Chapter 7.01
ADMINISTRATIVE ENFORCEMENT PROGRAM
Sections:
7.01.040 Existing law continued.
7.01.050 Right to civil and criminal prosecution.
7.01.090 General rules of interpretation.
7.01.100 Definitions applicable to title generally.
7.01.110 Acts include causing, aiding, and abetting.
7.01.120 Service of notice requirements.
7.01.130 General enforcement authority.
7.01.140 Adoption of policy and procedures.
7.01.150 Authority to inspect.
7.01.170 False information or refusal prohibited.
7.01.180 Failure to obey a subpoena.
7.01.010 Short title.
This title shall be known as the “administrative code enforcement” or “ACE” program. This title shall also be known as RCC Title 7. It may be cited and pleaded under either designation. [Ord. 22-16 § 2 (Exh. A).]
7.01.020 Purpose.
The city council finds that the enforcement of this code and applicable state codes is an important public activity. Code enforcement is vital to the protection of the public’s health, safety, welfare, and quality of life. The city council recognizes that code enforcement is effective only when done quickly and fairly. The city council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is a valuable tool to achieve compliance with this code. Failure to comply with an administrative code enforcement action may result in the filing of a criminal action by the city attorney’s office to gain compliance. [Ord. 22-16 § 2 (Exh. A).]
7.01.030 Scope.
The provisions of this title may be applied to all violations of this code or applicable state codes which occur within Riverton City limits. This title establishes an additional remedy that may be used by the city to achieve compliance with applicable codes. [Ord. 22-16 § 2 (Exh. A).]
7.01.040 Existing law continued.
The provisions of this title shall not invalidate any other title, chapter, or ordinance of this code but shall be read in conjunction with those titles, chapters, and ordinances and may be used as an additional remedy for enforcement of violations thereof. [Ord. 22-16 § 2 (Exh. A).]
7.01.050 Right to civil and criminal prosecution.
The city shall have sole discretion in deciding whether to pursue an administrative enforcement action or file a civil or criminal judicial case for the violation of any of its ordinances or applicable code requirements. The enactment of this title shall not be construed to limit the city’s right to prosecute any violation as a criminal offense. If the city chooses to file both administrative actions as well as civil and criminal charges for the same violation, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available. [Ord. 22-16 § 2 (Exh. A).]
7.01.060 Effect of headings.
Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this title. [Ord. 22-16 § 2 (Exh. A).]
7.01.070 Severability.
If any section, subsection, sentence, clause, phrase, portion, or provision of this title is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have adopted this title and each section, subsection, sentence, clause, phrase, portion, or provision thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this title. [Ord. 22-16 § 2 (Exh. A).]
7.01.080 Civil liability.
By establishing performance standards or by establishing obligations to act, it is the intent of the city council that Riverton City employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of legal liability. [Ord. 22-16 § 2 (Exh. A).]
7.01.090 General rules of interpretation.
For purposes of this title:
(1) Any gender includes any other gender.
(2) “Shall” is mandatory; “may” is permissive.
(3) The singular number includes the plural, and the plural the singular.
(4) Words used in the present tense include the past and future tense, and vice versa.
(5) Words and phrases used in this title and not specifically defined shall be construed according to the context and approved usage of the language.
(6) Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this title as a whole. [Ord. 22-16 § 2 (Exh. A).]
7.01.100 Definitions applicable to title generally.
In the construction of this title, the following words and phrases shall be defined as set forth in this section unless a different meaning is specifically defined elsewhere in this title and specifically stated to apply:
“Abatement” means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a violation, including, but not limited to, demolition, removal, repair, boarding, and securing or replacement of property.
“Administrative citation” means a citation issued to a responsible person which gives reasonable notice of a violation and the civil fee for such violation.
“Administrative enforcement hearing” means a hearing held pursuant to the procedures established by this title and at the request of a responsible person charged with a violation.
“Administrative enforcement order” means an order issued by a hearing examiner. The order may include an order to abate the violation, pay civil fees and administrative costs, or any other action as authorized or required by this title and applicable state codes.
“City” means the city of Riverton, Utah, including the city council, mayor, city manager, employees, agents and volunteers of the city, excepting employees of the court.
“City council” means the city council of Riverton City.
“Code enforcement lien” means a lien recorded to collect outstanding civil penalties, administrative fees, and costs.
“Code enforcement performance bond” means a bond posted by a responsible person to ensure compliance with this code, applicable state titles, a judicial action, or an administrative code enforcement order.
“Director” means the planning and zoning department director or his/her designee.
“Enforcement official” means any person authorized by the city to enforce violations of this code or applicable state codes including, but not limited to, zoning officers, police officers, building inspection officials, code enforcement officers, fire marshal, fire officers and animal control officers.
“Good cause” means incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; and acts of nature adverse to performing required acts.
“Hearing officer” means a person appointed by the mayor or her designee to preside over administrative enforcement hearings as set forth in this chapter.
“Imminent life safety hazard” means any condition that creates a serious and immediate danger to life, property, health, or public safety.
