The city may take one or more of the following actions against any responsible person who fails to comply with the terms of a voluntary consent agreement, an administrative notice, or an order of the city designated representative:
A. Abatement By The City:
1. The city may abate a nuisance when:
a. The terms of a voluntary correction agreement have not been met; or
b. The requirements of an administrative notice have not been complied with, or, if the administrative notice is appealed to a city designated representative and the terms of the administrative notice are amended by the city designated representative, the terms of the city designated representative order have not been complied with; or
c. The condition is subject to summary abatement as provided for in subsection A2 of this section.
2. Whenever a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the responsible person as soon as reasonably possible after the abatement.
3. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. Remove or correct may include, but not be limited to, closing a building. The city may seek, but is not required to seek, such judicial process as it deems necessary to effect the removal or correction of such condition. Such judicial process may include, but not be limited to, condemnation or destruction proceedings.
4. The costs, including incidental expenses, of correcting or abating the violation shall be billed to the responsible person and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city within thirty (30) days of actual receipt of the bill (within 35 days of the mailing date if the bill is mailed) or unless other arrangements are made with the city. A copy of a recommended form of written notice is attached to the ordinance codified herein as exhibit B. The term incidental expenses includes, but is not limited to:
a. Personnel costs, both direct and indirect, including attorney fees and costs;
b. Costs incurred in documenting the violation;
c. Hauling, storage and disposal expenses; and
d. Actual expenses and costs for the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
e. The costs of any required printing and mailing.
B. Civil Actions: Either the city or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this chapter or pursuant to state law. The city may recover its reasonable attorney fees and costs incurred in connection with any such civil action.
C. Criminal Actions: Criminal actions may be initiated by criminal citation or by information.
1. Any person who maintains or assists in maintaining a nuisance is guilty of a class C misdemeanor. No person shall be prosecuted under this subsection C1 unless the city designated representative attempted to obtain voluntary correction as provided herein.
2. If the alleged nuisance is also a violation of a provision of this code (other than this chapter) or state law, the responsible person may be charged under the specific provision of this code or state law, even if the city designated representative did not first attempt to obtain voluntary correction as provided herein.
3. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the responsible person, in the performance of duties imposed by this chapter, or a decision and order issued by the city designated representative, or a voluntary correction agreement, is guilty of a class B misdemeanor.
D. Lien For Costs: If a person fails to pay any fines or costs related to nuisance abatement when due, the city may record a lien on the property or premises for the full amount of the unpaid fines and costs. A copy of a recommended form of written notice is attached to the ordinance codified herein as exhibit C.
E. Nonexclusive Remedies: Notwithstanding anything contained herein to the contrary, the city may proceed pursuant to Utah Code Annotated sections 10-11-1 through 4 without complying with any of the provisions of this chapter. In addition, the city may take any or all of the above mentioned remedies (administrative, civil or criminal) to abate a nuisance and/or to punish any person or entity who creates, causes or allows a nuisance to exist. The abatement of a nuisance does not prejudice the right of the city or any person to recover damages or penalties for its past existence. (Ord. 2009-04, 2-10-2009, eff. 2-10-2009)