(1) A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 10-3-703.7

  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2) An ordinance adopted in accordance with Subsection (1) shall provide due process for parties participating in the administrative proceeding.
(3)

     (3)(a) A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality provides to the individual who is subject to the penalty written notice that:

          (3)(a)(i) identifies the relevant regulation or ordinance at issue;
          (3)(a)(ii) specifies the violation of the relevant regulation or ordinance; and
          (3)(a)(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.
     (3)(b) A municipality may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the municipality imposed the outstanding or pending penalty in relation to a written notice that:

          (3)(b)(i) identified the relevant regulation or ordinance at issue;
          (3)(b)(ii) specified the violation of the relevant regulation or ordinance; and
          (3)(b)(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.