A.   Compliance Required: All department officials and public employees of the city 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.

   B.   Enforcement Officers; Duties: It shall be the duty of the chief building official, the planning commission, zoning administrator and the police chief, and all other applicable city officers and employees subordinate thereto, to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. Each enforcement officer may, within the scope of the officer's duties, enter onto a property, investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures and provisions set forth in this chapter.

   C.   Violations: In the event any provision of this title is violated or is intended to be violated, an enforcement officer may do one or more of the following:

      1.   Notify (using methods reasonable under the circumstances and if notification does not hinder the effective enforcement of the provisions of this title) the owner, tenant, lessee, occupant, architect, builder, contractor, agent, or other person who is responsible for the violation, to comply with the provisions of this title and if the same is not done in a reasonable period of time, to cause a citation to be issued for the violation;

      2.   Issue a citation for the violation of any provision of this title to any person responsible for the violation, which may include, but is not limited to, the owner, tenant, lessee, occupant, architect, builder, contractor, agent, or other person who is responsible for the violation of any provision of this title; or

      3.   Use any other legal or lawful means allowed by law for the enforcement of any provision of this title. (Ord. 2000-23, 7-18-2000)

   D.   Misdemeanor: Violation of any provision of this title or failure to comply with any of its requirements shall be punishable as a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   A.   Purpose: The purpose of this chapter is to provide a means for timely abatement of code enforcement violations in order to protect the health and safety of the public, to foster neighborhood stability, to preserve the appearance, character and beauty of neighborhoods, to encourage community pride, to preserve the value of property, and to protect the general welfare of the city and its citizens, businesses and visitors. This chapter provides for progressive enforcement measures to abate violations; the most aggressive forms of enforcement are generally reserved for the most recalcitrant violators.

   B.   Applicability: The provisions of this chapter may be applied to any violation of this code.

   C.   Existing Law Continued: The provisions of this chapter do not invalidate any other title or ordinance, but shall be read in conjunction with those titles and ordinances as an additional remedy available for enforcement of those ordinances.

   D.   Nonexclusive Remedies: Notwithstanding anything contained to the contrary, the city may proceed pursuant to Utah Code Annotated sections 10-11-1 through 10-11-4 without complying with any of the provisions of this chapter. In addition, the city may take any or all of the remedies identified in this code (administrative, civil or criminal) to abate a violation and/or to punish any person or entity who creates, causes or allows a violation to exist. The abatement of a nuisance does not prejudice the right of the city or any person to recover damages or penalties for its past existence.

   E.   No Mandatory Duty; Civil Liability: In establishing performance standards or establishing an obligation to act by a city officer or employee, these standards shall not be construed as creating a mandatory duty for purposes of tort liability if the officer or employee fails to perform directed duty or duties.

   F.   Responsibility For Nuisances: The responsible person is responsible for abating nuisances pursuant to this chapter. Any person, whether as owner, agent or occupant, who creates, aids in creating, or contributes to a nuisance, or who supports, continues or retains a nuisance, is responsible for the nuisance and is a "responsible person" pursuant to this chapter. Every successive owner or tenant of a property or premises who fails to abate a continuing nuisance upon or in the use of such property or premises caused by a former owner or tenant is a responsible person and is therefore responsible in the same manner as the one who first created the nuisance.

   G.   Service Of Process:

      1.   Whenever service is required to be given under this chapter for enforcement purposes, the document shall be served by one of the methods of service provided for in the Utah rules of civil procedure.

      2.   The failure to serve all responsible persons shall not affect the validity of any proceedings.

   H.   Constructive Notice Of Recorded Documents: Whenever a document is recorded with the county recorder as authorized or required by this chapter or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.

   I.   General Enforcement Authority: Whenever an enforcement official finds that a violation of this code has occurred or continues to exist, the appropriate administrative enforcement procedure may be used as outlined in this chapter. The director, or any designated enforcement official, has the authority necessary to gain compliance with the provisions of this code. These powers include the power to issue notices of violation and administrative citations, inspect public and private property, abate public and private property, and use whatever judicial and administrative remedies are available under this code.

