H.B. 302 Enrolled

1

LAND USE PENALTIES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael T. Morley
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to certain civil penalties established by a
10 municipality or county.
11 Highlighted Provisions:
12 This bill:
13 . requires that a municipality or county provide:
14 . notice of an ordinance violation to the owner of record;
15 . the owner of record a reasonable opportunity to cure an ordinance violation; and
16 . a schedule of the civil penalties for an ordinance violation; and
17 . makes technical corrections.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-9a-803, as renumbered and amended by Laws of Utah 2005, Chapter 254
25 17-27a-803, as renumbered and amended by Laws of Utah 2005, Chapter 254
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-9a-803 is amended to read:
29 10-9a-803. Penalties -- Notice.

30 (1) The municipality may, by ordinance, establish civil penalties for violations of any
31 of the provisions of this chapter or of any ordinances adopted under the authority of this
32 chapter.
33 (2) Violation of any of the provisions of this chapter or of any ordinances adopted
34 under the authority of this chapter is punishable as a class C misdemeanor upon conviction
35 either:
36 (a) as a class C misdemeanor; or
37 (b) by imposing the appropriate civil penalty adopted under the authority of this
38 section.
39 (3) Prior to imposing upon an owner of record a civil penalty established by ordinance
40 under authority of this chapter, a municipality shall provide:
41 (a) written notice, by mail or hand delivery, of each ordinance violation to the address
42 of the:
43 (i) owner of record on file in the office of the county recorder; or
44 (ii) person designated, in writing, by the owner of record as the owner's agent for the
45 purpose of receiving notice of an ordinance violation;
46 (b) the owner of record a reasonable opportunity to cure a noticed violation; and
47 (c) a schedule of the civil penalties that may be imposed upon the expiration of a time
48 certain.
49 Section 2. Section 17-27a-803 is amended to read:
50 17-27a-803. Penalties -- Notice.
51 (1) The county may, by ordinance, establish civil penalties for violations of any of the
52 provisions of this chapter or of any ordinances adopted under the authority of this chapter.
53 (2) Violation of any of the provisions of this chapter or of any ordinances adopted
54 under the authority of this chapter is punishable as a class C misdemeanor upon conviction
55 either:
56 (a) as a class C misdemeanor; or
57 (b) by imposing the appropriate civil penalty adopted under the authority of this

58 section.
59 (3) Prior to imposing upon an owner of record a civil penalty established by ordinance
60 under authority of this chapter, a county shall provide:
61 (a) written notice, by mail or hand delivery, of each ordinance violation to the address
62 of the:
63 (i) owner of record on file in the office of the county recorder; or
64 (ii) person designated, in writing, by the owner of record as the owner's agent for the
65 purpose of receiving notice of an ordinance violation;
66 (b) the owner of record a reasonable opportunity to cure a noticed violation; and
67 (c) a schedule of the civil penalties that may be imposed upon the expiration of a time
68 certain.