ORDINANCE # 2024-O-4
EXHIBIT A
TITLE 12- CIVIL CODE ENFORCEMENT
CHAPTER 12-1 -GENERAL
12-1-010 Short Title
This Title shall be known as the "Civil Code Enforcement Program" or “CCE Program.” This Chapter shall also be known as Chapter 12-1, of the Town of Alta Municipal Code. It may be cited and pleaded under either designation.
12-1-030 Declaration Of Purpose
The Town of Alta finds that the enforcement of its Municipal Code and applicable state codes throughout the Town is an important public service. Code enforcement and nuisance abatement are vital to the protection of the public's health, safety, and quality of life. The Council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in civil code enforcement hearings and judicial proceedings. The Council further finds that a comprehensive code enforcement system that uses a combination of criminal, civil, and administrative remedies is critical to gain compliance with these regulations in a manner that is fair and equitable to the Town of Alta and its occupants. Failure to comply with a civil code enforcement action may require the Town Attorney to file a judicial action to gain compliance.
12-1-040 Scope
The provisions of this Title may be applied to all violations of the Alta Town Code, except as prohibited by Town Ordinance or Utah statute, and is designed as an additional remedy for the Town of Alta to use in achieving compliance of its ordinances.
12-1-050 Existing Ordinances and Laws 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 the enforcement of those ordinances together with any and all other applicable laws. If there is a conflict between this Title and another provision of the Town Code, this Title shall control.
12-1-060 Criminal Prosecution Right
The Town of Alta has sole discretion in deciding whether to file a civil or criminal case for the violation of any of its ordinances. The enactment of the administrative remedies set forth in this Title shall in no way interfere with the Town of Alta's right to prosecute ordinance violations as criminal offenses in a court of law. The Town of Alta may use any of the remedies available under the law in both civil and criminal prosecution. If the Town of Alta chooses to file both civil and criminal charges for the same day of a violation, no civil fines may be assessed, but all other remedies will be available.
12-1-070 Effect of Headings
Title, chapter, part and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, part, or section hereof.
12-1-080 Validity of Title - Severability
If any chapter, part, 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 Council hereby declares that it would have adopted this Title and chapter, part, 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.
12-1-090 No Mandatory Duty - Civil Liability
It is the intent of the Council that in establishing performance standards or establishing an obligation to act by a Town of Alta officer, employee, or designee, these standards shall not be construed as creating a mandatory duty for purposes of tort liability if the officer, employee, or designee fails to perform directed duties.
12-1-100 General Rules of Interpretation of Ordinances
For purposes of this Title:
(1) Any gender includes the other gender(s). (2) "Shall" is mandatory; "may" is permissive. (3) The singular number includes the plural, and the plural the singular. (4) Words used in the present tense include the past and future tense, and vice versa. (5) Words and phrases used in this Title, and not specifically defined, shall be construed according to the context and approved usage of the language.
12-1-110 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:
(1).
"Abate" or "Abatement" means any action the Town of Alta 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.
(2).
"Civil 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.
(3).
"Administrative Law Judge" or "hearing officer'' means the position established by the Town of Alta to adjudicate civil enforcement actions.
(4).
"Animal Control Administrator" means the Town Marshal’s department. (See Alta Code 5-2-2.)
(5).
"Chief Building Inspector" means the official authorized and responsible for planning, directing, and managing the building inspection activities within the Town of Alta.
(6).
"Council" means the Alta Town Council.
(7).
"Code Enforcement Lien" means a lien recorded to collect outstanding civil penalties, administrative fees, and costs.
(8).
"Code Enforcement Performance Bond" means a bond posted by a responsible person to ensure compliance with the Town of Alta Code, applicable state titles, a judicial action, or a civil code enforcement order.
(9).
"County" means Salt Lake County, Utah.
(10).
"Town Manager" means the Town Manager of the Town or authorized agent(s) or any other person/entity and their authorized agent(s) that the Town of Alta has authorized to provide code enforcement services.
(11).
"Enforcement Official" means any person authorized to enforce violations of the Town of Alta Code or applicable state codes.
(12).
"Financial Institution" means any person that holds a recorded mortgage or deed of trust on a property.
(13).
"Fire Department" means the applicable entity that is authorized and responsible for providing fire and emergency services to the Town of Alta.
(14).
"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.
(15).
"Imminent Life Safety Hazard" means any condition that creates a present, extreme, and immediate danger to life, property, health, or public safety.
(16).
"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.
(17).
“Town of Alta," means the Town of Alta, a municipal corporation under state law.
(18).
"Town'' means the area within the territorial municipal limits of the Town of Alta, and such territory outside of this Town of Alta over which the Town of Alta has jurisdiction or control by virtue of any constitutional or incorporation provisions or any law.
(19).
