1. Unlawful Acts. It shall be unlawful for any person to violate any provision of this Title, cause the violation of any provision of this Title, or fail or refuse to do some act required under this Title, including, but not limited to, any of the following acts:
   
   1. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the City without all of the required permits, approvals, certificates, and other forms of authorization required by this Title or other City ordinance in order to conduct or engage in such activity;
      
   2. To engage in any development, use, construction, remodeling, or other activity which is contrary to the terms and conditions of any permit, approval, certificate, or other form of authorization required to engage in such activity;
      
   3. To violate, by act or omission, any lawful term, condition, or qualification placed by the City Council, Planning Commission, Board of Adjustment, or officer of the City, as applicable, upon a required permit, certificate, or other form of authorization or approval granted by the City Council, Planning Commission, Board of Adjustment, or other City officer allowing the use, development, or other activity upon land or improvements thereon;
      
   4. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of this Title;
      
   5. To reduce or diminish any lot area so that setbacks or open spaces shall be smaller than prescribed by this Title and any applicable site plan or subdivision plat; or
      
   6. To remove, deface, obscure, or otherwise interfere with any notice required by this Title.
      
2. Continuing Violation. Each day a violation occurs shall constitute a separate offense.
   
3. Persons Liable. The owner, owner’s agent, tenant and/or occupant of any building or land or part thereof and any builder, contractor, agent and/or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this Title may be held responsible for the violation and be subject to the penalties and remedies provided herein.

Any violation of the provisions of this Title shall be subject to the enforcement remedies and penalties provided by this Chapter and by Utah law, including any of the following:

1. Withhold Permit. The City may deny or withhold all permits, certificates, or other forms of authorization pertaining to any land or improvements when an uncorrected violation exists pursuant to this Title or to a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City Council, Planning Commission, Board of Adjustment, or other City officer. The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this Section shall apply regardless of whether the original applicant or owner or current applicant or owner is responsible for the violation in question.
   
2. Revoke Permit. Any permit may be revoked by the Zoning Administrator when the Zoning Administrator determines the permit was procured by false representation or was issued by mistake.
   
   1. When a permit is revoked hereunder for false representation or mistake, a notice of a revocation shall be in writing and may be served upon the owner, the owner's agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued. A notice of revocation shall be posted in a prominent location; and, thereafter, no construction shall proceed under such permit.
      
   2. When plans conflict with applicable requirements, in lieu of revoking a permit, such plans may be modified to conform with applicable requirements as determined by the Zoning Administrator.
      
   3. When a mistake has been made calculating the fees or deposits for any permit, the proper fee shall be assessed and paid by the permit holder within 10 days of notification.
      
3. Stop Work. In accordance with its power to stop work under the Construction Codes, the City may stop work, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of a provision of this Title, a permit, or other form of authorization issued hereunder.
   
4. Revoke Plan or Other Approval. Where a violation of this Title involves failure to comply with approved plans or a condition upon which plan approval was subject, the original authorizing or approving body may, after 10 days notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a hearing:
   
   1. Revoke the plan or other approval; or 
      
   2. Condition its continuance on strict compliance, the provision of security, or such other conditions as the Zoning Administrator may reasonably impose.
      
5. Remove Sign. When a sign is illegally located within a public right of way, on City-owned property, or in the case of an emergency or an identified hazard, the Zoning Administrator or authorized enforcement official may, without notice, cause the immediate removal of such sign.
   
   1. Such action by the City shall be at the expense of the owner and shall include the actual cost of repair or removal of the sign, plus 15% of such amount for administrative and overhead costs. 
      
   2. If the owner fails to pay the amount due within 30 days from the date of billing, the City may initiate legal action against the owner as provided by law to collect such costs and expenses, including interest at the legal rate and reasonable attorney fees.
      
6. Injunctive Relief. The City may seek an injunction or other equitable relief in district court to stop, prevent or enjoin any violation of this Title, or a permit, certificate, or other form of authorization granted hereunder.
   
7. Abatement. The City may seek a court order from the district court in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition which existed prior to the violation.
   
8. Penalty. A violation of any provision of this Title shall be punishable either:
   
   1. As a class C misdemeanor upon conviction; or 
      
   2. By imposing a civil penalty as provided in CZC 12.23.092. 
      
9. Separate and Continuing Violation. Each day that any violation of this Title is committed, maintained, continued or permitted shall be considered a separate offense for purposes of the penalties and remedies available to the City. Accumulation of the penalties for violations, but not the obligation for payment of penalties already accrued, shall stop on correction of the violation.
   
10. Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by Utah law or City ordinance for the violation of any provision of this Title.
    
11. Remedies Cumulative. These remedies shall be cumulative.

1. Investigation and Inspection. The authorized enforcement official may investigate any purported violation of this Title and take action as is warranted under the circumstances in accordance with the provisions and procedures set forth in this Chapter. An enforcement official is authorized to enter upon any property or premises to ascertain whether the provisions of this Title are being obeyed and to make any reasonable examination or survey necessary to determine compliance. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If such inspection, entry, examination or survey requires entry onto private property, the enforcement official shall provide prior notice and obtain approval from the property owner or responsible person. If a property owner or responsible person refuses to allow an enforcement official to enter property, the enforcement official shall obtain a search warrant or administrative warrant before entering the property. 
   
