UT
Utah House Bill HB0320

Utah 2025 Regular Session

Utah House Bill HB0320 Compare Versions

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1-02-24 16:31 2nd Sub. (Gray) H.B. 320
1+02-18 10:09 1st Sub. (Buff) H.B. 320
22 Lisa Shepherd proposes the following substitute bill:
33 1
44 Municipal Ordinance Amendments
55 2025 GENERAL SESSION
66 STATE OF UTAH
77 Chief Sponsor: Lisa Shepherd
8-Senate Sponsor: Wayne A. Harper
8+Senate Sponsor:
99 2
1010
1111 3
1212 LONG TITLE
1313 4
1414 General Description:
1515 5
1616 This bill amends provisions relating to the imposition of a civil penalty for a municipal
1717 6
1818 ordinance violation.
1919 7
2020 Highlighted Provisions:
2121 8
2222 This bill:
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2424 ▸ allows a municipality to impose a civil fine that exceeds the maximum class B
2525 10
2626 misdemeanor fine under Section 76-3-301 if:
2727 11
2828 ● the fine is imposed for violation of an ordinance that regulates occupancy, the
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3030 provision of off-street parking, or the operation of a rental dwelling or short-term
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32-rental;
32+rental; and
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3434 ● the municipality has previously imposed a fine on the individual for the same violation
3535 15
36-three or more times within the past 12 months; and
36+three or more times within the past 12 months.
3737 16
38-● the fine does not exceed the applicable maximum amount described in this bill.
38+Money Appropriated in this Bill:
3939 17
40-Money Appropriated in this Bill:
40+None
4141 18
42+Other Special Clauses:
43+19
4244 None
43-19
44-Other Special Clauses:
4545 20
46-None
46+Utah Code Sections Affected:
4747 21
48-Utah Code Sections Affected:
48+AMENDS:
4949 22
50-AMENDS:
50+10-3-703, as last amended by Laws of Utah 2020, Chapter 89
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52-10-3-703, as last amended by Laws of Utah 2020, Chapter 89
52+
5353 24
54-10-11-2, as last amended by Laws of Utah 2022, Chapter 432
54+Be it enacted by the Legislature of the state of Utah:
5555 25
56-
56+Section 1. Section 10-3-703 is amended to read:
5757 26
58-Be it enacted by the Legislature of the state of Utah:
58+10-3-703 . Criminal penalties for violation of ordinance -- Civil penalties
5959 27
60-Section 1. Section 10-3-703 is amended to read:
60+prohibited -- Exceptions.
6161 28
62-10-3-703 . Criminal penalties for violation of ordinance -- Civil penalties
62+(1)(a) The governing body of a municipality may impose a criminal penalty for the
6363 29
64-prohibited -- Exceptions.
65-2nd Sub. H.B. 320 2nd Sub. (Gray) H.B. 320 02-24 16:31
64+violation of any municipal ordinance by a fine not to exceed the maximum class B
65+1st Sub. H.B. 320 1st Sub. (Buff) H.B. 320 02-18 10:09
6666 30
67-(1) As used in this section:
67+misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six
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69-(a) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
69+months, or by both the fine and term of imprisonment.
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71-(b) "Short-term rental" means the same as that term is defined in Section 10-8-85.4.
71+(b) Notwithstanding Subsection (1)(a), a municipality may not impose a criminal penalty
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73-[(1)] (2)(a) The governing body of a municipality may impose a criminal penalty for the
73+greater than an infraction for a violation pertaining to an individual's pet, as defined
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75-violation of any municipal ordinance by a fine not to exceed the maximum class B
75+in Section 4-12-102, or an individual's use of the individual's residence unless:
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77-misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six
77+(i) the violation:
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79-months, or by both the fine and term of imprisonment.
79+(A) is a nuisance as defined in Subsection 78B-6-1101(1); and
8080 37
81-(b) Notwithstanding Subsection [(1)(a)] (2)(a), a municipality may not impose a criminal
81+(B) threatens the health, safety, or welfare of the individual or an identifiable third
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83-penalty greater than an infraction for a violation pertaining to an individual's pet, as
83+party; or
8484 39
85-defined in Section 4-12-102, or an individual's use of the individual's residence
85+(ii) the municipality has imposed a fine on the individual for a violation that involves
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87-unless:
87+the same residence or pet on three previous occasions within the past 12 months.
