Chapter 7.02
ADMINISTRATIVE ABATEMENT
Sections:
7.02.010 Administrative abatement.
7.02.060 Procedures for abatement.
7.02.070 Procedures for recordation.
7.02.080 Notice of compliance.
7.02.090 Prohibition against issuance of municipal permits.
7.02.010 Administrative abatement.
Any condition caused, maintained, or permitted to exist in violation of any provision of this code or applicable state codes may be abated by the city pursuant to the procedures set forth in this chapter. [Ord. 22-16 § 2 (Exh. A).]
7.02.020 Notice of violation.
(1) Whenever an enforcement official determines that a violation of this code or applicable state codes has occurred or continues to exist, a notice of violation may be issued to the responsible person. The notice of violation shall include the following information:
(a) Name of the responsible person.
(b) Street address of violation.
(c) Date violation observed.
(d) All code sections violated and a description of the condition that violates the applicable code.
(e) All remedial action required to permanently correct any violation, which may include corrections, repairs, demolition, removal, or other appropriate action.
(f) Specific date to correct the violation set forth in a notice of violation.
(g) Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but are not limited to: criminal prosecution; civil fees; revocation of permits; recordation of the notice of violation; withholding of municipal permits; abatement of the violation; costs; administrative fees; and any other legal remedies.
(h) Statement that civil fees will begin to accrue immediately on expiration of the date to correct the violation(s).
(i) The amount of the civil fee for each violation and a statement that the civil fee may accrue daily until the violation is corrected.
(j) Demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the city.
(k) Procedures to request an administrative enforcement hearing, and consequences for failure to request such hearing.
(l) Statement that when the violation is brought into compliance the responsible person must request an inspection.
(2) The notice of violation shall be served by one of the methods of service listed in RCC 7.01.120. [Ord. 22-16 § 2 (Exh. A).]
7.02.030 Failure to correct.
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this section shall be a class B misdemeanor. [Ord. 22-16 § 2 (Exh. A).]
7.02.040 Inspections.
It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $30.00 shall be assessed for each subsequent inspection. [Ord. 22-16 § 2 (Exh. A).]
7.02.050 Authority to abate.
The director is hereby authorized, upon a determination of probable cause, to enter upon any property or premises to abate a violation of this code and applicable state codes as set forth in RCC 7.01.150. The director shall assess all costs for abatement to the responsible person and may use any remedy available under the law to collect such costs. [Ord. 22-16 § 2 (Exh. A).]
7.02.060 Procedures for abatement.
(1) Violations may be abated by city personnel or by a private contractor acting under the direction of the city.
(2) City personnel or a private contractor may enter upon private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.
(3) If a responsible person abates the violation before the city abates the violation pursuant to a notice of violation or administrative enforcement order, the director may nevertheless assess all costs actually incurred by the city against the responsible person.
(4) When abatement is completed, the director shall prepare a notice of itemized bill for costs.
(5) The director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person or as otherwise set forth in RCC 7.01.120, Service of notice requirements. The notice shall demand full payment within 20 days to the Riverton City treasurer.
(6) The responsible person shall have a right to an administrative enforcement hearing to contest the notice of itemized bill for costs. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for cost. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to such hearing and a waiver of the right to appeal. [Ord. 22-16 § 2 (Exh. A).]
7.02.070 Procedures for recordation.
For violations of this code and any other applicable code, when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an administrative enforcement hearing has not been timely requested, the director may record the notice of violation with the Salt Lake County recorder’s office. [Ord. 22-16 § 2 (Exh. A).]
7.02.080 Notice of compliance.
(1) When a violation is corrected, a responsible person shall request an inspection from the planning and zoning department director.
(2) When the director receives such request, the director shall reinspect the property within three days to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.
(3) Within 10 days of an inspection in which the officer finds compliance, the director shall serve a notice of compliance to the responsible person and property owner in the manner provided in RCC 7.01.120 if the director determines that:
(a) All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;
(b) All necessary permits have been issued and finalized;
(c) All assessed civil fees have been paid; and
(d) All assessed administrative fees and costs have been paid.
(4) The director shall record the notice of compliance with the Salt Lake County recorder’s office if the notice of violation was recorded. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. [Ord. 22-16 § 2 (Exh. A).]
7.02.090 Prohibition against issuance of municipal permits.
The city shall withhold business licenses, permits for kennels, or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure where a violation is located. The city shall withhold such permits until a notice of compliance has been issued by the director. The city shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations. [Ord. 22-16 § 2 (Exh. A).]
7.02.100 Civil fees.
(1) If a responsible person fails to correct a violation by the correction date listed in a notice of violation or in an administrative enforcement order, civil fees shall be owed to the city as follows:
(a) For any violation set forth on Table 1 – Civil Fees, the civil fee shall be as shown on the table.
(b) For a violation of tenant application fees, the civil fee shall be $100.00 for each initial violation and $200.00 for each additional violation.
(c) For any other violation not included on Table 1 – Civil Fees, the civil fee for each violation shall be established by resolution of the Riverton City council. An additional civil fee shall be assessed each and every subsequent day of violation for each separate violation until the violation is corrected. The maximum amount of civil fees accruable under subsection (1)(b) of this section for each violation listed in a notice of violation or in an administrative enforcement order shall be $600.00.
(2) Payment of any civil fee shall not excuse any failure to correct a violation or the reoccurrence of the violation, nor shall it bar further enforcement action by the city.
(3) Civil fees shall be paid to the Riverton City treasurer.
|
Type of Violation |
Reference |
Civil Fee per Day, First Offense |
First Offense, Maximum Civil Fee |
Civil Fee per Day, Second Offense |
Second Offense, Maximum Civil Fee |
|---|---|---|---|---|---|
|
Occupancy violation |
Per zone |
$25 per person |
$1,250 per person |
$50 per person |
$2,500 per person |
|
Illegal accessory dwelling |
Per zone |
$25 |
$1,250 |
$50 |
$2,500 |
|
Junked or inoperable vehicles |
Property Nuisances |
$30 per vehicle |
$1,500 per vehicle |
$60 per vehicle |
$3,000 per vehicle |
|
Trash, junk, miscellaneous used materials |
Property Nuisances |
$30 |
$1,500 |
$60 |
$3,000 |
|
Weeds |
Weed Control |
$30 |
$1,500 |
$60 |
$3,000 |
|
Landscaping |
Per zone |
$30 |
$1,500 |
$60 |
$3,000 |
|
Signs |
Per zone |
$30 |
$1,500 |
$60 |
$3,000 |
|
Fences |
Per zone |
$30 |
$1,500 |
$60 |
$3,000 |
|
Dumping |
|
$30 |
$1,500 |
$60 |
$3,000 |
|
No building permit; no business license |
|
$30 |
$1,500 |
$60 |
$3,000 |
|
Home occupation |
|
$30 |
$1,500 |
$60 |
$3,000 |
|
Parking |
|
$30 |
$1,500 |
$60 |
$3,000 |
|
Nuisances, as defined |
|
$30 |
$1,500 |
$60 |
$3,000 |
|
Nonpermitted uses |
Per zone |
$50 |
$5,000 |
$100 |
$10,000 |
|
Failure to comply with board of adjustment, planning commission, or hearing examiner order |
|
$30 |
$3,000 |
$60 |
$6,000 |
[Ord. 22-16 § 2 (Exh. A).]