Utah Code 10-3-703.7. Administrative proceedings — Penalty for code violation
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(1) A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance.
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 Section10-2-301 ; 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.