Chapter 8.14 - CODE ENFORCEMENT PROGRAM
Part of the Code of Ordinances of South Salt Lake, UT.
The text
Sections:
8.14.010 - Short title.#
This chapter shall be known as the "Code Enforcement Program." This chapter shall also be known as Title 8, Chapter 14 of the South Salt Lake City Code. It may be cited and pleaded under either designation.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.020 - Purpose.#
The enforcement of state law and the South Salt Lake City Code is essential to the peace, quality of life, health, safety, and morals of the community. Code enforcement is effective when done quickly and fairly. An enforcement system that allows for a combination of emergency, judicial, and administrative remedies is effective for correcting violations.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.030 - Scope.#
The provisions of this chapter may be applied to all violations of state law and City Code that occur within city limits. This chapter establishes procedures and remedies that may be used by the city to achieve compliance with applicable codes, including procedures that may be used to curtail an emergency. This chapter also provides an appeal procedure from civil enforcement actions.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.040 - Existing law continued.#
The provisions of this chapter shall not invalidate any other title, chapter, or ordinance of the city, but shall be read in conjunction with those titles, chapters, and ordinances and shall be used as an additional remedy for enforcement of violations thereof.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.050 - Criminal prosecution right.#
The city shall have sole discretion in deciding whether to file a civil and/or criminal case or pursue an administrative enforcement action for the violation of state law or any of the city's ordinances or requirements. The enactment of this chapter shall not be construed to limit the city's right to prosecute any violation as a criminal offense.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.060 - 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. No. 2020-06, § VI, 6-3-2020)
8.14.070 - 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 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 (1) 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. No. 2020-06, § VI, 6-3-2020)
8.14.080 - Civil liability.#
By establishing performance standards or obligations to act, it is the intent of the city that South Salt Lake City employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.090 - General rules of interpretation.#
For purposes of this chapter: A.
Any gender includes the other gender;
B.
"Shall" is mandatory; "may" is permissive;
C.
The singular number includes the plural, and the plural the singular;
D.
Words used in the present tense include the past and future tense, and vice versa;
E.
Words and phrases used in this chapter and not specifically defined shall be construed according to the context and ordinary usage of the language; and
F.
Unless otherwise specified, the terms "hereof," "herein," and similar terms refer to this chapter as a whole.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.110 - Acts include causing, aiding, and abetting.#
Whenever any act or omission is made unlawful in this chapter, the act or omission shall also include the causing, permitting, aiding, or abetting such act or omission.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.120 - Service of notice requirements.#
A.
Whenever notice is required under this chapter, the notice shall be served by one (1) of the following methods, unless different provisions are otherwise specifically stated to apply:
1.
Upon a property owner:
a.
Service by sending a copy of the notice by mail to the address of the property owner as listed on the rolls of the Salt Lake County Recorder; or
b.
Personal service.
2.
Upon a tenant of real property:
a.
Service by sending a copy of the notice by mail addressed to "resident". Business owner, or the name of the tenant, if known, at the address of the property that is the subject of the code enforcement proceeding; or
b.
Personal service.
3.
Upon a business owner:
a.
Service by sending a copy of the notice by mail to the address on file with the Community Development Department; or
b.
Personal service
4.
Notwithstanding any other Code provision, personal service upon any responsible person shall be sufficient to meet the service of notice requirements of the Code.
B.
Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth in subsection A(1), (2), or (3) of this section.
C.
Service by mail in the manner set forth in subsection (A) shall be deemed served on the third day after the notice is sent.
D.
As long as a responsible person is served, the failure to serve any other responsible person with notice in accordance with this section shall not affect the validity of any proceeding taken hereunder.
E.
