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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: (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
A. Withhold Permits: The City may deny or withhold all permits, certificates, or other forms of authorization pertaining to any land or improvements when an uncorrected violation exists 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 Board, 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 section shall apply regardless of whether the original applicant or current owner is responsible for the violation in question. (Ord. 2018-12, 10-18-2018)
B. Revoke Permits: Any permit may be revoked when the Zoning Administrator 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, his or her 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. Upon revocation of a building or other permit issued by mistake, the owner shall meet with the Zoning Administrator to determine the nature of the mistake.
a. When plans are in conflict with ordinances, resolutions, regulations, or requirements, 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.
b. When construction has progressed to a stage where compliance would require substantial alteration of construction in place, the owner shall meet with the City Manager to negotiate possible changes in the plans which would more nearly conform to applicable requirements.
c. When a mistake has been made calculating the fee for any permit, the proper fee shall be charged.
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:
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 Zoning Administrator may, without notice, cause the immediate removal of such sign.
1. Such action by the City shall be at the expense of the owner and shall include the actual cost of repair or removal of the sign, plus fifteen percent (15%) of such amount for administrative and overhead costs.
2. If the owner fails to pay the amount due within thirty (30) days from the date of billing, the City may initiate legal action against the owner as provided by law to collect such costs and expenses, including interest at the legal rate and reasonable attorney fees.
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.
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: Any person violating, causing or permitting a violation of the provisions of this title shall be guilty of a class C misdemeanor. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued or permitted by such person. Violation of any of the provisions of this title shall upon conviction be punishable as a class C misdemeanor.
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. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)