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

(Adopted by Ord. 2007-02 on 7/11/2007)

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

(Adopted by Ord. 2007-02 on 7/11/2007)

This title shall be enforced by the zoning administrator.

(Adopted by Ord. 2007-02 on 7/11/2007)

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 title and shall issue no permit, certificate, or license for a use, building, or purpose in conflict with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, or which issued upon a false statement of fact material to the issuance of the permit shall be void.

(Adopted by Ord. 2007-02 on 7/11/2007)

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 any of the following acts:

A.

Transfer or Sale of Land Without Subdivision Approval: To transfer or sell any land in a subdivision before a subdivision plat or record of survey has been approved and recorded. The description by metes and bounds in an instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from being a violation or from the penalties or remedies provided in this chapter.

B.

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 title or other city ordinance in order to conduct or engage in such activity.

C.

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.

D.

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.

E.

Development or Use Inconsistent with This Title: To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure, or to use any land in violation of this title.

F.

Making Lot or Setback Nonconforming: To reduce or diminish any lot area so that setbacks or open spaces shall be smaller than prescribed by this title and the applicable final plat or plan.

G.

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 title.

H.

Removing, Defacing, or Obscuring Notice: To remove, deface, obscure, or otherwise interfere with any notice required by this title.

I.

Continuing Violation: To continue any of the above violations. Each day a violation occurs after a citation is issued shall constitute a separate offense.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

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:

A.

Withhold Permits: The city may deny or withhold any permit, certificate, or other form of authorization pertaining to any land or improvements when an uncorrected violation exists on such land 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, 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.

B.

Revoke Permits: A 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 title is being violated.

1.

Written notice of such revocation shall 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, 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.

a.

When plans are in conflict with an ordinance, resolution, regulation, or other applicable requirement, 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.

b.

When construction has progressed to a stage where compliance would require substantial alteration of construction in place, the owner shall meet with the mayor to negotiate possible changes in the plans which would more nearly conform to applicable requirements.

c.

When a mistake has been made calculating the fee for any permit, the proper fee shall be charged.

C.

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 title or permit or other form of authorization issued hereunder.

D.

Revoke Plan or Other Approvals: Where a violation of this title 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.

E.

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.

F.

Injunctive Relief: The city may seek an injunction or other equitable relief in the district court to stop any violation of this title, or a permit, certificate, or other form of authorization granted hereunder. The city need only to establish a violation of this title to obtain an injunction.

G.

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.

H.

Penalty: Any person violating, causing or permitting a violation of the provisions of this title 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, after a citation is issued, during which any portion of any violation of this title is committed, continues, or permitted by such person. Violation of any of the provisions of this title shall upon conviction be punishable as a class C misdemeanor.

I.

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.

J.

Remedies Cumulative: These remedies shall be cumulative.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

It shall be an affirmative defense to the enforcement of the provisions of this title that the action complained of is a legally nonconforming lot or use, noncomplying structure, or other nonconformity as set forth in chapter 6 of this title. The property owner shall have the burden of establishing that a nonconforming lot, use or noncomplying structure lawfully exists under this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

The Zoning Administrator and or other City Official may, when there is a probable cause to believe the construction has occurred in violation of this code, issue a citation, and swear out criminal complaints against the appropriate individuals and/or entity.

Any person, partnership, corporation, or other body, whether acting as principal agent, employee, or otherwise, who violates or causes the violation of any of the provisions of this Title, or fails or refuses to do some act required under this Title, shall be guilty of a Class C misdemeanor and upon conviction thereof shall be punished by a fine or by imprisonment not to exceed the limit set forth in Utah State law. Such person, firm, or corporation shall be deemed to be guilty of a separate offense each and every day during which any portion of any violation of this Title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

A.

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 title.

B.

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 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.

C.

Violation: The zoning administrator shall investigate any purported violation of this title.

D.

Interference with Enforcement Personnel: It shall be unlawful for any person to interfere with lawful enforcement activities.

E.

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, known to the city, 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.

F.

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 subsection E of this section simultaneously with the beginning of enforcement action.

G.

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 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 title.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2024-07, § 1 (Att.), 8-14-2024)

A.

Utah Law: In addition to the enforcement powers specified in this chapter, the city may exercise any enforcement powers granted by Utah law.

B.

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.

(Adopted by Ord. 2007-02 on 7/11/2007)

Any person adversely affected by a decision of the zoning administrator or other official enforcing the provisions of this chapter may appeal for relief therefrom to the hearing officer as provided in this title.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)