Whenever a document is recorded with the county recorder as authorized or required by this chapter or applicable state codes, recordation shall provide constructive notice to the public of the information contained in the recorded documents.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.130 - General enforcement authority.#
Whenever an enforcement official finds that a violation of state law or the South Salt Lake City Municipal Code has occurred or continues to exist, the official may undertake any of the procedures herein. The Director of Urban Livability or any designated enforcement official shall have the authority to obtain compliance with the provisions of this Code subject to the provisions of this chapter. Such authority shall include the power to issue notices of violation and summons and administrative citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this chapter or at law.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.140 - Hearing and review authority.#
The administrative law judge is the default arbiter for review of code violations charged by administrative citation or notice of violation and summons. The administrative law judge shall have the authority to make final administrative determinations in administrative proceedings, may assess civil fines, may order the abatement of violations, may assess costs of abatement to a responsible person, and may conduct any other form of administrative review as designated by ordinance.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.150 - Adoption of policy and procedures.#
The Mayor or the Mayor's designee shall establish policies and procedures relating to the enforcement of city ordinances, maintaining records, and other administrative functions.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.160 - Choice of remedies.#
The enforcement official shall have the choice of which remedies to pursue for a given violation. Abatement does not have to be preceded by a citation, nor is there any necessity to hold a hearing prior to any remedy, unless stated by this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.170 - Authority to inspect.#
Enforcement Officials are authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of this Code are being obeyed and to make any reasonable examination or survey necessary to determine compliance with this Code, in a manner that is consistent with the Fourth Amendment to the United States Constitution and the Constitution of the State of Utah. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.180 - False information or refusal prohibited.#
It is unlawful for any person to willfully make a false statement or refuse to give his/her name or address with intent to deceive or interfere with the performance of an enforcement official's duties under the provisions of this Code. A violation of this section shall be a Class B misdemeanor.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.190 - Failure to obey a subpoena.#
It is unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative hearing. A violation of this section shall be a Class B misdemeanor.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.200 - Administrative citation.#
A.
Upon discovering a violation of state law or the South Salt Lake City Municipal Code, an enforcement official may serve an administrative citation on a responsible person.
B.
The administrative citation shall be served in the manner prescribed in Section 8.14.120 of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.210 - Contents of citation.#
Each administrative citation shall contain the following information: A.
The name and address (if known) of the responsible person;
B.
The date and location of each violation;
C.
The Code sections violated;
D.
The amount of the civil fee imposed for each violation;
E.
An explanation of how the civil fee shall be paid, the time period in which the civil fee shall be paid, and the consequences of failure to pay the civil fee when due;
F.
Identification of the right to and the procedures for requesting an administrative hearing as set forth in Section 2.22.040 of this Code; and
G.
The signature of the enforcement official and, if possible, the signature of the responsible person.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.220 - Civil fees assessed.#
A.
Civil fees shall be due and payable immediately upon service of an administrative citation.
B.
The civil fee for each violation listed on the administrative citation shall be established in the city's consolidated fee schedule and shall be paid within ten (10) days of service.
C.
Civil fees shall be double if paid after ten (10) days but within twenty (20) days of service.
D.
Civil fees shall be triple if paid after twenty (20) days but within thirty (30) days of service.
E.
A timely request for an administrative hearing shall stay the doubling or tripling of fees.
F.
Civil fees not paid after thirty (30) days shall be subject to collection costs, including, but not limited to, administrative fees, attorney fees, interest and other expenses, and any statutory maximum in this Code or state law; as well as the initial treble fee set out by subsection D of this section.
G.
Payment of any civil fee shall not excuse a failure to correct a violation or any reoccurrence of the violation, nor shall it bar further enforcement action by the city.
H.
Civil fees shall be paid to the City of South Salt Lake at:
City of South Salt Lake
C/O City Attorney's Office
220 E Morris Ave
South Salt Lake, UT 84115
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.230 - Administrative citation hearing.#
A.
A responsible person that has received an administrative citation shall have the right to contest the citation at an administrative hearing. A request for administrative hearing shall comply with the requirements set forth in Section 2.22.040 of this Code.
B.
Failure to timely request an administrative hearing and pay any administrative hearing fee shall constitute a waiver of the right to a hearing and a waiver of the right to appeal.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.240 - Authority to mandate appearance at hearing.#
A.
When issuing an administrative citation, an enforcement official may require, upon notice, a responsible person, to appear at an administrative hearing to answer the allegations. The hearing shall be conducted in accordance with Section 2.22.080 of this Code, and the citation shall be issued so as to comply with the notice requirements of Section 2.22.050.
B.
The administrative citation shall be served in the manner prescribed in Section 8.14.120 of this chapter.
C.
