specified in this section shall be subject to the following:

1.    Any penalty paid within five days of the receipt of notice of the penalty shall be reduced by the sum of $75.00.

2.    Any penalty paid within 10 days from date of notice shall be reduced by the sum of $50.00.

3.    Any penalty paid within 15 days from date of receipt of notice shall be reduced by the sum of $25.00.

F.    As used in this section, “receipt of notice” means the affixing of a notice to the property or structure which is in violation of the ordinances of the town of Manila, or by delivery of such notice to the owner or occupant thereof.

G.    Whenever any property shall be used in a manner in violation of the ordinances of the town of Manila, the person to whose name such property is listed on the records of Daggett County shall be liable for such unauthorized use and penalty therefor.

H.    If the civil penalty is not paid within 30 days after issuance of notice of violation, the town recorder shall mail a copy of the notice of violation by certified mail to the address of the real property shown on the official records of Daggett County.

I.    If the civil penalty is not paid within 30 days, the full amount of the civil penalty shall be immediately due and payable and the town of Manila may exercise any and all legal remedies, including filing an action in the courts to obtain judgment for the assessed civil penalties. The imposition by the town from time to time of civil penalties shall not prevent the town of Manila from applying to the court for injunctive relief, nor shall the assessment of a civil penalty preclude prosecution for any criminal offense committed by any person in the town of Manila.

J.    The mayor shall execute the notice of violation (unauthorized use) and shall give or cause to be given notice of the violation to the property owner as prescribed in this section.

K.    The Manila town council is designated as the hearing board to consider matters relating to the unauthorized use of property within the town of Manila.

L.    Any person having received a notice of such unauthorized use or the owner of any property employed in such use may appear before the town council and present and contest such alleged unauthorized use.

M.    A person wishing to contest a notice of unauthorized use must deliver a written notice of appeal to the town recorder within 10 days after receipt of notice. The notice of appeal must be in writing, addressed to the town council, and set forth:

1.    The date and nature of the violation as set forth in the notice of unauthorized use that is being appealed;

2.    Describe in detail the relief requested; and

3.    Set forth all facts and circumstances justifying the requested relief.

N.    Within 15 days after delivery of the notice of appeal, the mayor shall schedule a date for the hearing before the town council. This date logically may correspond with the next scheduled meeting date of the Manila town council. Notice of the hearing date shall be sent by regular mail, postage prepaid, to the address listed on the notice of appeal at least 10 days prior to the date set for the hearing.

O.    If it is necessary to bring an action in the courts to obtain judgment or otherwise enforce this section, the party violating this section shall be liable, not only for the penalties provided by this section, but also for costs and attorney’s fees necessarily incurred by the town of Manila. [Ord. 9-10-98 §§ 1 – 15.]