"Violation" means public nuisance violations, as defined in Town ordinance or Utah law, to include:
a. Land uses that do not conform to existing zoning of the property;
b. Unauthorized collections of motor vehicles that are unlicensed, unregistered, and/or inoperable;
c. Trash, litter, illegal dumping, and weeds;
d. Nuisance noise and lighting;
e. Illegal advertising;
f. The unauthorized use of public streets and sidewalks that stem from news racks, merchandise displays, mobile food vending, and other such illegal uses; and
g. Any violation of Town of Alta ordinances.
(20).
"Notice of Compliance" means a document issued by the Town of Alta, representing that a property complies with the requirements outlined in the notice of violation.
(21).
"Notice of Satisfaction" means a document or form approved by the Administrative Law Judge or designee, which indicates that all outstanding civil penalties and costs have been either paid in full, or that the Town of Alta 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.
(22).
"Notice of Violation" means a written notice prepared by an enforcement official that informs a responsible person of code violations and orders them to take certain steps to correct the violations.
(23).
"Oath" includes affirmations and oaths.
(24).
"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.
(25).
"Program" means the civil code enforcement Program authorized under this Title.
(26).
"Property Owner" means the record owner of real property based on the county assessor's records.
(27).
"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 and Town of Alta Code 4-1 “Nuisances and Weed Control.”
(28).
"Responsible Person" means a person who has charge, care, or control of any premises, dwelling, or dwelling unit as the legal or equitable owner, agent of the owner, lessee, or as an executor, administrator, trustee or guardian of the estate of the owner. In all cases, the person with legal title to any premises, dwelling, or dwelling unit shall be considered a responsible person, with or without accompanying actual possession thereof.
(29).
"Treasurer" means the Town of Alta Treasurer as designated pursuant to Utah Code Ann. § 10-3c-203 or successor statute(s).
(30).
"Written" includes handwritten, typewritten, photocopied, computer printed, emailed or facsimile.
12-1-111 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.
12-1-200 Part 2 - Service Requirements
12-1-210 Service of Process
(1) Whenever service is required to be given under this Title, service shall be made in accordance with Utah Code Ann. § 10-11-2 or successor statute(s), unless another form of service is required by law.
(2) 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.
(3) The failure to serve all responsible person(s) shall not affect the validity of any proceedings.
12-1-220 Construction 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.
12-1-300 Part 3 - General Authority and Offenses
12-1-310 General Enforcement Authority
Whenever the Town Manager or enforcement official finds that a violation of the Town of Alta 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 Town Manager or any designated enforcement official has the authority and power necessary to gain compliance with the provisions of the Town of Alta 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 Town of Alta Code or applicable state codes.
12-1-320 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 Program.
12-1-330 Authority to Inspect
The Town Manager or any designated enforcement official is authorized to enter upon any property or premises to ascertain whether the provisions of the Town of Alta 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. Provided that the Town Manager or any designated enforcement official may not enter a gated backyard without probable cause that a violation exists. 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 official to enter the property, the enforcement official shall obtain a search warrant.
12-1-340 Power to Arrest
The Town Marshal or designated enforcement official is authorized to issue a misdemeanor citation, civil violation notice, or administrative citation whenever there is reasonable cause to believe that the person has committed a violation of the Town of Alta Code or applicable state codes.
12-1-350 False Information or Refusal Prohibited
It shall be unlawful for any person to willfully make a false statement or refuse to give the person’s name or address with intent to deceive or interfere with a duly authorized Town of Alta official or agent, including but not limited to the Town Marshal or authorized enforcement officials, when in the performance of the official’s duties under the provisions of this Title. A violation of this Section is a class B misdemeanor.
12-1-360 Failure to Obey a Subpoena
It is unlawful for any person to refuse or fail to obey a subpoena issued for a civil code enforcement hearing. Failure to obey a subpoena constitutes contempt and is a class B misdemeanor.
CHAPTER 12-2 -Civil Code Enforcement Procedures
12-2-010 Authority
Any condition caused, maintained, or permitted to exist in violation of any provisions of the Town of Alta Code or applicable state codes that constitutes a violation may be abated by the Town of Alta pursuant to the procedures set forth in this Chapter.
12-2-020 Notice Of Violation
(1) Whenever the Town Manager or designated enforcement official determines that a violation of the Town of Alta Code or applicable state codes has occurred or continues to exist, the Town Manager or enforcement official will issue a notice of violation to a responsible person. The notice of violation shall include the following information and shall comply with Utah Code § 10-11-2 or successor statute(s):
a. Name of the property owner of record according to the records of the County Recorder or state property records;
b. Street address of violation;
c. Nature and results of the examination and investigation conducted;
d. Date and approximate time the violation was occurred;
e. All code sections violated and description of condition of the property that violates the applicable codes;
f. A statement explaining the type of remedial action required to permanently correct outstanding violations, which may include corrections, repairs, demolition, removal, eradication, destruction, or other appropriate action;
g. A specific date for the responsible party to correct the violations listed in the notice of violation, which date shall be at least ten days from the date of service unless the Town Manager determines that the violation requires emergency abatement under Section 12-2-200;
h. Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to, criminal prosecution; civil penalties; revocation of permits; recordation of the notice of violation; withholding of future municipal permits; abatement of the violation by the Town of Alta and re-payment to the Town of Alta for the costs of the abatement; other costs incurred by the Town of Alta; administrative fees; and any other legal remedies;
i. That civil penalties will begin to accrue immediately on expiration of the date to correct violations;
j. The amount of the civil penalty on each violation and that the penalty will accrue daily until the property is brought into compliance;
k. That only one notice of violation is required for any 12-month period, and that civil penalties begin immediately upon any subsequent violations of the notice. The responsible person may request a hearing on the renewed violations by following the same procedure as provided for the original notice;
l. Procedures to appeal the notice and request a hearing as provided in Section 12-2-530, and consequences for failure to request one; and
m. Procedures to request an inspection after the violation has been abated pursuant to Section 12-2-040.
