056 of 2018 - Collection of abatement costs through tax liens 0 18-1
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SALT LAKE CITY ORDINANCE
No. 56 of 2018
(Collection of abatement costs through tax liens.)
An ordinance amending Chapter 21A.20 of the Salt Lake City Code to provide for the use
of tax liens to collect costs incurred abating certain zoning violations.
WHEREAS, Salt Lake City Corporation(the "City") has enacted City ordinances
providing for resolution of zoning violations through various means up to and including
abatement actions conducted by the City; and
WHEREAS, Chapter 10-11 of the Utah Code authorizes municipalities to file tax liens
against properties in order to recover costs incurred abating certain zoning violations; and
WHEREAS, the city desires to further articulate the processes and procedures the city
utilizes to pursue collection of abatement costs through tax liens; and
WHEREAS, the Salt Lake City Planning Commission held a public hearing on April 26,
2017 to consider a request made by Salt Lake City Mayor Jackie Biskupski (Petition No.
PLNPCM2017-00058)to amend the text of Chapters 21A.06 (Zoning: Decision Making Bodies
and Officials), 21A.34 (Zoning: Overlay Districts), and 21A.20 (Zoning: Enforcement) of the
Salt Lake City Code to provide further clarity and efficiency in land use regulation; and
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Salt Lake City Code Chapter 21A.20 (Zoning: Enforcement) shall be,
and hereby is, amended to read as follows:
CHAPTER 21A.20
ENFORCEMENT
21A.20.010: DEFINED TERMS:
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
21A.20.040: CIVIL FINES:
21A.20.050: DAILY VIOLATIONS:
21A.20.060: COMPLIANCE:
21A.20.070: RECURRING VIOLATIONS:
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
21A.20.010: DEFINED TERMS:
In this chapter, the words, terms,phrases and their derivatives shall have the meanings as
stated and defined in this chapter.
CITATION DEADLINE: The date identified in the second notice of violation described in
Section 21A.20.030.E.
DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
division authorized to perform civil enforcement functions.
FIRST NOTICE: The initial notice informing the person cited that a zoning violation exists.
CIVIL ENFORCEMENT OFFICER: An employee of Salt Lake City's Division of Building
Services, or of the successor Salt Lake City Division authorized to perform civil enforcement
functions, or any duly authorized agent, representative or designee.
NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation
has been cured.
PERSON CITED: The property owner,property owner's agent, tenant or occupant of any
building or land or part thereof and any architect, builder, contractor, agent or other person
who participates in, assists, directs or creates any situation that is contrary to the
requirements of this title, and who received the notice of violation and is being held
responsible for the violation.
PROPERTY OWNER: Any person who, alone or jointly or severally with others, holds legal
title to the property at issue.
SECOND NOTICE: The notice informing the person cited of the date that civil fines will
begin to accrue if the zoning violation is not corrected.
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21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title
and take such action as is warranted in accordance with the procedures set forth in this
chapter.
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being violated,the
civil enforcement officer may provide a written notice to the property owner and any
other person determined to be responsible for such violation. The written notice shall
indicate the nature of the violation and order the action necessary to correct it. Additional
written notices may be provided at the civil enforcement officer's discretion.
B. The written notice shall state what action the division intends to take if the violation is
not corrected. The written notice shall include information regarding the established
warning period for the indicated violations and shall serve to start any warning periods
provided in this chapter.
C. Such written notice issued by the civil enforcement officer shall be deemed sufficient and
complete when:
1. A copy of the written notice is posted on the property where said violation(s) occur,
and
2. The written notice is either:
a. Mailed certified mail or commercial courier service to the property owner at the
last known address appearing on the records of the county recorder and any other
person determined to be responsible for such violation, at their last known
address, or
b. Personally served upon the property owner and any other person determined to be
responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective enforcement of
this title, or pose a danger to the public health, safety or welfare, the civil enforcement
officer may seek enforcement without prior written notice by invoking any of the civil
fines or remedies authorized in Section 21A.20.060 of this chapter.
E. If the violation remains uncured within five (5)business days of the expiration of the
warning period set forth in the notice described in subsections A-C of this section, a
second notice of violation shall be delivered by mailing,postage prepaid, addressed to the
person cited at the last known address appearing on the records of the county recorder.
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The second notice shall identify the citation deadline and state that the civil fines set forth
in 21A.20.040 will begin to accrue if the violations are not remedied by that date.
21A.20.040: CIVIL FINES:
If the violations are not corrected by the citation deadline, civil fines shall accrue at twenty
five dollars ($25.00) a day per violation for those properties legally used for purposes that are
solely residential uses, and one hundred dollars ($100.00) a day per violation for those
properties used for purposes that are not residential uses.