2. Notice of Violation. Except as otherwise provided herein, if the enforcement official determines that any provision of this Title is being violated and immediate enforcement action is not necessary under the circumstances, the enforcement official shall provide a written notice of violation to the property owner or any other person determined to be responsible for the violation. Such written notice of violation shall indicate the nature of the violation, the action necessary to correct the violation, the warning period established before further enforcement action or penalties, and the potential enforcement action and/or penalties to be imposed for failure to cure the violation within the established warning period. Such notice of violation shall be served in accordance with CZC 12.23.093. Such notice of violation shall serve to start the warning period. A notice of violation shall not be required for violations requiring immediate enforcement under Subsection (d), or for subsequent violations within a 12 month period under Subsection (e), as amended.
   
3. Warning Period. Unless otherwise determined by the enforcement official, the warning period for correction of violations set forth in the notice of violation shall be 10 days from the receipt of the notice of violation. If the violation remains uncured after expiration of the warning period, the enforcement official shall pursue further enforcement action as deemed appropriate in accordance with the provisions provided herein. The enforcement official is authorized to extend the warning period, up to an additional 30 days, if the enforcement official determines good cause exists for such extended warning period and the extension will not create or perpetuate a situation imminently dangerous to life or properly. The enforcement official is authorized to grant an extension beyond the additional 30 days, on similar grounds and findings; provided, any such extension shall require written agreement by the property owner or person responsible for the violation to remedy the violations within a set time frame and to comply with any and all conditions of extension as required by the enforcement official. A request for extension shall be filed in writing by the property owner or person responsible for the violation prior to the expiration of the 10 day response period. A warning period shall not be required for violations requiring immediate enforcement under Subsection (d), or for subsequent violations within a 12 month period under Subsection (e), as amended.
   
4. Immediate Enforcement. The enforcement official is not required to provide a notice of violation or warning period for any continuing development or construction or an emergency situation. In the case of a violation involving such continuing construction or development or an emergency situation, as reasonably determined by the enforcement official, the enforcement official may use the enforcement powers and remedies available under this Chapter, including issuance of a civil citation, without prior notice or notice of violation.
   
5. Subsequent Violations. The enforcement official is not required to provide a notice of violation or warning period for the same subsequent Zoning Code violation occurring on the same property within a 12 month period from the date of the first notice of violation. In the case of such subsequent violation(s) occurring on the same property within a 12 month period, the enforcement official may use the enforcement powers and remedies provided under this Chapter, including issuance of a civil citation, without prior notice or notice of violation. In accordance with applicable statutes, property owners with weed violations need only be provided one notice of violation per season.
   
6. Enforcement and Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained; or any land, building, or premises used contrary to the provisions of this Title is hereby declared to be unlawful and a public nuisance. The City Attorney, prosecutor or other authorized legal counsel may commence action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. The City Attorney, prosecutor or other authorized legal counsel may also take such other steps and may apply to such court as may have jurisdiction to grant relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any building, structure, or property contrary to the provisions of this Title.

1. Civil Citation. If any violation of this Title remains uncured after issuance of a notice of violation and expiration of the warning period set forth therein, as applicable, a civil citation may be issued to the property owner or other person determined to be responsible for the violation and civil penalties imposed for such violation. The civil citation shall be served in the manner set forth in CZC 12.23.093. Each civil citation shall include the date and location of all violations, the code sections violated, the amount of the civil penalty imposed for each violation, an explanation of how the civil penalty shall be paid and the consequences for failure to pay, an explanation of the right to and the procedures for requesting an administrative hearing, and the signature of the enforcement official issuing the citation.
   
2. Civil Penalties Imposed. Civil penalties to be imposed for a civil citation shall be imposed in accordance with the civil penalties set forth in the City Fee Schedule.  Civil penalties shall be due and owing to the City within 20 days from the date of service. The civil penalty shall double if not paid within 20 days from the date of service. The civil penalty shall triple if not paid within 40 days from the date of service. After 40 days, unpaid civil penalties shall accrue interest at the rate set forth by the State of Utah for unpaid judgments. Payment of any civil penalty shall not excuse any failure to correct a violation or the reoccurrence of the violation, nor shall it bar further enforcement action by the City. A civil citation and civil penalties may be imposed for each and every day a violation occurs or continues to exist. Additional civil penalties may be imposed for subsequent or reoccurring violations on the same property within 12 months from the date of the civil citation. Such graduated penalties for subsequent or recurring violations shall be adopted by the City Council and set forth in the City Fee Schedule. If a violation is corrected but reoccurs on the same property within one year from the imposition of any civil penalty, any subsequent violation within such one year period shall subject the person to the recurring violation penalty. Civil penalties may not be imposed for a civil violation that occurs in conjunction with another criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding. Civil penalties shall be paid to the City Finance Department. 
   
