A. Authority. Any condition caused, maintained, or permitted to exist in violation of any provisions of the City Code or City ordinances that constitutes a violation may be abated by the City pursuant to the procedures set forth in this Chapter.
B. Notice Of Violation; Administrative Abatement.
1. Whenever a Code Enforcement Officer determines that a violation of the City Code or City ordinances has occurred or continues to exist, the Code Enforcement Officer may choose to proceed under these administrative abatement procedures.
2. If the administrative abatement procedure is used, a notice of violation shall be issued to the responsible person(s). The notice of violation shall include the following information:
a. Name of responsible person(s);
b. Street address or location of violation;
c. Date violation observed;
d. All codes or ordinances violated and an explanation as to how the code or ordinance was violated;
e. A statement explaining the type of remedial action required to permanently correct outstanding violations, which may include corrections, repairs, demolition, removal, or other appropriate action;
f. Specific date to correct the violations listed in the notice of violation, which date shall be at least ten (10) calendar days from the date of service;
g. Explanation of the consequences if the responsible person fails to comply with the terms and deadlines as prescribed in the notice of violation, which may include criminal prosecution, civil penalties, administrative citations, revocation of permits, recordation of the notice of violation on the property, withholding of future municipal permits, abatement of the violation, costs, administrative fees, and any other legal remedies;
h. A statement that civil penalties will begin to accrue or be imposed immediately on expiration of the date to correct violations;
i. The amount of the civil penalty on each violation and a statement as to whether the penalty will accrue daily until the property is brought into compliance;
j. That only one notice of violation is required for any 12-month period, and that civil penalties or fines will begin or be imposed immediately upon any subsequent violations of the notice; and
k. Procedures to request a hearing as provided in this Chapter and consequences for failure to request one.
3. The responsible person may request a hearing on renewed violations by following the same procedure as provided for in the original notice.
4. The notice of violation shall be served by one of the methods of service listed in this Chapter.
5. More than one notice of violation may be issued against the same responsible person if it encompasses different dates or different violations.
C. Failure To Bring Property Into Compliance. If the responsible person fails to bring a violation into compliance within the time specified in the Notice of Violation, civil penalties as provided in this Chapter shall be owed to the City.
D. Inspection.
1. It shall be the duty of the responsible person served with a Notice of Violation to request an inspection when his or her property has been brought into compliance. It is prima facie evidence that the violation remains on the property if no inspection is requested.
2. Civil penalties accumulate daily until the property has been inspected and a notice of compliance is issued.
3. Reinspection fees shall be assessed if more than one inspection is necessary.
E. Emergency Abatement.
1. Authority.
a. Whenever the City Manager, Building Official, or Fire Marshal determines that an imminent life or safety hazard exists that requires immediate correction or elimination, the City may exercise the following powers without prior notice to the responsible person:
(1) Order the immediate vacation of any tenants, and prohibit occupancy until all repairs are completed;
(2) Post the premises as unsafe, substandard, or dangerous;
(3) Board, fence, or secure the building or site;
(4) Raze and grade that portion of the building or site to prevent further collapse, and remove any hazard to the general public;
(5) Make emergency repairs as necessary to eliminate any imminent life or safety hazard; or
(6) Take any other action appropriate to eliminate the emergency.
b. The City has the authority, based on cause, to enter the property without a search warrant or court order to accomplish the above listed acts to abate the safety hazard.
c. The responsible person shall be liable for all costs associated with the abatement of the life safety hazard. Costs may be recovered pursuant to this Chapter.
2. Procedures.
a. The City shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the emergency abatement process shall be assessed and recovered against the responsible person through the procedures outlined in this Chapter.
b. The City may also pursue any other administrative or judicial remedy to abate any remaining violations.
3. Notice of Emergency Abatement.
a. After an emergency abatement, the City shall notify the owner or responsible person of the abatement action taken.
b. The notice shall be served within ten days of completion of the abatement.
F. Demolitions.
1. Authority. Whenever the City Manager, Building Official or Fire Marshal determines that a property or building requires demolition, any one of them may order demolition or removal of the offending structure, or exercise any or all of the powers listed in this Chapter, once appropriate notice has been given to a responsible person pursuant to applicable building codes, fires codes, and state law. The responsible person shall be liable for all costs associated with the demolition. Costs may be recovered pursuant to this Chapter.
2. Procedures. Once all the notice requirements of the applicable laws have been met, the property will be abated pursuant to the abatement remedy. Other applicable remedies may also be pursued.
G. Administrative Citations.
1. Declaration of Purpose.
a. The City Council finds that there is a need for an alternative method of enforcement for minor violations of the City Code. The City Council further finds that an appropriate method of enforcement for minor violations is an administrative citation program.
b. The procedures established herein shall be in addition to criminal, civil, administrative, or any other legal remedy established by law that may be pursued to address violations of the City Code or City ordinances.