   J.   Adoption Of Policy And Procedures: The hearing officer is authorized to develop policies and procedures relating to the hearing procedures, scope of hearings, subpoena powers, and other matters relating to the administrative code enforcement program. The policy and procedures shall be approved by the city council.

   K.   Authority To Inspect: All inspections, entries, examinations and surveys shall be done in a reasonable manner based upon cause. If the responsible person refuses to allow the enforcement official to enter the property and the violation is not visible from an adjacent property, the enforcement official shall obtain a search warrant.

   L.   False Information Or Refusal Prohibited: It shall be unlawful for any person to wilfully make a false statement or refuse to give his or her name or address with intent to deceive or interfere with an enforcement official who is enforcing the provisions of this chapter.

   M.   Failure To Obey Subpoena: It is unlawful for any person to refuse or fail to obey a subpoena issued for an administrative code enforcement hearing.

   N.   Recovery Of Costs: The city shall be authorized to recover all associated costs, fines, penalties, etc., following whatever legal means necessary. (Ord. 2010-14, 9-21-2010)

For purposes of this chapter, certain words and terms are defined as set forth in this section. Words used in the present tense include the future; the singular number includes the plural and the plural the singular. Shall is mandatory and may is permissive; any gender includes the other gender.

ABATEMENT: To repair, replace, remove, destroy, correct or otherwise remedy a condition which constitutes a violation of this code by such means, in such a manner and to such an extent as the city designated representative determines is necessary in the interest of the general health, safety and welfare of the community.

ADMINISTRATIVE CODE ENFORCEMENT ORDER: An order issued by a hearing officer. The order may include an order to abate the violation, pay civil penalties and administrative costs, or take any other action as authorized or required by this chapter and applicable state codes.

CODE ENFORCEMENT PERFORMANCE BOND: A bond posted by a responsible person to ensure compliance with this code, applicable state titles, a judicial action, or an administrative code enforcement order.

DIRECTOR: The city community development director or designee.

ENFORCEMENT OFFICIAL: Any person authorized to enforce violations of this code or applicable state codes.

GOOD CAUSE: An incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; and acts of nature adverse to performing required acts.

HEARING OFFICER: An administrative law judge who presides over an administrative hearing.

IMMINENT LIFE SAFETY HAZARD: Any condition that creates a present, extreme and immediate danger to life, property, health or public safety.

LEGAL INTEREST: Any interest that is represented by a document, such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien, or other similar instrument that is recorded with the county recorder.

NOTICE OF COMPLIANCE: A document issued by the city, representing that a property complies with the requirements outlined in the notice of violation.

NOTICE OF VIOLATION: A written notice prepared by an enforcement official that informs a responsible person of violations and orders them to take certain steps to correct the violations.

PROPERTY OWNER: The owner of record of real property based on the county assessor records.

RESPONSIBLE PERSON: A person who is responsible for causing or maintaining a violation of this code or applicable state code. The property owner, tenant, business, person with a legal interest in the real property, or person in possession of the real property may be considered a "responsible person". In all cases, the property owner shall be considered a "responsible person".

WRITTEN: Any handwritten, typewritten, photocopied or computer printed communication. (Ord. 2010-14, 9-21-2010)

   A.   Purpose: The purpose of this section is to establish uniform procedures for administrative code enforcement hearings conducted pursuant to this code. It is the purpose of this section to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes notice, an opportunity to participate in the administrative hearing, and an explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative code enforcement action.

   B.   Request For Administrative Code Enforcement Hearing:

      1.   A person served with one of the following documents or notices has the right to request an administrative code enforcement hearing, if the request is filed within ten (10) calendar days from the date of service of a:

         a.   Notice of violation;

         b.   Administrative citation;

         c.   Notice of emergency abatement.

      2.   The request for hearing shall be made in writing and filed with the hearing officer. The request shall contain the case number, the address of the violation, and the signature of the person requesting the hearing.

