Chapter 1.20
UNAUTHORIZED USE OF LAND

Sections:

1.20.010    Unauthorized use of land – Civil penalty.

1.20.010 Unauthorized use of land – Civil penalty.

(1) Any person using land located within the boundaries of Naples City in violation of the zoning and planning, subdivision, business license, or building ordinances of said city is declared to be engaging in the unauthorized use of land.

(2) Any person engaging in the unauthorized use of land within the city shall be liable for a civil penalty. Any civil penalty assessed may be in addition to such other penalties as may be provided by this code or the statutes of the state of Utah.

(3) Each day that a person engages in the unauthorized use of land within Naples City constitutes a separate offense and shall be subject to a separate and additional civil penalty for each day that the violation continues.

(4) The civil penalty shall be imposed as follows:

The penalty fee for each day is $100.00.

(5) The civil penalty specified in this chapter shall be subject to the following:

(a) Any penalty that is paid within five days of the receipt of notice of the penalty shall be reduced by the sum of $75.00.

(b) Any penalty that is paid within 10 days from date of receipt of notice shall be reduced by the sum of $50.00.

(c) Any penalty that is paid within 15 days from date of receipt of notice shall be reduced by the sum of $25.00.

(6) As used in this chapter, “receipt of notice” means the affixing of a notice to the property or structure which is in violation of this code or the delivery of such notice to the owner or occupant thereof.

(7) Whenever any property shall be used in a manner in violation of this code, the person in whose name such property is listed on the records of Uintah County shall be liable for such unauthorized use and the penalty therefor.

(8) If the civil penalty is not paid within 30 days after issuance of a notice of violation, the city recorder shall mail a copy of the notice of violation by certified mail to the address of the owner of the real property shown on the official records of Uintah County.

(9) If the civil penalty is not paid within 30 days, the full amount of the civil penalty shall be immediately due and payable and the city may exercise any and all legal remedies, including filing an action in the courts to obtain a judgment for the assessed civil penalties. The imposition by the city from time to time of civil penalties shall not prevent the city from applying to the court for injunctive relief, nor shall the assessment of a civil penalty preclude prosecution for any criminal offense committed by any person in Naples City.

(10) The mayor shall execute the notice of violation (unauthorized use) and shall give or cause to be given notice of the violation to the property owner as prescribed in this chapter.

(11) The city council is designated as the hearing board to consider matters relating to the unauthorized use of property within Naples City.

(12) Any person having received a notice of such unauthorized use or the owner of any property employed in such use may appear before the city council and present and contest such alleged unauthorized use.

(13) A person wishing to contest a notice of unauthorized use must deliver a written notice of appeal to the city recorder within 20 days after receipt of notice. The notice of appeal must be in writing, addressed to the city council, and set forth:

(a) The date and nature of the violation as set forth in the notice of unauthorized use that is being appealed;

(b) Describe in detail the relief requested; and

(c) Set forth all facts and circumstances justifying the requested relief.

(14) Within 15 days after delivery of the notice of appeal, the mayor shall schedule a date for the hearing before the city council. Notice of the hearing date shall be sent by regular mail, postage prepaid, to the address listed on the notice of appeal at least 10 days prior to the date set for hearing.

(15) If it is necessary to bring an action in the courts to obtain judgment or otherwise enforce this chapter, the party violating this code shall be liable not only for the penalties provided by this chapter but also for costs and attorney’s fees necessarily incurred by the city. [Amended during 2013 codification; Ord. 2000-85 §§ 1 – 15, 2000.]