Whenever the following terms are used in this chapter, they shall have the meanings set forth herein:
ASSESSMENTS: Means and includes, but is not limited to, late charges, administrative fees, attorney fees, court costs, and traffic school fees.
CIVIL CITATION (Also Known As CIVIL NOTICE OF VIOLATION OR CIVIL NOTICE): A notice that a civil violation of this code has occurred, issued by an officer or other person authorized to issue such notice consistent with Utah Code Annotated section 10-3-703 or other applicable laws or state statutes or their successors.
CIVIL PENALTY: The fine, forfeitures, assessments or combination thereof imposed by the Salt Lake City justice court.
CIVIL VIOLATION: A noncriminal violation of Salt Lake City ordinances designated as civil violations.
HEARING OFFICER: An individual designated as a hearing officer, violation coordinator or referee, or such other person who has authority to make decisions regarding civil or criminal citations that have been issued by an enforcement officer, before the matter is referred to a justice court judge. (Ord. 25-04 § 2, 2004: Ord. 21-03 § 1, 2003: Ord. 29-02 § 2, 2002)
A. Duties: Consistent with the policies and procedures promulgated by the justice court, the hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and assessments owed; reduce civil penalties owed; dismiss citations upon payment of fees; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the justice court to carry out the purposes of this chapter in accordance with justice and equity.
B. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the city justice court director or his/her designee. (Ord. 39-10, 2010: Ord. 30-09 § 5, 2009: Ord. 1-06 § 7, 2006: Ord. 62-02 § 1, 2002: Ord. 29-02 § 2, 2002)
A. When an enforcement officer determines that a civil violation of this code has occurred, the officer shall issue a civil citation, the matter shall be handled by the justice court, and the penalty for such civil violation shall be as provided in section 1.12.050 of this code, or its successor.
B. Any person having received a civil citation shall, within twenty (20) days, either pay the civil penalty as contained in the default penalty schedule or file a written request for a hearing before the justice court.
C. Any person receiving a civil citation who requests a hearing shall discuss the matter with a hearing officer for informal resolution prior to the hearing before the justice court.
D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed.
E. If the civil penalties payable to the city remain unsatisfied and no written request for a hearing has been filed after twenty (20) days from the issuance of the civil citation, the city may use such lawful means as are available to collect such penalties, including late charges, administrative and court costs and attorney fees. Any additional penalties are stayed upon filing the request for hearing, until judgment is rendered in the matter. (Ord. 1-06 § 8, 2006: Ord. 29-02 § 2, 2002)
A. If an attorney for the city assists the collections division of the city's finance department in an enforcement or collection action involving a citation for a civil violation of this code, then an attorney fee in the amount set forth in the Salt Lake City consolidated fee schedule shall be assessed against the individual or entity that received the citation. This attorney fee shall be assessed in addition to any other fees that may lawfully be assessed in such circumstances.
B. The attorney fee set forth in subsection A of this section shall not be imposed where the imposition of the attorney fee:
1. Conflicts with federal, state or local law; or
2. Conflicts with a binding contract between the city and the entity or individual required to make payments to the city. (Ord. 37-13, 2013)