15.04.050 Violation – Penalty.
1. Any person, firm, entity, or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this title shall be guilty of a Class C misdemeanor. For purposes of enforcement under this section, the provisions of this title shall include the provisions, requirements and restrictions of all of the codes and regulations referenced and adopted in Title 15. A separate criminal offense may be charged once for every fourteen (14) day period that the violation continues.
2. In addition, Lindon City, by action of the city council, may institute an injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, or maintenance.
3. Notice.
a. Upon inspection and discovery that any provision of this title is being violated, the building official, or his agent, 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.
b. Each 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 building official intends to take if the violation is not corrected within the warning period.
c. The written notice shall be delivered personally or mailed to the property owner, as shown on the records of the county recorder, and to any other person who may be responsible for the violation. Receipt of notice shall be deemed to occur upon the earlier of the date written notice is delivered or three (3) days after the notice is mailed as provided herein.
d. The written notice shall serve to start any warning periods provided in this section commencing upon receipt of notice. If the violation remains uncured within five (5) days after the expiration of the warning period, a second notice shall serve to start the civil penalties after the expiration of the warning period established in this section.
4. Warning Period. There shall be a twenty-eight (28) day warning period for all violations of this title.
5. Civil Penalties. Violations of the provisions of this title shall result in the following civil penalties, after expiration of the warning period established herein:
a. For violations in residential zones, or residential use, up to five hundred dollars ($500.00) for each fourteen (14) day period the violation continues.
b. For violations in all nonresidential zones, or nonresidential use, up to one thousand dollars ($1,000) for each fourteen (14) day period the violation continues.
c. Each fourteen (14) day period a violation is continued or maintained after receipt of notice shall give rise to a separate civil penalty for each violation.
6. Violation Appeal Procedures.
a. An appeal of a violation determination and/or suggested action by the city shall follow the appeal procedures outlined in Chapter 17.09, except that:
i. The appeal authority for violation determinations shall be the city council; and
ii. The appeal period (time to appeal) shall be valid for no longer than ten (10) days after expiration of the warning period. No appeals will be accepted after expiration of the appeal period.
7. Collection of Civil Penalties. Collection of civil penalties imposed under this section may be collected by Lindon City as provided for in Title 1, Chapter 18 of this code. Forbearance by the building official to collect civil penalties shall not relieve the responsibility to pay any penalty, to cure the violation, nor shall it require the city to reissue any of the notices required by this section.
8. Nonexclusive Remedies. Any one (1), all or any combination of the penalties and remedies set forth in this section, or any other sections of this title or the code and regulations adopted thereby, may be used to enforce the provisions of this title. (Ord. 2023-20 §2, amended, 2023; Ord. 2002-25, amended, 2002; Ord. 65 §3, amended, 1979)