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This chapter shall be administered and enforced by the health and safety officer. Whenever the health and safety officer determines that a nuisance exists, the following enforcement actions may be used in abating the nuisance:

1. Voluntary Correction Agreement. Except in the case of an emergency, before taking other steps to abate a nuisance, the health and safety officer shall make a reasonable attempt to secure a voluntary correction agreement to abate the nuisance as follows:

a. Where possible, the health and safety officer shall contact the responsible party and explain the nuisance and request the responsible party to abate the nuisance.

b. If the health and safety officer and the responsible party agree to terms for abating the nuisance, they shall enter into and sign a voluntary correction agreement. The voluntary correction agreement is a contract between the city and the responsible party in which the responsible party agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following terms:

i. The name and address of the owner and/or responsible party;

ii. The street address of the nuisance, or a description sufficient to identify the building, structure, property or land upon or within which the nuisance is occurring;

iii. A description of the nuisance;

iv. A description of the necessary corrective action that must be taken, and a date or time by which correction must be completed;

v. An acknowledgment and agreement by the responsible party that if the terms of the voluntary correction are not met, the city may enter the property to abate the nuisance and recover its associated costs and expenses;

vi. An acknowledgment and agreement by the responsible party that an administrative citation, with a corresponding penalty and fee, may be imposed and/or criminal prosecution may be initiated pursuant to this chapter;

vii. An acknowledgment and agreement by the responsible party that they waive the right to appeal the health and safety officer’s finding that a nuisance exists and that they waive the right to appeal the specific corrective actions required in the voluntary correction agreement.

c. Extensions. The health and safety officer may grant an extension of time for correcting or abating the nuisance if the responsible party has shown due diligence and/or substantial progress in correcting or abating the nuisance.

d. Completion. If the responsible party complies with the terms of the voluntary correction agreement, the city shall take no further action against the responsible party related to the nuisance described in the voluntary correction agreement unless the nuisance reoccurs.

e. No Agreement. If the health and safety officer and the responsible party cannot agree to terms for correcting or abating the nuisance, the officer may abate the nuisance using one (1) or more of the procedures set forth in this chapter or as allowed by state law or common law.

2. Administrative Citation. When the city is unable to secure a voluntary correction agreement, or if a responsible party fails to successfully complete a voluntary correction agreement, the health and safety officer may issue an administrative citation to the owner and/or responsible party as follows:

a. Order of Abatement. If abatement cannot be achieved through a voluntary correction agreement, or as otherwise authorized in this chapter, the health and safety officer shall issue an administrative citation, with an order that the nuisance be abated, setting forth the terms and conditions which must be followed to bring the subject property back into compliance with this chapter, including a specific time frame for complying with the order.

b. Content of Citation. The administrative citation shall contain the following information:

i. The name and address of the owner and/or responsible party;

ii. The street address of the nuisance or a description sufficient for identifying the building, structure, property or land upon or within which the nuisance is occurring;

iii. A description of the nuisance;

iv. The required corrective actions;

v. The completion date for correcting the nuisance;

1. Except in the case of an emergency, the health and safety officer shall allow a reasonable time to abate a nuisance, which shall be a minimum of at least ten (10) days;

vi. Notice that administrative fees may be assessed if the conditions of the administrative citation are not met, including a statement of the maximum daily fee which may be imposed;

vii. The citation shall include a statement that monetary penalty or fee will be waived if the required corrective actions are completed in a timely manner.

1. The statement on the waiver of penalties and fees shall not be included in an administrative citation that is being issued after an owner or responsible party has failed to comply with the terms of a voluntary correction agreement;

viii. Notice that, in addition to the administrative citation fee, the city may bring criminal charges of maintaining a nuisance, an infraction, if the nuisance continues beyond the completion date, and that a separate criminal offense may be charged once for every fourteen (14) day period that the violation continues;

ix. Notice that the city may abate the nuisance and charge the responsible party for all abatement costs if the responsible party does not correct the nuisance by the completion date; and

x. Notice of the right to appeal, including the procedure for filing an appeal.

c. Imposition of Administrative Fees. The city may impose an administrative citation fee of up to five hundred dollars ($500.00) for each fourteen (14) day period the violation continues in a residential zone, and up to one thousand dollars ($1,000) for each fourteen (14) day period the violation continues in a nonresidential zone.

