A. Recordation Of Notices Of Violation And Hearing Officer Orders.
1. Declaration of Purpose.
a. The City Council finds that there is a need for alternative methods of enforcement for violations of the City Code and City ordinances that are found to exist on real property. The City Council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation and Hearing Officer Orders.
b. The procedures established in this shall be in addition to criminal, civil, or any other remedy established by law that may be pursued to address the violation of the City Code or City ordinances.
2. Authority. Whenever a Code Enforcement Officer or Code Enforcement Coordinator determines that a property or violation has not been brought into compliance as required in this Chapter, the Code Enforcement Coordinator has the authority to record the notice of violation or Hearing Officer Order with the Recorder’s Office of Davis County.
3. Procedures for Recordation.
a. If a Code Enforcement Officer issues a notice of violation or administrative citation to a responsible person, and the property remains in violation after the deadline established in the notice of violation or is not corrected after the administrative citation is issued, and no request for an administrative hearing has been filed, the Code Enforcement Coordinator shall record a notice of violation with the Recorder’s Office of Davis County.
b. If an administrative hearing is held, and an order is issued in the City’s favor, the Code Enforcement Coordinator shall record the Hearing Officer’s Hearing Officer Order with the Recorder’s Office of Davis County.
c. The recordation shall include the name of the property owner, the parcel number, the legal description of the parcel, a copy of the notice of violation, administrative citation, or order, and any other relevant information.
d. The recordation does not encumber the property, but merely places future interested parties on notice of any continuing violation found upon the property.
4. Service of Notice of Recordation. A notice of the recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in this Chapter.
5. Failure to Request. The failure of any person to file a request for an administrative code enforcement hearing when served with a notice of violation shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.
6. Notice of Compliance-Procedures.
a. When the violations have been corrected, the responsible person or property owner may request an inspection of the property from a Code Enforcement Officer.
b. Upon receipt of a request for inspection, the Code Enforcement Officer shall reinspect the property as soon as practicable to determine whether the violations listed in the notice of violation, administrative citation, or the order have been corrected, whether all necessary permits have been issued, and/or whether final inspections have been performed.
c. The Code Enforcement Officer, in conjunction with the Code Enforcement Coordinator, shall serve a notice of compliance to the responsible person or property owner in the manner provided in this Chapter if the Code Enforcement Officer determines that:
(1) All violations listed in the recorded notice of violation or order have been corrected;
(2) All necessary permits have been issued and finalized;
(3) All civil penalties, fines, and costs assessed against the property have been paid or satisfied; and/or
(4) The party requesting the notice of compliance has paid all administrative fees and costs.
d. If a request to issue a notice of compliance is denied, then, upon request, the Code Enforcement Officer, in conjunction with the Code Enforcement Coordinator, shall serve the responsible person with a written explanation setting forth the reasons for the Code Enforcement Officer’s denial. The written explanation shall be served by any of the methods of service listed in this Chapter.
7. Withholding the Issuance of Municipal Permits and Business Licenses.
a. The City may withhold permits and business licenses until a notice of compliance has been issued by a Code Enforcement Officer.
b. The City may withhold business licenses, permits for kennels, permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, and any permits pertaining to the use and development of the real property or the structure.
c. The City may, in its sole discretion, issue permits or business licenses that are necessary to obtain a notice of compliance or that are necessary to correct serious health and safety violations.
8. Cancellation of Recorded Notice of Violation or Hearing Officer Order. In conjunction with the Code Enforcement Officers, the Code Enforcement Coordinator shall record the notice of compliance with the County Recorder’s Office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation, administrative citation, or recorded Hearing Officer Order but shall not cancel any outstanding fines, fees, or costs.
B. Abatement Of Violation.
1. Authority to Abate.
a. A Code Enforcement Officer is authorized to enter upon any property or premises to abate the violation of the City Code and City ordinances.
b. A Code Enforcement Officer is authorized to assess all costs for the abatement to the responsible person and use any remedy available under the law to collect the costs.
c. If additional abatement is necessary within two years, treble costs may be assessed against the responsible person(s) for the actual abatement.
2. Procedures for Abatement.
a. Once the procedures set forth in this Chapter have been complied with, the violation may be abated by City personnel or by a private contractor acting under the direction of the City.
b. These City personnel or private contractors may enter upon private property in a reasonable manner to abate the ordinance violation as specified in the notice of violation or Hearing Officer Order.
c. If the responsible person abates the violation before the City performs the actual abatement pursuant to a notice of violation, administrative citation, or Hearing Officer Order, a Code Enforcement Officer may still assess all costs incurred by the City against the responsible person.
d. When the abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the Code Enforcement Officer overseeing the abatement. The report shall contain the names and addresses of the responsible persons of each parcel and the tax parcel numbers.
e. The Code Enforcement Coordinator shall serve the notice of costs and the itemized bill of costs through any of the means in Section 20.01.09. The notice shall demand full payment within twenty days to the City Treasurer.
