02-24 16:31 2nd Sub. (Gray) H.B. 320
Lisa Shepherd proposes the following substitute bill:
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Municipal Ordinance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill amends provisions relating to the imposition of a civil penalty for a municipal
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ordinance violation.
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Highlighted Provisions:
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This bill:
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▸ allows a municipality to impose a civil fine that exceeds the maximum class B
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misdemeanor fine under Section 76-3-301 if:
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● the fine is imposed for violation of an ordinance that regulates occupancy, the
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provision of off-street parking, or the operation of a rental dwelling or short-term
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rental;
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● the municipality has previously imposed a fine on the individual for the same violation
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three or more times within the past 12 months; and
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● the fine does not exceed the applicable maximum amount described in this bill.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-3-703, as last amended by Laws of Utah 2020, Chapter 89
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10-11-2, as last amended by Laws of Utah 2022, Chapter 432
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-3-703 is amended to read:
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10-3-703 . Criminal penalties for violation of ordinance -- Civil penalties
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prohibited -- Exceptions.
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(1) As used in this section:
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(a) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
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(b) "Short-term rental" means the same as that term is defined in Section 10-8-85.4.
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[(1)] (2)(a) The governing body of a municipality may impose a criminal penalty for the
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violation of any municipal ordinance by a fine not to exceed the maximum class B
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misdemeanor fine under Section 76-3-301, by a term of imprisonment up to six
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months, or by both the fine and term of imprisonment.
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(b) Notwithstanding Subsection [(1)(a)] (2)(a), a municipality may not impose a criminal
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penalty greater than an infraction for a violation pertaining to an individual's pet, as
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defined in Section 4-12-102, or an individual's use of the individual's residence
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unless:
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(i) the violation:
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(A) is a nuisance as defined in Subsection 78B-6-1101(1); and
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(B) threatens the health, safety, or welfare of the individual or an identifiable third
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party; or
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(ii) the municipality has imposed a fine on the individual for a violation that involves
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the same residence or pet on three previous occasions within the past 12 months.
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(c) Subsection [(1)(b)] (2)(b) does not apply to municipal enforcement of a building code
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or fire code ordinance in accordance with Title 15A, State Construction and Fire
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Codes Act.
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[(2)] (3)[(a)] Except as provided in Subsection [(2)(b)] (4) or (5), the governing body may
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prescribe a civil penalty for the violation of any municipal ordinance by a fine not to
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exceed the maximum class B misdemeanor fine under Section 76-3-301.
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[(b)] (4) A municipality may not impose a civil penalty and adjudication for the violation of
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a municipal moving traffic ordinance.
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(5) Subject to Subsection (6), a civil penalty that is a fine may exceed the maximum class B
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misdemeanor fine under Section 76-3-301, if:
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(a) the penalty is for the violation of an ordinance that regulates occupancy, the
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provision of off-street parking, or the operation of a rental dwelling or short-term
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rental; and
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(b)(i) except as provided in Subsection (5)(b)(ii):
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(A) the municipality previously imposed a civil or criminal fine on the individual
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for the same violation three times within the 12 months immediately preceding
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the violation; and,
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(B) the fine does not exceed $2,500; or
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(ii)(A) the municipality previously imposed a fine on the individual for the same
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violation four or more times within the 12 months immediately preceding the
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violation; and
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(B) the fine does not exceed $5,000.
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(6) In calculating, under Subsection (5)(b), the total number of times an individual was
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previously fined, the municipality may only include times that are separated by at least
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14 days of compliance.
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[(3)] (7)(a) Except as provided in [Subsection (3)(b) or ]Section 77-7-18, a municipal
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officer or official who is not a law enforcement officer described in Section
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53-13-103 or a special function officer described in Section 53-13-105 may not issue
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a criminal citation for a violation that is punished as a misdemeanor.
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(b) Notwithstanding Subsection [(1) or (3)(a)] (2) or (7)(a), the following may issue a
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criminal citation for a violation that is punished as a misdemeanor if the violation
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threatens the health and safety of an animal or the public:
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(i) a fire officer described in Section 53-7-102; or
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(ii) an animal control officer described in Section 11-46-102.
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[(4)] (8) A municipality may not issue more than one infraction within a 14-day time period
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for a violation described in Subsection [(1)(b)] (2)(b) that is ongoing.
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Section 2. Section 10-11-2 is amended to read:
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10-11-2 . Inspection of property -- Notice -- Penalties.
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(1)(a) If a municipality adopts an ordinance describing the duties of a municipal
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inspector appointed under Section 10-11-1, the ordinance:
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(i) may, subject to Subsection (1)(b), direct the inspector to examine and investigate
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real property for:
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(A) the growth and spread of injurious and noxious weeds;
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(B) garbage and refuse;
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(C) a public nuisance;
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(D) an illegal object or structure; or
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(E) hazardous materials; and
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(ii) if an inspector conducts an examination and investigation under Subsection (1)(a),
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shall direct the inspector to deliver written notice of the examination and
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investigation in accordance with Subsection (2).
