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Home » Departments » Administration » City Code » Administrative Procedures

Administrative Procedures


Title 3
ADMINISTRATION PROCEDURES
Chapters:
3.01 Administrative Enforcement
3.02 Administrative Enforcement Hearing Procedures
3.03 Administrative Abatement
3.04 Emergency Abatement
3.05 Administrative Citations
3.06 Costs and Fees
3.09 Assessment of the Various Fees
3.13 Records Access and Management

Chapter 3.01
Administrative Enforcement
Sections:
3.01.010 Short Title
3.01.020 Purpose
3.01.030 Scope
3.01.040 Existing Law Continued
3.01.050 Criminal Prosecution Right
3.01.060 Effect of Headings
3.01.070 Severability
3.01.080 Civil Liability
3.01.090 General Rules of Interpretation
3.01.100 Definitions Applicable to Title Generally
3.01.110 Acts Include Causing, Aiding and Abetting
3.01.120 Service of Notice Requirement
3.01.130 General Enforcement Authority
3.01.140 Adoption of Policy and Procedures
3.01.150 Authority to Inspect
3.01.160 False Information or Refusal Prohibited
3.01.170 Failure to Obey a Subpoena


Section 3.01.010 Short Title
This Chapter shall be known as the “Administrative Enforcement.” This Chapter shall also be known as Chapter 3.01 of the Milford City Code. It may be cited and pleaded under either designation.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.020 Purpose
The Municipal Council finds that the enforcement of the Milford City Code and applicable state codes is an important public activity. Code enforcement is vital to the protection of the public's health, safety, welfare, and quality of life. The Municipal Council recognizes that code enforcement is effective only when done quickly and fairly. The Municipal Council further finds that an enforcement system that allows a combination of judicial and administrative remedies is effective in correcting violations.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.030 Scope
The provisions of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06, may be applied to all violations of the Milford City Code or applicable state codes which occur within Milford City limits and such territory outside Milford City limits over which the City has jurisdiction or control by virtue of any constitutional provision or law. These provisions establish an additional remedy that may be used by the City to achieve compliance with applicable codes.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.040 Existing Law Continued
The provisions of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06, shall not invalidate any other title, chapter, or ordinance of the Milford City Code, but shall be read in conjunction with those titles, chapters, and ordinances and shall be used as an additional remedy for enforcement of violations thereof.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.050 Criminal Prosecution Right
The City shall have sole discretion in deciding whether to file a civil or criminal judicial case or pursue a administrative enforcement action for the violation of any of its ordinances or applicable code requirements. The enactment of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06, shall not be construed to limit the City's right to prosecute any violation as a criminal offense. If the City chooses to file both an administrative action and criminal charges for the same violation on the same day, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.060 Effect of Headings
Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this Title.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.070 Severability
If any section, subsection, sentence, clause, phrase, portion, or provision of this Title is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Title. The Municipal Council hereby declares that it would have adopted this Title and each section, subsection, sentence, clause, phrase, portion, or provision thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This Section shall apply to all amendments made to this Title.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.080 Civil Liability
By establishing performance standards or by establishing obligations to act, it is the intent of the Municipal Council that Milford City employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.090 General Rules of Interpretation
For purposes of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06 :
1. Any gender includes the other gender.
2. "Shall" is mandatory; "may" is permissive.
3. The singular number includes the plural, and the plural the singular.
4. Words used in the present tense include the past and future tense, and vice versa.
5. Words and phrases used in this Title and not specifically defined shall be construed according to the context and ordinary usage of the language.
6. Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this Title as a whole.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.100 Definitions Applicable to Title Generally
In the construction of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06, the following words and phrases shall be as defined as set forth in this section unless a different meaning is specifically defined elsewhere in the Chapters and specifically stated to apply:
1. "Administrative Citation" means a citation issued to a responsible person which gives notice of a violation and the civil fee for such violation.
2. "Administrative Enforcement Order" means an order issued by a hearing examiner. The order may include an order to abate the violation, pay civil fees and administrative costs, or take any other action as authorized or required by this Title and applicable state codes.
