Section 228 - Administrative hearings and procedures -- Penalty for code violation.

UT Code § 17-53-228 (2019) (N/A)
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(1) A county may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following: (a) a building code; (b) planning and zoning; (c) animal control; (d) licensing; (e) health and safety; (f) county employment; or (g) sanitation.

(a) a building code;

(b) planning and zoning;

(c) animal control;

(d) licensing;

(e) health and safety;

(f) county employment; or

(g) sanitation.

(2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing.

(3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge.

(4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance.

(5) (a) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county 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 county 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 county 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 county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county 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 county 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 county 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.