A. Notice Of Violation: Whenever the Cache County service area no. 1 has determined that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, notice of such alleged violation shall be given to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
1. Be put into writing;
2. Include a statement of the reasons why it is being issued;
3. Allow a reasonable time for the performance of any act it requires;
4. Be served upon the holder of a permit issued under this chapter or upon the owner or agent or the occupant of any premises within the city; provided, that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this state for commencement of civil actions.
B. Content Of Notice: Such notice may:
1. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter,
2. State that unless conditions or practices described in such notice which violate this chapter are corrected within reasonable time specified in such notice, the violator may be punished in accordance with the provisions of this chapter, or a permit which has been issued pursuant to this chapter may be suspended or revoked.
C. Request For Hearing: Any person who is affected by any notice issued in connection with the enforcement of any provision of this chapter may request, and shall be granted, a hearing on the matter before the Cache County service area no. 1, or its designee; provided, that such person shall file, in the office of the Cache County service area no. 1, a written request for such hearing and within ten (10) days after the date the notice was served. Upon receipt of such request, the Cache County service area no. 1 shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard. The hearing shall be commenced not later than ten (10) days after the day on which the request was filed; provided, that upon application of the petitioner, the Cache County service area no. 1 may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
D. Decision: After such hearing, the Cache County service area no. 1 shall sustain, modify, or withdraw the notice, depending upon its findings based on such hearing as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with. If the Cache County service area no. 1 sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written request for a hearing has not been filed in the office of the Cache County service area no. 1 within ten (10) days after such notice was served. In the case of any notice which states that a permit required by this chapter may be suspended or revoked, the Cache County service area no. 1 may suspend or revoke such permit if an order is issued and corrective action has not been taken within the time specified in the notice.
E. Record Of Proceedings: The proceedings at such hearing, including the findings and decision of the Cache County service area no. 1, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Cache County service area no. 1. Such record shall include, also, a copy of every notice or order issued in connection with the matter.
F. Failure To Comply; Hearing: If the corrective action ordered by the Cache County service area no. 1 under this chapter has not been taken within five (5) days after such decision or order thereof, the Cache County service area no. 1 shall give notice that the governing body shall hear the matter. Notice of the hearing shall be given by personal service or by leaving a copy at the residence or place of business of the person not complying, with anyone at such address who is over the age of fourteen (14) years and by mailing a copy of the notice to the last known address of the person not complying with the order.
G. Hearing; Decision: At the time set for the hearing by the Cache County service area no. 1, the governing body shall hear the matter and receive evidence and determine what corrective action is required, if any. The decision of the governing body shall be in writing and a copy mailed to the person not complying. (1991 Code § 8.16.150, as amended)
H. Penalty: Any person who does not comply with the decision of the governing body shall be guilty of a class C misdemeanor, and subject to penalty as provided in section 1-4-1 of this code. The governing body may order the Cache County service area no. 1 to take the corrective action required if the person who does not comply fails to do so, and a court action shall be commenced against such person for any costs incurred by the city. (1991 Code § 8.16.150, as amended; amd. 2009 Code)
I. Emergency Conditions: Whenever the Cache County service area no. 1 finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may without notice or hearing issue a written order reciting the existence of such an emergency and the conditions violating this chapter which require corrective action to remove such health hazard. If such corrective action is not taken, the Cache County service area no. 1 may take the action including the abatement of any nuisance as may be necessary to protect the public health. Notwithstanding other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the governing body shall be afforded a hearing as soon as possible, but in any case not later than three (3) days after the petition was filed. After such hearing, depending upon the findings of the governing body as to whether or not the provisions of this chapter and of the regulations adopted pursuant hereto have been complied with, the governing body may continue such order in effect, modify it or revoke it. (1991 Code § 8.16.150)