3. "Administrative Enforcement Hearing" means a hearing held pursuant to the procedures established by this Title and at the request of a responsible person.
4. "City" means the City of Milford, Utah, including the Mayor, Chief Administrative Officer, and all other employees of the administrative branch of the City.
5. "Director" means the Mayor or his designee.
6. "Enforcement Official" means any person authorized by the City to enforce violations of the Milford City Code or applicable state codes including, but not limited to, zoning officers, police officers, building inspection officials, fire marshal, and animal control officers.
7. "Hearing Examiner" means a person appointed by the Mayor or his designee to preside over administrative enforcement hearings.
8. "Imminent Life Safety Hazard" means any condition that creates a serious and immediate danger to life, property, health, or public safety.
9. "Mayor” means the Mayor of Milford City.
10. "Municipal Council" means the Municipal Council of Milford City.
11. "Notice of Compliance" means a document or form approved by the Code Enforcement Officer which indicates that a property complies with the requirements outlined in a notice of violation.
12. "Notice of Emergency Abatement" means a written notice that informs a responsible person of emergency abatement actions taken by the City and the costs of those actions, and orders payment for those costs.
13. "Notice of Itemized Bill for Costs" means a written notice to a responsible person, itemizing the City’s costs and ordering payment of those costs.
14. "Notice of Violation" means a written notice that informs a responsible person of code violations and orders certain steps to correct the violations.
15. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
16. "Property Owner" means the record owner of real property as shown on the records of the Beaver County Assessor.
17. "Responsible Person" means the person(s) determined by the City who is responsible for causing or maintaining a violation of the Milford City Code or applicable state codes. The term “Responsible Person” shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of the Milford City Code or applicable state codes.
18. "Written" includes handwritten, typewritten, photocopied, computer printed, or facsimile.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.110 Acts Include Causing, Aiding and Abetting
Whenever any act or omission is made unlawful in this Title, it shall include causing, permitting, aiding, or abetting such act or omission.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.120 Service of Notice Requirement
1. Whenever a notice is required to be given under this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06, the notice shall be served by one of the following methods, unless different provisions are otherwise specifically stated to apply:
A. Personal service;
B. Regular mail, postage prepaid, to the last known address of a responsible person;
C. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the Director; or
D. Published in a newspaper of general circulation.
2. Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.
3. Service by regular mail in the manner set forth above shall be deemed served on the fourth day after the date of mailing.
4. The failure of a person, other than a responsible person, to be served notice in accordance with this Section shall not affect the validity of any proceeding taken hereunder.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.130 General Enforcement Authority
Whenever an enforcement official finds that a violation of the Milford City Code or applicable state codes has occurred or continues to exist, he may undertake any of the procedures herein. The director or any designated enforcement official shall have the authority to gain compliance with the provisions of the Milford City Code and applicable state codes subject to the provisions of this Chapter, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06. Such authority shall include the power to issue notices of violation and administrative citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this Title or law.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.140 Adoption of Policy and Procedures
The Mayor shall establish policies and procedures for the holding of administrative enforcement hearings, the appointment of hearing examiners, and the use of the administrative procedures herein by enforcement officials.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.150 Authority to Inspect
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of the Milford City Code or applicable state codes are being obeyed and to make any reasonable examination or survey necessary to determine compliance with the Milford City Code or applicable state codes. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. If a property owner or responsible person refuses to allow enforcement official to enter property, the enforcement official shall obtain a search warrant before entering the property.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.160 False Information or Refusal Prohibited
It shall be unlawful for any person to willfully make a false statement or refuse to give his name or address with intent to deceive or interfere with an enforcement officer when in the performance of his official duties under the provisions of this Title. A violation of this Section shall be a Class B misdemeanor.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.01.170 Failure to Obey a Subpoena
It shall be unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative enforcement hearing. A violation of this Section shall be a class B misdemeanor.
(Ord. Ordinance 9.2005, Add, 09/20/2005)



