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Santa Clara City Zoning Code

CHAPTER 17

10 ENFORCEMENT

17.10.010: PURPOSE AND INTENT:

It is the purpose of this chapter to provide for the enforcement of this title which shall include penalties for criminal and civil violations. (Ord. 2002-24 § 2)

17.10.020: APPLICABILITY:

The provisions established herein shall apply to all lands within the civil jurisdiction of Santa Clara City, Utah. Where there is conflict between the terms and/or requirements contained in this section and any other section contained in this chapter, as amended, or any other ordinance, code, regulation of Santa Clara City, Utah, the more strict shall apply. (Ord. 2002-24 § 2)

17.10.030: ENFORCING OFFICER:

The building official shall have the authority and the duty to ensure that all buildings and structures and use of all land complies with the provisions of this title. (Ord. 2002-24 § 2)

17.10.040: GENERAL PROVISIONS:

   A.   Any building or structure erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or the provisions of any approval granted by the city under this chapter shall be a violation of this chapter and the same declared to be unlawful.
   B.   Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of the provisions of this chapter or provisions of any approval granted by the city under this chapter shall be subject to the enforcement provisions of this chapter.
   C.   In addition to the remedies provided in this chapter, the building official may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful building, structure or use.
   D.   If the person responsible for the alleged violation denies that a violation exists, he may appeal the decision of the building official pursuant to the provisions of chapter 17.16, "Land Use Authority", of this title.
   E.   Whenever a violation occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the building official. The building official shall record such complaint, investigate, and take action thereon as provided by this chapter. (Ord. 2006-02: Ord. 2002-24 § 2)

17.10.050: DISPOSAL OF VIOLATIONS:

If the building official concludes there exists an objectionable condition in violation of this title, than he or she shall:
   A.   Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist;
   B.   Serve notice in writing upon the owner and occupant of the premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the same within such time as the inspector may designate, provided that any person notified pursuant to this subsection shall be given not more than thirty (30) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition or make an appeal with the city's land use authority. The notice shall:
      1.   Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
      2.   Inform the owner, occupant or other person that in the event he or she disagrees with the determination of the inspector and does not comply with the provisions of the notice or that he or she objects to the factual or legal basis for the notice, he or she may appeal the administrative finding to the land use authority per the requirements found in chapter 17.16, "Land Use Authority", of this title.
      3.   Inform the person that in the event he or she lulls or neglects to correct the objectionable condition, the building official will issue a citation per section 17.04.140 of this title and chapter 1.16 of this code.
   C.   In the event the owner or occupant makes such request for an appeal or to the expiration of the time allowed to mitigate the noted infraction on the notice served, the appeal stays all proceedings in furtherance of the action appealed from as noted in section 17.16.040 of this title. (Ord. 2006-02: Ord. 2002-24 § 2)