The responsible person shall not be required to pay an administrative hearing fee if the enforcement official issues a citation requiring appearance at an administrative hearing, and doubling and tripling fee provisions shall be calculated from the date of adjudication, rather than the date of violation.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.250 - Contents of mandatory appearance citation.#
A citation mandating appearance shall contain the following information: A.
The name and address of the responsible person;
B.
The date and location of each violation;
C.
The Code sections violated;
D.
The date of the mandatory hearing;
E.
A demand that the person appear at the administrative hearing;
F.
A summary of the responsible person's rights at the administrative hearing;
G.
A statement that failure to appear at the administrative hearing will result in an administrative order being entered against the responsible person and waiver of the right to appeal the order; and
H.
The signature of the enforcement official, and if possible, the signature of the responsible person.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.260 - Failure to appear at mandatory hearing.#
The city may proceed with an administrative hearing and the administrative law judge shall take evidence, which may be received by proffer, and may enter an administrative order upholding the citation and imposing fees in accordance with the fee schedule when a responsible person who, after receiving notification of a mandatory appearance, fails to appear at the hearing.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.270 - Administrative abatement.#
Any condition caused, maintained, or permitted to exist in violation of any provision of state law or the South Salt Lake City Municipal Code may be abated by the city pursuant to the procedures set forth in this chapter. The Director of Urban Livability shall determine whether abatement, administrative citation, or other choice of action is preferred for a certain circumstance. Abatement is an additional remedy to an administrative citation and not be subordinate or superior to it. Abatement and removal, without prior administrative process, is allowed to prevent public injury associated with a state law or City Code violation during a declared emergency.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.280 - Notice of violation and summons and hearing.#
A.
Whenever an enforcement official determines that a violation of the South Salt Lake City Municipal Code has occurred or continues to exist, a notice of violation and summons may be served upon the responsible person. the notice of violation and summons shall include the following information:
1.
The name and address of the responsible person;
2.
The street address of the violation;
3.
The date of the violation;
4.
The Code section(s) violated;
5.
A description of the condition(s) that violates the applicable Code section(s);
6.
A statement of the remedial action required to voluntarily abate any violation, including corrections, repairs, demolition, removal, or other appropriate action;
7.
The deadline to correct the violation;
8.
An explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation and summons, including civil fines; revocation of permits; recordation of the notice of violation and summons; withholding of municipal permits; involuntary abatement of the violation; payment of actual costs of abatement; payment of administrative costs; liens placed on real property, and any other legal remedies;
9.
A statement that civil fees will begin to accrue immediately on expiration of the deadline to correct violation together with the amount of the civil fee for each violation and a statement that the civil fee shall accrue daily until the violation is corrected;
10.
A demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the city;
11.
A statement that when the violation is brought into compliance, the responsible person must request an inspection;
12.
The date and time set for the administrative hearing;
13.
A demand that the responsible person appear at the administrative hearing;
14.
A summary of the responsible person's rights at the administrative hearing;
15.
A statement that failure to appear at the administrative hearing may result in an administrative order being entered against the responsible person and that the right to appeal the administrative order will have been waived; and
16.
A statement that an administrative fee will be assessed regardless of whether the violation is corrected by the established deadline.
B.
The notice of violation and summons shall be served in the manner prescribed in Section 8.14.120 of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.290 - Failure to attend notice of violation and summons hearing.#
When a responsible person who, after receiving notification of an administrative hearing as provided in Section 8.14.280 of this chapter, fails to appear at the hearing, the administrative law judge, upon receiving evidence of the alleged violation, shall enter an administrative order requiring the action demanded in the city's notice of violation and summons and granting the city authority to go upon the private property to abate the violation if the responsible person fails to do so by the deadline established in the notice of violation and summons.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.300 - Failure to comply with administrative order.#
It is unlawful for any responsible person to fail to comply with the terms and deadlines set forth in an administrative order enforcing a notice of violation and summons. Violation of this section shall be a Class B misdemeanor.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.310 - Inspections.#
It is the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If city conducted abatement occurs, no such inspection shall be necessary for work conducted by the City or its agent. If more than one (1) inspection is necessary, an inspection fee set by the city's consolidated fee schedule shall be assessed for each subsequent inspection.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.320 - Authority to abate.#
Under authority of an administrative order enforcing a notice of violation and summons or a citation for which appearance was mandatory and a hearing was held, the Director of Urban Livability or the Director's designee and any necessary agents are authorized to enter upon private property to abate a violation of this Code. The director shall seek an order from the administrative law judge to assess all costs for abatement to the responsible person and may use any remedy available under the law to collect such costs. If additional abatement is necessary within two (2) years treble fines and penalties shall be assessed against the responsible person in addition to other remedies and abatement costs.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.330 - Procedures for abatement.#
A.