21A.20.050: DAILY VIOLATIONS:
Each day a violation continues after the citation deadline shall be considered a separate
offense and give rise to a separate civil fine. Accumulation of civil fines for violations,but
not the obligation for payment of civil fines already accrued, shall stop upon correction of the
violation.
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the
provisions of this title and to collect the civil fines that accrue as a result of the violation of
the provisions of this title, including a legal action to obtain one or more of the following: an
injunction, an order of mandamus, an order requiring the property owner or occupant to abate
the violations, an order permitting the city to enter the property to abate the violations, and a
judgment in the amount of the civil fines accrued for the violation, including costs and
attorney fees.
Violations of the provisions of this title or failure to comply with any of its requirements are
punishable as a class B misdemeanor upon conviction.
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs within six(6)months of the
initial correction, the division may begin enforcement of said recurring violation by sending
by certified mail a Notice and Order in the form described in 21A.20.030B. Civil fines set
forth in 21A.020.040 will begin accruing, if the violation is not remedied within ten(10)
calendar days of the citation deadline contained in that Notice.
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.080 of this code, may hear and decide appeals of civil fines
imposed pursuant to this chapter. As set forth in this section, the fines hearing officer
may reduce civil fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a fines
hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine
appeal on a form provided by the division. However,no party may appear before a fines
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hearing officer until violations identified have been corrected and a notice of compliance
has been issued. Appeals to a fines hearing officer contesting the amount of the civil fine
imposed, must be filed within thirty (30) days from the date of the notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall not
relieve the responsibility of any person cited to cure the violation or make payment of
subsequently accrued civil fines nor shall it require the city to reissue any of the notices
required by this chapter.
D. Civil fines may be reduced at the discretion of the fines hearing officer after the violation
is cured and if any of the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment and
correction of landscaping violations may be abated from October 15 through the next
April 1, or such other times as caused by weather conditions adverse to successful
landscaping;
2. Strict compliance with the notice and order would have caused an imminent and
irreparable injury to persons or property;
3. The violation and inability to cure were both caused by a force majeure event such as
war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the Salt Lake
County Recorder's office after the first or second notice was issued and the new
property owner is not related by blood, marriage or common ownership to the prior
owner; or
5. Such other mitigating circumstances as determined by the fines hearing officer.
E. At the request of a person subject to civil fines governed by this chapter, the fines hearing
officer may approve a payment schedule for the delayed or periodic payment of the
applicable civil fine to accommodate the person's unique circumstances or ability to pay.
F. If a payment schedule has been developed by the fines hearing officer,the failure by a
person owing civil fines to submit any two (2) payments as scheduled shall cause the
entire amount of the original civil fine to become immediately due.
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
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A. If the city obtains a court order permitting entry on the property for the purpose of
abating zoning violations, the division shall provide written notice of that order to the
property owner of record at the address on file with the county recorder.
B. The notice shall: (1) identify the property owner of record according to the records of the
county recorder; (2) describe the property and the violations the court order permits the
division to enter the property to abate, (3) attach a copy of the court order, and(4)
provide the property owner thirty(30) days from the date the notice is served to abate the
violations the court order permits the division to enter the property to abate.
C. Notice may be delivered in person, or by certified mail, or by commercial courier service,
if mailed to the last known address of the property owner according to the records of the
county recorder.
D. If the zoning violations are not corrected by the property owner within thirty (30) days of
the date the notice is served,then the division may employ any necessary assistance to
enter the property and abate the zoning violations, as permitted by the court order.
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the division or an agent of the division enters a property to abate a violation pursuant to
a court order, as set forth in Section 21A.20.090,the division may collect the cost of that
abatement, by filing a property tax lien, as set forth in this section.
B. Upon completion of abatement work, the division shall prepare an itemized statement of
costs and mail it to the property owner by certified mail, demanding payment within
thirty (30) days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the division, including administrative
costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
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a. That failure to timely pay the expenses described in the itemized statement may
result in a lien on the property in accordance with this chapter and Utah Code
Section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part of the statement
within twenty (20) days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the name of the office
and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be deemed
delivered when mailed by certified mail addressed to the last known address of the
property owner, according to the records of the county recorder.
E. If the property owner files a timely objection, the division will schedule a hearing in
accordance with Title 52, Chapter 4 of the Utah Code (Open and Public Meetings Act),
and will mail or deliver to the property owner prior to the hearing a notice stating the
date, time, and location of the hearing.
F. At the hearing described in subsection E, a fines hearing officer shall review and
determine the actual cost of abatement incurred by the division in abating the property,
including administrative costs. The property owner must pay any amount the fines
hearing officer determines is due and owing to the Salt Lake City Treasurer at the address
provided in the statement of costs within thirty(30) days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the itemized
statement within thirty (30)days of the date of the mailing of that statement, or to file a
timely objection, then the division may certify the past due costs and expenses to the Salt
Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code Section
10-11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any amount
found due and owing under subsection F within thirty(30) days of the date of the
hearing, the division may certify the past due costs and expense to the Salt Lake County
Treasurer and the Treasurer will proceed as set forth in Utah Code Section 10-11-4.
