1-4A-6: PROSECUTORIAL DISCRETION TO REDUCE PENALTY:

The prosecutor shall have the authority to reduce the penalty of an offense under the provisions of this code if the reduction in the penalty will serve the interests of justice. In making such a determination, the prosecutor may consider the nature of the alleged offense, the circumstances under which the allegations arose and the resources being brought to bear in the prosecution of the offense.

(Ord. 2005-29, 5-24-2005)

ARTICLE B. ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES

SECTION:

1-4B-1: Purpose; Applicability Of Article

1-4B-2: Definitions

1-4B-3: Notice Of Violation

1-4B-4: Failure To Comply

1-4B-5: Daily Violations

1-4B-6: Reoccurring Violations

1-4B-7: Multiple Violations

1-4B-8: Payment

1-4B-9: Extensions Of Time

1-4B-10: Appeals

1-4B-11: Collection

1-4B-12: Collection Action Not Relief Of Correction Responsibility

1-4B-1: PURPOSE; APPLICABILITY OF ARTICLE:

The purpose of this article is to provide a standardized procedure for the administrative imposition of certain civil penalties authorized under various sections, articles, chapters or titles of this code and to encourage the correction of code violation without resort to the criminal courts.

(Ord. 2005-29, 5-24-2005)

1-4B-2: DEFINITIONS:

The following terms shall be defined as indicated for the purposes of this article:

CIVIL CITATION (Also Known As A CITATION): A written notice, issued by an enforcement officer to a responsible party, that a violation of this code has occurred and that a civil penalty has been assessed.

DATE OF NOTICE: A. The date of personal delivery of any notice or civil citation to the responsible party; or

   B.   Five (5) days after any notice or civil citation is mailed via first class mail, postage prepaid, to the:

      1.   Owner of the real property that is the subject of the notice or citation at the last known address as shown on the records of the Weber County assessor, as evidenced in the records maintained in the Weber County recorder's office,

      2.   Occupant of the real property that is the subject of the notice or citation at the address of the property in violation, unless another address for such occupant is shown on the records of the Weber County assessor's office, as evidenced in the records maintained in the Weber County recorder's office; or

   C.   The date that a notice or civil citation is affixed to a vehicle found in violation or mailed via first class mail, postage prepaid, to the registered owner of such vehicle at the address as shown in the registration records of the state of Utah.

ENFORCEMENT OFFICER: An officer, employee or other person authorized to issue any notice of violation or civil citation.

HEARING OFFICER: The mayor, or any hearing officer designated by the mayor.

NOTICE OF VIOLATION (Also Known As A NOTICE, NOTICE OF CODE VIOLATION, NOTICE AND ORDER OR WARNING NOTICE): A written notice, issued by an enforcement officer to a responsible party, that a violation of this code has occurred.

PERSONAL DELIVERY: Hand delivery to the responsible party, or leaving it at the responsible party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

RESPONSIBLE PARTY: Any person liable for a violation or civil penalty under the applicable provisions of this code.

WARNING PERIOD: Ten (10) days after the date of notice, unless a greater period of time is given by the enforcement officer. If the notice of violation is delivered by first class mail, the time for correction listed in such notice shall include the additional five (5) days required for delivery.

(Ord. 2005-29, 5-24-2005)

1-4B-3: NOTICE OF VIOLATION:

If an enforcement officer finds that a violation exists within the city, the enforcement officer may provide a notice of violation to the responsible party. The notice of violation shall indicate the nature of the violation, the action necessary to correct it, the warning period established before imposition of civil penalties, and the civil penalty amount for failure to correct the violation within the established warning period. The date of notice applicable to such notice shall serve to start the warning period.

(Ord. 2005-29, 5-24-2005)

1-4B-4: FAILURE TO COMPLY:

If a violation within the city remains uncorrected after expiration of the warning period, the responsible party shall be liable for the civil penalties imposed under such title, chapter, article or section of this code. Such penalty shall be assessed by issuance of a citation by the enforcement officer. Any penalty assessed herein shall be in addition to such other penalties as may be provided in this code.

(Ord. 2005-29, 5-24-2005)

1-4B-5: DAILY VIOLATIONS:

Each day a violation remains uncorrected after expiration of the warning period and upon any subsequent issuance of a civil citation shall give rise to a separate civil penalty. The city may combine any action to recover daily penalties with any other civil penalty regarding the same property or person. No civil citation shall issue for a daily violation that occurs in conjunction with another criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding.

(Ord. 2005-29, 5-24-2005)