Violations may be abated by city personnel or by a private contractor acting under the direction of the city.
B.
Pursuant to an administrative order, or in a declared emergency that is exacerbated by the violation, city personnel or a private contractor may enter upon private property in a reasonable manner to abate a violation as required by the emergency circumstances or as specified in the notice of violation and summons and administrative order.
C.
If a responsible person abates the violation before the city abates the violation pursuant to a notice of violation and summons or administrative order, consistent with the administrative order, the Director of Urban Livability or the director's designee shall assess all costs actually incurred by the city against the responsible person.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.340 - Civil Fees.#
A.
If a responsible person fails to correct a violation by the deadline listed in a notice of violation and summons or an administrative order entered after a hearing on a citation for which appearance was mandated, civil fines shall be paid to the city as follows:
1.
For each violation, the civil fine shall be as shown in the consolidated fee schedule;
2.
After notice and reasonable opportunity to cure has lapsed, each and every subsequent day of violation shall be a separate violation until the violation is corrected;
3.
The maximum amount of civil fines for each violation that may accrue under subsection (A)(2) shall be one thousand dollars ($1,000.00);
4.
An administrative charge, consistent with state law, in an amount to be established in the consolidated fee schedule shall be assessed regardless of whether a responsible person remedies the violation by the deadline set forth in the notice of violation and summons.
B.
Payment of a civil fine shall not excuse any failure to correct a violation or the reoccurrence of the violation, nor shall it bar further enforcement action by the city.
C.
Civil fines shall be paid to the City of South Salt Lake:
City of South Salt Lake
C/O City Attorney's Office
220 E Morris Ave
South Salt Lake, UT 84115
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.350 - Procedures for recordation/lien.#
A.
For violations of the South Salt Lake City Municipal Code, when a notice of violation and summons or a citation mandating appearance has been served on a responsible person, an administrative hearing held, and the violation remains uncorrected after the deadline to correct set forth in the notice of violation and summons or the administrative order entered after a hearing, the director shall cause to be recorded the notice of violation and summons and administrative order or mandatory citation and administrative order with the Salt Lake County Recorder's office.
B.
The recordation of an administrative order shall not be deemed an encumbrance on the property but shall merely place interested parties on notice of any continuing violation found upon the property. However, if after an administrative hearing authorizing abatement or other related tasks, costs are incurred by the city, either in administration or in abating the violation or other related tasks, and the costs are not paid, a lien or garnishment may be placed to recover costs and may be considered an encumbrance on the property.
C.
Notice of the recordation shall be served in the manner prescribed in Section 8.14.120 of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.360 - Notice of compliance.#
A.
When a violation is corrected, a responsible person shall request an inspection from the Director of Urban Livability or the director's designee.
B.
When the Director of Urban Livability or the director's designee receives such request, the director or the director's designee shall perform an inspection of the property to determine whether the violation has been corrected, all necessary permits have been issued, and all final inspections have been performed as required by applicable codes.
C.
The Director of Urban Livability or the director's designee shall serve a notice of compliance in the manner prescribed in Section 8.14.120 of this chapter if the director determines that:
1.
All violations listed in the recorded notice of violation and summons and administrative order have been corrected;
2.
All necessary permits have been issued and finalized;
3.
All assessed civil fees have been paid; and
4.
All assessed administrative fees and costs have been paid.
D.
If a notice of violation and summons and administrative order has been recorded with the Salt Lake County Recorder, the Director of Urban Livability or the director's designee shall cause to be recorded the notice of compliance with the recorder's office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation and summons and administrative order.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.370 - Prohibition against issuance of municipal permits.#
The city shall withhold business licenses, permits for kennels, 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 the real property or the structure where a violation is located. The city shall withhold such permits until a notice of compliance has been issued by the Director of Urban Livability or the director's designee. The city shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.380 - Emergency abatement.#
A.
