Chapter 7.06
ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES
Sections:
7.06.010 Administrative enforcement hearings.
7.06.020 Request for administrative enforcement hearing.
7.06.030 Notification of administrative enforcement hearing.
7.06.040 Appointment and qualifications of hearing examiner.
7.06.050 Powers of hearing examiner.
7.06.060 Procedures at administrative enforcement hearing.
7.06.070 Failure to attend administrative enforcement hearing.
7.06.080 Administrative enforcement order.
7.06.090 Failure to comply with order.
7.06.010 Administrative enforcement hearings.
It is the purpose and intent of the city council that any responsible person shall be afforded due process of law during the enforcement process. Due process of law shall require adequate notice, an opportunity to request and to fully participate in any hearing, and an adequate explanation of the reasons justifying any resulting action. The following procedures are intended to establish a forum to resolve and correct violations of this code and applicable state codes fairly, quickly, and efficiently while providing due process. [Ord. 22-16 § 2 (Exh. A).]
7.06.020 Request for administrative enforcement hearing.
(1) A responsible person served with one of the following documents or notices shall have the right to request an administrative enforcement hearing. Such request shall be filed within 10 calendar days from the date of service of one of the following notices:
(a) Notice of violation;
(b) Notice of itemized bill for costs;
(c) Administrative citation; or
(d) Notice of emergency abatement.
(2) The request for an administrative enforcement hearing shall be made in writing to the planning and zoning department director. The request for an administrative enforcement hearing must include the following information:
(a) Name of the responsible party;
(b) Address of the responsible party;
(c) Telephone number of the responsible party;
(d) Intent to be represented by legal counsel; and
(e) A comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
(3) Failure to request an administrative enforcement hearing within 10 calendar days from the date of service of any of the notices in subsection (1) of this section shall constitute a waiver of the right to an administrative enforcement hearing. The right to appeal said failure may be waived by the city upon showing of good cause.
(4) If a responsible person fails to request a hearing after being issued a notice of violation as provided herein, the corrective action detailed on the notice of violation shall be considered the administrative enforcement order pursuant to Chapter 7.04 RCC. [Ord. 22-16 § 2 (Exh. A).]
7.06.030 Notification of administrative enforcement hearing.
(1) Written notice of the date, time and place of the administrative enforcement hearing shall be served to the responsible persons as soon as practicable prior to its date.
(2) The notice shall be served by any of the methods of service set forth in RCC 7.01.120. [Ord. 22-16 § 2 (Exh. A).]
7.06.040 Appointment and qualifications of hearing examiner.
(1) With the advice and consent of the city council, the mayor shall appoint hearing examiner(s) to preside at administrative enforcement hearings.
(2) A hearing examiner:
(a) Shall have no personal, financial, or other conflict of interest in the matter for which the hearing is being held; and
(b) May be a city employee. [Ord. 22-16 § 2 (Exh. A).]
7.06.050 Powers of hearing examiner.
(1) A hearing examiner shall have authority to conduct an administrative enforcement hearing for violations of this code and applicable state codes.
(2) A hearing examiner may, for good cause shown by one of the parties or if the hearing examiner independently determines that due process has not been adequately afforded to such party, continue a hearing.
(3) At the request of any party to an administrative enforcement hearing, a hearing examiner may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed helpful or necessary by the hearing examiner to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.
(4) A hearing examiner has continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ordering compliance by issuing an administrative enforcement order, ensuring compliance of that order, which includes authorizing the city to enter and abate a violation, modifying an administrative enforcement order, or, where extraordinary circumstances exist, granting a new hearing.
(5) A hearing examiner may require a responsible person to post a cash performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the city.
(6) A hearing examiner shall not make determinations as to the existence of nonconforming rights. If a responsible person claims a nonconforming right as a defense, the hearing examiner shall continue the administrative enforcement hearing and shall refer the matter to the Riverton City board of adjustment for a determination as to the existence of the nonconforming right. The board of adjustment’s decision shall be binding on the hearing examiner. The responsible person shall bear the costs of the appeal to the board of adjustment. [Ord. 22-16 § 2 (Exh. A).]
7.06.060 Procedures at administrative enforcement hearing.
(1) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative enforcement hearing shall follow duly adopted policies and procedures.
(2) The city shall bear the burden of proof to establish the existence of a violation of this code or applicable state codes.
(3) Such proof shall be established by a preponderance of the evidence.
(4) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
(5) All administrative enforcement hearings shall be open to the public and shall be recorded as determined by the city. At the discretion of the hearing examiner, administrative enforcement hearings may be held at the location of the violation.
(6) The responsible party/person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address, and telephone number shall be given to the city at least two days prior to the hearing. If such notice is not given, the hearing may be continued at the city’s request, and all costs of the continuance shall be assessed to the responsible person.
(7) The burden to prove any raised defenses shall be upon the party raising any such defense. [Ord. 22-16 § 2 (Exh. A).]
7.06.070 Failure to attend administrative enforcement hearing.
A responsible person who fails to appear at an administrative enforcement hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal; provided, that proper notice of the hearing has been given as provided in RCC 7.01.120. [Ord. 22-16 § 2 (Exh. A).]
7.06.080 Administrative enforcement order.
(1) A responsible person and the city may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be entered as an administrative enforcement order. Entry of such agreement shall constitute a waiver of the right to an administrative enforcement hearing and the right to appeal.
(2) After all evidence and testimony are presented, the hearing examiner shall issue a written administrative enforcement order within 30 days that affirms or rejects the notice or citation.
(3) A hearing examiner may issue an administrative enforcement order that requires a responsible person to cease and desist from violating this code or applicable state codes and to take any necessary corrective action.
(4) A hearing examiner may order the city to enter the property and abate all violations, including the removal of animals that are in violation of applicable code requirements.
(5) A hearing examiner may revoke a kennel permit, an animal license, or the right to possess animals as provided in this code.
(6) As part of an administrative enforcement order, a hearing examiner may establish specific deadlines for the payment of fees and costs, and condition the total or partial assessment of civil fees on the responsible person’s ability to take necessary corrective actions by the specified deadlines.
(7) A hearing examiner may issue an administrative enforcement order imposing civil fees in accordance with this code. Such fees shall continue to accrue until the responsible person complies with the hearing examiner’s decision and corrects the violation.
(8) A hearing examiner may schedule subsequent review hearings as may be necessary or as requested by the city to ensure compliance with an administrative enforcement order.
(9) A hearing examiner may order a responsible person to post a cash performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the city.
(10) An administrative enforcement order shall become final on the date of signing by the hearing examiner.
(11) A copy of the administrative enforcement order shall be served on all parties by any one of the methods listed in RCC 7.01.120. When required by this title, the director shall record the administrative enforcement order with the Salt Lake County recorder’s office.
(12) After a hearing examiner has issued an administrative enforcement order, the director shall monitor the matter for compliance with the administrative enforcement order. [Ord. 22-16 § 2 (Exh. A).]
7.06.090 Failure to comply with order.
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in an administrative enforcement order. A violation of this section shall be a class B misdemeanor. [Ord. 22-16 § 2 (Exh. A).]
7.06.100 Appeal.
(1) Any responsible person adversely affected by an administrative enforcement order made in the exercise of the provisions of this title may file a petition for review in the third district court of Salt Lake County.
(2) The petition shall be barred unless it is filed within 30 days after the administrative enforcement order is final.
(3) In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary or capricious.
(4) The court shall:
(a) Presume that the administrative enforcement order is valid;
(b) Review the record to determine whether the order was arbitrary, capricious, or illegal; and
(c) Affirm the administrative enforcement order if it is supported by evidence.
(5) If appealed, the record of the proceedings including minutes, findings, orders and, if available, a true and correct recording of the proceeding shall be transmitted to the reviewing court within 30 days of the notice of appeal.
(6) If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the hearing examiner and the court determines that it was improperly excluded by the hearing examiner. The court may call witnesses and take evidence if there is no record.
(7) The filing of a petition does not stay execution of an administrative enforcement order. The administrative enforcement order shall stand unless and until the district court stays the administrative enforcement order pending review. [Ord. 22-16 § 2 (Exh. A).]