The purpose of this chapter is to establish the remedies, penalties, and procedures for enforcement of this chapter.

The remedies, penalties, procedures, and other matters set forth in this chapter shall apply to any violation of the provisions of this chapter.

This chapter shall be enforced by the zoning administrator.

Every official and employee of the city who is vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate, or license for a use, building, or purpose in conflict with the provisions of this chapter. Any permit, certificate, or license issued in conflict with the provisions of this chapter, intentionally or otherwise, or which is issued upon a false statement of fact material to the issuance of the permit shall be void.

It shall be unlawful for any person to violate any provision of this chapter, cause the violation of any provision of this chapter, or fail or refuse to do some act required under this chapter, including any of the following acts:

1. Development Or Use Without Permit:
   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 chapter or other city ordinance in order to conduct or engage in such activity.
2. Development Or Use Inconsistent With Permit:
   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. Development Or Use Inconsistent With Conditions Of Approval:
   To violate, by act or omission, any lawful term, condition, or qualification placed by the city council, planning commission, Hearing Officer, or officer of the city, as applicable, upon a required permit, certificate, or other form of authorization granted by the city council, planning commission, Hearing Officer, or other city officer allowing the use, development, or other activity upon land or improvements thereon.
4. Development Or Use Inconsistent
   With this chapter: 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. Making Lot Or Setback non-conforming:
   To reduce or diminish any lot area so that setbacks or open spaces shall be smaller than prescribed by this chapter and the applicable final plat or plan.
6. Increasing Intensity Of Use:
   To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this chapter.
7. Removing, Defacing, Or Obscuring Notice:
   To remove, deface, obscure, or otherwise interfere with any notice required by this chapter.
8. Continuing Violation:
   To continue any of the above violations. Each day a violation occurs shall constitute a separate offense.

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

1. Withhold Permits:
   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 chapter or to a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city council, planning commission, Hearing Officer, 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 current owner is responsible for the violation in question.
2. Revoke Permits:
   Any permit may be revoked when the zoning administrator determines that actions taken thereunder do not conform to plans, specifications, or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any provision of this chapter is being violated.
   1. Written notice of such revocation shall be served upon the owner, his or her agent, or contractor, or upon any person employed at the site of the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
   2. Upon revocation of a building or other permit issued by mistake, the owner shall meet with the zoning administrator to determine the nature of the mistake.
      1. When plans are in conflict with ordinances, resolutions, regulations, or requirements, and when construction has not progressed to a stage where modification of the plans would require substantial alteration of the structures in place, the plans shall be modified to conform with applicable requirements.
      2. When construction has progressed to a stage where compliance would require substantial alteration of construction in place, the owner shall meet with the city manager to negotiate possible changes in the plans which would more nearly conform to applicable requirements.
      3. When a mistake has been made calculating the fee for any permit, the proper fee shall be charged.
3. Stop Work:
   In accordance with its power to stop work under the building code, the city may stop work, with or without revoking permits, on any building or structure on any land on which exists an uncorrected violation of a provision of this chapter or permit or other form of authorization issued hereunder.
4. Revoke Plan Or Other Approvals:
   Where a violation of this chapter involves failure to comply with approved plans or a condition upon which plan approval was subject, the city may, after 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 city may reasonably impose.
5. Remove Signs:
   When a sign is illegally located within a public right of way, on any city owned property, or in the case of an emergency or an identified hazard, the zoning administrator 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 fifteen percent (15%) of such amount for administrative and overhead costs.
   2. If the owner fails to pay the amount due within thirty (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 the district court to stop any violation of this chapter, 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:
   Any person violating, causing or permitting a violation of the provisions of this chapter shall be guilty of a class C misdemeanor. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person. Violation of any of the provisions of this chapter shall upon conviction be punishable as a class C misdemeanor.
9. 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 chapter.
10. Remedies Cumulative:
    These remedies shall be cumulative.

It shall be an affirmative defense to the enforcement of the provisions of this chapter that the action complained of is a legally non-complying structure, non-conforming lot, use, or other nonconformity as set forth in chapter 8 of this chapter. The property owner shall have the burden of establishing that a non-complying structure, non-conforming lot, or use lawfully exists under this chapter.

1. Inspection Of Buildings, Structures, And Land Uses:
   The zoning administrator is authorized to inspect 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 chapter.
2. Right Of Entry:
   Authorized city personnel shall have the right to enter any building for the purpose of determining compliance with the provisions of this chapter. 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. Violation:
   The zoning administrator shall investigate any purported violation of this chapter.
4. Interference With Enforcement Personnel:
   It shall be unlawful for any person to interfere with lawful enforcement activities.
5. Other City Departments To Assist With Enforcement Activities:
   At the request of the city manager, other city departments shall assist in the administration of enforcement activities authorized by this chapter.
6. Notice:
   In the case of violations not involving continuing construction or development, or any emergency situation, the zoning administrator shall give written notice of the nature of the violation to the owner of the land and to any person who is a party to any relevant permit, certificate, or approval. The persons receiving such notice shall have thirty (30) days to correct the violation before further enforcement action.
7. Immediate Enforcement:
   In the case of a violation involving either continuing construction or development, or an emergency situation, as reasonably determined by the zoning administrator, the city may use the enforcement powers and remedies available to it under this chapter without prior notice. In such case, the zoning administrator shall send the notice to the same parties set forth in the previous subsection simultaneously with the beginning of enforcement action.
8. 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 chapter is hereby declared to be unlawful and a public nuisance. The city attorney may commence action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. The city attorney may also take such other steps and may apply to such court as may have jurisdiction to grant such 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 chapter.

1. 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.
2. Continuation:
   Nothing in this chapter shall prohibit the continuation of previous enforcement actions, undertaken by the city pursuant to previous and valid resolutions, ordinances, and laws.

Any person aggrieved by a decision of the zoning administrator or other official enforcing the provisions of this chapter may appeal for relief therefrom in accordance with the provisions of section 152-7-19 of this chapter.