i. A fee may not be imposed if the nuisance is abated by the completion date required in the citation.

ii. If the administrative citation is issued after an owner or responsible party fails to comply with a voluntary correction agreement, fees may be imposed beginning on the date the citation is issued.

iii. The administrative citation fee may be imposed once for every fourteen (14) day period the nuisance continues beyond the completion date required and set forth in the citation or in the voluntary correction agreement.

d. Administrative Citation After Failure to Complete a Voluntary Correction Agreement. If an owner or responsible party has entered into a voluntary correction agreement with the city, but has failed to abate the nuisance pursuant to the terms of that agreement, the health and safety officer may issue an administrative citation and immediately impose fees in the amounts provided for in this subsection. The health and safety officer shall not be required to grant any additional time to abate the nuisance than was previously provided in the voluntary correction agreement.

e. Administrative Citation Without Seeking a Voluntary Correction Agreement. The health and safety officer may issue an administrative citation without first seeking to secure a voluntary correction agreement in the following circumstances:

i. When the health and safety officer determines there is an emergency that presents a clear and present threat to the health, safety or welfare of the public; or

ii. When a responsible party has a history of two (2) or more events in which they have allowed a nuisance to occur. This shall include owners who have allowed multiple tenants to create or maintain a nuisance on property they own or control.

f. Notice of Administrative Citation. The health and safety officer shall serve the administrative citation on the responsible party and the owner pursuant to the requirements of Section 8.20.080.

3. Abatement by the City. The city may abate a nuisance in the following circumstances:

a. The terms of a voluntary correction agreement have not been met by the agreed upon completion date or extension;

b. The requirements of an administrative citation have not been complied with;

c. The requirements of an order by the appeal authority, issued pursuant to Section 8.20.160, have not been complied with;

d. The nuisance constitutes an emergency and is an immediate or emergent threat to the public health, safety or welfare or to the environment.

i. The city may summarily, and without prior notice, remove, correct or abate the nuisance to protect the public health, safety and welfare;

e. Notice of the nuisance and the abatement actions taken by the city, including the costs of such abatement efforts, shall be provided to the owner and responsible party as soon as possible after the abatement.

4. Civil Actions. Either the city or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this chapter or pursuant to Utah State law.

5. Abatement by Eviction. Whenever there is reason to believe that a nuisance under Section 8.20.030(2)(a) is kept, maintained, or exists in the city, the city attorney or any citizen residing in the city, or any person or entity doing business in the city, in their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in Utah State law.

6. Criminal Actions. It is unlawful for any person, firm or corporation, either as owner, agent or occupant, to maintain or permit to be maintained upon any property any nuisance as defined by this chapter. In addition to any other remedy provided for by this chapter, any person who shall allow or maintain a nuisance upon any property, or who otherwise violates this chapter, shall be guilty of an infraction. Each day a nuisance is permitted to continue or be maintained shall constitute a separate offense.

a. Upon being found guilty of an offense under this chapter, the court may impose the following sanctions:

i. A fine equivalent to the fees set forth in number (2)(c) above;

ii. An order that the defendant take any steps necessary to abate the nuisance.

b. If the alleged nuisance is also a violation of a provision of Lindon City Code (other than this nuisance chapter) or state law, the responsible party may be charged under the specific provision of City Code or state law, even if the officer did not first attempt to obtain a voluntary correction agreement as provided in number 1 above.

c. Any person who knowingly obstructs, impedes or interferes with the city or its agents, or with the responsible party, in the performance of duties imposed by this chapter, is guilty of an infraction and, upon conviction, subject to penalty as provided in this section.

7. Consultation with City Council. Prior to initiating any of the enforcement actions identified in numbers 3, 4, 5, or 6 of above, the health and safety officer must receive approval fom the city administrator. The city administrator shall advise and consult with the city council before granting approval to initiate any such action.

a. Consultation with the city council is not required if an alleged nuisance constitutes an emergency that presents a threat to the public’s health, safety, or welfare. (Ord. 2023-20 §1, amended, 2023; Ord. 2020-4 §1, amended, 2020)