(A) Authority.
(1) Any person violating any provision of this code or applicable state codes may be subject to the assessment of civil penalties for each violation.
(2) Each and every day a violation of any provision of this code or applicable state codes exists is a separate violation subject to the assessment of civil penalties.
(3) Civil penalties cannot be assessed when a criminal case has been filed for the same date and violation, because fines will be assessed with the criminal case.
(4) Interest shall be assessed per city policy on all outstanding civil penalties balances until the case has been paid in full. Interest shall be at the judgment rate as set from time to time as set out in UCA § 15-1-4.
(5) Civil penalties for violations of any provision of this code or applicable state codes shall be assessed pursuant to the city consolidated fee schedule.
(B) Procedures for assessing civil penalties.
(1) If a responsible person fails to bring a violation into compliance within ten days of service of the notice of violation, civil penalties shall be owed to the city for each and every subsequent day of violation.
(2) Civil penalties are assessed and owing immediately for any violation of this code or applicable state codes for an administrative citation.
(C) Determination of civil penalties.
(1) Civil penalties shall be assessed per violation per day pursuant to the city fee schedule for a notice of violation.
(2) Civil penalties shall continue to accrue until the violation has been brought into compliance with this code or applicable state codes.
(D) Modification of civil penalties.
(1) Upon completion of the notice of violation or administrative enforcement order, the Administrative Code Enforcement Hearing Officer may modify the civil penalties on a finding of good cause.
(2) Civil penalties may be waived or modified by the Hearing Officer if there is a finding of good cause based on the responsible person’s claim of nonconforming use or conditional use; and
(a) The city’s need to verify the claim; or
(b) The responsible person’s filing of an application for either use before expiration of the date to correct.
(E) Failure to pay penalties. The failure of any person to pay civil penalties assessed within the specified time may result in the enforcement official pursuing any legal remedy to collect the civil penalties as provided by law.
(Prior Code, § 1-4A-3-2)