I. After entry by the treasurer of the county, as set forth in subsections G and H the amount
entered shall be a nonrecurring notice charge as defined in Utah Code 11-58-102, is a lien
on the property, and shall be collected by the Salt Lake County Treasurer at the time of
the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the property
owner presents evidence demonstrating financial hardship to the satisfaction of the
division,the division may waive some or all administrative fees and the actual costs
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incurred in abating the property if the property abated is the property owner's principal
place of residence.
SECTION 2. Amending Section 21A.34.060.I.6 of the Salt Lake City Code. That
Subsection 21A.34.060.I.6 of the Salt Lake City Code (Zoning: Overlay Districts: Groundwater
Source Protection Overlay District: Enforcement, Violation and Penalties) shall be, and hereby
is, amended to read as follows:
6. Administrative Fines:
a. Notwithstanding any other section of this chapter, any regulated person found to
have violated any provision of this section, or any order, rule or regulation issued
or promulgated hereunder, may be fined in an amount not greater than ten
thousand dollars ($10,000.00)per day, as determined by the director in his
reasonable discretion. Such fines shall be assessed on a per day, per violation
basis. The city may also assess penalties as outlined in Sections 21A.20.050,
21A.20.060 and 21A.20.070 of this title.
b. The city may charge a regulated person for the costs of preparing administrative
enforcement actions, such as notices and orders, which charge may be assessed
whether or not a fine under subsection I.6 a of this section is also imposed.
c. Assessments for fines and/or administrative costs may be added to the regulated
person's next scheduled water service charge, and the director shall have such
other collection remedies as may be available for other service charges and fees.
d. Unpaid charges, fines, assessments and penalties shall, after sixty(60) calendar
days, be assessed an additional penalty of ten percent(10%) of the unpaid
balance. Thereafter, interest on any unpaid balances, including penalties, shall
accrue at a rate of one percent(1%)per month. A lien against the individual
regulated person's property will be sought for unpaid charges, fines, and
penalties.
e. Regulated persons desiring to dispute such fines or assessments must file a written
request for the director to reconsider the fine or assessment, along with full
payment thereof within thirty (30) days of being notified of the fine or
assessment. The director shall convene a hearing on the matter within fourteen
(14) days of receiving the request from the regulated person. In the event the
regulated person's appeal is successful, any amounts paid by the regulated person
to the city shall be returned to the regulated person, without interest.
f. The imposition of an administrative fine, assessment or other charge shall not be a
prerequisite for taking any other action against the regulated person.
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SECTION 3. Adopting Section 21A.06.080 of Salt Lake City Code. That Chapter
21A.06 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials), shall be,
and hereby is, amended to adopt a new Section 21A.06.080, which shall read as follows:
21A.06.080: FINES HEARING OFFICER:
A. Creation: The position of fines hearing officer is created pursuant to the enabling
authority granted by the municipal land use, development, and management act, Section
10-9a-701 of the Utah Code.
B. Jurisdiction and Authority: The fines hearing officer shall have the powers and duties set
forth in Chapter 21A.20 of this title.
C. Qualifications: The fines hearing officer shall be appointed by the mayor with the advice
and consent of the city council. The mayor may appoint more than one fines hearing
officer, but only one fines hearing officer shall consider and decide upon any matter
properly presented for fines hearing officer review pursuant to Chapter 21A.20 of this
title. The fines hearing officer may serve terms of four(4) years each, which may be
renewed at the mayor's discretion. The fines hearing officer shall either be law trained or
have significant experience with the requirements and operations of administrative
hearing processes.
D. Conflict of Interest: The fines hearing officer shall not participate in any appeal in which
the fines hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44 of
this code.
E. Removal of the Fines Hearing Officer: The fines hearing officer may be removed by the
mayor for violation of this title, any relevant policies and procedures or any relevant
provision of state law following receipt by the mayor of a written complaint filed against
the fines hearing officer. If requested by the fines hearing officer,the mayor shall provide
the fines hearing officer with a public hearing conducted by a hearing officer appointed
by the mayor.
SECTION 4. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 16 day of October 2018.
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CHA SON
AT •
CITY RECORDS
Transmitted to Mayor on October 18, 2018
Mayor's Action: ,( Approved. Vetoed.
AYOR
CITY RECORDER (K5
,20t , s\ Salt Lake City Attorney's Office
pr v o Form
oo(SEAL) c , fv By.
ApRSAP Kimber y hytr , Senior CityAttorney
Date: 4- Zl
Bill No. 56 of 2018.
Published: October 31, 2018
HB_ATTY-#59230-v6-Zoning_Enforcement_Lien_Ordinance
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