Chapter 3.02
Administrative Enforcement Hearing Procedures
Sections:
3.02.010 Administrative Enforcement Hearings
3.02.020 Request for Administrative Enforcement Hearing
3.02.030 Notification of Administrative Enforcement Hearing
3.02.040 Appointment and Qualifications of Hearing Examiner
3.02.050 Powers of Hearing Examiner
3.02.060 Procedures at Administrative Enforcement Hearing
3.02.070 Failure to Attend Administrative Enforcement Hearing
3.02.080 Administrative Enforcement Order
3.02.090 Failure to Comply
3.02.100 Appeal
Section 3.02.010 Administrative Enforcement Hearings
It is the purpose and intent of the Municipal Council that any responsible person shall be afforded due process of law during the enforcement process. Due process of law shall require adequate notice, an opportunity to request and to participate in any hearing, and an adequate explanation of the reasons justifying any resulting action. The following procedures are intended to establish a forum to resolve and correct violations of the Milford City Code and applicable state codes fairly, quickly, and efficiently while providing due process.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.020 Request for Administrative Enforcement Hearing
1. A responsible person served with one of the following documents or notices shall have the right to request an administrative enforcement hearing, if the request is filed within ten (10) calendar days from the date of service of one of the following notices:
A. Notice of violation;
B. Notice of itemized bill for costs;
C. Administrative citation; or
D. Notice of emergency abatement.
2. The request for an administrative enforcement hearing shall be made in writing.
3. As soon as practicable after receiving the written notice of the request for an administrative enforcement hearing, the Mayor or his designee shall appoint a hearing examiner who shall schedule a date, time, and place for the administrative enforcement hearing.
4. Failure to request an administrative enforcement hearing within ten calendar days from the date of service of any of the notices in subsection (1) above shall constitute a waiver of the right to an administrative enforcement hearing and the right to an appeal.
5. Within twenty (20) days of the issuance of a Notice Violation, the City may request an administrative enforcement hearing for the purposed of compelling a responsible person to comply with correction required on a Notice of Violation.
6. If a responsible person fails to request a hearing after being issued a Notice of Violation as provided herein, the corrective action detailed on the Notice of Violation shall be considered the administrative enforcement order pursuant to Section 3.02.080, Milford City Code.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.030 Notification of Administrative Enforcement Hearing
1. Written notice of the date, time, and place of the administrative enforcement hearing shall be served to the responsible person as soon as practicable prior to its date.
2. The notice shall be served by any of the methods of service set forth in Section 3.01.120 of this Chapter.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.040 Appointment and Qualifications of Hearing Examiner
1. The Mayor or his designee shall appoint hearing examiners to preside at administrative enforcement hearings.
2. A hearing examiner:
A. Shall have no personal or financial interest in the matter for which he is conducting a hearing; and
B. May be a City employee.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.050 Powers of Hearing Examiner
1. A hearing examiner shall have authority to hold an administrative enforcement hearing for violations of the Milford City Code and applicable state codes.
2. A hearing examiner may continue a hearing for good cause shown by one of the parties or if the hearing examiner independently determines that due process has not been adequately afforded to such party.
3. At the request of any party to an administrative enforcement hearing, a hearing examiner may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed helpful by the hearing examiner to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.
4. A hearing examiner has continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an administrative enforcement order; ensuring compliance of that order, which includes authorizing the City to enter and abate a violation; modifying an administrative enforcement order; or, where extraordinary circumstances exist, granting a new hearing.
5. A hearing examiner may require a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the City.
6. A hearing examiner shall not make determinations as to the existence of nonconforming rights. If a responsible person claims a nonconforming right as a defense, the Hearing examiner shall continue the administrative enforcement hearing and shall refer the matter to the Milford City Board of Adjustment for a determination as to the existence of the nonconforming right. The Board of Adjustment’s decision shall be binding on the hearing examiner. The responsible person shall bear the costs of the appeal to the Board of Adjustment.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.060 Procedures at Administrative Enforcement Hearing
1. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative enforcement hearing shall follow duly adopted policies and procedures.
2. The City shall bear the burden of proof to establish the existence of a violation of the Milford City Code or applicable state codes.
3. Such proof shall be established by a preponderance of the evidence.
4. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
5. All administrative enforcement hearings shall be open to the public and shall be recorded by audiotape. In the discretion of the hearing examiner, administrative enforcement hearings may be held at the location of the violation.
6. The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, address, and telephone number shall be given to the City at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the City's request, and all costs of the continuance shall be assessed to the responsible person.
7. The burden to prove any raised defenses shall be upon the party raising any such defense.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.070 Failure to Attend Administrative Enforcement Hearing
A responsible person who fails to appear at an administrative enforcement hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal, provided that proper notice of the hearing has been given as provided in Section 3.01.120.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.080 Administrative Enforcement Order
1. A responsible person and the City may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be entered as an administrative enforcement order. Entry of such agreement shall constitute a waiver of the right to an administrative enforcement hearing and the right to appeal.
2. After all evidence and testimony are presented, the hearing examiner shall issue a written administrative enforcement order that affirms or rejects the notice or citation.
3. A hearing examiner may issue an administrative enforcement order that requires a responsible person to cease from violating the Milford City Code or applicable state codes and to take any necessary corrective action.
4. A hearing examiner may order the City to enter the property and abate all violations, including the removal of animals in violation of an applicable code requirement.
5. A hearing examiner may revoke a kennel permit, an animal license, or the right to possess animals as provided in the Milford City Code.
6. As part of an administrative enforcement order, a hearing examiner may establish specific deadlines for the payment of fees and costs, and condition the total or partial assessment of civil fees on the responsible person's ability to take necessary corrective actions by specified deadlines.
7. A hearing examiner may issue an administrative enforcement order imposing civil fees. Such fees shall continue to accrue until the responsible person complies with the hearing examiner's decision and corrects the violation.
8. A hearing examiner may schedule subsequent review hearings as may be necessary or as requested by the City to ensure compliance with an administrative enforcement order.
9. A hearing examiner may order a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the City.
10. An administrative enforcement order shall become final on the date of signing by a hearing examiner.
11. An administrative enforcement order shall be served on all parties by any one of the methods listed in Section 3.01.120 of this Chapter. When required by this Chapter, the director shall record the administrative enforcement order with the Beaver County Recorder's Office.
12. After a hearing examiner has issued an administrative enforcement order, the director shall monitor the matter for compliance with the administrative enforcement order.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.090 Failure to Comply
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a final administrative enforcement order. A violation of this Section shall be a class B misdemeanor.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.02.100 Appeal
1. Any responsible person adversely affected by a final administrative enforcement order made in the exercise of the provisions of this Chapter may file a petition for review in the district court.
2. The petition shall be barred unless it is filed within thirty (30) days after the administrative enforcement order is final.
3. In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary, capricious or illegal.
4. The court shall:
A. Presume that the administrative enforcement order is valid;
B. Review the record to determine whether the order was arbitrary, capricious, or illegal; and
C. Affirm the administrative enforcement order if it is supported by substantial evidence in the record.
5. The record of the proceedings including minutes, findings, orders and, if available, a true and correct transcript of the proceeding shall be transmitted to the reviewing court. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection.
6. If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the hearing examiner and the court determines that it was improperly excluded by the hearing examiner. The court may call witnesses and take evidence if there is no record.
7. The filing of a petition does not stay execution of an administrative enforcement order. Before filing a petition, a responsible person may request the hearing examiner to stay an administrative enforcement order. Upon receipt of a request to stay, the hearing examiner may order the administrative enforcement order to be stayed pending district court review if the hearing examiner finds such stay to be in the best interest of the City.
(Ord. Ordinance 9.2005, Add, 09/20/2005)



