2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill requires local governments to provide certain due process in code
10 enforcement.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits local governments from:
14 • imposing nonjudicial penalties for certain code violations unless the local
15 government provides certain written notice; and
16 • collecting on an outstanding or pending penalty for certain code violations
17 unless the local government imposed the penalty in relation to certain written
18 notice.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-3-703.7, as repealed and reenacted by Laws of Utah 2012, Chapter 175
26 17-53-228, as enacted by Laws of Utah 2013, Chapter 133
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-3-703.7 is amended to read:
30 10-3-703.7. Administrative proceedings -- Penalty for code violation.
31 (1) A municipality may adopt an ordinance establishing an administrative proceeding
32 to review and decide a violation of a civil municipal ordinance.
33 (2) An ordinance adopted in accordance with Subsection (1) shall provide due process
34 for parties participating in the administrative proceeding.
35 (3) (a) A municipality may not impose a nonjudicial penalty for a violation of a land
36 use regulation or a nuisance ordinance unless the municipality provides to the individual who is
37 subject to the penalty written notice that:
38 (i) identifies the relevant regulation or ordinance at issue;
39 (ii) specifies the violation of the relevant regulation or ordinance; and
40 (iii) provides for a reasonable time to cure the violation, taking into account the cost of
41 curing the violation.
42 (b) A municipality may not collect on a nonjudicial penalty for a violation of a land use
43 regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019,
44 unless the municipality imposed the outstanding or pending penalty in relation to a written
45 notice that:
46 (i) identified the relevant regulation or ordinance at issue;
47 (ii) specified the violation of the relevant regulation or ordinance; and
48 (iii) provided for a reasonable time to cure the violation, taking into account the cost of
49 curing the violation.
50 Section 2. Section 17-53-228 is amended to read:
51 17-53-228. Administrative hearings and procedures -- Penalty for code violation.
52 (1) A county may adopt an ordinance establishing an administrative hearing process to
53 review and decide matters relating to the violation, enforcement, or administration of a county
54 civil ordinance, including an ordinance related to the following:
55 (a) a building code;
56 (b) planning and zoning;
57 (c) animal control;
58 (d) licensing;
59 (e) health and safety;
60 (f) county employment; or
61 (g) sanitation.
62 (2) An ordinance adopted in accordance with Subsection (1) shall provide appropriate
63 due process protections for a party participating in an administrative hearing.
64 (3) An administrative hearing held in accordance with an ordinance described in
65 Subsection (1) may be conducted by an administrative law judge.
66 (4) A county may not impose a civil penalty and adjudication for the violation of a
67 county moving traffic ordinance.
68 (5) (a) A county may not impose a nonjudicial penalty for a violation of a land use
69 regulation or a nuisance ordinance unless the county provides to the individual who is subject
70 to the penalty written notice that:
71 (i) identifies the relevant regulation or ordinance at issue;
72 (ii) specifies the violation of the relevant regulation or ordinance; and
73 (iii) provides for a reasonable time to cure the violation, taking into account the cost of
74 curing the violation.
75 (b) A county may not collect on a nonjudicial penalty for a violation of a land use
76 regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019,
77 unless the county imposed the outstanding or pending penalty in relation to a written notice
78 that:
79 (i) identified the relevant regulation or ordinance at issue;
80 (ii) specified the violation of the relevant regulation or ordinance; and
81 (iii) provided for a reasonable time to cure the violation, taking into account the cost of
82 curing the violation.
83