Chapter 2.22 - ADMINISTRATIVE HEARINGS

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

2.22.000 - Purpose and intent.#

For specified municipal action, as more particularly defined and designated in this code, in which an adverse decision by a city official results in detriment to a person, it is the purpose and intent of the city council to afford that person due process of law by way of an administrative hearing. Due process shall require proper notice of the nature of the violation and the opportunity to be heard, a hearing before a fair and impartial administrative law judge, the right to present evidence, the right to cross-examination, the right to be represented by an attorney or other advocate, the right to receive an adequate explanation of the reasons justifying any resulting administrative order and the right to appeal an administrative order to the district court.

(Ord. 2004-03 (part))

2.22.010 - Effect of headings.#

Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of this chapter.

(Ord. 2004-03 (part))

2.22.020 - Severability.#

If any section, subsection, sentence, clause, phrase, portion or provision of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, portion or provision thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter.

(Ord. 2004-03 (part))

2.22.030 - Definitions.#

"Administrative citation" means a citation issued to a responsible person that gives notice of a violation and the civil fee for such violation.

"Administrative order" means an order issued by an administrative law judge. The order may include an order to enter upon private property to abate a violation of this code, to pay civil fees and administrative costs, to reverse or modify decisions of city officials as provided elsewhere in this code or take any other action as authorized or required by this chapter and applicable state codes.

"Administrative law judge" means a person appointed by the mayor or his designee to preside over administrative hearings.

"Itemized statement of costs" means a written notice to a responsible person, itemizing the city's actual costs and administrative cost of abating a code violation, ordering payment of those costs and advising the responsible person of the right to contest the reasonableness of the costs at an administrative hearing.

"Municipal action" means a notice of violation and summons, an administrative citation, an itemized statement of costs, a notice of emergency abatement or other notice of any other adverse municipal decision for which the right to an administrative hearing is specifically provided by ordinance.

"Notice of emergency abatement" means a written notice that informs a responsible person of emergency abatement actions taken by the city and provides and itemized statement of costs for those actions.

"Notice of violation and summons" means a written notice that informs a responsible person of code violations, orders certain steps to correct the violations, demands appearance at an administrative hearing and sets forth a date and time for the hearing.

"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, sergeant, officer or employee of any of them or any other entity that is recognized by law as the subject of rights or duties. For purposes of this chapter, "person" also indicates a person whose interest is adverse to the city at an administrative hearing.

(Ord. 2004-03 (part))

2.22.040 - Request for administrative hearing.#

Where the right to an administrative hearing has been established under this code, a person having that right may request an administrative hearing, if the request is filed within ten calendar days from the date of service of one of the following:

Itemized statement of costs as defined in Chapter 8.14;

Administrative citation as defined in Chapter 8.14;

Notice of emergency abatement as defined in Chapter 8.14; or

Notice of any other municipal action where the right to an administrative hearing is provided under any other title and chapter of this code.

The request for an administrative hearing shall be made in writing, and shall be accompanied by a filing fee to be established in the consolidated fee schedule. This fee shall not be waived.

The request shall comply with the following requirements:

It shall be in writing;

It shall contain a legible, plain statement of the reason or reasons that the person requesting the hearing is entitled to relief from the municipal action;

It shall be accompanied by a copy of the itemized statement of costs, administrative citation, notice of emergency abatement or other notice of municipal action for which the hearing is requested;

It shall contain the name of the person requesting the hearing and the address to which all notices and orders shall be mailed;

It shall be dated and signed by the person requesting the hearing; and

It shall be filed with the city recorder.

The city may initiate an administrative hearing by service and filing of a notice of violation and summons as provided in Chapter 8.14. Service of the notice of violation and summons shall be made as provided in Section 8.14.120.

Within twenty (20) days after receiving a request for an administrative hearing or the service of a notice of violation and summons, the administrative law judge shall schedule a date, time and place for the administrative hearing. Failure to hold the hearing within twenty (20) days of the request shall not be a basis for reversal of the municipal action. No adverse action, except an emergency abatement pursuant to Section 8.14.410, shall be taken pending the administrative hearing.

Failure to request an administrative hearing within ten calendar days from the date of service of any of the notices in subsection (A) above shall constitute a waiver of the right to an administrative hearing and the right to an appeal.

(Ord. 2004-03 (part))

2.22.050 - Notification of administrative hearing.#

Notice of the date, time, and place of the administrative hearing shall be served upon the person requesting the hearing no later than five city business days in advance of the hearing. Failure to provide timely notice of the hearing shall result in the continuation of the hearing. No adverse action will be taken or imposed by the city, with the exception of emergency abatement action pursuant to 8.14.410, pending the hearing.

