A. In addition to any other legal or equitable remedies available to a municipality, County may hold a lien against a property that contains an internal accessory dwelling unit if:
1. The owner of the property violates any provisions of this Title, and any other applicable section of the code;
2. County provides a written notice of violation in accordance with section B;
3. The owner of the property fails to cure the violation within the time period prescribed in the written notice;
4. County provides a written notice of lien in accordance with section C;
5. County records a copy of the written notice of lien with the County Recorder.
B. The written notice of violation shall:
1. Describe the specific violation;
2. Provide the owner of the ADU a reasonable opportunity to cure the violation that is:
a. No less than 14 days after the day on which County sends the written notice of violation, if the violation results from the owner renting or offering to rent the ADU as a short-term rental; or
b. No less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation.
3. State that if the owner of the property fails to cure the violation within the time period described above, the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
4. Notify the owner of the property:
a. That the owner of the property may file an appeal of the notice of violation within ten (10) business days after the day on which the written notice of violation is postmarked or posted on the property; and
b. Of the name and address of the County office where the owner of the property may file the written objection;
5. Be mailed to:
a. The property’s owner of record; and
b. Any other individual designated to receive notice in the owner’s license or permit records; and
6. Be posted on the property.
C. The written notice of lien shall:
1. Comply with Utah Code Ann. Section 38-12-102;
2. State that the property is subject to a lien;
3. Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires;
4. Be mailed to:
a. The property’s owner of record; and
b. Any other individual designated to receive notice in the owner’s license or permit records; and
5. Be posted on the property.
D Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with Beaver County.
1. If the owner of property files a written objection to a notice of violation, County may not record a lien until a hearing is held to determine that the specific violation occurred.
2. If Beaver County determines at the hearing that the specific violation has occurred, Beaver County may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.
3. If the owner of property cures a violation within the time period prescribed in the written notice of violation, Beaver County may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation.
E. Upon issuing a permit or business license for an ADU, Beaver County may record a notice in the office of the Beaver County Recorder. Upon recording a notice, the County shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include:
1. A description of the primary dwelling;
2. A statement that the primary dwelling contains an ADU; and
3. A statement that the ADU may only be used in accordance with Beaver County ordinances. (Ord, 2023-06, 7-18-2023)