      3.   As soon as practicable after receiving the written notice of the request for hearing, the hearing officer shall schedule a date, time and place for the hearing and notify the person requesting the hearing.

      4.   Failure to request a hearing within ten (10) calendar days as provided in this subsection shall constitute a waiver of the right to a hearing and a waiver of the right to challenge the action.

   C.   Default Hearings, Orders And Relief From Orders:

      1.   If a person served with one of the documents in subsection B of this section fails to request a hearing within ten (10) days of the date of service, the case shall be set for a default hearing. The hearing officer shall schedule a default hearing. The person served with one of the documents in subsection B of this section shall be notified of the date, time and place of the hearing by one of the methods listed in this chapter.

      2.   A default hearing shall be held for all cases that have outstanding or unpaid civil penalties, fines, fees and/or costs due to the city before collection, if a hearing on that case has not already been held.

      3.   On motion and upon such terms as are just, the hearing officer may set aside an order obtained pursuant to this chapter for the following reasons:

         a.   Mistake, inadvertence, surprise or excusable neglect;

         b.   Newly discovered evidence which by due diligence could not have been discovered in time for a new hearing;

         c.   Fraud, misrepresentation, or other misconduct of an adverse party;

         d.   The order is void;

         e.   The order has been satisfied, released or discharged, or a prior order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application;

         f.   Any other reason justifying relief from the operation of order.

      4.   If the evidence shows that the violations exist or existed after the deadline on any notice, the hearing officer shall enter an order requiring abatement of the violations, and the payment of all fines and fees. Fines shall run until the city issues a notice of compliance stating when the violations were actually abated.

   D.   Notification Of Administrative Code Enforcement Hearing:

      1.   Notice of the day, time and place of the hearing shall be served to a responsible person at least ten (10) days prior to the date of the hearing.

      2.   The notice of hearing shall be served by any of the methods of service listed in this chapter.

   E.   Appointment, Qualifications And Disqualification Of Hearing Officer:

      1.   The mayor, with the advice and consent of the city council, shall appoint a hearing officer to preside at administrative enforcement hearings.

      2.   The hearing officer may be removed by the mayor.

   F.   Powers Of Hearing Officer:

      1.   The hearing officer has the authority to hold hearings, determine if violations of city ordinances exist, order compliance with city ordinances, and enforce compliance as provided in this chapter on any matter subject to the provisions of this chapter.

      2.   A hearing officer may, for good cause shown by one of the parties or if the hearing examiner independently determines that due process has not been adequately afforded to such party, continue a hearing.

      3.   The hearing officer, at the request of any party to the hearing, may sign subpoenas for witnesses, documents and other evidence where the attendance of the witness for the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The hearing officer shall develop policies and procedures relating to the issuance of subpoenas in administrative code enforcement hearings, including the form of the subpoena and related costs.

      4.   The hearing officer has continuing jurisdiction over the subject matter of an administrative code enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an administrative code enforcement order using any remedies available under the law; ensuring compliance of that order, which includes the right to authorize the city to enter and abate a violation; modifying an administrative code enforcement order; or, where extraordinary circumstances exist, granting a new hearing.

      5.   The hearing officer has the authority to require a responsible person to post a code enforcement bond to ensure compliance with an administrative code enforcement order.

      6.   A hearing officer shall not make determinations as to the existence of a nonconforming structure or use. If a responsible person claims such a right as a defense, the hearing official shall not continue and refer the matter to the appeals authority for a determination as to the existence of the nonconforming structure or use. The appeals authority's decision shall be binding on the hearing officer. The responsible person shall bear the costs of the referral to the appeals authority.

   G.   Procedures At Administrative Code Enforcement Hearing:

      1.   Hearings shall be conducted with appropriate formality and decorum so that due process rights are protected. Utah rules of evidence and rules of civil procedure are used as guidelines, but need not be strictly followed or applied. Rules of evidence regarding authorization, foundation, hearsay or relevance need not be strictly applied.

