17.70.060 Enforcement--Revocation of permit.
In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if the owner of the property violates any of the provisions of this section.
A. Process for Revocation. If the owner of the property violates any of the provisions of this chapter, the City may revoke the accessory dwelling permit for noncompliance. In addition to any other legal or equitable remedies, Moab City may hold a lien against a property that contains an internal accessory dwelling unit if, as follows:
1. The City provides a written notice of violation;
2. The City holds a hearing and determines that the violation has occurred, if the owner files a timely written objection;
3. The owner fails to cure the violation within the time period prescribed in the written notice of violation;
4. The City provides a written notice of lien with the County Recorder of the county in which the property is located. The written notice of violation shall:
a. Describe the specific violation;
b. Provide the owner of the accessory dwelling unit a reasonable opportunity to cure the violation no less than fourteen days after the day on which the City sends notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than thirty consecutive days or no less than thirty days after the day on which the City sends the written notice of violation, for any other violation;
c. State that if the owner of the property fails to cure the violation within the relevant time period, the City may hold a lien against the property in an amount of up to one hundred dollars for each day of violation after the day on which the opportunity to cure the violation expires;
d. Notify the owner of the property that:
i. The owner may file a written objection to the violation within fourteen days after the day on which the written notice of violation is postmarked or posted on the property; and
ii. Of the name and address of the municipal office where the owner may file the written objection;
e. Be mailed to the property’s owner of record, and any other individuals designated to receive notice in the owner’s license or permit records, and be posted on the property;
f. The written notice of lien shall:
i. State that the property is subject to a lien, specify the lien amount, in an amount of up to one hundred dollars for each day of violation after the day on which the opportunity to cure the violation expires;
ii. Be mailed to the property’s owner of record and any other individual designated to receive notice in the owner’s license or permit record; and
iii. Be posted on the property.
5. If an owner of property files a written objection in accordance with this section the City shall:
a. Hold a hearing in accordance with Chapter 52-4 Utah Code, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under this section has occurred; and
b. Notify the owner in writing of the date, time, and location of the hearing. The hearing notice shall be sent no less than fourteen days before the day on which the hearing is held;
6. If an owner of property files a written objection the City may not record a lien until the City holds a hearing and determines that the specific violation has occurred;
7. If the City determines at the hearing that the specific violation has occurred, the City may impose a lien in an amount of up to one hundred dollars for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired;
8. If an owner cures a violation within the time period prescribed in the written notice of violation, the City may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation;
9. A municipality that issues a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the Grand County Recorder. The notice shall include:
a. A description of the primary dwelling;
b. A statement that the primary dwelling contains an internal accessory dwelling unit; and
c. A statement that the internal accessory dwelling unit may only be used in accordance with the municipality’s land use regulations;
d. The municipality shall, upon recording the notice described, deliver a copy of the notice to the owner of the internal accessory dwelling unit. (Ord. 21-16 § 2, 2021)