Listen to the September 2024 Bluffdale Times Podcast to learn more about the ACE Program.
Many of the emails and phone calls I receive are regarding code enforcement. Our code defines our community. The City Code directs our residents on issues such as, where and when you can park cars on the street in the winter, if you need a permit to build a fence and where homes and businesses can be built. Seen in its entirety, Bluffdale’s code can help residents to be good citizens, to be good neighbors, and can help us to build the kind of place where we want to reside, raise a family, and build a life.
You may not agree with all our codes. Some of our code may be out of date and could be changed. A few years ago, as we were updating our business license code (3.10.030), it was discovered that it was a class B misdemeanor to engage in any business that operated a pinball machine without proper licensing (Ord. 1-23-79-1).
In the past, when a business or resident had a code violation, a police citation would be issued. If the violation was not addressed, the consequence was to go to criminal court. This was a large tool to solve small problems. Because of this, it has been hard for the city to give citations.
Earlier this year, the City Council approved an Administrative Code Enforcement Program (“ACE Program”), creating another tool for the City to use to obtain compliance with City Code. The ACE Program is now being implemented. The new program will allow the City to resolve code violations without having to go to criminal court, though that will still be an option for serious violations.
When the City becomes aware of a violation of the City Code, a Police Officer, Code Enforcement Officer, or another designated City employee has the option to issue either a “Notice of Violation” or can issue an “Administrative Citation”.
An Administrative Citation would be for a one-time problem such as a parking violation or animal code violation. A citation will require the resident or responsible party to correct the violation and pay a fine to the City
A Notice of Violation would be for an ongoing violation of the City Code such as a weed violation. The notice will state that the resident has a certain amount of time to fix the violation before a daily fine will begin to accrue. This means that a resident who receives a Notice of Violation should resolve the issue as soon as possible to avoid fines.
Both a Citation and a Notice of Violation can be challenged by requesting a hearing before the Administrative Code Enforcement Court Judge (ACE Court Judge). The person with the citation or notice will receive notice of the scheduled hearing and will be allowed to present a case before the ACE Court Judge.
The ACE Court Judge will review the case, hear all of the arguments and make a decision that will bind the City and the resident. The ACE Court Judge’s decisions can also be appealed to the District Court.
Failure to follow an order of the ACE Court Judge will result in further penalties and escalation of the case up to and including possible criminal charges, withholding permits or licenses, property liens, and other enforcement actions.
The ACE Program is a work in progress, and we anticipate adjustments as the program is implemented and moves forward. The ACE Program will help us to continue to work together to build and maintain a city that is wonderful for families and businesses. Please reach out to me with any questions or comments nhall@bluffdale.gov.