10-3-703.7. Administrative proceedings -- Penalty for code violation.
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Effective 5/14/2019
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.
(2)An ordinance adopted in accordance with Subsection
(1)shall provide due process for parties participating in the administrative proceeding.
(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