Santa Clara City Zoning Code
TITLE 4
ADMINISTRATIVE CODE ENFORCEMENT
4.01.010: SHORT TITLE:
This title shall be known as the ADMINISTRATIVE CODE ENFORCEMENT PROGRAM, the ACE PROGRAM, or TITLE 4 OF THE SANTA CLARA CITY MUNICIPAL CODE. It may be cited and pleaded under any such designation. (Ord. 2023-01)
4.01.020: DECLARATION OF PURPOSE:
The city council finds that the enforcement of the city code and applicable state codes throughout the city is an important public service. Code enforcement is vital to the protection of the public health, safety, and quality of life. The city council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative code enforcement hearings and judicial proceedings. The city council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with these regulations. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to gain compliance. (Ord. 2023-01)
4.01.030: SCOPE:
The provisions of this title may be applied to all violations of the city code or applicable state codes which occur within the city. It has been designed as an additional remedy for the city to use in achieving compliance with such codes. (Ord. 2023-01)
4.01.040: EXISTING LAW CONTINUED:
The provisions of this title shall 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. (Ord. 2023-01)
4.01.050: CRIMINAL PROSECUTION RIGHT:
The city has sole discretion in deciding whether to file a civil or criminal case for the violation of any of its ordinances. The city may choose to file both, or one or the other. The enactment of this administrative remedy shall in no way interfere with the city's right to prosecute city ordinance violations as criminal offenses. The city may use any of the remedies available under the law in both civil and criminal prosecution. If the city chooses to file both civil and criminal charges for the same day of violation, no civil penalties may be assessed, but all other remedies are available. (Ord. 2023-01)
4.01.060: EFFECT OF HEADINGS:
Title, chapter, part, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, part, or section hereof. (Ord. 2023-01)
4.01.070: SEVERABILITY:
If any section, subsection, sentence, clause, phrase, portion, or provision of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have adopted this title and each section, subsection, sentence, clause, phrase, portion, or provision thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments heretofore or hereafter made to this title. (Ord. 2023-01)
4.01.080: NO MANDATORY DUTY; CIVIL LIABILITY:
It is the intent of the city council that 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 his or her directed duty or duties. (Ord. 2023-01)
4.01.090: GENERAL RULE OF INTERPRETATION OF ORDINANCE:
A. For purposes of this title:
1. Any gender includes the other gender.
2. "Shall" is mandatory; "may" is permissive.
3. The singular number includes the plural, and the plural the singular.
4. Words used in the present tense include the past and future tense, and vice versa.
5. Words and phrases used in this title and not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2023-01)
4.01.100: DEFINITIONS APPLICABLE TO TITLE:
The following words and phrases, whenever used in this title, shall be constructed as defined in this section, unless a different meaning is specifically stated to apply:
ABATEMENT: | Any action the city may take, or cause a responsible person to take, on public or private property as may be necessary to remove or correct a violation, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property. |
ADMINISTRATIVE CODE ENFORCEMENT HEARING PROGRAM ADMINISTRATOR OR ACE ADMINISTRATOR: | Any person authorized by the city to supervise, administer the administrative code enforcement hearing program, and enforce violations of the city code or applicable state codes. |
ADMINISTRATIVE CODE ENFORCEMENT ORDER: | An order issued by an administrative law judge. 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 title and applicable state codes. |
ADMINISTRATIVE LAW JUDGE: | The administrative law judge appointed by the mayor and city council to preside over the administrative code enforcement hearings established herein. |
CITY: | Santa Clara City, a Utah municipal corporation, and the area within the territorial city limits of the city, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or incorporation provisions or any law. |
CITY CODE: | The Santa Clara municipal code or other codes of Santa Clara City. |
CITY COUNCIL: | The city council of Santa Clara City. |
CODE ENFORCEMENT PERFORMANCE BOND: | A bond posted by a responsible person to ensure compliance with city code, applicable state codes, a judicial action, or an administrative code enforcement order. |
CODE ENFORCEMENT TAX LIEN: | A lien recorded to collect outstanding civil penalties, administrative fees, and abatement costs. |
CONSOLIDATED FEE SCHEDULE: | The fee schedule adopted by the city council that sets forth civil penalties and costs applicable to enforcement of this title. The consolidated fee schedule is on file in the office of the city recorder. |
ENFORCEMENT OFFICIAL: | Any person authorized to enforce violations of the city code or applicable state codes. |
FINANCIAL INSTITUTION: | Any person that holds a recorded mortgage or deed of trust on a property. |
GOOD CAUSE: | 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. |
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 Washington County recorder's office. |
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 SATISFACTION: | A document or form approved by the administrative law judge or his or her designee, which indicates that all outstanding civil penalties and costs have been either paid in full, or that the city has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt. In addition to the satisfaction of the financial debt, the property must also be in compliance 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 code violations and orders the responsible person to take certain steps to correct the violations. |
OATH: | Includes affirmations and oaths. |
PERSON: | Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties. |
PROPERTY OWNER: | The record owner of real property based on the county assessor's records. |
PUBLIC NUISANCE: | Any condition caused, maintained, or permitted to exist that constitutes a threat to the public health, safety, and welfare, or that significantly obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons. A "public nuisance" also has the same meaning as set forth in Utah Code Annotated and this code. |
RESPONSIBLE PERSON: | A person who is responsible for causing or maintaining a violation of the city code or applicable state codes. The property owner, tenant, person with a legal interest in the real property, or person in possession of the real property shall be liable for any violation maintained on the property. In all cases, the property owner shall be considered a "responsible person". |
WRITTEN: | Includes handwritten, typewritten, photocopied, computer printed or facsimile. (Ord. 2023-01) |
4.01.110: ACTS INCLUDE CAUSING, AIDING AND ABETTING:
Whenever any act or omission is made unlawful in this title, it shall include causing, permitting, aiding, or abetting such act or omission. (Ord. 2023-01)
4.01.120: SERVICE OF PROCESS:
A. Whenever service is required to be given under this title for enforcement purposes, the document shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:
1. Personal service.
2. Regular mail, postage prepaid, to the last known address of the owner or other responsible person.
3. Posting the notice conspicuously on or in front of the property. If not inhabited, the notice must also be mailed as in subsection A2 of this section. The form of the posted notice shall be approved by the ACE administrator or his or her designee; or
4. Published in a newspaper of general circulation where the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process.
B. Service by regular mail in the manner described above shall be deemed served on the fifth day after the date of mailing.
C. If service complies with the requirements of this section, it shall be deemed a valid service even if a party claims not to have received the service and it shall not affect the validity of any proceedings taken under this title.
D. The failure to serve all responsible persons shall not affect the validity of any proceedings. (Ord. 2023-01)
4.01.130: CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS:
Whenever a document is recorded with the Washington County recorder as authorized or required by this title or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents. (Ord. 2023-01)
4.01.140: GENERAL ENFORCEMENT AUTHORITY:
Whenever the ACE administrator or any enforcement official finds that a violation of the city code or applicable state codes has occurred or continues to exist, the appropriate administrative enforcement procedure may be used as outlined in this title. The ACE administrator or enforcement official has the authority and power necessary to gain compliance with the provisions of the city code and applicable state codes. 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 the city code or applicable state codes. (Ord. 2023-01)
4.01.150: ADOPTION OF POLICY AND PROCEDURES:
The administrative law judge 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 hearings program. (Ord. 2023-01)
4.01.160: 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. Failure to obey a subpoena constitutes contempt and may be prosecuted as a class B misdemeanor. (Ord. 2023-01)