2. Authority.
a. Any person violating any provision of the City Code or City ordinances may be issued an administrative citation by a Code Enforcement Officer as provided in this Section.
b. A civil penalty shall be assessed by means of an administrative citation issued by the Officer and shall be payable directly to the City Treasurer’s Office.
c. Penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this Chapter.
3. Procedures.
a. Upon discovering any violation of the City Code or City ordinances, a Code Enforcement Officer may issue an administrative citation to the responsible person in the manner prescribed in this Section.
b. The administrative citation shall be issued on a form meeting the requirements of this Chapter.
c. Once the responsible person(s) has been located, the Code Enforcement Officer shall attempt to obtain the signature of that person(s) on the administrative citation. If the responsible person(s) refuses or fails to sign the administrative citation, the failure or refusal shall not affect the validity of the citation and subsequent proceedings. If the Code Enforcement Officer is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person(s) in the manner prescribed this Chapter.
d. Except for violations of Title 10 of South Weber Code, if no one can be located at the property, then the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person(s) in the manner prescribed in Section 1-10-2 of this Chapter.
e. The administrative citation shall also contain the signature of the Code Enforcement Officer.
f. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Part, except for violations of Title 10 as specified in Section 1-10-2.
4. Contents of Administrative Citation. An administrative citation shall include:
a. The date and location of the violations and the approximate time the violations were observed;
b. The Code sections violated and the subject matter of those sections;
c. The amount of penalty imposed for the violations;
d. An explanation as to how the penalty shall be paid, the time period by which the penalty shall be paid, and the consequences of failure to pay the penalty;
e. Notice of the right and the procedures to request a hearing;
f. The signature of the Code Enforcement Officer and the signature of the responsible person, if he or she can be located, as outlined in this Chapter; and
g. Any other information deemed helpful or necessary by the Code Enforcement Administrator.
H. Civil Penalties, Fines, And Fees.
1. In General. As specified in the notice of violation or administrative citation, civil penalties may be assessed daily until the violation is corrected or immediately if an administrative citation is issued. Interest shall be assessed per City policy on all outstanding civil penalties balances until the case has been paid in full. The City may use one form for both notices of violation and administrative citations. Payment of the penalties, fines, and fees shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the City if the violation is not corrected.
2. Amount. Unless specified otherwise in the more specific section of the City Code or the City’s Consolidated Fee Schedule, the minimum penalties shall be as follows:
a. Fees for General City Code Violations:
(1) Administrative Citations:
(A) First Offense: $100
(B) Second Offense (within one calendar year from first offense): $200
(C) Third (or more) Offense (within one calendar year from first offense): $400
(2) Civil Penalties per Notice of Violation or Hearing Officer Order:
(A) $100 per day per violation, accruing until the violation is brought into compliance
b. Hearing Fee for Default Hearings or Administrative Code Enforcement Hearings: $100 if Responsible Person is unsuccessful or fails to appear after proper notice.
3. At the discretion of the Code Enforcement Officer or Hearing Officer, the City may impose penalties up to the maximum allowed by Utah Code Annotated § 10-3-703, as amended.
4. Non-Payment of Citation.
a. If the responsible person fails to make any payments within the time period specified in the notice, the City may send additional notices, file a small claims action, refer the matter to a collection agency, or pursue any remedy in law or equity.
b. Interest may be assessed on all outstanding amounts at a rate of up to 20% per annum.
c. The City has the authority to collect all costs associated with the filing of such actions, including administrative fees and service costs.
5. Modification of Civil Penalties.
a. Upon completion of the required action pursuant to the notice of violation, administrative citation, or administrative enforcement order, the Hearing Officer may modify the civil penalties on a finding of good cause as defined in this Chapter.
b. Civil penalties may be waived or modified by the Hearing Officer if there is a finding of good cause based on the responsible person’s claim of nonconforming use, as defined per state law, or conditional use, as defined by the City Code, and:
(1) The City’s ability to verify the claim; or
(2) The responsible person’s filing of an application for either use before the date of the Notice of Violation or Administrative Citation.
c. Reductions and Waivers for Animal Violations.
(1) The Code Enforcement Coordinator and Hearing Officer may grant reductions and waivers of fines for animal violations under the following circumstances:
(A) $25.00 reduction may be given for first time offenders with good cause.
(B) Offenders with a history of non-payment should generally not receive a reduction or waiver of fines or fees.
(C) At the City’s discretion, flexible monthly plans may be set up according to responsible person’s needs. (Ord. 2022-01, 3-22-2022)