A. Powers And Duties Of Fines Hearing Officer: The Fines Hearing Officer, appointed pursuant to section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed pursuant to this chapter. As set forth in this section, the Fines Hearing Officer may reduce civil fines and approve civil fine payment schedules.
B. Right To Appear: Any person receiving a notice of violation may appear before a Fines Hearing Officer to appeal the amount of the civil fine imposed by submitting a civil fine appeal on a form provided by the division. However, no party may appear before a Fines Hearing Officer until violations identified have been corrected and a notice of compliance has been issued. Appeals to a Fines Hearing Officer contesting the amount of the civil fine imposed, must be filed within thirty (30) days from the date of the notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall not relieve the responsibility of any person cited to cure the violation or make payment of subsequently accrued civil fines nor shall it require the City to reissue any of the notices required by this chapter.
D. Reduction Of Civil Fine: Civil fines may be reduced at the discretion of the Fines Hearing Officer after the violation is cured and if any of the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment and correction of landscaping violations may be abated from October 15 through the next April 1, or such other times as caused by weather conditions adverse to successful landscaping;
2. Strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property;
3. The violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance;
4. 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 property owner is not related by blood, marriage or common ownership to the prior owner; or
5. Such other mitigating circumstances as determined by the Fines Hearing Officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by this chapter, the Fines Hearing Officer may approve a payment schedule for the delayed or periodic payment of the applicable civil fine to accommodate the person's unique circumstances or ability to pay.
F. Failure To Submit Payment On Payment Schedule: If a payment schedule has been developed by the Fines Hearing Officer, the failure by a person owing civil fines to submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine to become immediately due. (Ord. 56-18, 2018)