(2) The notice of violation shall be served by one of the methods of service listed in Section 12-1-210 of this Title.
(3) More than one notice of violation may be issued against the same responsible person, if it encompasses different dates, or different violations.
12-2-030 Failure to Bring Property Into Compliance
(1) If a responsible person fails to bring a violation into compliance within the compliance period specified in the notice of violation, civil penalties shall be owed to the Town of Alta for each and every subsequent day of violation.
(2) Failure to comply with the notice of violation may be subject to criminal prosecution.
12-2-040 Inspections
It shall be the duty of the responsible person served with a notice of violation to request in writing an inspection when the property has been brought into compliance. It is prima facie evidence that the violation remains on the property if no inspection is requested. Civil penalties accumulate daily until the property has been inspected and a notice of compliance is issued. Re-inspection fees shall be assessed if more than one inspection is necessary.
12-2-200 Part 2 - Emergency Abatement
12-2-210 Authority
(1) Whenever the Town Manager determines that an imminent life safety hazard exists that requires immediate correction or elimination, the Town Manager may exercise the following powers without prior notice to the responsible person:
a. Order the immediate vacation of any tenants, and prohibit occupancy or entry until all repairs are completed, provided that an order prohibiting entry shall specify how entry is to be made to mitigate damage, complete repairs, retrieve personal property, or for any other purpose, if any, during the abatement process.
b. Post the premises as unsafe, substandard, or dangerous;
c. Board, fence, or secure the building or site;
d. Raze and grade that portion of the building or site to prevent further collapse, and remove any hazard to the general public;
e. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or
f. Take any other action appropriate to eliminate the emergency.
(2) The Town Manager and/or designated agents have the authority, based on cause, to enter the property without a search warrant or court order to accomplish the above listed acts to abate the safety hazard.
(3) The responsible person shall be liable for all costs associated with the abatement of the life safety hazard. Costs may be recovered pursuant to this Title.
12-2-220 Procedures
(1) The Town Manager shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the Town of Alta during the emergency abatement process shall be assessed and recovered against the responsible person through the procedures outlined in Chapter 12-3 of this Title regarding "Administrative and Judicial Remedies" section.
(2) The Town Manager may also pursue any other valid and legal administrative or judicial remedy to abate any remaining violations.
12-2-230 Notice Of Emergency Abatement
After an emergency abatement, the Town of Alta shall notify the owner or responsible person of the abatement action taken in writing. This notice shall be served within ten days of completion of the abatement and will describe in reasonable detail the abatement actions taken.
12-2-240 Demolition
Whenever the Town Manager determines that a property or building requires demolition, the Town may demolish or remove the offending structure, or exercise any or all of the powers listed in Section 12-2-210 once appropriate notice has been given to a responsible person pursuant to the Uniform Abatement of Dangerous Buildings Code or Uniform Fire Codes as required under state law, provided that the notice shall include a written description of the Town Manager's findings explaining the need for the demolition and citations to the applicable ordinances or laws authorizing the demolition. The responsible person shall be liable for all costs associated with the demolition. Costs may be recovered pursuant to this Title.
12-2-250 Procedures
Once the Town Manager has determined that the Town of Alta Chief Building Inspector or the Fire Department has complied with all of the notice requirements of the applicable laws, the property will be demolished. Other applicable remedies may also be pursued.
12-2-400 Part 4 - Administrative Citations
12-2-410 Declaration of Purpose
The Council finds that there is a need for an alternative method of enforcement for minor violations of the Town of Alta Code and applicable state codes. The Council further finds that an appropriate method of enforcement is an administrative citation program. The procedures established in this Part shall be in addition to criminal, civil, or any other legal remedy established by law that may be pursued to address violations of the Town of Alta Code or applicable state codes.
12-2-420 Authority
(1) Any person violating any minor provision of the Town of Alta Code or applicable state codes may be issued an administrative citation by an enforcement official as provided in this Part.
(2) A civil penalty shall be assessed by means of an administrative citation issued by the enforcement official, and shall be payable directly to the Town of Alta Treasurer's Office, or other offices designated to receive payment on behalf of the Town of Alta.
(3) Penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in the remedies section of this Title.