C. Recovery Of Costs.
1. Declaration of Purpose.
a. The City Council finds that there is a need to recover costs incurred by Code Enforcement Officers and other City personnel who spend considerable time inspecting and reinspecting properties throughout the City to ensure compliance with the City Code or City ordinances.
b. The City Council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, reinspection fees, filing fees, attorney fees, hearing officer fees, title search, and any additional actual costs incurred by the City for each individual case.
c. The assessment and collection of costs shall not preclude the imposition of any administrative or judicial civil penalties or fines for violations of the City Code or City ordinances.
2. Authority.
a. Whenever actual costs are incurred by the City on a property to obtain compliance with provisions of the City Code and City ordinances, a Code Enforcement Officer or Code Enforcement Coordinator may assess costs against the responsible person.
b. Once a notice of violation has been issued, the property shall be inspected one time if the responsible person requests an inspection in writing. Any additional inspections shall be subject to reinspection fees pursuant to the City fee schedule.
3. Notification of Assessment of Reinspection Fees.
a. Notification of reinspection fees may be provided in the notice of violation served to the responsible person.
b. Reinspection fees assessed or collected pursuant to this Section shall not be included in any other costs assessed.
c. The failure of any responsible person to receive notice of the reinspection fees shall not affect the validity of any other fees imposed under this Section.
4. Failure to Timely Pay Costs. The failure of any person to pay assessed costs by the deadline specified in the invoice shall result in a late fee pursuant to City ordinances.
D. Administrative Fees. The Code Enforcement Officers and Code Enforcement Coordinator are authorized to assess administrative fees for costs incurred in the administration of the code enforcement program, such as investigation of violations, preparation for hearings, hearings, and the collection process. The fee assessed shall be the amount set forth in this Chapter or in the City fee schedule.
E. Injunctions. In addition to any other remedy provided under the City Code or state codes, including criminal prosecution or administrative remedies, any provision of the City Code may be enforced by injunction issued in the Second District Court upon a suit brought by the City.
F. Performance Bonds.
1. As part of any notice, order, or action, the Hearing Officer has the authority to require any responsible person to post a performance bond to ensure compliance with the City Code, City ordinances, or any judicial action.
2. If the responsible person fails to comply with the notice, order, or action, the bond will be forfeited to the City.
G. Code Enforcement Tax Liens.
1. Declaration of Purpose. The City Council finds that recordation of code enforcement tax liens will assist in the collection of civil penalties, administrative costs, and administrative fees assessed by the administrative code enforcement hearing program or judicial orders and lessen the cost to City taxpayers of code enforcement. The City Council further finds that collection of civil penalties, costs, and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the City’s code enforcement system. The procedures established in this Section shall be used to complement existing administrative or judicial remedies that may be pursued to address violations of the City Code or City ordinances.
2. Tax Liens for Abatement Costs.
a. Once the City has abated a property for weeds, garbage, refuse, or unsightly or deleterious objects or structures, the Code Enforcement Coordinator shall prepare three copies of the Itemized Statement of Costs incurred in the removal and destruction of the violations and deliver them to the City Treasurer within ten days after completion of the work of removing the violations.
b. The Code Enforcement Coordinator shall serve the Responsible Person by any of the methods in this Chapter a copy of the Itemized Statement of Costs informing him or her that a code enforcement tax lien is being recorded for actual costs of abatement. Payment shall be due within twenty calendar days from the date of mailing.
c. Upon receipt of the Itemized Statement of costs, the City Treasurer shall record a Code Enforcement Tax Lien against the property with the county treasurer’s office.
d. The failure of any person with a financial interest in the property to receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding costs of abatement.
3. Tax Liens for Judgments. Once a judgment has been obtained from the appropriate court imposing costs, fines, or fees against the responsible person, the Code Enforcement Coordinator may record a code enforcement tax lien against any real property owned by the responsible person.
4. Cancellation of Code Enforcement Tax Lien.
a. Once payment in full is received for the outstanding civil penalties and costs, or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the Code Enforcement Coordinator shall either record a notice of satisfaction of judgment, or provide the property owner or financial institution, through any of the means of service in Section 20.01.09, with the notice of satisfaction of judgment so that it can record this notice with the county recorder’s office.
b. The notice of satisfaction of judgment shall include the same information as provided for in the original code enforcement tax lien.
c. Such notice of satisfaction of judgment shall cancel the code enforcement tax lien.
H. Recover Of Costs By Writ Of Execution. After obtaining a judgment, the City may collect the obligation by use of all appropriate legal means. This may include the execution on personal property owned by the responsible person by filing a writ with the applicable court.
I. Recovery Of Costs By Writ Of Garnishment. After obtaining a judgment, the City may collect the obligation by use of all appropriate legal means. This may include the garnishment of paychecks, financial accounts, and other income or financial assets by filing a writ with the applicable court. (Ord. 2022-01, 3-22-2022)