8888 41
89-(i) the violation:
89+(c) Subsection (1)(b) does not apply to municipal enforcement of a building code or fire
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91-(A) is a nuisance as defined in Subsection 78B-6-1101(1); and
91+code ordinance in accordance with Title 15A, State Construction and Fire Codes Act.
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93-(B) threatens the health, safety, or welfare of the individual or an identifiable third
93+(2)(a) As used in this Subsection (2):
9494 44
95-party; or
95+(i) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
9696 45
97-(ii) the municipality has imposed a fine on the individual for a violation that involves
97+(ii) "Short-term rental" means the same as that term is defined in Section 10-8-85.4.
9898 46
99-the same residence or pet on three previous occasions within the past 12 months.
99+[(a)] (b) Except as provided in Subsection [(2)(b)] (2)(c) and subject to Subsection (2)(d),
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101-(c) Subsection [(1)(b)] (2)(b) does not apply to municipal enforcement of a building code
101+the governing body may prescribe a civil penalty for the violation of any municipal
102102 48
103-or fire code ordinance in accordance with Title 15A, State Construction and Fire
103+ordinance[ by a fine not to exceed the maximum class B misdemeanor fine under
104104 49
105-Codes Act.
105+Section 76-3-301].
106106 50
107-[(2)] (3)[(a)] Except as provided in Subsection [(2)(b)] (4) or (5), the governing body may
107+[(b)] (c) A municipality may not impose a civil penalty and adjudication for the violation
108108 51
109-prescribe a civil penalty for the violation of any municipal ordinance by a fine not to
109+of a municipal moving traffic ordinance.
110110 52
111-exceed the maximum class B misdemeanor fine under Section 76-3-301.
111+(d) A civil penalty that is a fine under this Subsection (2) may not exceed the maximum
112112 53
113-[(b)] (4) A municipality may not impose a civil penalty and adjudication for the violation of
113+class B misdemeanor fine under Section 76-3-301, unless:
114114 54
115-a municipal moving traffic ordinance.
115+(i) the penalty is for the violation of an ordinance that regulates occupancy, the
116116 55
117-(5) Subject to Subsection (6), a civil penalty that is a fine may exceed the maximum class B
117+provision of off-street parking, or the operation of a rental dwelling or short-term
118118 56
119-misdemeanor fine under Section 76-3-301, if:
119+rental; Ĥ→ [ and] ←Ĥ
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121-(a) the penalty is for the violation of an ordinance that regulates occupancy, the
121+(ii) the municipality has previously imposed a civil or criminal fine on the individual
122122 58
123-provision of off-street parking, or the operation of a rental dwelling or short-term
123+for the same violation three or more times within the 12 months immediately
124124 59
125-rental; and
125+preceding the violation Ĥ→ [.] ; and
126+59a
127+(iii) the fine does not exceed $5,000. ←Ĥ
126128 60
127-(b)(i) except as provided in Subsection (5)(b)(ii):
129+(3)(a) Except as provided in Subsection (3)(b) or Section 77-7-18, a municipal officer or
128130 61
129-(A) the municipality previously imposed a civil or criminal fine on the individual
131+official who is not a law enforcement officer described in Section 53-13-103 or a
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131-for the same violation three times within the 12 months immediately preceding
133+special function officer described in Section 53-13-105 may not issue a criminal
134+- 2 - 02-18 10:09 1st Sub. (Buff) H.B. 320
132135 63
133-the violation; and,
134-- 2 - 02-24 16:31 2nd Sub. (Gray) H.B. 320
136+citation for a violation that is punished as a misdemeanor.
135137 64
136-(B) the fine does not exceed $2,500; or
138+(b) Notwithstanding Subsection (1) or (3)(a), the following may issue a criminal citation
137139 65
138-(ii)(A) the municipality previously imposed a fine on the individual for the same
140+for a violation that is punished as a misdemeanor if the violation threatens the health
139141 66
140-violation four or more times within the 12 months immediately preceding the
142+and safety of an animal or the public:
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142-violation; and
144+(i) a fire officer described in Section 53-7-102; or
143145 68
144-(B) the fine does not exceed $5,000.
