Utah Code § 17-53-228

Current through the 2024 Fourth Special Session
Section 17-53-228 - Administrative hearings and procedures - Penalty for code violation
(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:
(a) a building code;
(b) planning and zoning;
(c) animal control;
(d) licensing;
(e) health and safety;
(f) county employment; or
(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)
(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:
(i) identifies the relevant regulation or ordinance at issue;
(ii) specifies the violation of the relevant regulation or ordinance; and
(iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation.
(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:
(i) identified the relevant regulation or ordinance at issue;
(ii) specified the violation of the relevant regulation or ordinance; and
(iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.

Utah Code § 17-53-228

Amended by Chapter 278, 2019 General Session ,§ 2, eff. 5/14/2019.
Added by Chapter 133, 2013 General Session ,§ 1, eff. 5/14/2013.