Whenever the city determines that an imminent life safety hazard exists that requires immediate correction or elimination, the city shall exercise the following powers without prior notice to the responsible person:
1.
Order the immediate vacation of any tenants, and prohibit occupancy until all repairs are completed;
2.
Post the premises as unsafe, substandard, or dangerous;
3.
Board, fence, or secure the building or site;
4.
Raze and grade that necessary portions of the building or site to prevent further hazard to the general public;
5.
Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or
6.
Take any other action appropriate to eliminate the emergency.
B.
Enforcement officials may, based on exigent circumstances, enter property without a search warrant or administrative order to accomplish the above listed acts.
C.
The city shall pursue only the correction or abatement necessary to eliminate the immediacy of a public health hazard or imminent life safety hazard. Costs incurred by the city during the emergency abatement process shall be calculated and an itemized statement of costs shall be prepared. Further correction needed to bring the violation into compliance shall follow the notice of violation and summons procedures set forth in this chapter.
D.
The Director of Urban Livability or the director's designee may also pursue any other administrative or judicial remedy to abate any remaining violations.
E.
After an emergency abatement, the city shall, within ten (10) days, serve the itemized statement of costs in the manner prescribed in Section 8.14.120 of this chapter. Such notice shall include a description of the imminent public health or life safety hazard warranting the emergency abatement.
F.
A responsible person has the right to contest the need for the emergency abatement and/or the reasonableness of the itemized statement of costs at an administrative hearing. A request for such hearing shall be filed within ten (10) days from the date of service of the notice of itemized statement of costs in accordance with Section 2.22.040 of this Code. Failure to request an administrative hearing shall constitute a waiver to an administrative hearing and waiver of the right to appeal.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.390 - Assessment of costs.#
A.
Whenever actual costs are incurred by the city to remedy violations of this Code, such costs shall be assessed against the responsible person. In addition to the actual costs to the city to abate the violation, an administrative cost, in the amount established in the consolidated fee schedule, shall also be assessed.
B.
When abatement is completed, the Director of Urban Livability or the director's designee shall prepare an itemized statement of costs.
C.
The Director of Urban Livability or the director's designee shall cause to be served the itemized statement of costs by certified mail to the last known address of the responsible person. The notice shall demand full payment within thirty (30) days to the City of South Salt Lake. It shall advise the responsible person of the right and the procedures to request an administrative hearing to challenge the reasonableness of the costs assessed.
D.
A responsible person shall have a right to an administrative hearing to contest the reasonableness of the itemized statement of costs. After receiving an itemized statement of costs, the responsible person shall pay the costs assessed within thirty (30) days unless an administrative hearing is requested to challenge the accuracy of the statement. A request for such hearing shall be in writing and shall be filed within ten (10) days from the date of service of the itemized statement of costs in accordance with Section 2.22.040 of this Code. Failure to request an administrative hearing as provided shall constitute a waiver to an administrative hearing and a waiver of the right to appeal.
E.
If a responsible person fails to pay costs by the deadline imposed in an administrative order, the Director of Urban Livability or the director's designee shall take such steps as are necessary to record with the Salt Lake County Recorder a lien against the property.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.400 - Late fee and interest.#
The failure of any person to pay assessed costs by the deadline specified in an invoice shall result in a late fee calculated at the rate of one and one-half (1½) percent per month but shall not be less than the minimum late fee established in the consolidated fee schedule.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.410 - Administrative cost fund.#
Administrative costs and fees collected pursuant to this chapter shall be deposited in a fund, as established by the city for the enhancement of the city's code enforcement efforts and to reimburse city departments for costs associated with the administration of this chapter. Fees and costs deposited in this fund shall be allocated pursuant to the city's budget process and as authorized by applicable law.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.14.420 - Allocation of civil fees.#
Civil fees collected pursuant to this chapter shall be deposited in the South Salt Lake City General Fund. Civil fees deposited in the general fund may be allocated pursuant to the city's budget process and as authorized by applicable law.
(Ord. No. 2020-06, § VI, 6-3-2020)