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A. Upon receipt of a written application from any person who may be subject to future civil penalties under the provisions of this article and by agreement of such person to comply with the notice if allowed additional time, the enforcement officer may grant an extended warning period, if the officer determines that good cause exists for such extended warning period and the extension will not seriously threaten the effective enforcement of the applicable title, chapter, article or section of this code, nor pose an imminent danger to the public health, safety or welfare. The mayor may adopt written guidelines for the granting of extensions under this section.
B. The granting of an extension shall not restrict the power of the building official to require vacation of premises, nor restrict the enforcement of other code violations.
(Ord. 2005-29, 5-24-2005)
A. Request; Application: Any person having received a notice of violation or a civil citation may request a hearing before a hearing officer by filing a written application for a hearing in the city recorder's office within ten (10) days of the date of notice. Hearings shall be conducted as provided in title 4, chapter 4, article A of this code. All applications for hearing shall be accompanied by a copy of the notice of violation and the fee established in section 4-6-1 of this code.
B. Notification Of Enforcement Officer: Upon receipt of an application for hearing, the city recorder shall immediately notify the enforcement officer.
C. Burden Of Proof: The burden to prove any defense shall be upon the person raising such defense.
D. Applicable Defenses: The hearing officer may dismiss the notice and release the person from liability, if any of the following defenses are applicable:
1. Notice was not served in compliance with the provisions of this article;
2. The violation was corrected within the warning period;
3. It is determined that no violation of the ordinance existed under the notice or civil citation; or
4. At the time of the notice or civil citation, compliance would have violated the criminal laws of the state.
E. Mitigating Circumstances: If the hearing officer finds that a violation did occur but that mitigating circumstances exist, the penalty may be reduced after the violation is corrected. Mitigating circumstances may include:
1. If a change in the actual ownership of the subject property was recorded with the county recorder's office after the notice of violation was issued and the new owner is not related by blood, marriage or common ownership to the prior owner;
2. If the violation or inability to cure were caused by a force majeure event such as war, act of nature, strike or civil disturbance;
3. Compliance with the notice would have presented an imminent and irreparable injury to persons or property; or
4. Such other mitigating circumstances as may be approved by the city attorney or the responsible official.
F. Correction After Expiration Of Warning Period Not Defense: It shall not be a defense that the responsible party corrected the violation after expiration of the warning period.
G. Agreement For Delayed Or Periodic Payments: If the hearing officer finds that the violation occurred and no applicable defense applies, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the delayed or periodic payment of the applicable penalties. In the absence of an agreement for delayed or periodic payments, any civil penalty upheld or reduced by the hearing officer shall be paid within twenty (20) days of the date of the hearing officer's written decision.
H. Appeal To Board Of Building And Fire Code Appeals Or Board Of Zoning Adjustment: Any administrative determination by the hearing officer regarding an interpretation of the provisions of this code within the jurisdiction of either the board of building and fire code appeals or the board of zoning adjustment may be appealed to the applicable board.
I. Appeal To District Court: Any person adversely affected by the decision of the hearing officer may petition the district court for review of the administrative determination pursuant to section 10-3-703.7(5), Utah Code Annotated, or its successor provision.
(Ord. 2005-29, 5-24-2005)
ARTICLE C. PUBLIC NUISANCE ABATEMENT LAW
SECTION:
1-4C-1: Legislative Declarations
1-4C-2: Short Title
1-4C-3: Definitions
1-4C-4: Public Nuisance; Right Of Action To Abate
1-4C-5: Civil Abatement
1-4C-6: Permanent Injunction
1-4C-7: Preliminary Injunctions; Temporary Restraining Orders
1-4C-8: Temporary Restraining Order; Defendant's Remedies
1-4C-9: Temporary Receiver
1-4C-10: Civil Penalties
1-4C-11: Assistance Of Ogden Police Department
1-4C-12: Prohibited Acts
1-4C-13: Article Not Exclusive Remedy
The council of Ogden City finds that public nuisances exist in the city in the operation of certain commercial establishments and the use, alteration, maintenance or operation of residential, commercial and industrial properties, in flagrant violation of the ordinances of the city or the laws of the state of Utah. All of these interfere with the interest of the public in property values, public health, safety, and welfare, and the quality of life and community environment. The council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the city and of the businesses thereof. It is the purpose of the council to create one standardized procedure for securing legal and equitable remedies in the civil courts relating to the subject matter encompassed by this law, without prejudice to the use of other remedies or procedures available under existing and subsequently enacted statutes or ordinances, and to strengthen existing laws on the subject.
(Ord. 2005-12, 3-15-2005; amd. Ord. 2005-29, 5-24-2005)
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