Chapter 3.03
Administrative Abatement
Sections:
3.03.010 Administrative Abatement.
3.03.020 Notice of Violation.
3.03.030 Requesting Hearings
3.03.040 Failure to Correct
3.03.050 Inspections
3.03.060 Authority to Abate
3.03.070 Procedures for Abatement
3.03.080 Procedures for Recordation
3.03.090 Notice of Compliance
3.03.100 Prohibition Against Issuance of Municipal Permits
3.03.110 Civil Fees
Section 3.03.010 Administrative Abatement.
Any condition caused, maintained, or permitted to exist in violation of any provision of the Milford City Code or applicable state codes may be abated by the City pursuant to the procedures set forth in this Chapter.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.020 Notice of Violation.
1. Whenever an enforcement official determines that a violation of the Milford City Code or applicable state codes has occurred or continues to exist, a notice of violation may be issued to the responsible person. The notice of violation shall include the following information:
A. Name of the responsible person.
B. Street address of violation.
C. Date violation observed.
D. All code sections violated and a description of the condition that violates the applicable code.
E. All remedial action required to permanently correcting any violation, which may include corrections, repairs, demolition, removal, or other appropriate action.
F. Specific date to correct the violation set forth in a notice of violation.
G. Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to: criminal prosecution; civil fees; revocation of permits; recordation of the notice of violation; withholding of municipal permits; abatement of the violation; costs; administrative fees; and any other legal remedies.
H. Statement that civil fees will begin to accrue immediately on expiration of the date to correct violation.
I. The amount of the civil fee for each violation and a statement that the civil fee shall accrue daily until the violation is corrected.
J. Demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the City.
K. Procedures to request an administrative enforcement hearing, and consequences for failure to request such hearing.
L. Statement that when the violation is brought into compliance the responsible person must request an inspection.
2. The notice of violation shall be served by one of the methods of service listed in Section 3.01.120 of this Chapter.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.030 Requesting Hearings
A responsible person shall have the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within ten (10) days from the date of service of the notice of violation. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.040 Failure to Correct
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this Section shall be a class B misdemeanor.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.050 Inspections
It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of thirty dollars ($30) shall be assessed for each subsequent inspection.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.060 Authority to Abate
The director is hereby authorized to enter upon any property or premises to abate a violation of the Milford City Code and applicable state codes as set forth in Section 3.01.150. The director shall assess all costs for abatement to the responsible person and may use any remedy available under the law to collect such costs. If additional abatement is necessary within two (2) years, treble costs shall be assessed against the responsible person for the actual abatement.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.070 Procedures for Abatement
1. Violations may be abated by City personnel or by a private contractor acting under the direction of the City.
2. City personnel or a private contractor may enter upon private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.
3. If a responsible person abates the violation before the City abates the violation pursuant to a notice of violation or administrative enforcement order, the director shall nevertheless assess all costs actually incurred by the City against the responsible person.
4. When abatement is completed, the director shall prepare a notice of itemized bill for costs.
5. The director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person. The notice shall demand full payment within twenty (20) days to the Milford City Finance Department.
6. The responsible person shall have a right to an administrative enforcement hearing to contest the notice of itemized bill for costs. A request for such hearing shall be in writing and shall be filed within ten days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to such hearing and a waiver of the right to appeal.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.080 Procedures for Recordation
1. For violations of the Milford City Code and any other applicable code, when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an administrative enforcement hearing has not been timely requested, the director shall record the notice of violation with the Beaver County Recorder's Office.
2. If an administrative enforcement hearing is held, and an administrative enforcement order is issued, the director shall record the administrative enforcement order with the Beaver County Recorder's Office.
3. The recordation of an administrative enforcement order shall not be deemed an encumbrance on the property, but shall merely place interested parties on notice of any continuing violation found upon the property.
4. Notice of the recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in Section 3.01.120 of this Chapter.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.090 Notice of Compliance
1. When a violation is corrected, a responsible person shall request an inspection from the director.
2. When the director receives such request, the director shall reinspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.
3. The director shall serve a notice of compliance to the responsible person and property owner in the manner provided in Section 3.01.120. herein if the director determines that:
A. All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;
B. All necessary permits have been issued and finalized;
C. All assessed civil fees have been paid; and
D. All assessed administrative fees and costs have been paid.
4. The director shall record the notice of compliance with the Beaver County Recorder's Office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.100 Prohibition Against Issuance of Municipal Permits
The City shall withhold business licenses; permits for kennels; or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure where a violation is located. The City shall withhold such permits until a notice of compliance has been issued by the director. The City shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.03.110 Civil Fees
1. If a responsible person fails to correct a violation by the correction date listed in a notice of violation or in an administrative enforcement order, civil fees shall be owed to the City as follows:
A.. for any violation set forth on Table 1 - Civil Fees, the civil fee shall be as shown on the table.
B. for any other violation not included on Table 1 - Civil Fees the civil fee for each violation shall be thirty dollars ($30) plus an additional civil fee of thirty dollars ($30) for each and every subsequent day of violation for each separate violation until the violation is corrected. The maximum amount of civil fees accruable under this Subsection (b) for each violation listed in a notice of violation or in an administrative enforcement order shall be six hundred dollars ($600).
2. Payment of any civil fee shall not excuse any failure to correct a violation or the reoccurrence of the violation, nor shall it bar further enforcement action by the City.
3. Civil fees shall be paid to the Milford City Finance Department.
(Ord. Ordinance 9.2005, Add, 09/20/2005)