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(b) An ordinance described in Subsection (1)(a) may not direct an inspector or authorize
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a municipality to abate conditions solely associated with the interior of a structure,
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unless required:
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(i) for the demolition and removal of the structure; or
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(ii) to eliminate or remove hazardous materials within a structure that has been closed
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to occupancy or entry by a local health department or fire department.
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(c) An ordinance described in Subsection (1)(a) may direct an inspector or authorize a
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municipality to issue an order limiting or restricting access to a structure and the real
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property appurtenant to the structure while the municipal inspector or a certified
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decontamination specialist destroys, removes, or abates hazardous materials within
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the structure.
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(d) If a municipality has adopted an ordinance establishing an administrative proceeding
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process for the violation of a municipal ordinance in accordance with the
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requirements of Section 10-3-703.7, the municipality may adopt an ordinance
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imposing the following for a violation of an order issued under Subsection (1)(c):
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(i) a civil penalty in accordance with [Subsection 10-3-703(2)] Subsections
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10-3-703(3) and (4); or
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(ii) in accordance with Subsection [10-3-703(1)] 10-3-703(2), a criminal penalty,
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including by a fine not to exceed the maximum class B misdemeanor fine under
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Section 76-3-301, by a term of imprisonment up to six months, or by both the fine
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and term of imprisonment.
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(e) An ordinance adopted in accordance with Subsection (1)(d) shall provide 180 days
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after the day on which the written notice from an inspector is delivered in person or
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the date the notice is post-marked for the recipient of the notice to:
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(i) abate the hazardous materials; or
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(ii) appeal the notice and begin the administrative proceeding process.
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(2)(a)(i) The municipal inspector shall serve written notice to a property owner of
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record according to the records of the county recorder in accordance with
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Subsection (2)(b).
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(ii) The municipal inspector may serve written notice in accordance with Subsection
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(2)(b) to a non-owner occupant of the property or another person responsible for
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the property who is not the owner of record, including a manager or agent of the
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owner, if:
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(A) the property owner is not an occupant of the property; and
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(B) the municipality in which the property is located has adopted an ordinance
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imposing a duty to maintain the property on an occupant who is not the
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property owner of record or a person other than the property owner of record
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who is responsible for the property.
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(b) The municipal inspector may serve the written notice:
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(i) in person or by mail to the property owner of record as described in Subsection
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(2)(a)(i), if mailed to the last-known address of the owner according to the records
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of the county recorder; or
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(ii) in person or by mail to a non-owner occupant or another person responsible for
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the property who is not the owner of record as described in Subsection (2)(a)(ii), if
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mailed to the property address.
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(c) In the written notice described in Subsection (2)(a), the municipal inspector shall:
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(i) identify the property owner of record according to the records of the county
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recorder;
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(ii) describe the property and the nature and results of the examination and
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investigation conducted in accordance with Subsection (1)(a);
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(iii) identify the relevant regulation or ordinance at issue and describe the violation of
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the relevant regulation or ordinance;
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(iv) describe each order, fine, or penalty that may be imposed;
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(v) for a structure or any real property closed to occupancy or entry by a local health
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department because of hazardous materials, explain the right of a property owner,
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occupant, or, if applicable, another person responsible for the property to abate the
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hazardous materials or appeal the notice within 180 days after the day on which
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notice is delivered in person or the date the notice is post-marked; and
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(vi) require the property owner, occupant, or, if applicable, another person
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responsible for the property to:
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(A) eradicate or destroy and remove any identified item examined and
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investigated under Subsection (1)(a); and
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(B) comply with Subsection (2)(c)(vi)(A) in a time period designated by the
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municipal inspector but no less than 10 days after the day on which notice is
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delivered in person or post-marked, or for a notice related to hazardous
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materials, no less than 180 days after the day on which notice is delivered in
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person or post-marked.
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(d) For a notice of injurious and noxious weeds described in Subsection (2)(a), the
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municipal inspector is not required to make more than one notice for each annual
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season of weed growth for weeds growing on a property.
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(e) The municipal inspector shall serve the notice required under Subsection (2)(a)(i)
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under penalty of perjury.
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(f) For a structure or any real property closed to occupancy or entry by a local health
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department because of hazardous materials, unless an order issued by a court of
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competent jurisdiction states otherwise, a municipality may not impose a fine or
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penalty on a property owner, occupant, or another person responsible for the structure
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or real property, and may not authorize a municipal inspector or a certified
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decontamination specialist to begin abatement of the hazardous materials, until:
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(i) the appeal and administrative proceeding process is completed; or
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(ii) the property owner, occupant, or another person responsible for the property has
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missed the deadline for filing the appeal.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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