A. In addition to any other remedies authorized by law or in this title, if the notified party fails to repair or secure the property in question, the City may pursue any one (1) or more of the following additional remedies:
1. Notice Of Deficiency: The Supervisor of Housing Enforcement may record with the Salt Lake County Recorder's Office a notice of any conditions that violate the self-certification standards established by the City. The notice shall be mailed to all notified parties.
2. Criminal Action: Violations of the provisions of self- certification standards established by the City may be punishable as a Class B misdemeanor upon conviction.
3. Civil Action: Violations of self-certification standards established by the City may also be enforced by injunction, mandamus, abatement, civil penalties or any other appropriate action in law or equity.
B. Civil penalties may be imposed according to the following procedures:
1. Notice Of Violation:
a. If the housing inspector finds that any provision of this chapter is being violated, the housing inspector shall provide a written notice to the property owner and to any other person determined to be responsible for such violation. The written notice shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be provided at the housing inspector's discretion.
b. The written notice shall state what action the housing inspector intends to take if the violation is not corrected. The written notice shall include information regarding the established warning period for the indicated violations and shall serve to start any warning periods provided in this chapter.
c. Such written notice issued by the housing inspector shall be deemed sufficient and complete when served upon the person cited:
(1) Personally by the inspector or his or her representative; or by mailing, postage prepaid, by certified mail or commercial courier addressed to the person cited at the last known address appearing on the records of the County Recorder; and
(2) By posting notice on the property where said violation(s) occurs.
d. In cases when delay in enforcement would seriously threaten the effective enforcement of this chapter, or pose a danger to the public health, safety or welfare, the housing inspector may seek enforcement without prior written notice by invoking any of the fines or remedies authorized in this chapter.
e. If the violation remains uncured within five (5) days after the expiration of the warning period, a second notice of violation shall be delivered by mail, postage prepaid, addressed to the person cited at the last known address appearing on the records of the County Recorder. The second notice of violation shall identify the date on which the civil penalties shall begin to accrue.
2. Amount Of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the City: Fifty dollars ($50.00) per violation per day. If more than ten (10) violations exist, the daily penalties shall double.
b. Failure to obey an interpretation, decision or requirement of the Housing Advisory and Appeals Board: Twenty five dollars ($25.00) per violation per day.
3. Daily Violations: Each day a violation continues after the citation deadline shall give rise to a separate civil penalty.
4. Compliance: Accumulation of penalties for violations, but not the obligation for payment of penalties already accrued, shall stop upon correction of the violation.
5. Recurring Violations: In the case where a violation, which had been corrected, reoccurs within six (6) months of the initial correction, the City will begin enforcement of said recurring violation and penalties will begin accruing after a ten (10) day warning period.
6. Appeals:
a. Appeals Contesting The Existence Of A Violation:
(1) Appeals contesting the existence of the violation must be filed with the Housing Advisory and Appeals Board pursuant to section 5.14.125 of this chapter within thirty (30) days from the date the original notice of violation was issued.
b. Appeals Contesting The Amount Of The Penalties Imposed:
(1) The Mayor, or his/her designee, shall appoint such Hearing Officer as the Mayor, or his/her designee, deems appropriate to consider matters relating to the violation of this chapter. The Hearing Officer shall have the authority to hear evidence, reduce or eliminate penalty amounts, and to make such equitable adjustments as he/she deems appropriate.
(2) Any person receiving a notice of violation may appear before a Hearing Officer to appeal the amount of the penalty imposed. However, no party may appear before a Hearing Officer until violations identified have been corrected and a notice of compliance has been issued.
(3) The Hearing Officer shall maintain complete and permanent records of all inspections and decisions.
(4) The burden to prove any defense shall be upon the person raising such defense.
(5) Commencement of any action to remove or reduce penalties shall not relieve the responsibility of any person cited to make payment of subsequently accrued civil penalties nor shall it require the City to reissue any of the notices required by this chapter.
(6) The Hearing Officer may adjust, reduce or eliminate penalties or create payment plans relating to penalties accrued by the person cited. In the administration of this duty, the Hearing Officer may reduce or eliminate penalties based upon any circumstance or other equitable consideration the Hearing Officer finds to be applicable. In cases where the administrative process has not been followed by the division, the Hearing Officer has the authority to reduce or eliminate penalties.
(7) Payment plans may be created by the Hearing Officer. Although the Hearing Officer has the ultimate authority in establishing the payment schedule, the minimum payment schedule provided by the Department of Community and Neighborhoods should be followed. Once a payment schedule has been developed by the Hearing Officer, and agreed to by the person cited, failure to submit any two (2) payments as scheduled will require payment of the entire amount of the original penalty immediately. (Ord. 31-17, 2017)