Chapter 3.04
Emergency Abatement
Sections:
3.04.010 Emergency Abatement
3.04.020 Procedures
Section 3.04.010 Emergency Abatement
1. Immediate correction or elimination, the director shall exercise the following powers without prior notice to the responsible person:
A. Order the immediate vacation of any tenants, and prohibit occupancy until all repairs are completed;
B. Post the premises as unsafe, substandard, or dangerous;
C. Board, fence, or secure the building or site;
D. Raze and grade that portion of the building or site to prevent further collapse, and remove any hazard to the general public;
E. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or
F. Take any other action appropriate to eliminate the emergency.
2. The director may, based on probable cause, enter property without a search warrant or court order to accomplish the above-listed acts.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.04.020 Procedures
1. The director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of a hazard. Costs incurred by the City during the emergency abatement process shall be assessed and recovered against the responsible person.
2. The director may also pursue any other administrative or judicial remedy to abate any remaining violations.
3. After an emergency abatement, the City shall, within ten (10) days, serve a notice of itemized bill for costs to the responsible person for the abatement action taken. Such notice shall include a description of the imminent life safety hazard.
4. A responsible person has the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within ten (10) days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided herein shall constitute a waiver to an administrative enforcement hearing and a waiver to the right to appeal.
(Ord. Ordinance 9.2005, Add, 09/20/2005)



