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Title 5
ADMINISTRATIVE CODE ENFORCEMENT HEARING PROGRAM

5-2-3. Notice of violation.

(1) Whenever the ordinance enforcement administrator or designated enforcement official determines that a violation of the Tooele County Code, zoning ordinance, or applicable state statutes has occurred or continues to exist, the Administrator or enforcement official may choose to proceed under the administrative abatement procedure. If this procedure is used, a notice of violation shall be issued to a responsible person. The notice of violation shall include the following information:

(a) name of property owner;

(b)street address of violation;

(c) the date when the violation was observed;

(d)all codes violated and a description of condition of the property that violates the applicable codes;

(e)a statement explaining the type of remedial action required to permanently correct outstanding violations, which may include corrections, repairs, demolition, removal, or other appropriate action;

(f)a specific date to correct the violations listed in the notice of violation, which date shall be at least ten days from the date of service;

(g)an explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to, criminal prosecution, civil penalties, revocation of permits, recordation of the notice of violation, withholding of future county permits, abatement of the violation, costs, administrative fees, and any other legal remedies;

(h)a statement that civil penalties will begin to accrue immediately on expiration of the date to correct violations;

(i)the amount of the civil penalty on each violation and a statement that the penalty will accrue daily until the property is brought into compliance;

(j)a statement that only one notice of violation is required for any 12-month period and that civil penalties begin immediately upon any subsequent violations of the notice. The responsible person may request a hearing on the renewed violations by following the same procedure as provided for the original notice; and

(k)procedures to request a hearing as provided in Section 5-5-3 and consequences for failure to request a hearing.

(2) The notice of violation shall be served by one of the methods of service listed in Section 5-2-1

(3) More than one notice of violation may be issued against the same responsible person if it encompasses different dates or different violations. (Ord. 2005-05, 2/15/05 )

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