      2.   The city bears the burden of proceeding and proof at an administrative code enforcement hearing to establish the existence of a violation of this code or applicable state codes.

      3.   The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is whether the preponderance of the evidence shows that the violations exist.

      4.   All administrative enforcement hearings shall be open to the public and shall be recorded.

      5.   The responsible person has a right to be represented by an attorney.

   H.   Failure To Attend Administrative Code Enforcement Hearing: Any party whose property or actions are the subject of any administrative code enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing, and will result in a default judgment for the city; provided, that proper notice of the hearing has been provided and the violation has been properly documented.

   I.   Administrative Code Enforcement Order:

      1.   The parties may enter into a stipulated agreement, which must be signed by both parties. This agreement shall be entered as the administrative code enforcement order. Entry of this agreement shall constitute a waiver of the right to a hearing and the right to appeal.

      2.   Once all evidence and testimony are completed, the hearing officer shall issue an administrative code enforcement order that affirms, modifies or rejects the notice or citation. The hearing officer may increase or decrease the total amount of civil penalties and costs that are due pursuant to the procedures in this chapter.

      3.   The hearing officer may order the city to enter the property and abate all violations, which may include removing animals kept in violation of this code.

      4.   The hearing officer may revoke any animal permit, an animal license, or the right to possess animals as provided in this code.

      5.   As part of an administrative enforcement order, a hearing examiner may establish specific deadlines for the payment of fees and costs, and condition the total or partial assessment of civil fees on the responsible person's ability to take necessary corrective actions by the specified deadlines.

      6.   The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative code enforcement order.

      7.   The hearing officer may order the responsible person to post a bond to ensure compliance with the order.

      8.   The administrative code enforcement order shall become final on the date of the signing of the order.

      9.   The administrative code enforcement order shall be served on all parties by any one of the methods listed in this chapter.

   J.   Failure To Appear At Administrative Code Enforcement Hearing: A responsible person who fails to appear at an administrative enforcement 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 this chapter. (Ord. 2010-14, 9-21-2010)

Any person adversely affected by an administrative enforcement order of any other provision of this chapter may petition the fourth district court of Utah County for relief as provided in Utah Code Annotated section 10-3-703.7. (Ord. 2010-14, 9-21-2010)

Any building or structure set up, erected, constructed or altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building or premises established, shall be, and the same hereby is declared to be, unlawful and a public nuisance; and the city may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may 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 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. (Ord. 2000-23, 7-18-2000; amd. Ord. 2010-14, 9-21-2010)

   A.   Guarantee Of Performance: In situations where total compliance with this title may be delayed or made impossible as a result of such factors as extreme weather, inability to obtain certain materials, or other factors which are not within the control of the builder or owner of the premises, and where the ordinances have been sufficiently complied with, and health and safety factors have been met, the community development director is hereby authorized to allow temporary occupancy subject to the following conditions: That the owner, his agent or the building contractor responsible for the project give in writing a guarantee of performance, including specifics as to the work to be done, the time within which it will be completed, estimated cost of completion and other reasonable data as may be required.

   B.   Performance Bond: Temporary occupancy or utilization of the premises will be allowed upon posting with the city a performance bond in the time and manner otherwise described in this title.

   C.   Use Of Bond By City: If the totality of compliance has not been achieved within the time period set in written document, the city shall, by this title and by the written agreement, be authorized to utilize the performance bond for the purpose of completion of the project.

   D.   Extension: The community development director is authorized to extend the period set in written document for good cause shown, not to exceed sixty (60) days beyond the date thereof, which extension shall be required to be appended to the original agreement in writing and will not otherwise be recognized by the city.

   E.   Building Permits: Where reasonably necessary, in the opinion of the community development director, to assure performance, a performance bond may be required as a condition of issuance of a building permit. Such bond shall be posted in the time and manner otherwise required by the provisions of this title. (Ord. 2000-23, 7-18-2000; amd. Ord. 2010-14, 9-21-2010)