This chapter establishes procedures, remedies, and penalties for violations of this title and the subdivision ordinance, and provides for enforcement.

A.

The county, or an adversely affected owner of real estate within the county, in which violations of this title or the subdivision ordinance are occurring, or are about to occur, may, in addition to other remedies provided by law, institute:

1.

Injunctions, mandamus, abatement, or any other appropriate actions; or

2.

Proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.

B.

The county need only establish the violation to obtain the injunction.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The county may enforce this title, or the subdivision ordinance, by withholding building permits.

B.

If a building permit is required by this title or the subdivision ordinance it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the county without the approval of such building permit.

C.

If a building permit is required by the building codes, the county shall not issue a building permit unless the plans for the proposed construction, reconstruction, alteration, or use fully conform and comply with this title, the subdivision ordinance, and the building codes.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

It shall be unlawful for any person to violate any provision of this title or the subdivision ordinance, cause the violation of a provision or fail or refuse to do some act required by this title or the subdivision ordinance, including:

A.

To engage in any development, use, construction, remodeling, or other activity upon the land and improvements requiring land use application approvals or building permit(s).

B.

To reduce or diminish any lot or parcel area so that minimum area, setbacks or open spaces shall be smaller than required by this title or for subdivision application approval.

C.

To increase the density or intensity of use of any land or a structure requiring necessary land use application approval.

D.

To remove, deface, obscure, or otherwise interfere with any notice required by this title, or the subdivision ordinance.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

It shall be an affirmative defense to the enforcement of this title and the subdivision ordinance that the violation being enforced exists as a legal nonconforming use, legal noncomplying structure or other legal nonconformity of this title or the subdivision ordinance.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

A land use authority may revoke a land use application approval if approval was based on inaccurate, misleading, or incomplete information provided by the property owner or applicant.

B.

The land use authority may revoke an approved land use application if the requirements, terms or conditions of approval are not met.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Prior to initiating enforcement proceedings or criminal prosecution as provided for in this chapter, the zoning administrator or designee shall provide written notice, by mail or hand delivery, of each violation of this title or the subdivision ordinance to the owner of record, on file in the county recorder's office, or to the person designated, in writing, by the owner of record as the owner's agent.

B.

The owner of record shall be allowed a set number of calendar days, as determined by the zoning administrator or designee, to cure the violation, as noticed in accordance with Subsection A. of this section.

C.

The zoning administrator may extend the period to cure the noticed violation, to a date certain, if evidence is presented that the owner of record is proceeding with reasonableness and compelling reasons exist for such extension.

D.

Following the expiration of the period to cure a noticed violation the land use authority may revoke an approved land use application, if the land use authority finds that one or more of the following exist:

1.

The land use application approval was obtained in a fraudulent manner.

2.

One or more of the requirements, terms or conditions of the land use application approval has not been met.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

In accordance with its power to stop work under the building code, as adopted, the building official may issue a stop work order, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of the adopted building code.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

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 unlawful and a public nuisance, and the county attorney may immediately commence action or proceedings for the abatement and removal and enjoyment 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 in this title shall be cumulative and not exclusive. The party violating this title shall pay all costs and attorney fees incurred by the county in enforcing this title or the subdivision ordinance.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

Nothing herein shall prevent the board of county commissioners or any other land use authority, public official or private citizen from taking such other lawful action as is necessary to prevent or correct any violation of this title or of the Utah State Code. The following are available to enforce compliance with the provisions of this title:

A.

Criminal Action. See Section 17.21.080 of this chapter.

B.

Recording a Certificate of Noncompliant Building or Structure. The board of county commissioners may cause to be recorded, with the Uintah County Recorder, a certificate of noncompliant building or structure only after the following actions have been taken:

1.

A Uintah County Compliance Inspections Report, listing the items that are not in compliance, has been left in a conspicuous location at the building site or given directly to the owner.

2.

A Uintah County Code Violation (red tag), listing the items in violation, has been left in a conspicuous location at the building site or given directly to the owner.

3.

A letter of notice and order has been served upon the owner of record of the property in violation. The notice and order may be served upon the owner of record in one of the following ways: 1) Certified mail, or 2) Delivered directly to the owner of record by an employee of Uintah County. When the notice and order is delivered by a Uintah County employee, said employee must certify in writing the time and date of delivery. The notice and order must include: an address and tax id number for the affected parcel, a list of the violations, what actions must be taken to correct the violations, a date, of not less than ten days from the date of the notice, for the violations to be corrected, and the name and contact information of the building official.

If the property owner has not corrected the violations within the time limit stated in the notice and order the matter will be taken before the Uintah County Board of Commissioners for a decision on the recording of the certificate of noncompliant building or structure. The owner of record shall be notified of the time and date of the county commission meeting a minimum of three days prior to the date of the meeting. When the violations have been corrected or the building has been demolished so that it no longer exists on the property, the building official shall record a new certificate with the county recorder certifying that the building has been demolished or all stipulated violations have been corrected, and that the building is found to be compliant.

C.

Civil Action. The county may also take the following civil actions:

1.

Seek an injunction from a court having jurisdiction.

2.

Impose a civil fine as set forth in the currently adopted fee schedule. If the violation remains uncured within the time specified by the zoning administrator or designee, the civil fines shall start and accrue back to the date the violation was noticed.

3.

The civil fines for starting work without a permit and code violations, investigation/red tags may be waived or reduced by the zoning administrator based upon the cooperation of the offending party. The zoning administrator reserves the right to refer any fee reduction or waiver decision on to the BOCC.

D.

In cases where the zoning administrator or building official determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this land use ordinance, the zoning administrator may seek immediate enforcement without prior written notice by instituting any of the remedies, other than civil fines, authorized by this title or the Act.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

In addition to other enforcement mechanisms provided for in this chapter, a violation of any of the provisions of this title or the subdivision ordinance is punishable as a class B misdemeanor. A separate violation is deemed to have occurred with respect to each use, building or structure not in compliance with this chapter. Further, each day such violation continues constitutes a separate offense.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

Any person aggrieved by the enforcement decision of a land use authority may appeal the decision to the appeal authority, as identified by Chapter 17.13 of this title.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)