146+(ii) an animal control officer described in Section 11-46-102.
145147 69
146-(6) In calculating, under Subsection (5)(b), the total number of times an individual was
148+(4) A municipality may not issue more than one infraction within a 14-day time period for a
147149 70
148-previously fined, the municipality may only include times that are separated by at least
150+violation described in Subsection (1)(b) that is ongoing.
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150-14 days of compliance.
152+Section 2. Effective Date.
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152-[(3)] (7)(a) Except as provided in [Subsection (3)(b) or ]Section 77-7-18, a municipal
153-73
154-officer or official who is not a law enforcement officer described in Section
155-74
156-53-13-103 or a special function officer described in Section 53-13-105 may not issue
157-75
158-a criminal citation for a violation that is punished as a misdemeanor.
159-76
160-(b) Notwithstanding Subsection [(1) or (3)(a)] (2) or (7)(a), the following may issue a
161-77
162-criminal citation for a violation that is punished as a misdemeanor if the violation
163-78
164-threatens the health and safety of an animal or the public:
165-79
166-(i) a fire officer described in Section 53-7-102; or
167-80
168-(ii) an animal control officer described in Section 11-46-102.
169-81
170-[(4)] (8) A municipality may not issue more than one infraction within a 14-day time period
171-82
172-for a violation described in Subsection [(1)(b)] (2)(b) that is ongoing.
173-83
174-Section 2. Section 10-11-2 is amended to read:
175-84
176-10-11-2 . Inspection of property -- Notice -- Penalties.
177-85
178-(1)(a) If a municipality adopts an ordinance describing the duties of a municipal
179-86
180-inspector appointed under Section 10-11-1, the ordinance:
181-87
182-(i) may, subject to Subsection (1)(b), direct the inspector to examine and investigate
183-88
184-real property for:
185-89
186-(A) the growth and spread of injurious and noxious weeds;
187-90
188-(B) garbage and refuse;
189-91
190-(C) a public nuisance;
191-92
192-(D) an illegal object or structure; or
193-93
194-(E) hazardous materials; and
195-94
196-(ii) if an inspector conducts an examination and investigation under Subsection (1)(a),
197-95
198-shall direct the inspector to deliver written notice of the examination and
199-96
200-investigation in accordance with Subsection (2).
201-97
202-(b) An ordinance described in Subsection (1)(a) may not direct an inspector or authorize
203-- 3 - 2nd Sub. (Gray) H.B. 320 02-24 16:31
204-98
205-a municipality to abate conditions solely associated with the interior of a structure,
206-99
207-unless required:
208-100
209-(i) for the demolition and removal of the structure; or
210-101
211-(ii) to eliminate or remove hazardous materials within a structure that has been closed
212-102
213-to occupancy or entry by a local health department or fire department.
214-103
215-(c) An ordinance described in Subsection (1)(a) may direct an inspector or authorize a
216-104
217-municipality to issue an order limiting or restricting access to a structure and the real
218-105
219-property appurtenant to the structure while the municipal inspector or a certified
220-106
221-decontamination specialist destroys, removes, or abates hazardous materials within
222-107
223-the structure.
224-108
225-(d) If a municipality has adopted an ordinance establishing an administrative proceeding
226-109
227-process for the violation of a municipal ordinance in accordance with the
228-110
229-requirements of Section 10-3-703.7, the municipality may adopt an ordinance
230-111
231-imposing the following for a violation of an order issued under Subsection (1)(c):
232-112
233-(i) a civil penalty in accordance with [Subsection 10-3-703(2)] Subsections
234-113
235-10-3-703(3) and (4); or
236-114
237-(ii) in accordance with Subsection [10-3-703(1)] 10-3-703(2), a criminal penalty,
238-115
239-including by a fine not to exceed the maximum class B misdemeanor fine under
240-116
241-Section 76-3-301, by a term of imprisonment up to six months, or by both the fine
242-117
243-and term of imprisonment.
244-118
245-(e) An ordinance adopted in accordance with Subsection (1)(d) shall provide 180 days
246-119
247-after the day on which the written notice from an inspector is delivered in person or
248-120
249-the date the notice is post-marked for the recipient of the notice to:
250-121
251-(i) abate the hazardous materials; or
252-122
253-(ii) appeal the notice and begin the administrative proceeding process.
