Violations of this chapter shall be enforced consistent with this title and state code and may include fines and liens.
A. Notice of Violation:
1. Whenever an owner of record has violated any of the provisions of this chapter the city shall provide a written notice of violation. The notice of violation shall:
a. Describe the violation;
b. Provide the owner of record an opportunity to cure or correct the violation that is:
(1) Not less than fourteen (14) days after the notice of violation is issued, for violations of 9-31-030(H);
(2) Not less than thirty (30) days after the notice of violation is issued for any other violation;
c. Include a statement that if the owner of record fails to cure the violation within the given time period that they may be subject to daily fines, liens, the revocation of permits or approvals, criminal prosecution, and other enforcement actions permitted by applicable law;
d. Provide notification to the owner of record that they may file a written objection to the violation within fourteen (14) days after the day on which the written notice of violation is post-marked or posted on the property;
e. Indicate the department name and address where the owner of record may file the written objection;
f. Be mailed to the owner of record, or to any other individual designated to receive notice in the owner's license or permit records, and a copy shall be posted on the property.
2. If an owner of record files a written objection to the written notice of violation in accordance with Utah Code 10-9a-530(5) as amended, the zoning administrator shall provide notice, hold a hearing, and conduct a review to determine whether the violation described in the written notice of violation has occurred. If the zoning administrator determines that the violation in the notice of violation has occurred, the city may impose any remedies permitted by applicable law.
3. If an owner of record does not file a written objection to the notice of violation and does not cure the violation within the time period provided in the notice, the city may impose any of the remedies listed in this section or others as permitted by applicable law.
4. If an owner of record cures a violation within the time period prescribed in the notice of violation, or if the zoning administrator finds that the violation listed in the notice of violation has not occurred, the city may not impose sanctions.
B. Liens:
1. Notice of lien:
a. A written notice of lien issued under this section shall:
(1) Comply with the requirements of Utah Code 38-12-102 as amended;
(2) State that the property is subject to a lien;
(3) Specify the lien amount for each day of violation after the day on which the opportunity to cure the violation expired; and
(4) Be mailed to the owner of record, or to any other individual designated to receive notice in the owner's license or permit records, and a copy of the notice shall be posted on the property.
b. Each notice of lien shall be recorded with the respective county recorder.
C. Revocation:
1. An ADU permit may be revoked if the zoning administrator determines:
a. Actions taken under the permit do not conform to the approved plans, specifications, or conditions of the permit;
b. The permit was procured by false representation;
c. The permit was issued by mistake; or
d. That other applicable provisions of this title are being violated.
2. The city shall serve written notice of revocation by mailing the notice by certified mail to the owner of record as listed on the ADU permit, or by posting the notice in a prominent location on the site.
3. After the written notice of revocation is served no further construction for an ADU may continue until a new permit is issued, or the permit is reinstated by the zoning administrator.
a. If the permit was issued by mistake, the city shall notify the owner of record of the mistake and the actions or changes that must be made to bring the ADU into compliance with applicable requirements and ordinances.
b. For properties where a permit has been revoked for any reason other than a mistake, a new or reinstated ADU permit may not be issued except in conformance with applicable ordinances, resolutions, regulations, and requirements.
4. If an ADU permit is revoked due to failure to comply with the approved plans, specifications, or conditions of the permit or when other applicable provisions of this title are being violated, a written notice of violation shall be provided with the notice of revocation.
5. Properties for which an ADU permit has been revoked may be subject to the recordation of a notice of non-compliance against the property and shall be prohibited from renting, leasing, hiring or loaning the accessory dwelling unit.
D. Other remedies: The city shall have such other remedies as are and may be from time to time provided by Utah law or city ordinance for the violation of any provision of this title.
E. All remedies pertaining to violations of this chapter are cumulative. (Ord. 1499, 9-21-2021)