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The provisions of this title shall not invalidate any other title, chapter or ordinance of this code, but shall be read in conjunction with those titles, chapters and ordinances and shall be used as an additional remedy for enforcement of violations thereof. (Ord. 03-09, 4-24-2003)
The city shall have sole discretion in deciding whether to file a civil or criminal judicial case or pursue an administrative enforcement action for the violation of any of its ordinances or applicable code requirements. The enactment of this title shall not be construed to limit the city's right to prosecute any violation as a criminal offense. If the city chooses to file both administrative actions and criminal charges for the same violation, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available. (Ord. 03-09, 4-24-2003)
If any section, subsection, sentence, clause, phrase, portion or provision of this title is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have adopted this title and each section, subsection, sentence, clause, phrase, portion or provision thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this title. (Ord. 03-09, 4-24-2003)
By establishing performance standards or by establishing obligations to act, it is the intent of the city council that the city employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability. (Ord. 03-09, 4-24-2003)
In the construction of this title, the following words and phrases shall be as defined as set forth in this section unless a different meaning is specifically defined elsewhere in this title and specifically stated to apply:
ADMINISTRATIVE CITATION: A citation issued to a responsible person which gives reasonable notice of a violation and the civil fee for such violation.
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held pursuant to the procedures established by this title and at the request of a responsible person charged with a violation.
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by a hearing examiner. The order may include an order to abate the violation, pay civil fees and administrative costs or any other action as authorized or required by this title and applicable state codes.
CITY: The city of Holladay, Utah, including the mayor, city administrator and all other employees of the city, excepting employees of the court.
CITY COUNCIL: The city council of the city of Holladay.
DIRECTOR: The community development director or his/her designee.
ENFORCEMENT OFFICIAL: Any person authorized by the city to enforce violations for this code of the city of Holladay or applicable state codes, including, but not limited to, land use officers, police officers, building inspection officials, code enforcement officers, fire marshal, fire officers and animal control officers.
HEARING EXAMINER: A person appointed by the mayor or his/her designee to preside over administrative enforcement hearings.
IMMINENT LIFE SAFETY HAZARD: Any condition that creates a serious and immediate danger to life, property, health or public safety.
MAYOR: The mayor of the city of Holladay.
NOTICE OF COMPLIANCE: A document or form approved by the community development department director or designee which indicates that a property complies with the requirements set forth in a notice of violation.
NOTICE OF EMERGENCY ABATEMENT: A written notice that informs a responsible person of emergency abatement actions taken by the city and the costs of those actions, and orders payment for those costs.
NOTICE OF ITEMIZED BILL FOR COSTS: A written notice, itemizing the city's costs and ordering payment of those costs.
NOTICE OF VIOLATION: A written notice that informs a responsible person of code violations and orders certain remedial steps to correct said violations.
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, sergeant, officer or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
PROPERTY OWNER: The record owner of real property as shown on the records of the Salt Lake County assessor/recorder.
RESPONSIBLE PERSON: The person determined by the city who is responsible for causing or maintaining a violation of this code of the city of Holladay or applicable state codes. The term "responsible person" shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor or other person who individually or together with another person is responsible for the violation of any provision of this code of the city of Holladay or applicable state codes.
WRITTEN: Includes handwritten, typewritten, photocopied, computer printed or facsimile. (Ord. 03-09, 4-24-2003; amd. Ord. 2012-15, 9-20-2012)
A. Methods Of Service: Whenever a notice is required to be given under this title, the notice shall be served by one of the following methods, unless different provisions are otherwise specifically stated to apply:
1. Personal service;
2. Regular mail, postage prepaid, to the last known address of a responsible person;
3. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the director; or
B. Failure To Receive Notice: Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.
C. Service Date: Service by regular mail in the manner set forth above shall be deemed served on the seventh day after the date of mailing when mailed in the continental United States. Service by regular mail to all other addresses shall be deemed served on the tenth day after the date of mailing.
D. Failure To Be Served: The failure of a person, other than a responsible person, to be served notice in accordance with this section shall not affect the validity of any proceeding taken hereunder. (Ord. 03-09, 4-24-2003; amd. Ord. 2021-18, 8-5-2021)
Whenever an enforcement official finds that violation of this code or applicable state codes has occurred or continues to exist, he may undertake any of the procedures herein. The director or any designated enforcement official shall have the authority to gain compliance with the provisions of this code and applicable state codes subject to the provisions of this title. Such authority shall include the power to issue notices of violation and administrative citations, inspect public and private property, abate nuisances on public and private property and to use any remedy available under this title or law. (Ord. 03-09, 4-24-2003)
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed and to make any reasonable, lawful examination or survey necessary to determine compliance with this code or applicable state codes. This may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If a property owner or responsible person refuses to allow an enforcement official to enter property, the enforcement official shall obtain a search warrant before entering the property. (Ord. 03-09, 4-24-2003)
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