§ 90.99 PENALTY.

   (A)   Any person violating any provisions of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.

   (B)   (1)   (a)   Any owner, occupant, or person having an interest in the property subject to §§ 90.01 through 90.05 who shall fail to comply with the notice or order given pursuant to §§ 90.01 through 90.05 shall be subject to administrative abatement orders and shall be criminally guilty of a Class B misdemeanor.

         (b)   Compliance by any owner, occupant, or person to whom a notice has been given, as provided in §§ 90.01 through 90.05, shall not be admissible in any criminal proceeding to determine guilt of an offense brought pursuant to §§ 90.01 through 90.05.

(Prior Code, § 8.06.040)

      (2)   Except as provided in UCA § 76-6-107, or as modified herein, graffiti is (as defined in § 90.05) a:

         (a)   Second-degree felony if the damage caused is in excess of $5,000;

         (b)   Third-degree felony if the damage caused is in excess of $1,000;

         (c)   Class A misdemeanor if the damage caused is equal to, or in excess of, $300; and

         (d)   Class B misdemeanor if the damage caused is less than $300.

(Prior Code, § 8.06.050)

   (C)   (1)   (a)   Any person who is found guilty by a court of violating any of the provisions of §§ 90.20 through 90.25, either by failing to do the acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor, pursuant to UCA § 26A-1-123.

         (b)   Each day such violation is committed, or permitted to continue, shall constitute a separate violation.

      (2)   (a)   Penalties may be included in a settlement agreement or stipulation and consent order. Penalties may be assessed according to the following factors:

            1.   The violator’s history of compliance or non-compliance;

            2.   The violator’s economic benefit of non-compliance;

            3.   The documented costs associated with environmental or health damage;

            4.   The violator’s degree of willfulness or negligence;

            5.   The violator’s good faith efforts to comply and cooperate; and

            6.   Direct costs incurred by the city in conducting its investigations, and the total administrative costs and staff time incurred in the issuance of the NOV.

         (b)   Each day of violation shall be considered a separate violation.

         (c)   Penalties imposed under §§ 90.20 through 90.25 shall consider the items set out at division (C)(2)(a)1., but in no case shall an individual penalty be less than $200 per violation unless reduced by the Mayor for good cause shown.

      (3)   (a)   The city may recover its inspection, investigative and abatement expenses and costs from owners or other responsible persons.

         (b)   The city may record a judgment lien on a violator’s property to recover its expenses and costs.

(Prior Code, § 8.08.080)

   (D)   (1)   Any person violating the provisions of §§ 90.55 through 90.66 shall be guilty of a Class B misdemeanor, punishable as provided under this penalty section. Every day that a violation continues shall be considered a separate offense and shall be punishable as provided herein.

      (2)   Any person who owns, or occupies, any lot, tract, or parcel of land and fails to abate within the required time period any nuisance defined in §§ 90.55 through 90.56, after service of notice pursuant to § 90.58, shall be liable for a civil penalty in the amount of $100. If abatement of the same type of nuisance is required by the city a second time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of $200. If abatement is required by the city a third or subsequent time within the same season, the owner or occupant shall be liable for a civil penalty in the amount of $500.

      (3)   Imposition and collection of such civil penalty shall comply with the following procedures and standards:

         (a)   If a nuisance remains unabated after the date required under the notice, or if the city is required to take abatement action within the same season or calendar year, as applicable, a notice of violation imposing the civil penalty shall be served in the same manner as required under § 90.58, requiring payment of the penalty within 20 days of the date of the notice.

         (b)   If the penalty imposed remains unsatisfied after 20 days, the city may use such lawful means as are available to collect such penalty, including costs and attorney’s fees.

         (c)   Any person having received a notice imposing a civil penalty may appear before a Hearing Officer, designated by the Mayor, City Manager, or City Administrator, by filing a written application for a hearing with the City Recorder within ten days from either the date of mailing or the date of personal delivery of the notice, whichever is applicable.

         (d)   The Hearing Officer may dismiss the notice and release the owner or occupant from liability if any of the following defenses are applicable:

            1.   Notice was not served in compliance with the provisions of this subchapter;

            2.   The nuisance was abated within the time required for performance under the notice; or

            3.   At the time of the receipt of the notice of violation, compliance would have violated the criminal laws of the state.

         (e)   If the Hearing Officer finds that a violation did occur but that mitigating circumstances exist, the penalty may be reduced after the nuisance is abated, or, if the city performed the abatement work, after payment to the city of the costs of abatement. Mitigating circumstances may include:

            1.   If a change in the actual ownership of the property was recorded with the County Recorder’s office after the first or second notice was issued and the new owner is not related by blood, marriage, or common ownership to the prior owner;

            2.   If the violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike, or civil disturbance

            3.   Compliance with the notice would have presented an imminent and irreparable injury to persons or property; or

            4.   Such other mitigating circumstances as may be approved by the City Attorney, or his or her designee.

         (f)   It shall not be a defense that the owner or occupant abated the nuisance after expiration of the time required for performance under the notice.

         (g)   Commencement of any action shall not relieve the responsibility of any person to cure any violation, if still unabated, or to reimburse the city for expenses incurred in the abatement of such nuisance.

(Prior Code, § 10.12.120)

(Ord. 19-2004, passed 9-1-2004; Ord. 27-2016, passed 12-21-2016; Ord. 05-2020, passed 4-1-2020; Ord. 23-2023, passed 11-1-2023)