1. Ascertain the names of the owners and occupants of the premises where such object and condition exist, together with a description of the premises; and
2. Issue a Criminal Procedure Notice to the owner or occupant of the property through either personal service to the owner or occupant, or through certified mail addressed to the owner or occupant at their last known address as disclosed by the records of the county recorder or as otherwise ascertained. In the event the code enforcement officer elects to mail the notice, it shall be deemed served when it is sent by certified mail.
B. The notice shall:
1. Require the person to whom it is sent to correct the violation within such time as the code enforcement officer shall designate, which shall not be less than ten (10) nor greater than twenty (20) days and shall be known as the correction period, with the time given to remedy the violation beginning the day following the day on which the notice is issued;
2. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists;
3. Inform the person to whom the notice is issued that after the correction period, if the violation has not been fully remedied, the matter will be referred for criminal prosecution;
4. Inform the person that in the event criminal prosecution is pursued, the prosecution shall be for a misdemeanor except regarding an individual’s pet or use of the individual’s residence which shall be an infraction unless:
a. A fine has been imposed for a violation involving the same residence or pet on three previous occasions within the past 12- month period;
b. Violation is a nuisance as defined in state code 78B-6-1101(1);
c. Violation threatens the health, safety, or welfare of the individual or an identifiable third party; or
d. Violation is of building or fire code.
C. In the event the person complies with the notice, the person shall notify the code enforcement officer of their compliance. Within five (5) days of receiving notice of compliance, the code enforcement officer shall again inspect the property.
1. If the property complies with this chapter, the code enforcement officer shall notify any other offices or persons who have received notice of the violation of compliance and no criminal action shall be brought.
2. In the event the property still does not comply with the provisions of this chapter, the code enforcement officer shall issue a Final Criminal Procedure Notice, clearly stating the reasons the property is still considered in violation of this chapter.
3. In the event a final notice is issued for the same violation and the person again asks for inspection and the violation is still not corrected to the satisfaction of the code enforcement officer, the matter shall be referred to the city prosecutor for criminal prosecution. In no case shall the code enforcement officer issue more than one criminal procedure notices for the same violation within a 14-day period.
D. In the event the person to whom the notice was issued fails or neglects to correct the violation, the code enforcement officer shall refer the matter to the city prosecutor for prosecution.
E. The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of any notification or the granting to the defendant an opportunity to abate or remove the nuisance.
F. The provisions of this chapter relating to notice and abatement and criminal procedure notice shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.
G. Any owner, occupant, or person having an interest in property subject to this chapter who shall fail to comply with the notice given pursuant to this section shall be guilty of a misdemeanor except for violations pertaining to an individual’s pet or use of residence which shall be infractions. (Ord. 19-07, 3-12-2019)