Except in the case of a notice of violation and summons, the notice shall be served by mailing it to the address designated in the request for hearing and shall be deemed to have been served on the third day following the date of mailing. Notice of violation and summons shall be served in accordance with Section 8.14.120.

Upon service of the notice or notice of violation and summons, the person receiving the service shall be required to attend the administrative hearing at the appointed date and time.

(Ord. 2004-03 (part))

2.22.060 - Appointment and qualifications of the administrative law judge.#

The mayor, with the consent of the city council, shall appoint an administrative law judge to preside at administrative hearings.

The administrative law judge shall serve for a term of two years and, during that two-year term, shall be subject to removal by the mayor only for cause.

Cause for removal may be for any conduct unbecoming a hearing officer, dereliction of assigned duties or the existence of a bias or conflict of interest that might affect impartiality of decisions. The administrative law judge may appeal a removal for cause to the city council which shall uphold the removal if there is substantial evidence to support the mayor's decision.

A person appointed to serve as an administrative law judge shall either be law trained or have significant experience with the requirements and operation of administrative hearing processes. The person shall be free from any bias or conflict of interest that might affect impartiality of decisions.

An administrative law judge is subject to disqualification for bias, prejudice, interest or any other reason for which a judge may be disqualified in a court of law. The administrative law judge shall promulgate rules and procedures for disqualification and replacement.

(Ord. 2004-03 (part))

2.22.070 - Powers of administrative law judge.#

An administrative law judge shall have authority to hold an administrative hearing for violations of this code and such other matters as specifically designated by ordinance.

An administrative law judge may continue a hearing for good cause shown by one of the parties or if the administrative law judge independently determines that due process has not been adequately afforded to a party.

At the request of any party to an administrative hearing, an administrative law judge may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed helpful by the administrative law judge to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

The administrative law judge may modify civil fees or fines upon a finding of good cause. The administrative law judge may reduce the fines to what is just and equitable under the circumstances; however, in connection with an appeal regarding an itemized statement of costs, the administrative law judge may not order the responsible person to pay less than actual costs incurred by the city and shall require the responsible person to pay the administrative costs as established in the consolidated fee schedule.

The administrative law judge shall have the authority to reverse or modify the decision of a city official.

An administrative law judge has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of: granting a continuance; ordering compliance by issuing an administrative order; ensuring compliance of that order; authorizing the city to enter upon private property to abate a violation; modifying an administrative order, assessing costs of abatement, assessing civil fines; or, where extraordinary circumstances exist, granting a new hearing.

An administrative law judge may require a responsible person to post a performance bond to ensure compliance with an administrative order, but only if agreed to by the enforcement official handling the matter for the city.

An administrative law judge shall not make any order that would require or allow a person to violate state law or city ordinance.

(Ord. 2004-03 (part))

(Ord. No. 2009-02, 3-26-2009)

2.22.080 - Procedures at administrative hearing.#

Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, upon request made in writing reasonably in advance of a hearing, the city shall provide to a person requesting a hearing the opportunity to review documents, photographs or other tangible evidence it intends to present at the hearing and shall provide a list of the witnesses it intends to call at the hearing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow duly adopted policies and procedures.

The city shall bear the burden of proof to establish the existence of a violation of this code.

Such proof shall be established by a preponderance of the evidence.

Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

Administrative hearings shall be held at City Hall, open to the public and shall be recorded by audiotape; however, at the discretion of the administrative law judge, administrative hearings may be held at the location of a violation as long as adequate provision is made to preserve a verbatim record of the hearing.

The person shall have the right to be represented by an attorney or other advocate. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, address, and telephone number shall be given to the city attorney at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the city's request, and all costs of the continuance shall be assessed to the person requesting the hearing.

The burden to prove any raised defenses shall be upon the party raising any such defense and shall be established by a preponderance of the evidence.

Administrative hearings may be held on Mondays through Fridays, excluding city holidays, between the hours of eight a.m. and nine p.m.

(Ord. 2004-03 (part))

2.22.090 - Failure to attend administrative hearing.#

A person who fails to appear at an administrative hearing shall be deemed to have waived all rights in connection with the hearing, including the right to appeal. Provided that proper notice of the hearing has been given as provided in Section 2.22.050, an administrative order may be entered against a person based upon the failure to appear.

(Ord. 2004-03 (part))

2.22.100 - Administrative order.#

A person and the city may enter into a stipulated agreement, which shall be signed by both parties. Such agreement may be entered as an administrative order. Entry of such agreement shall constitute a waiver of the right to an administrative hearing and the right to appeal.