“Mayor” means the mayor of Riverton City.
“Notice of compliance” means a document or form approved by the planning and zoning department director or designee which indicates that a property complies with the requirements set forth in a notice of violation.
“Notice of emergency abatement” means a written notice that informs a responsible person of emergency abatement actions taken by the city and the costs of those actions, and orders payment for those costs.
“Notice of itemized bill for costs” means a written notice, itemizing the city’s costs and ordering payment of those costs.
“Notice of satisfaction and release of judgement” means a document or form approved by the planning and zoning department director or his or her designee, which indicates that all outstanding civil penalties and costs have been either paid in full, or that the city has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt. In addition to the satisfaction of the financial debt, the property must also be in compliance with the requirements outlined in the notice of violation.
“Notice of violation” means a written notice that informs a responsible person of code violations and orders certain remedial steps to correct said violations.
“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
“Property owner” means the record owner of real property as shown on the records of the Salt Lake County assessor/recorder.
“Public nuisance” or “nuisance” means any condition caused, maintained, or permitted to exist that is anything that is injurious to health, indecent, offensive to the senses, a threat to the public’s health, safety, and welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A public nuisance also has the same meaning as set forth in Utah Code Annotated. By way of example, and not to be construed as terms of limitation, a nuisance includes any of the following:
(a) Lumber, junk, trash, or debris.
(b) Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans, vehicles, or containers.
(c) Graffiti which is visible from a public street.
(d) Any structure deemed illegal under this code.
“Responsible person” means the person(s) determined by the city who is responsible for causing or maintaining a violation of this code or applicable state codes. The term “responsible person” shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, trustee, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of this code or applicable state codes.
“Written” includes handwritten, typewritten, photocopied, computer printed, or facsimile, in analog, physical or digital format. [Ord. 22-16 § 2 (Exh. A).]
7.01.110 Acts include causing, aiding, and abetting.
Whenever any act or omission is made unlawful in this title, it shall include causing, permitting, aiding, or abetting such act or omission. [Ord. 22-16 § 2 (Exh. A).]
7.01.120 Service of notice requirements.
(1) Unless otherwise specified in state statute or this code, whenever a notice is required to be given under this title, the notice shall be served by one of the following methods:
(a) Personal service;
(b) Regular mail, postage prepaid, to the last known address of the property owner or a responsible agent;
(c) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the planning and zoning department director; or
(d) Published in a newspaper of general circulation once per week for four weeks when the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, where service is impracticable under the circumstances, or where there exists good cause to believe that the person to be served is avoiding service of process.
(2) Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth herein.
(3) Service by regular mail in the manner set forth above shall be deemed served on the third day after the date of mailing when mailed in the state of Utah. Service by regular mail to all other addresses shall be deemed served on the tenth day after the date of mailing.
(4) The failure of a person, other than a responsible person, to be served notice in accordance with this section shall not affect the validity of any proceeding taken hereunder.
(5) Whenever a document is recorded with the county recorder as authorized or required by this title or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents. [Ord. 22-16 § 2 (Exh. A).]
7.01.130 General enforcement authority.
Whenever an enforcement official finds that violation of this code or applicable state codes has occurred or continues to exist, he may undertake any of the procedures set forth herein. The director or any designated enforcement official shall have the authority to gain compliance with the provisions of this code and applicable state codes subject to the provisions of this title. Such authority shall include the power to issue notices of violation and administrative citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this title or law. [Ord. 22-16 § 2 (Exh. A).]
7.01.140 Adoption of policy and procedures.
The mayor shall establish policies and procedures consistent with this title, relating to the hearing procedures, scope of hearings, subpoena powers, and other matters relating to the administrative code enforcement hearing program. However, any such policies and procedures shall not be inconsistent with this title or state or federal law. [Ord. 22-16 § 2 (Exh. A).]
7.01.150 Authority to inspect.
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed and to make any reasonable, lawful examination or survey necessary to determine compliance with this code or applicable state codes. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. If a property owner or responsible person refuses to allow an enforcement official to enter property, the enforcement official shall obtain a search warrant before entering the property. [Ord. 22-16 § 2 (Exh. A).]
7.01.160 Power to arrest.
Subject to other applicable law, the code enforcement supervisor or any designated enforcement official is authorized to arrest, without a warrant, any person whenever there is reasonable cause to believe that the person has committed a violation of this code or applicable state codes in the enforcement official’s presence. If allowed by law, the code enforcement supervisor or enforcement official can arrest a person by issuing an administrative citation. [Ord. 22-16 § 2 (Exh. A).]
7.01.170 False information or refusal prohibited.
It shall be unlawful for any person to willfully make a false statement or refuse to give his name or address with intent to deceive or interfere with an enforcement officer when in the performance of his official duties under the provisions of this title. A violation of this section shall be a class B misdemeanor. [Ord. 22-16 § 2 (Exh. A).]
7.01.180 Failure to obey a subpoena.
It shall be unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative enforcement hearing. A violation of this section shall be a class B misdemeanor. [Ord. 22-16 § 2 (Exh. A).]