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Cache County Unincorporated
City Zoning Code

CHAPTER 17

04 ENFORCEMENT

17.04.010: ENFORCEMENT AUTHORITY

The director of development services or authorized agent is designated as the officer charged with the enforcement of the regulations set forth in this title. The enforcement requirements within this section shall apply to title 16 of this code and this title.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.020: POWERS AND DUTIES

  1. The director of development services is authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification or repair, and to inspect land uses to determine compliance with the provisions of this title.
  2. The director shall enforce all of the provisions of this title, employing all legal means available to do so.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.030: UNLAWFUL USE PROHIBITED

  1. No land, building or structure shall be used for any purpose or use not allowed in the zone in which such land, building or structure is located.
  2. Violation of any of the provisions contained in this title is prohibited. Any person who violates the provisions of this title shall be subject to the criminal and civil penalties set forth in this chapter.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.040: VIOLATION; PENALTIES AND REMEDIES

  1. Violation of any of the provisions of this title is punishable as a class C misdemeanor upon conviction, as defined by Utah Code Annotated section 17-27A-803 et seq. In addition, the provisions of this title may also be enforced by injunctions, mandamus, abatement, civil penalties, or any other remedies provided by law. (Ord. 2016-13, 8-23-2016, eff. 9-7-2016)
  2. Any one, all, or any combination of the penalties and remedies set forth in subsection A of this section may be used to enforce the provisions of this title.
  3. Each day that any violation continues after notification by the director of development services or authorized agent that such violation exists shall be considered a separate offense for purposes of penalties and remedies set forth in this chapter.
  4. Accumulation of penalties for continuing violations, but not the obligation for payment of penalties already accrued, shall stop upon correction of the violation.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.050: VIOLATION; PERSONS LIABLE

Any person, corporation or other entity, whether as owner, occupant, agent or employee, who causes, permits or otherwise participates in any violation of the provisions of this title may be held responsible for the violation, suffer the penalties, and be subject to the remedies provided by law.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.060: VIOLATION; NOTICE AND ORDER

  1. Notice Of Violation: Upon inspection and discovery that any provision of this title is being violated, the director of development services shall provide a written notice of violation and order to the property owner and to any other party who may be responsible for the violation.
  2. Contents Of Notice: The written notice and order shall:
    1. Indicate the nature of the violation;
    2. Order the action necessary to correct the violation;
    3. Give information regarding the established warning period for the violation; and
    4. State the action the director intends to take if the violation is not corrected within the warning period.
  3. Final Written Notice: An initial written notice shall be mailed to the property owner and/or violator. If a violation then persists, a final written notice shall be served upon the property owner and/or the violator in the same manner as service of a summons pursuant to the Utah rules of civil procedure. Actual notice shall be required.
  4. Notice Period: The final written notice shall commence a ten (10) business day warning period beginning with the receipt of notice. If the violation remains unresolved after the expiration of the warning period, ten (10) business days after receipt of the final written notice the imposition of daily penalties shall commence.
  5. Delay Of Enforcement Would Pose A Danger: In cases where the director determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this title, the director may seek immediate enforcement without prior written notice.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

17.04.070: REMEDIES AND CIVIL PENALTIES

  1. Civil Penalties: Violations of the provisions of this title shall result in civil penalties of one hundred dollars ($100.00) per day for land use or permit violations. Each day a violation is continued or maintained after the receipt of notice shall give rise to a separate civil penalty. Additional penalties may be imposed in the amount of reasonable attorney fees and costs incurred in enforcement of this chapter and collecting the civil penalties herein imposed.
  2. Remedies: The county may issue a cease and desist order, stop work order, or other enforcement as necessary based on the situation. If the violation continues past the notice period, the violation shall be turned over to the county attorney's office for prosecution.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)