A. Inspection: The community development director is authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification or repair and to inspect land uses to determine compliance with the provisions of this title; provided, however that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of building or structure.
B. Enforcement: The community development director shall enforce all of the provisions of this title, employing all legal means available to do so. In the enforcement of this title, the community development director or any employee of that department authorized to represent the community development director shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. (Ord. 2012-15, 9-20-2012)
It shall be unlawful for any person to violate any provision of this title, cause the violation of any provision of this title, or fail or refuse to do some act required under this title, including any of the following acts:
A. Development Or Use Without Permit: To engage in any development, use, construction, remodeling, or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the city without all of the required permits, approvals, certificates, and other forms of authorization required by this title or other city ordinance in order to conduct or engage in such activity.
B. Development Or Use Inconsistent With Permit: To engage in any development, use, construction, remodeling, or other activity which is contrary to the terms and conditions of any permit, approval, certificate, or other form of authorization required to engage in such activity.
C. Development Or Use Inconsistent With Terms Of Approval: To violate, by act or omission, any lawful term, condition, or qualification placed by the city council, planning commission, appeal authority, or officer of the city, as applicable, upon a required permit, certificate, or other form of authorization granted by the city council, planning commission, appeal authority, or other city officer allowing the use, development, or other activity upon land or improvements thereon.
D. Development Or Use Inconsistent With This Title: To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of this title.
E. Increasing Intensity Of Use: To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this title.
F. Removing, Defacing, Or Obscuring Notice: To remove, deface, obscure, or otherwise interfere with any notice required by this title. (Ord. 2012-15, 9-20-2012)
Any violation of the provisions of this title shall be subject to the enforcement remedies and penalties provided by this chapter and by Utah law, including any of the following:
A. Withhold Permits: The city may deny or withhold any permit, certificate, or other form of authorization pertaining to any land or improvements when an uncorrected violation exists on such land pursuant to this title or to a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city council, planning commission, appeal authority, or other city officer. The city may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this subsection shall apply regardless of whether the original applicant or current owner is responsible for the violation in question.
B. Revoke Permits: A permit issued under the authority of this title may be revoked when the community development director determines that actions taken thereunder do not conform to plans, specifications, or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any provision of this title is being violated.
1. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued, or shall be posted in a prominent location, and thereafter no such construction shall proceed.
2. When plans are in conflict with an ordinance, resolution, regulation, or other applicable requirement, and when construction has not progressed to a stage where modification of the plans would require substantial alteration of the structures in place, the plans shall be modified to conform with applicable requirements.
3. When a mistake has been made calculating the fee for any permit, the proper fee shall be charged and thereafter paid by the applicant.
C. Stop Work: In accordance with its power to stop work under the building code, the city may stop work, with or without revoking permits, on any building or structure on any land on which exists an uncorrected violation of a provision of this title or permit or other form of authorization issued hereunder.
D. Revoke Plan Or Other Approvals: Where a violation of this title involves failure to comply with approved plans or a condition upon which plan approval was subject, the city may, after notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a hearing as provided in subsection 13.94.070C of this chapter:
1. Revoke the plan or other approval, or
2. Condition its continuance on strict compliance, the provision of security, or such other conditions as the city may reasonably impose.
E. Remove Signs: When a sign is illegally located within a public right of way, on any city owned property, or in the case of an emergency or an identified hazard, the community development director may, without notice, cause the immediate removal of such sign.
F. Injunctive Relief: The city may seek an injunction or other equitable relief in the district court to stop any violation of this title, or a permit, certificate, or other form of authorization granted hereunder. The city need only to establish a violation of this title to obtain an injunction.
G. Abatement: The city may seek a court order from the district court in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition which existed prior to the violation.
H. Penalty: Each day that any violation continues after notification by the community development director that such violation exists shall be considered a separate offense for purposes of penalties and remedies set forth in this title. Violation of any of the provisions of this title shall upon conviction be punishable as a class C misdemeanor. Accumulation of penalties for continuing violations, but not the obligation for payment of penalties already accrued, shall stop upon correction of the violation.
I. Other Remedies: The city shall have such other remedies as are and as may be from time to time provided by Utah law or city ordinance for the violation of any provision of this title.
J. Remedies Cumulative: These remedies shall be cumulative. Any one, all, or any combination of the penalties and remedies set forth in this chapter may be used to enforce the provisions of this title. (Ord. 2012-15, 9-20-2012)
Any person, corporation or other entity, whether as owner, occupant, agent or employee, who causes, permits or otherwise participates in any violation of the provisions of this title may be held responsible for the violation, suffer the penalties, and be subject to the remedies provided by law. (Ord. 2012-15, 9-20-2012)
A. Written Notice: Upon inspection and discovery that any provision of this title is being violated, the director shall provide a written notice of violation and order to the property owner and to any other party who may be responsible for the violation.
B. Content: The written notice and order shall: 1) indicate the nature of the violation; 2) order the action necessary to correct the violation; 3) give information regarding the established warning period for the violation; and 4) state the action the director intends to take if the violation is not corrected within the warning period.
C. Service: The written notice shall be delivered personally or mailed to the property owner, as shown on the records of the county recorder, and to any other person who may be responsible for the violation. Receipt of notice shall mean three (3) days after the date written notice is delivered or mailed as provided herein.
D. Commencement Of Warning Period: The written notice shall serve to start any warning periods provided in this chapter, commencing upon receipt of notice. If the violation remains uncured within five (5) days after the expiration of the warning period, a second notice of violation and order shall be delivered in the same manner as the first notice. The second notice shall serve to start the civil penalties.
E. Immediate Enforcement: In cases where the community development director determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this title, the community development director may seek immediate enforcement without prior written notice by instituting any appropriate remedies, other than civil penalties, authorized by section 13.94.040 of this chapter. (Ord. 2012-15, 9-20-2012)
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