12-2-430 Procedures
(1) Upon discovering any violation of the Town of Alta Code, or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this Part or as prescribed in Section 12-1-210. The administrative citation shall be issued on a form approved by the Town Manager.
(2) If the responsible person is a business, the enforcement official shall attempt to locate the business owner and issue an administrative citation to the business owner. If the enforcement official can only locate the manager of the business, the administrative citation may be given to the manager of the business. A copy of the administrative citation may also be mailed to the business owner or any other responsible person in the manner prescribed in Section 12-1-210 of this Title.
(3) Once the responsible person has been located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.
(4) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person in the manner prescribed in Section 12-1-210 of this Title.
(5) If no one can be located at the property, then the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by Section 12-1-210 of this Title.
(6) The administrative citation shall also contain the signature of the enforcement official.
(7) The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Part.
12-2-440 Contents of Administrative Citation
Administrative citations shall include the information required in Section 12-2-020 and shall:
(1) State the amount of penalty imposed for the minor violations; and
(2) Explain how the penalty shall be paid, the time period by which the penalty shall be paid, and the consequences of failure to pay the penalty.
12-2-450 Civil Penalties Assessed
(1) The Town of Alta Council shall establish policies to assist in the assessment of civil penalties for administrative citations.
(2) Civil penalties shall be assessed immediately for each violation listed on the administrative citation. The penalties shall be those established in the published Fee Schedule.
(3) Payment of the penalty shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the Town of Alta.
12-2-500 Part 5 - Hearing Procedures
12-2-510 Declaration of Purpose
The Council finds that there is a need to establish uniform procedures for civil code enforcement hearings conducted pursuant to the Town of Alta Code. It is the purpose and intent of the Council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes notice, an opportunity to participate in the administrative hearing, and an explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously, and fairly resolve issues raised in any civil code enforcement action.
12-2-520 Authority and Scope Of Hearings
The Administrative Law Judge will preside over hearings of Town of Alta Code violations. The Administrative Law Judge shall develop policies and procedures to regulate the hearing process for any violation of the Town of Alta Code and applicable state codes that are handled pursuant to the administrative abatement procedures, the emergency abatement procedures, the demolition procedures, or the administrative citation procedures. If there is a conflict between the appeal procedures in this Title and the appeal procedures in another code incorporated by the Town, this Title shall control.
12-2-530 Request For civil code enforcement Hearing
(1) A person served with one of the following documents or notices has the right to request an civil code enforcement hearing, if the request is filed within 20 calendar days from the date of service of one of the following notices:
a. Notice of violation or abatement;
b. Notice of itemized bill for costs;
c. Administrative citation;
d. Notice of emergency abatement;
(2) The request for a hearing shall be made in writing and filed with the Administrative Law Judge. The request shall contain the case number, the address of the violation, and the signature of the responsible party.
(3) As soon as practicable after receiving the written notice of the request for hearing, the Administrative Law Judge shall schedule a date, time, and place for the hearing.
(4) Failure to request a hearing as provided shall constitute a waiver of the right to a hearing and a waiver of the right to challenge the action.
12-2-540 Hearings and Orders
(1) If the responsible person fails to request a hearing before the expiration of the 20-day deadline, the Town Manager may request a default hearing, which the Administrative Law Judge shall schedule. The responsible person shall be notified of the date, time, and place of the hearing by one of the methods listed in Section 12-2-210.
(2) A default hearing shall be scheduled for all cases that have outstanding or unpaid civil penalties, fines, fees and/or costs due to the Town of Alta before collection, if a hearing on that case has not already been held.
(3) At any hearing, the responsible person shall have the opportunity to present evidence to show that good cause exists, as defined in the Title, to do one or more of the following in addition to any other rights afforded under other provisions of the Town of Alta Code or applicable law:
a. Waive or reduce the fines which have accumulated;
b. Postpone an abatement action by the Town of Alta; or
c. Excuse the responsible person's failure to request a hearing within the 20-day period.
(4) If the responsible person fails to establish good cause to take one or more of the actions set forth in paragraph (3), the Administrative Law Judge shall review the notice of violation and any other relevant information included in the case file. The Administrative Law Judge shall not accept any other evidence.
a. If the evidence shows that the violations existed, the Administrative Law Judge shall enter an order requiring abatement of the violations, and the payment of all fines and fees. Fines shall run until the Town Manager or other duly authorized representative of the Town of Alta issues a Notice of Compliance stating when the violations were actually abated.
12-2-550 Notification Of civil code enforcement Hearing
(1) Written notice of the day, time, and place of the hearing shall be served to a responsible person as soon as practicable prior to the date of the hearing.
(2) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the Administrative Law Judge.
(3) The notice of hearing shall be served by any of the methods of service listed in Section 12-1-210 of this Title.
