A. Purpose:
1. The City finds that there is a need to recover costs incurred by enforcement officials and other City personnel who spend considerable time inspecting and re-inspecting properties throughout the City in an effort to ensure compliance with this Code.
2. The City further finds that the assessment of costs in addition to penalty assessments is an appropriate method to recover expenses incurred for actual costs of abating violations, performing re-inspections, retaining attorneys, preparing for and conducting hearings, title searches, and any additional 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.
B. Assessment Of Re-Inspection Fees: Notification of re- inspection fees and costs shall be described on the request for compliance.
C. Filing Fees: A request for hearing for any of the permitted purposes under this article shall be accompanied by a filing fee as prescribed in the City’s consolidated fee schedule.
D. Failure To Timely Pay Filing Fees And Costs: The failure of any person to pay assessed costs or filing fees by the deadline specified in this Code or in a City invoice will result in interest at the default rate provided in the Utah Code being added and compounded monthly. Failure to pay a filing fee when due will result in no hearing being scheduled.
E. Statement Of Intent Regarding Recovery Of Code Enforcement Penalties And Costs Through Liens And Collection Actions: The City finds that recordation of Code enforcement tax liens will assist in the collection of penalties, fees and costs and otherwise achieve compliance with this Code. The City further finds that collection of civil penalties and assessed costs is important in deterring future violations and maintaining the integrity of this Code. The procedures established in this article shall be used to complement existing administrative or judicial remedies that may be pursued to address violations of this Code.
F. Procedures For Tax Liens Without A Judgment:
1. The City Manager or his or her designee is authorized to record with the County Treasurer a Code enforcement tax lien against real property for the accrued fees, penalties and costs incurred during a City performed abatement.
2. The failure of any person with a legal or financial interest in the property to actually receive the notice of Code enforcement tax lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding penalties, costs and fees associated with an abatement.
G. Cancellation Of Code Enforcement Tax Lien: Once payment in full is received for the outstanding penalties and assessed costs, or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the City shall either record a notice of satisfaction against the same property or provide the property owner with the notice of satisfaction to be recorded. The notice of satisfaction shall include the same information as provided for in the original Code enforcement tax lien. Such notice of satisfaction shall cancel the Code enforcement tax lien.
H. Procedures For Tax Liens With A Judgment: Once a civil judgment has been obtained from the appropriate court approving fees, penalties and costs against the responsible person(s), the City may record that judgment as a Code enforcement tax lien against any real property owned by the responsible person(s).
I. Recovery Of Costs Through Judicial Writs: After obtaining a civil judgment awarding fees, penalties and/or costs, the City may enforce the judgment by use of all appropriate legal means, including, but not limited to, garnishment of wages and accounts and foreclosure on real and personal property. (Ord. 2018-03, 3-27-2018; amd. Ord. 2022-11, 5-24-2022)