The text
Sec. 2.10.010 - Code enforcement procedures.#
1.
Administrative citation: The city may issue an administrative citation for civil enforcement for any violation of the Kamas City Code according to the process set forth in chapter 8.08. The city mayor, or designee, shall issue the citation containing all requirements described by this section. Abatement of the violation shall not void or satisfy the fee or penalty assessed for the violation. Nothing in this section or issuance of an administrative citation described in this section shall limit or preclude the city from filing criminal charges for any violation of the city code. No administrative citation may be issued for code violations designated as a Class B misdemeanor or above.
2.
Collection:
a.
City billing account: Fines and fees imposed by an administrative citation shall, after expiration of the time to appeal or after a decision on appeal is issued upholding the citation, may be added to the responsible party's utility billing account, in accordance with chapter 7.06.
b.
Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city shall sue and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest, and court costs, and shall execute upon such judgment in the manner provided by law. The city may also assign its right to enforce and collect such expenses to a collection agency or other entity for collection, which entity shall have the same right to collect as if they were the city.
c.
Taxes: In the event that the code enforcement officer elects to refer the expenses of correction, destruction, or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver three copies of the statement to the county treasurer within ten days after the completion of the work (e.g., destroying or removing such weeds, refuse, garbage, objects or structures.) Thereupon, the costs of the work shall be pursued by the county treasurer in accordance with the provisions of U.C.A. § 10-11-4, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
3.
Criminal proceedings: The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to city code.
(Ord. No. 2024-04, § 1(Exh. A), 7/9/2024)