11-3-6 Violation And Penalty

A. Permits to Comply: The building inspector shall not approve a permit for the construction or alteration of any building or structure or the moving of a building or structure onto a lot, if such building or structure would be in violation of any of the provisions of this title, nor shall any town officer grant any permit or license for the use of any building or land if such use would be in violation of this title. B. Penalty: Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provisions of this title, including the provisions of a validly issued conditional use permit, shall be guilty of a class C misdemeanor, subject to penalty as provided in section 11-3-7 of this code, and such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continues or permitted by such person, firm or corporation. C. Violation; Notice and Order: 1. Upon inspection and discovery that any provision of this title is being violated, the town clerk in conjunction with the town council shall provide a written notice of violation and order to the property owner and to any other party who may be responsible for the violation. a. The written notice and order shall: i. Indicate the nature of the violation; ii. Order the action necessary to correct the violation; iii. Give information regarding the established warning period for the violation; and iv. State the action the town council intends to take if the violation is not corrected within the warning period. 2. The written notice shall be served upon the property owner and/or the violator in the same manner as service of a summons pursuant to the Utah rules of civil procedure. Actual notice shall be required. 3. The written notice shall commence a twenty eight (28) day warning period beginning with the receipt of notice. If the violation remains unresolved after the expiration of the warning period, a final notice of violation and order shall be served, and ten (10) days after receipt of that final notice the imposition of daily penalties shall commence. 4. In cases where the town council determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this title, the town clerk, upon approval from the town council may seek immediate enforcement without prior written notice by instituting any of the remedies, other than civil penalties, authorized by section 11-3-7 of this chapter.