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A. In addition to any other remedies authorized by law or in this chapter, if the notified party fails to repair or secure the property in question, the city may pursue any one or more of the following additional remedies:
3. Civil Action: Violations of sections 18.50.060 through 18.50.080 of this chapter may also be enforced by injunction, mandamus, abatement, civil fines or any other appropriate action in law or equity.
B. Civil fines may be imposed according to the following procedures:
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, return receipt requested, 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 shall identify the date on which the civil fines shall begin to accrue.
2. Amount Of Fine: Civil fines shall accrue as follows:
a. Substandard condition violations: Twenty five dollars ($25.00) per day. If more than ten (10) substandard condition violations exist, the daily fines shall double.
b. Hazardous condition violations: Fifty dollars ($50.00) each per day.
c. Imminent danger violations: Seventy five dollars ($75.00) each per day.
d. Failure to obey an interpretation, decision or requirement of the housing advisory and appeals board: Twenty five dollars ($25.00) per day.
3. Daily Violations: Each day a violation continues after the citation deadline shall give rise to a separate civil fine.
4. Compliance: Accumulation of fines for violations, but not the obligation for payment of fines 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 fines will begin accruing after a ten (10) day warning period.
6. Appearance Before A Hearing Officer:
a. Right To Appear: Any person cited may appear before a hearing officer to appeal the amount of the fine imposed. However, no party may appear before a hearing officer until violations identified have been corrected and a notice of compliance has been issued. Appeals to the hearing officer contesting the amount of the fine imposed must be filed within thirty (30) days from the date of the notice of compliance.
b. Defense: The burden to prove any defense shall be upon the person raising such defense.
c. Responsibility: Commencement of any action to remove or reduce fines shall not relieve the responsibility of any person cited to cure the violation or to make payment of subsequently accrued civil fines nor shall it require the city to reissue any of the notices required by this chapter.
7. Appeal Of Administrative Decision: The decision of the housing inspector regarding the existence of the housing violation shall be deemed an administrative decision which may be appealed to the housing advisory and appeals board within thirty (30) days of the date of the first notice.
8. Hearing Officer Duties:
a. 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 relating to mitigating circumstances and to make such equitable adjustments as he/she deems appropriate, as set forth below:
(1) The hearing officer may adjust, reduce or eliminate fines or create payment plans relating to fines accrued by the person cited. In the administration of this duty, the hearing officer may reduce or eliminate fines 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 fines.
(2) 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.
9. Dismissal Criteria:
a. If the hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation. Such defenses include:
(1) At the time of the receipt of the notice of violation, compliance would have violated the criminal laws of the state of Utah;
(2) Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.
10. Acceptance Of Hearing Officer Decision: If the hearing officer finds that a violation of this chapter occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable fine. The person cited has fourteen (14) days in which to accept the decision of the hearing officer. If the person cited does not accept the decision of the hearing officer, an agreement to modify the fine, or set up a payment schedule, the decision of the hearing officer is void and the city will attempt to collect the original amount of the fine.
11. Abatement For Correction And Payment:
a. Civil fines may be partially abated after the violation is cured and at the discretion of the hearing officer if any of the following conditions exist:
(1) Strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property.
(2) The violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance.
(3) A change in the actual ownership of the property was recorded with the Salt Lake County recorder's office after the first or second notice was issued and the new owner is not related by blood, marriage or common ownership to the prior owner.
(4) Such other mitigating circumstances as may be approved by the city attorney or designee.
b. If the hearing officer finds that the noticed 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 fine.
c. 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 fine immediately. (Ord. 49-16, 2016: Ord. 38-08, 2008: Ord. 6-04 § 10, 2004: Ord. 52-01 § 5, 2001: Ord. 55-95 § 4 (Exh. A), 1995)