12-2-560 Disqualification of Administrative Law Judge
(1) A responsible person may file a written motion to disqualify an Administrative Law Judge for bias, prejudice, a conflict of interest, or any other reason for which a judge may be disqualified in a court of law. The motion to disqualify shall be accompanied by an affidavit or unsworn declaration as described in Title 78B of the Utah Code or applicable successor statute(s) signed by the responsible person, which shall: a. State that the motion is filed in good faith; b. Allege facts sufficient to show, bias, prejudice, a conflict of interest, or any other reason that would disqualify a judge in a court of law in Utah; and c. State when and how the Responsible Party came to know of the reason for disqualification.
(2) The responsible person must file the motion within 21 days of the assignment of the action to an Administrative Law Judge or the date on which the responsible person knew or should have known of the grounds on which the motion is based, whichever is later.
(3) A responsible person can only file one motion to disqualify an Administrative Law Judge, unless a second or subsequent motion is based on grounds that the responsible person did not know of and could not have known of at the time of the earlier motion.
(4) The Administrative Law Judge who is the subject of a motion to disqualify must, without taking any further action, provide the Town Manager with a copy of the motion and refer the motion to the Town of Alta Council.
(5) Upon receipt of a motion to disqualify, the Town of Alta Council will schedule and notice the matter for review at its next regular scheduled meeting. The Town of Alta Council may, in its sole discretion, elect to hold a special meeting to hear the motion before its next regularly scheduled meeting. The Town of Alta Council shall first review the motion to disqualify to determine if it satisfies the requirements of paragraphs (1) and (2) of this Section. If the motion to disqualify does not satisfy the requirements of this Section, the Council will deny the motion and remand it to the Administrative Law Judge for further proceedings. If the motion to disqualify satisfies the requirements of paragraphs (1) and (2) of this Section, the Town of Alta Council shall determine whether the motion is legally sufficient to warrant disqualification. If the Town of Alta Council determines that disqualification is warranted, it will assign the matter to another Administrative Law Judge. If the Town of Alta Council determines that the motion to disqualify is not legally sufficient, it will remand the matter back to the Administrative Law Judge.
12-2-570 Powers of The Administrative Law Judge
(1) The Administrative Law Judge has the authority to hold hearings, determine if violations of Town of Alta ordinances exist, order compliance with Town of Alta ordinances, and enforce compliance as provided in this Title on any matter subject to the provisions of the Title.
(2) The Administrative Law Judge may continue a hearing based on good cause shown by one of the parties to the hearing. The Administrative Law Judge must enter on the record the good cause on which a continuance is granted.
(3) The Administrative Law Judge, at the request of any party to the hearing, may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness for the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The Administrative Law Judge shall develop policies and procedures relating to the issuance of subpoenas in civil code enforcement hearings, including the form of the subpoena and related costs.
(4) The Administrative Law Judge has continuing jurisdiction over the subject matter of an civil code enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an civil code enforcement order using any remedies available under the law; ensuring compliance of that order, which includes the right to authorize the Town of Alta to enter and abate a violation; modifying an civil code enforcement order; or, where extraordinary circumstances exist, granting a new hearing.
(5) The Administrative Law Judge has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with a civil code enforcement order.
12-2-580 Procedures at Civil Code Enforcement Hearing
(1) civil code enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required. The request must be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information is protected and shall not be released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow the procedures promulgated by the Administrative Law Judge.
(2) The Town of Alta bears the burden of proof at a civil code enforcement hearing to establish the existence of a violation of the Town of Alta Code or applicable state codes.
(3) The standard of proof to be used by the Administrative Law Judge in deciding the issues at an administrative hearing is whether the preponderance of the evidence shows that the violations exist.
(4) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
(5) All hearings are open to the public. They shall be recorded by audio tape. Hearings may be held at the location of the violation.
(6) The responsible person has a right to be represented by an attorney. If an attorney will be representing the responsible person at the hearing, notice of the attorney's name, address, and telephone number must be given to the Town of Alta at least one day prior to the hearing. If notice is not given, the hearing may be continued at the Town of Alta's request, and all costs of the continuance assessed to the responsible person.
(7) No new hearing shall be granted, unless the Administrative Law Judge determines that extraordinary circumstances exist which justify a new hearing.
12-2-590 Failure to Attend Civil Code Enforcement Hearing
Any party whose property or actions are the subject of any civil code enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing, and will result in a default judgment for the Town of Alta, provided that proper notice of the hearing has been provided.
12-2-591 civil code enforcement Order
(1) Once all evidence and testimony are completed, the Administrative Law Judge shall issue a civil code enforcement order that affirms, modifies, or rejects the notice or citation. The Administrative Law Judge may increase or decrease the total amount of civil penalties and costs that are due pursuant to the Town of Alta's fee schedule and the procedures in this Title.
(2) The parties may enter into a stipulated agreement, which must be signed by both parties. This agreement shall be entered as a stipulated civil code enforcement order. Entry of this agreement shall constitute a waiver of the right to a hearing and the right to appeal.
(3) The Administrative Law Judge may order the Town of Alta to enter the property and abate all violations, including but not limited to demolitions and the removal of vehicles, garbage, animals, and other property kept in violation of the Town of Alta Code.
(4) The Administrative Law Judge may revoke a kennel permit, an animal license, or the right to possess animals as provided in the Town of Alta Code.
