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Nephi City Zoning Code

10.23 Enforcement

And Penalties

10.23.1 Conformance To Provisions

All department officials and public employees of the city who are 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 uses, buildings or purposes in conflict with the provisions of this title, and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

10.23.2 Enforcement

The administrator, as defined in section 10-3-6 of this title, is hereby designated and authorized to administer and enforce this title. The city attorney, police department and other city employees shall also be charged with enforcement of the provisions of this title. The administrator shall enforce all provisions of this title, entering actions in the court when necessary, and failure to do so shall not legalize any violation of such provisions.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

10.23.3 Inspections

  1.  Authorized: The administrator is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification and repair, and to inspect land uses to determine compliance with the provisions of this title; provided, however, that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of any building or structure.
  2. Right To Enter: The administrator or any employee of the city who is authorized to represent the city shall have the right to enter upon land or building for the purpose of determining the use thereof, or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at a reasonable hour and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

10.23.4 Nuisance And Abatement

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted or maintained contrary to the provisions of this title, shall be, and the same hereby is declared to be unlawful and a public nuisance, and the city attorney shall, upon request of the legislative body, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take other steps and shall apply to such courts 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 erecting, building, maintaining or using any such building or structure, or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

10.23.5 Penalties

Any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title, shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. Such person, firm or corporation shall be deemed to be guilty of a separate offense for 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.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. 2007 Code; Ord. 09-21-2021-A, 9-21-2021