2-4-070 Remedies and Enforcement Powers

Any violation of the provisions of this Code shall be subject to the enforcement remedies and penalties provided by this Chapter and by Utah law, including, but not limited to, any of the following: A. Withhold Permit. The County may deny or withhold all permits, certificates, or other forms of authorization pertaining to any land or improvements when an uncorrected violation exists with regard to such land or improvement pursuant to this Code or to a condition or qualification of a permit, certificate, approval or other authorization previously granted by the County Commission, Planning Commission, Hearing Officer, or other County officer. The County may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this section shall apply regardless of whether the original applicant or owner or current applicant or owner is responsible for the violation in question. B. Revoke Permit. Any permit may be revoked by the Zoning Administrator when the Zoning Administrator determines the permit was procured by false representation or was issued by mistake. 1. When a permit is revoked hereunder for false representation or mistake, a notice of a revocation shall be in writing and may be served upon the owner, the owner's agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued. A notice of revocation shall be posted in a prominent location; and, thereafter, no such construction shall proceed under such permit. 2. When plans conflict with applicable requirements, in lieu of revoking a permit, such plans may be modified to conform with applicable requirements as determined appropriate by the Zoning Administrator. 3. When a mistake has been made calculating the fee for any permit, the proper fee shall be assessed and paid by the permit holder within ten (10) days of notification. C. Stop Work. In accordance with its power to stop work under the building code, the County may stop work, with or without revoking permits, on any building or structure on land where there exists an uncorrected violation of a provision of this Code, a permit, or other form of authorization issued hereunder. D. Revoke Plan or Other Approval. Where a violation of this Code involves failure to comply with approved plans or a condition upon which plan approval was subject, the original authorizing or approving body or officer may, after ten (10) days’ notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a hearing: 1. Revoke the plan or other approval; or 2. Condition its continuance on strict compliance, the provision of security, or such other conditions as the original authorizing or approving body or officer may reasonably impose. E. Injunctive Relief. The County may seek an injunction or other equitable relief in the district court to stop, prevent or enjoin any violation of this Code, or a permit, certificate, or other form of authorization granted hereunder. F. Abatement. The County may seek a court order from the district court in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition which existed prior to the violation. G. Penalty. A violation of any provision of this Code shall be punishable either: 1. As a class C misdemeanor upon conviction, or 2. By imposing a civil penalty as provided in Section 2-4-092 of this Code. H. Separate and Continuing Violation. Each day that any violation of this Code is committed, maintained, continued or permitted shall be considered a separate offense for purposes of the penalties and remedies available to the County. Accumulation of the penalties for violations, but not the obligation for payment of penalties already accrued, shall stop on correction of the violation. I. File a notice of noncompliance. File a notice of noncompliance with the County Recorder’s Office. J. Other Remedies. The County shall have such other remedies as are and as may be from time to time provided by Utah law or County ordinance for the violation of any provision of this Code. K. Remedies Cumulative. These remedies shall be cumulative.