17.04.410 Violation—Notice—Penalties.
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 an infraction and upon conviction thereof shall be punished as provided by law. For ongoing violations, a separate offense may be charged once for every fourteen (14) day period the violation continues.
2. In addition, the following may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, or maintenance or use:
a. Lindon City by action of the city council;
b. Any owner of real estate within the zoning district in which an alleged violation of this division has occurred.
3. Notice.
a. Upon inspection and discovery that any provision of this title is being violated, the zoning administrator, 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 zoning administrator 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.
e. In cases where the zoning administrator 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 zoning administrator may seek immediate enforcement without prior written notice by instituting any of the remedies, other than civil penalties, authorized by this section.
4. Warning Period. There shall be a twenty-eight (28) day warning period for all violations of this title, except as provided in subsection (3)(e) of this section.
5. Civil Penalties. Violations of the provisions of this title may result in the imposition of the following civil penalties, after expiration of the warning period established herein.
a. For violations in residential zones, or residential use, a civil penalty of 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, a civil penalty of up to one thousand dollars ($1,000) for each fourteen (14) day period the violation continues.
c. Each fourteen (14) day period that 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 zoning administrator 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 Title 15 or the code and regulations adopted thereby, may be used to enforce the provisions of this title. (Ord. 2023-20 §3, amended, 2023; Ord. 2003-3, amended, 2003; Ord. 111 §1, amended, 1985; Prior code §12-101-8; Ord. 2010-4, amended, 2010)