3. Request for Hearing. Any person having received a civil citation may request an administrative hearing before a hearing officer by filing a written application for hearing. Such request for hearing shall be filed with the City Recorder within 20 days from the date of service of the civil citation or other specified date set forth therein. Failure to request an administrative hearing as provided herein within 20 days from the date of service of the civil citation or other specified time frame shall constitute a waiver of the right to an administrative hearing and the right to an appeal. 
   
4. Scheduling Hearing. Upon receipt of a request for an administrative hearing, the City Recorder shall forward the same to the City Manager. The City Manager shall thereafter appoint, contract with or hire a hearing officer to hear the matter. As soon as practicable after being appointed, the hearing officer shall schedule a date, time and place for the administrative hearing and shall send written notice of same to the responsible person(s). Notice of the hearing shall be served on the responsible person(s) in accordance with the provisions of CZC 12.23.093.
   
5. Hearing Procedures. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; provided, all persons shall be afforded due process of law, including adequate notice, an opportunity to be heard, and adequate explanation of the reasons justifying any action. The City shall bear the burden of proof to establish the existence of a violation of the Zoning Code. Such proof shall be established by a preponderance of the evidence. All administrative hearings shall be open to the public and shall be recorded. The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, address and telephone number shall be given to the City at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the City's request, and all costs of the continuance shall be assessed to the responsible person. The burden to prove any raised defenses shall be upon the party raising any such defense. 
   
6. Failure to Attend Hearing. A responsible person who fails to appear at an administrative hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal, provided that proper notice of the hearing has been given as provided in CZC 12.23.093.
   
7. Administrative Order. After holding the administrative hearing, the hearing officer shall issue a written administrative order affirming, rejecting or modifying the civil citation and/or civil penalties. The administrative order shall become final on the date of signing by the hearing officer. The administrative order shall be served on all parties in accordance with the provisions of CZC 12.23.093. 
   
8. Appeal. Any person aggrieved of the hearing officer's determination regarding the imposition of civil penalties for a Zoning Code violation may appeal such final administrative determination to the Board of Adjustment in accordance with the appeal procedures set forth in CZC 12.21.200.
   
9. Collection. The City may use any lawful means available to collect any unpaid penalty and fees imposed under this Chapter, including costs and reasonable attorney's fees.
   
10. Enforcement Alternative. The procedures set forth herein regarding notice and imposition of civil penalties is one of many enforcement options available to the Zoning Administrator and is not intended to be an exclusive or required remedy.

Whenever notice is required to be given under CZC 12.23.092 for civil enforcement proceedings, the notice shall be served by one of the following methods, unless different provisions are otherwise specifically stated to apply:

1. Personal service;
   
2. Certified mail, return receipt requested, postage prepaid, to the last known address(es) of the responsible person(s);
   
3. Posting the notice conspicuously on or in front of the property, if inhabited; if the property is uninhabited, the notice must be personally served, mailed or published as provided herein; or
   
4. Published in a newspaper of general circulation when the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service is impracticable under the circumstances, or where there exists good cause to believe the person to be served is avoiding service.
   

Failure of a responsible person to receive notice shall not affect the validity of any civil enforcement action taken hereunder if notice has been served in the manner set forth above. Service by certified mail shall be deemed served on the date signed for on the return receipt.

1. Criminal Citation. If any violation of this Title remains uncured after issuance of a notice of violation and expiration of the warning period, a criminal citation may be issued to the property owner or other person determined to be responsible for the violation in accordance with the notice of violation. All criminal citations for Zoning Code violations shall be issued by the City Police Department in accordance with applicable criminal procedures for issuance of a criminal citation.
   
2. Criminal Penalties. The criminal penalty for Zoning Code violations is a class C misdemeanor subject to such fines and incarceration as set forth by Utah law.

1. Inspection of Buildings, Structures, and Land Uses. The Zoning Administrator, or his or her authorized designee, is authorized to inspect 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. Right of Entry. The Zoning Administrator, or his or her authorized designee, shall have the right to enter any building or property for the purpose of determining compliance with the provisions of this Title. Such right of entry shall be exercised only at a reasonable hour. In no case shall entry be made to any building in the absence of the owner or tenant thereof without consent of the owner or tenant, or a written order of a court of competent jurisdiction.
   
3. Interference with Enforcement Personnel. It shall be unlawful for any person to interfere with lawful enforcement activities of authorized City personnel.
   
4. Other Powers. In addition to the enforcement powers specified in this Chapter, the City may exercise any and all enforcement powers granted to it by Utah law, as may be amended from time to time.
   
5. Continuation. Nothing in this Title shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid resolutions, ordinances, and laws.
   
6. Selection of Remedy. Except as otherwise restricted by law, the City shall have the sole discretion in deciding whether to pursue a criminal or civil enforcement action for the violation of any ordinances or applicable code requirements and the provisions of this Chapter shall not be construed to limit the City's right to prosecute any violation as a criminal offense; provided, the City may not impose a civil penalty for a civil violation that occurs in conjunction with another criminal episode that will be prosecuted in a criminal proceeding.
   
7. Essential Governmental Function. By establishing performance standards or by establishing obligations to act, it is the intent of the City Council that City employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability.