Chapter 18.145
PENALTIES
Sections:
18.145.020 Criminal penalties.
18.145.040 Third-party enforcement.
18.145.050 Penalties and enforcement.
18.145.010 Penalties.
Any person, firm, partnership, or corporation, or the principals or agents thereof, violating or causing the violation of any provision of this title and FCC Title 17, as the same may be amended from time to time, shall be subject to the following penalties. (Ord. 2016-09 § 1, 2016; Ord. 2001-03 § 1, 2001; Ord. 66 § 1.8, 1993.)
18.145.020 Criminal penalties.
Each violation of any provision of this title and FCC Title 17 shall be a class C misdemeanor, punishable by a fine of not more than $750.00 and/or imprisonment for a term not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a new and separate violation, and shall be punishable as such. (Ord. 2016-09 § 1, 2016; Ord. 2001-03 § 1, 2001; Ord. 66 § 1.8.1, 1993.)
18.145.030 Civil penalties.
In lieu of pursuing criminal remedies with respect to any violation of any provision of this title and FCC Title 17, Francis City may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies regarding such violation. The following civil remedies may not be pursued for a violation that occurs in conjunction with a criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding, but the following civil remedies may be pursued if no criminal proceedings will occur with respect to the violation.
1. Notice to Comply. Francis City shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with this title and FCC Title 17 and thereby avoid further enforcement proceedings. The notice shall further set forth the date, time and location of an administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period and instead submits to the City, prior to the expiration of the prescribed time period for coming into compliance, a written request for administrative hearing. For the first time offense, the applicable compliance period shall be 30 calendar days from the date of the written notice to comply, unless said violation is a matter of urgent public health, safety and welfare; in such event the compliance period shall be 10 calendar days. If the offending party is unable to correct the offense within the allowed compliance period, the party may request an extension. The extension must be in writing and must be signed by all property owners, tenants, and parties. The request for extension shall contain the requested extension date, factual evidence as to why the extension is justified, and a commitment to correct the violation within the extension period. The extension may be granted by the zoning enforcement officer at his or her discretion. Written approval or denial of the extension will be given to the offending party. In the event that the zoning enforcement officer does not grant the extension, his or her decision may be appealed to the administrative hearing officer.
In the event that a second notice to comply is issued to the same party with respect to a particular violation (or similar) within any rolling 12-month period, the applicable compliance period shall be 15 calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to a particular violation within any rolling 12-month period, the applicable compliance period shall be the next calendar day after the date of the written notice to comply.
2. Amount of Civil Penalty. If a violation is not completely cured within the time period set forth in the written notice to comply, then such violation of any provision of this title and FCC Title 17 shall be subject to a civil penalty in the amount of $100.00 per day, which fine shall be imposed beginning on the first calendar day after the applicable compliance period has expired and ending on the date that the violation is completely cured and the offending party is in full compliance with this title and FCC Title 17 with respect thereto.
3. Administrative Hearing. The administrative hearing shall be a public meeting during regularly scheduled hours, conducted by an administrative law judge appointed by the City Council (which administrative law judge may be an employee of Francis City). If a written request for administrative hearing has been timely submitted to the City, the offending party shall be given an opportunity to be heard at the administrative hearing, and shall otherwise be afforded due process. The administrative hearing shall be recorded or otherwise documented so that a true and correct transcript may be made of its proceedings. The administrative law judge shall make a final administrative determination with respect to the citation, which determination may be that there was no violation, or that a violation occurred and must be abated, and the amount of the appropriate civil penalty within the parameters set forth herein.
4. Appeal. Any person adversely affected by any such administrative proceeding and order may petition a district court for review of the determination. In the petition, the petitioner may only allege that the administrative order was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 calendar days after the administrative order is final. No evidence may be submitted to the district court as part of such petition that is not included in the administrative record of the proceedings unless the evidence was offered to the administrative law judge as part of the administrative hearing and the district court determines that the evidence was improperly excluded by the administrative law judge.
5. Collection. In the event that Francis City is required to take formal legal action to collect any civil penalty imposed pursuant to this section, the person responsible therefor shall also be responsible for paying any costs of collection incurred by Francis City, including, but not limited to, reasonable attorney’s fees, which costs of collection may exceed the amount of the civil penalty itself. (Ord. 2016-09 § 1, 2016; Ord. 2001-03 § 1, 2001; Ord. 66 § 1.8.2, 1993.)
18.145.040 Third-party enforcement.
Each and every continuing violation of any provision of this title and FCC Title 17 is declared to constitute a nuisance. Private citizens of and/or property owners in Francis City shall also have the right to commence and pursue formal civil legal proceedings with respect to any ongoing violations affecting their interests pursuant to Utah law. (Ord. 2016-09 § 1, 2016; Ord. 2001-03 § 1, 2001.)
18.145.050 Penalties and enforcement.
The provisions of this title and FCC Title 17 may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. Suit may be brought by the City, or by affected property owners, pursuant to governing Utah law. (Ord. 2016-09 § 1, 2016; Ord. 66 § 4.6, 1993.)