17-64-504. Administrative hearings and procedures -- Penalty for code violation.

313 words·~1 min read·/ut/title-17/chapter-64/17-64-504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)A legislative body 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:

(a)a building code;

(b)planning and zoning;

(c)animal control;

(d)licensing;

(e)health and safety;

(f)county employment; or

(g)sanitation.

(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.

(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.

Renumbered and Amended by Chapter 13 , 2025 Special Session 1