(5) As part of the civil code enforcement order, the Administrative Law Judge may condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.
(6) The Administrative Law Judge may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the civil code enforcement order.
(7) The Administrative Law Judge may order the responsible person to post a performance bond to ensure compliance with the order.
(8) The civil code enforcement order shall become final on the date of the signing of the order.
(9) The civil code enforcement order shall be served on all parties by any one of the methods listed in Section 12-1-210 of this Title.
12-2-595 Failure To Comply With Order
(1) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the civil code enforcement order, the Town of Alta may abate the violation as provided in Chapter 3, Part 3 of this Title and use all appropriate legal means to recover the civil penalties and administrative costs to obtain compliance.
(2) After the Administrative Law Judge issues a civil code enforcement order, the Administrative Law Judge shall monitor the violations and determine compliance.
12-2-600 Part 6 - Administrative Enforcement Appeals
12-2-610 Appeal of Civil Code Enforcement Hearing Decision
(1) Any person adversely affected by any decision made in the exercise of the provisions of this Chapter may file a petition for review of the decision or order by the district court within 30 days after the decision is rendered.
(2) No person may challenge in district court a civil code enforcement hearing officer's decision until that person has exhausted all administrative remedies.
(3) Within 120 days after submitting the petition, the party petitioning for appeal shall request a copy of the record of the proceedings, including transcripts of hearings when necessary. The Administrative Law Judge shall not submit copies of files or transcripts to the reviewing court until the party petitioning for appeal has paid all required costs. The petitioning party's failure to properly arrange for copies of the record, or to pay the full costs for the record, within 180 days after the petition for review was filed shall be grounds for dismissal of the petition.
a. If a transcript of a hearing cannot be prepared because the tape recording is incomplete or unintelligible, the district court may, in its discretion, remand the matter to the Administrative Law Judge for a supplemental proceeding to complete the record. The district court may limit the scope of the supplemental proceeding to issues that, in the court's opinion, need to be clarified.
(4) The district court's review is limited to the record of the administrative decision that is being appealed. The court shall not accept nor consider any evidence that is not part of the record of that decision.
(5) The courts shall:
a. Presume that the civil code enforcement hearing officer's decision and orders are valid; and
b. Review the record to determine whether or not the decision was arbitrary, capricious, or illegal.
Chapter 12-3 Administrative and Judicial Remedies
12-3-110 Declaration of Purpose
The Council finds that there is a need for alternative methods of enforcement for violations of the Town of Alta Code and applicable state codes that are found to exist on real property. The 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 Part shall be in addition to criminal, civil, or any other remedy established by law that may be pursued to address the violation of the Town of Alta Code or applicable state codes.
12-3-120 Authority
Whenever the Town Manager determines that a property or violation has not been brought into compliance as required in this Title, the Town Manager has the authority and discretion, to record the notice of violation or civil code enforcement order with the County Recorder's Office.
12-3-130 Procedures For Recordation
(1) Once the Town Manager 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 Town Manager shall record a notice of violation with the County Recorder's Office.
(2) If an administrative hearing is held, and an order is issued in the Town of Alta's favor, the Town Manager shall record the civil code enforcement order with the County Recorder's Office.
(3) 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.
(4) The recordation does not encumber the property, but merely places future interested parties on notice of any continuing violation found upon the property.
12-3-140 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 Section 12-1-210 of this Title.
12-3-150 Failure to Request
The failure of any person to file a request for a civil 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.
12-3-160 Notice of Compliance - Procedures
(1) When the violations have been corrected, the responsible person or property owner may request an inspection of the property from the Town Manager.
(2) Upon receipt of a request for inspection, the Town Manager shall re-inspect 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.
(3) The Town Manager shall serve a notice of satisfaction to the responsible person or property owner in the manner provided in Section 12-2-210 of this Title, if the Town Manager determines that:
(4) All violations listed in the recorded notice of violation or order have been corrected;
(5) All necessary permits have been issued and finalized;
(6) All civil penalties assessed against the property have been paid or satisfied; and
(7) The party requesting the notice of satisfaction has paid all administrative fees and costs.
(8) If the Town Manager denies a request to issue a notice of satisfaction, upon request, the Town Manager 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 Section 12-1-210 of this Title.
12-3-170 Prohibition Against Issuance of Municipal Permits
The Town of Alta may withhold business licenses, or permits, for any alteration, repair, or construction pertaining 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 Town of Alta may withhold permits until a notice of satisfaction has been issued by the Town Manager. The Town of Alta may not withhold permits that are necessary to obtain a notice of satisfaction or that are necessary to correct serious health and safety violations.
12-3-180 Cancellation of Recorded Notice Of Violation
The Town Manager or responsible person shall record the notice of satisfaction with the County Recorder's Office. Recordation of the notice of satisfaction shall cancel the recorded notice of violation.
12-3-200 Part 2 - Administrative Civil Penalties
12-3-210 Authority
(1) Any person violating any provision of the Town of Alta Code, or applicable state codes, may be subject to the assessment of civil penalties for each violation.