Within ten days after all evidence and testimony are presented, the administrative law judge shall issue a written administrative order that affirms, rejects or modifies the notice of violation and summons, itemized statement of costs, administrative citation, notice of emergency abatement or other municipal action.

If affirmed, the administrative order shall specify the evidence supporting the administrative law judge's decision and the action required to satisfy the order.

The administrative law judge may assign the party who prevails at the administrative hearing to prepare findings of fact and conclusions of law.

An administrative law judge may issue an administrative order that requires a person to cease from violating this code and to take any necessary corrective action.

An administrative law judge may order the city to enter the property and abate all violations, including the removal of animals in violation of an applicable code requirement. Whenever an order of abatement is entered, the administrative law judge shall order the responsible person to pay to the city the actual costs of the abatement and the administrative costs of the city to perform the abatement.

An administrative law judge may revoke a kennel permit, an animal license, the right to possess animals as provided in this code.

As part of an administrative order, an administrative law judge may establish specific deadlines for the payment of fees and costs, and condition the total or partial assessment of civil fees on the responsible person's ability to take necessary corrective actions by specified deadlines. Such fees shall continue to accrue until the responsible person complies with the administrative law judge's decision and corrects the violation.

An administrative order imposing civil fines for failure to abate a violation of the city code by a stated deadline, shall continue to accrue additional fines until the responsible person complies with the administrative law judge's decision and corrects the violation but shall not exceed one thousand dollars ($1,000.00).

An administrative law judge may schedule subsequent review hearings as may be necessary or as requested by the city to ensure compliance with an administrative order.

An administrative law judge may order a person to post a performance bond to ensure compliance with an administrative order, but only if agreed to by the enforcement official handling the matter for the city.

An administrative law judge may revoke or suspend a business license, a building permit, or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of real property or a structure where a violation is located as provided in this code.

An administrative order shall become final on the date of signing by an administrative law judge.

An administrative order shall be served on all parties as provided in Section 2.22.030.

An administrative law judge may take any action reasonably necessary to obtain compliance with the applicable city ordinances.

An administrative law judge may assess civil fines and costs of abatement and administrative costs to a responsible person.

(Ord. 2004-03 (part))

2.22.110 - Failure to comply.#

It shall be unlawful for any person to fail to comply with the terms and deadlines set forth in a final administrative order.

A violation of this section shall be a class B misdemeanor.

Upon failure of a person to comply with the terms and deadline set forth in the administrative order, the city may use all appropriate legal means to recover the civil penalties and administrative costs to obtain compliance.

(Ord. 2004-03 (part))

2.22.120 - Appeal.#

Any person adversely affected by a final administrative order made in the exercise of the provisions of this chapter may file a petition for review in the district court.

The petition shall be barred unless it is filed within thirty (30) days after the administrative order is final.

In the petition, the person may only allege that the administrative order was arbitrary, capricious or illegal.

The court shall:

Presume that the administrative order is valid;

Review the record to determine whether the order was arbitrary, capricious, or illegal; and

Affirm the administrative order if it is supported by substantial evidence in the record.

Within one hundred twenty (120) days after submitting the petition, the party petitioning for appeal shall request a copy of the record of the proceedings, including minutes, findings, orders and, if available, a true and correct transcript of the hearing when necessary.

The city shall not submit copies of files or transcripts to the reviewing court until the party petitioning for appeal has paid all required costs.

The petitioning party's failure to properly arrange for copies of the record, or to pay the full costs for the record, within one hundred eighty (180) days after the petition for review was filed shall be grounds for dismissal of the petition.

Upon receipt of the payment of all required costs the city will transmit a true and correct copy of the administrative hearing transcript.

If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection. If a transcript of a hearing cannot be prepared because the tape recording is incomplete or unintelligible, the district court may, in its discretion, remand the matter to the administrative law judge for a supplemental proceeding to complete the record. The district court may limit the scope of the supplemental proceeding to issues that, in the court's opinion, need to be clarified.

If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the administrative law judge and the court determines that the administrative law judge improperly excluded it. The court may call witnesses and take evidence if there is no record.

The filing of a petition for review with the district court does not stay execution of an administrative order. Before filing a petition, a person may request the administrative law judge to stay an administrative order. Upon receipt of a request to stay, the administrative law judge may order the administrative order to be stayed pending district court review if the administrative law judge finds such stay to be in the best interest of the city.

(Ord. 2004-03 (part))

(Ord. No. 2010-05, 4-28-2010)