10-3-703.7.  Administrative proceedings — Penalty for code violation.

(1)  A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance.

Terms Used In Utah Code 10-3-703.7

(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
    • (2)  An ordinance adopted in accordance with Subsection (1) shall provide due process for parties participating in the administrative proceeding.

    (3) 

    (a)  A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality 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 municipality 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 municipality 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

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