(2) Each and every day a violation of any provision of the Town of Alta Code or applicable state codes exists is a separate violation subject to the assessment of civil penalties.
(3) 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.
(4) Interest shall be assessed per Town of Alta policy, or at the judgment rate provided in Utah Code Ann. § 15-1-4 (or successor statute/s) in the absence of a Town of Alta policy, on all outstanding civil penalties balances until the case has been paid in full.
(5) Civil penalties for violations of any provision of the Town of Alta Code or applicable state codes shall be assessed pursuant to the Town of Alta's applicable fee schedule.
12-3-220 Procedures for Assessing Civil Penalties
(1) If a responsible person fails to bring a violation into compliance within ten days of service of the notice of violation, civil penalties shall be owed to the Town of Alta for each and every subsequent day of violation. (2) Civil penalties are assessed and owing immediately for any violation of the Town of Alta Code or applicable state codes for an administrative citation.
12-3-230 Determination of Civil Penalties
(1) Civil penalties shall be assessed per violation per day pursuant to the applicable Town of Alta fee schedule. (2) Civil penalties shall continue to accrue until the violation(s) has/have been brought into compliance with the Town of Alta Code or applicable state codes.
12-3-240 Modification of Civil Penalties
(1) Upon completion of the notice of violation or administrative enforcement order, the responsible person may request a modification of the civil penalties on a finding of good cause.
(2) Civil penalties may be waived or modified by the Administrative Law Judge upon a finding of good cause based on the responsible person's claim of nonconforming use or conditional use and:
(3) The Town of Alta's need to verify the claim; or
(4) The responsible person's filing of an application for either use before expiration of the date to correct.
12-3-250 Failure to Pay Penalties
The failure of any person to pay civil penalties assessed within the specified time may result in the Town Manager pursuing any legal remedy to collect the civil penalties as provided in the law.
12-3-300 Part 3 - Abatement of Violation
12-3-310 Authority to Abate
The Town Manager is authorized to enter upon any property or premises to abate the violation of the Town of Alta Code and applicable state codes pursuant to this Part. The Town Manager 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.
12-3-320 Procedures for Abatement
(1) The Town Manager may abate a violation pursuant to this Part after providing notice under Section 12-2-020 and by following the process set forth in Utah Code Ann. § 10-11-3 or successor statute(s) if the Responsible Party or Parties:
a. Do not abate a violation within the time period prescribed in a notice issued pursuant to Sections 12-2-020 and 12-2-400, et seq.; and
b. The Responsible Party or Parties did not file a request for a civil code enforcement hearing under Section 12-2-530.
(2) The Town Manager may request a default hearing pursuant to Section 12-2-504 but is not required to do so to abate the violation under this Part and may abate the violation without a default hearing pursuant to Utah Code Ann. § 10-11-3 or successor statute(s).
(3) The Town Manager may use Town of Alta personnel or by a private contractor to abate the violation.
(4) Town of Alta 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 civil code enforcement order.
(5) If the responsible person abates the violation before the Town of Alta performs the actual abatement pursuant to a notice of violation or civil code enforcement order, the Town Manager may still assess all costs incurred by the Town of Alta against the responsible person.
(6) When the abatement is completed, the Town Manager shall prepare an itemized statement of the work performed that complies with Utah Code Ann. § 10-11-3 or successor statute(s).
(7) The Town Manager shall serve the itemized statement on the responsible person in accordance with Utah Code Ann. § 10-11-3 or successor statute(s).
(8) The Administrative Law Judge shall hear any appeals filed by a responsible person in response to an itemized statement issued under this Part and shall conduct such appeals and any related hearings in accordance with Utah Code Ann. § 10-11-3 or successor statute(s).
12-3-400 Part 4 - Costs
12-3-410 Declaration of Purpose
(1) The Council finds that there is a need to recover costs incurred by enforcement officials and other Town of Alta personnel who spend considerable time inspecting and re-inspecting properties throughout the Town of Alta in an effort to ensure compliance with the Town of Alta Code or applicable state codes.
(2) The Council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, re-inspection fees, filing fees, attorney fees, hearing officer fees, title search, and any additional actual costs incurred by the Town of Alta 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 Town of Alta Code or applicable state codes.
12-3-420 Authority
(1) Whenever actual costs are incurred by the Town of Alta on a property to obtain compliance with provisions of the Town of Alta Code and applicable state codes, the Town Manager may assess costs against the responsible person.
(2) Once a notice of violation has been issued, the property will be inspected one time. Any additional inspections shall be subject to re-inspection fees pursuant to the applicable Town of Alta fee schedule as adopted in the Town of Alta's annual budget.
12-3-430 Notification of Assessment Of Reinspection Fees
(1) Notification of any applicable re-inspection fees adopted by the Town of Alta shall be provided on the notice of violation served to the responsible person(s).
(2) Re-inspection fees assessed or collected pursuant to this Part shall not be included in any other costs assessed.
