Section 703.7 - Administrative proceedings -- Penalty for code violation.

UT Code § 10-3-703.7 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance.

(2) An ordinance adopted in accordance with Subsection (1) shall provide due process for parties participating in the administrative proceeding.

(3) (a) A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality provides to the individual who is subject to the penalty written notice that: (i) identifies the relevant regulation or ordinance at issue; (ii) specifies the violation of the relevant regulation or ordinance; and (iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation. (b) A municipality may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the municipality imposed the outstanding or pending penalty in relation to a written notice that: (i) identified the relevant regulation or ordinance at issue; (ii) specified the violation of the relevant regulation or ordinance; and (iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.

(a) A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality provides to the individual who is subject to the penalty written notice that: (i) identifies the relevant regulation or ordinance at issue; (ii) specifies the violation of the relevant regulation or ordinance; and (iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.

(i) identifies the relevant regulation or ordinance at issue;

(ii) specifies the violation of the relevant regulation or ordinance; and

(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.

(b) A municipality may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the municipality imposed the outstanding or pending penalty in relation to a written notice that: (i) identified the relevant regulation or ordinance at issue; (ii) specified the violation of the relevant regulation or ordinance; and (iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.

(i) identified the relevant regulation or ordinance at issue;

(ii) specified the violation of the relevant regulation or ordinance; and

(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.