Utah Code 17-53-228. Administrative hearings and procedures — Penalty for code violation
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(1) A county may adopt an ordinance establishing an administrative hearing process to review and decide matters relating to the violation, enforcement, or administration of a county civil ordinance, including an ordinance related to the following:
Terms Used In Utah Code 17-53-228
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) a building code;(1)(b) planning and zoning;(1)(c) animal control;(1)(d) licensing;(1)(e) health and safety;(1)(f) county employment; or(1)(g) sanitation.
(2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate due process protections for a party participating in an administrative hearing.
(3) An administrative hearing held in accordance with an ordinance described in Subsection (1) may be conducted by an administrative law judge.
(4) A county may not impose a civil penalty and adjudication for the violation of a county moving traffic ordinance.
(5)
(5)(a) A county may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the county provides to the individual who is subject to the penalty written notice that:
(5)(a)(i) identifies the relevant regulation or ordinance at issue;
(5)(a)(ii) specifies the violation of the relevant regulation or ordinance; and
(5)(a)(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.
(5)(b) A county 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 county imposed the outstanding or pending penalty in relation to a written notice that:
(5)(b)(i) identified the relevant regulation or ordinance at issue;
(5)(b)(ii) specified the violation of the relevant regulation or ordinance; and
(5)(b)(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.