(3) The failure of any responsible person to receive notice of the re-inspection fees shall not affect the validity of any other fees imposed under this Part.
12-3-440 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 Town of Alta policy.
12-3-500 Part 5 - Administrative Fees
12-3-510 Administrative Fees
The Town Manager or the 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 actual amount of administrative fees incurred by the Town in the action or an amount specified in the fee schedule.
12-3-600 Part 6 - Injunctions
12-3-610 Civil Violations - Injunctions
In addition to any other remedy provided under the Town of Alta Code or state codes, including criminal prosecution or administrative remedies, any provision of the Town of Alta Code may be enforced by injunction issued in the Third District Court upon a suit brought by the Town of Alta.
12-3-700 Part 7 - Performance Bonds
12-3-710 Performance Bond
(1) As part of any notice, order, or action, the Town Manager or Administrative Law Judge has the authority to require responsible persons to post a performance bond to ensure compliance with the Town of Alta Code, applicable state codes, or any judicial action.
(2) If the responsible person fails to comply with the notice, order, or action, the bond will be forfeited to the Town of Alta. The bond will not be used to offset the other outstanding costs and fees associated with the case.
Chapter 12.4 Recovery of Code Enforcement Penalties And Costs
12.4.100 Part 1 - Code Enforcement Tax Liens
12.4.110 Declaration of Purpose
The 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 civil code enforcement hearing program or judicial orders. The 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 Town of Alta's code enforcement system. The procedures established in this Part shall be used to complement existing administrative or judicial remedies that may be pursued to address violations of the Town of Alta Code or applicable state codes.
12.4.120 Procedures for Tax Liens Without A Judgement
(1) Once the Town of Alta has abated a property for weeds, garbage, refuse, or unsightly or deleterious objects or structures, the Town Manager shall prepare three copies of the Itemized Statement of Costs incurred in the removal and destruction of the violations and deliver them to the Town of Alta Mayor within 10 days after completion of the work of removing the violations.
(2) The Town Manager shall send, by registered mail to the property owner's last known address, a copy of the Itemized Statement of Costs informing the property owner that a code enforcement tax lien is being recorded for the amount of actual costs of abatement. Payment shall be due within 20 calendar days from the date of mailing.
(3) Upon receipt of the Itemized Statement of Costs, the Town of Alta Mayor shall record a Code Enforcement Tax Lien against the property with the County Treasurer's office.
(4) The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding costs of abatement.
12.4.130 Procedures for Tax Liens With A Judgement
Once a judgment has been obtained from the appropriate court assessing costs against the responsible person(s), the Town Manager may record a code enforcement tax lien against any real property owned by the responsible person(s).
12.4.140 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 Town Manager 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.
12.4.200 Part 2 - Writ of Execution
12.4.201 Recovery of Costs By Writ Of Execution
After obtaining a judgment, the Town Manager 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.
12.4.300 Part 3 - Writ of Garnishment
12.4.310 Recovery of Costs by Writ Of Garnishment
After obtaining a judgment, the Town Manager 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.
12.4.400 Part 4 - Allocation of Funds Collected Under civil code enforcement Hearing Program
12.4.410 Abatement Fund
There is, hereby established, a revolving fund to be known as the "Abatement Fund" 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 Town of Alta Council 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.
12.4.420 Repayment of Abatement Fund
All monies recovered from the sale or transfer of property or by payment for the actual abatement costs shall be paid to the Town of Alta Treasurer, who shall credit the appropriate amount to the Abatement Fund.
12.4.430 Code Enforcement Administrative Fees and Cost Fund
Administrative fees and administrative costs, except for actual abatement costs, collected pursuant to this Part shall be deposited in a fund established by the Town of Alta Council for the enhancement of the Town of Alta's code enforcement efforts and to reimburse the Town of Alta 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 Town of Alta Council. The Town of Alta Council shall establish accounting procedures in consultation with the Town of Alta Budget Officer to ensure proper account identification, credit, and collection.
12.4.440 Allocation of Civil Penalties
Civil penalties collected pursuant to this Part shall be deposited in the General Fund of the Town of Alta. Civil penalties deposited in this fund shall be appropriated and allocated in a manner determined by the Town of Alta Manager and the Town of Alta Council. The Town of Alta Council shall establish accounting procedures to ensure proper account identification, credit, and collection.
EXHIBIT B
A. Weeds Defined: Weeds shall include any vegetation commonly referred to as a weed or which shall have been designated a noxious weed by the state commissioner of agriculture.
B. Standard Of Weed Control; Removal of Cut Weeds:
1. It is hereby declared that the above stated weeds constitute a nuisance when they create a fire hazard, a source of contamination or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings.
2. The cut weeds shall be removed from the premises within forty eight (48) hours after cutting.
C. Penalty: It shall be an infraction and, upon conviction, subject to penalty as provided in section 1-4-1 of this code, for any person owning or occupying real property to not remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice as provided in Title 12.
Any owner, occupant or person having an interest in property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a violation and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code.