254-123
255-(2)(a)(i) The municipal inspector shall serve written notice to a property owner of
256-124
257-record according to the records of the county recorder in accordance with
258-125
259-Subsection (2)(b).
260-126
261-(ii) The municipal inspector may serve written notice in accordance with Subsection
262-127
263-(2)(b) to a non-owner occupant of the property or another person responsible for
264-128
265-the property who is not the owner of record, including a manager or agent of the
266-129
267-owner, if:
268-130
269-(A) the property owner is not an occupant of the property; and
270-131
271-(B) the municipality in which the property is located has adopted an ordinance
272-- 4 - 02-24 16:31 2nd Sub. (Gray) H.B. 320
273-132
274-imposing a duty to maintain the property on an occupant who is not the
275-133
276-property owner of record or a person other than the property owner of record
277-134
278-who is responsible for the property.
279-135
280-(b) The municipal inspector may serve the written notice:
281-136
282-(i) in person or by mail to the property owner of record as described in Subsection
283-137
284-(2)(a)(i), if mailed to the last-known address of the owner according to the records
285-138
286-of the county recorder; or
287-139
288-(ii) in person or by mail to a non-owner occupant or another person responsible for
289-140
290-the property who is not the owner of record as described in Subsection (2)(a)(ii), if
291-141
292-mailed to the property address.
293-142
294-(c) In the written notice described in Subsection (2)(a), the municipal inspector shall:
295-143
296-(i) identify the property owner of record according to the records of the county
297-144
298-recorder;
299-145
300-(ii) describe the property and the nature and results of the examination and
301-146
302-investigation conducted in accordance with Subsection (1)(a);
303-147
304-(iii) identify the relevant regulation or ordinance at issue and describe the violation of
305-148
306-the relevant regulation or ordinance;
307-149
308-(iv) describe each order, fine, or penalty that may be imposed;
309-150
310-(v) for a structure or any real property closed to occupancy or entry by a local health
311-151
312-department because of hazardous materials, explain the right of a property owner,
313-152
314-occupant, or, if applicable, another person responsible for the property to abate the
315-153
316-hazardous materials or appeal the notice within 180 days after the day on which
317-154
318-notice is delivered in person or the date the notice is post-marked; and
319-155
320-(vi) require the property owner, occupant, or, if applicable, another person
321-156
322-responsible for the property to:
323-157
324-(A) eradicate or destroy and remove any identified item examined and
325-158
326-investigated under Subsection (1)(a); and
327-159
328-(B) comply with Subsection (2)(c)(vi)(A) in a time period designated by the
329-160
330-municipal inspector but no less than 10 days after the day on which notice is
331-161
332-delivered in person or post-marked, or for a notice related to hazardous
333-162
334-materials, no less than 180 days after the day on which notice is delivered in
335-163
336-person or post-marked.
337-164
338-(d) For a notice of injurious and noxious weeds described in Subsection (2)(a), the
339-165
340-municipal inspector is not required to make more than one notice for each annual
341-- 5 - 2nd Sub. (Gray) H.B. 320 02-24 16:31
342-166
343-season of weed growth for weeds growing on a property.
344-167
345-(e) The municipal inspector shall serve the notice required under Subsection (2)(a)(i)
346-168
347-under penalty of perjury.
348-169
349-(f) For a structure or any real property closed to occupancy or entry by a local health
350-170
351-department because of hazardous materials, unless an order issued by a court of
352-171
353-competent jurisdiction states otherwise, a municipality may not impose a fine or
354-172
355-penalty on a property owner, occupant, or another person responsible for the structure
356-173
357-or real property, and may not authorize a municipal inspector or a certified
358-174
359-decontamination specialist to begin abatement of the hazardous materials, until:
360-175
361-(i) the appeal and administrative proceeding process is completed; or
362-176
363-(ii) the property owner, occupant, or another person responsible for the property has
364-177
365-missed the deadline for filing the appeal.
366-178
367-Section 3. Effective Date.
368-179
369154 This bill takes effect on May 7, 2025.
370-- 6 -
155+- 3 -