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: (f) county employment; or(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.Amended by Chapter 278, 2019 General Session ,§ 2, eff. 5/14/2019.Added by Chapter 133, 2013 General Session ,§ 1, eff. 5/14/2013.