Chapter 3.05
Administrative Citations
Sections:
3.05.010 Purpose
3.05.020 Administrative Citations
3.05.030 Contents of Citations
3.05.040 Civil Fees Assessed
Section 3.05.010 Purpose
The Municipal Council finds that an appropriate method of enforcement for violations of the Milford City Code and applicable state codes is by administrative citation. The procedures established in this Chapter shall be an alternative and in addition to those procedures set forth in Chapter 3.03.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.05.020 Administrative Citations
1. Upon discovering a violation of the Milford City Code or applicable state codes that does not require a notice of violation an enforcement official shall serve an administrative citation on the responsible person.
2. The administrative citation shall be served in the manner prescribed in Section 3.01.120.
3. The enforcement official shall attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, such failure or refusal shall not affect the validity of the citation and subsequent proceedings.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.05.030 Contents of Citations
Each administrative citation shall contain the following information:
1. The date and location of all violations;
2. Code sections violated;
3. The amount of the civil fee imposed for each violation;
4. An explanation of how the civil fee shall be paid, the time period in which the civil fee shall be paid, and the consequences of failure to pay the civil fee;
5. Identify the right to and the procedures for requesting an administrative enforcement hearing.
6. The signature of the enforcement official and, if possible, the signature of the responsible person.
(Ord. Ordinance 9.2005, Add, 09/20/2005)


Section 3.05.040 Civil Fees Assessed
1. Civil fees shall be due and payable immediately upon service of an administrative citation.
2. The civil fee for each violation listed on the administrative citation shall be twenty-five dollars ($25) if paid within ten (10) days of service.
3. Civil fees shall be double if paid after ten (10) days but within twenty (20) days of service.
4. Civil fees shall be triple if paid after twenty (20) days but within thirty (30) days of service.
5. Payment of any civil fee shall not excuse a failure to correct a violation or any reoccurrence of the violation, nor shall it bar further enforcement action by the City.
6. Civil fees shall be paid to the Milford City Finance Department.

Table 1 – Civil Fees
Type of Violation Reference Civil Fee per day First Offense First OffenseMaximum Civil Fee Civil Fee per day Second Offense Second Offense Maximum Civil Fee
Occupancy Violation Title 13 per zone $25 per person $2,500 per person $50 per person $5,000 per person
Illegal Accessory Building Title 13 per zone $25 $2,000 $50 $4,000
Junked or inoperable vehicle Title 7.02 $30 $1,200 $40 $2,400
Trash, junk miscellaneous used materials Title 7.02 $30 $1,200 $40 $2,400
Weeds Title 7.02 $30 $1,200 $40 $2,400
Landscaping Title 13 per zone $30 $1,200 $40 $2,400
Signs Title 13 per zone $30 $1,200 $40 $2,400
Fences Title 13 per zone $30 $1,200 $40 $2,400
Dumping Title 7.02 $30 $1,200 $40 $2,400
No building permit; no business license Title 2Title 6 $30 $1,200 $40 $2,400
Home occupation Title 13 per zone $30 $1,200 $40 $2,400
Parking Title 13 per zone $30 $1,200 $40 $2,400
Nuisance as defined Title 7.02 $30 $1,200 $40 $2,400
Non-permitted use Title 13 per zone $30 $1,200 $40 $2,400
Variance Title 3 $40 $1,200 $40 $2,400
Failure to comply with Board of Adjustment, Planning Commission, Hearing Examiner, Other Title 13 per zone $30 $1,200 $40 $2,400

(Ord. Ordinance 9.2005, Add, 09/20/2005)



Chapter 3.06
Costs and Fees
Sections:
3.06.010 Purpose
3.06.020 Assessment of Costs
3.06.030 Failure to Timely Pay Costs
3.06.040 Administrative Cost Fund
3.06.050 Allocation of Civil Fees


Section 3.06.010 Purpose
1. The Municipal Council finds that costs incurred by enforcement officials and other City personnel to correct violations should be recovered from the responsible person.
2. The Municipal Council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, reinspection fees, filing fees, attorney fees, hearing examiner fees, title search, and any additional actual costs incurred by the City for each individual case. The assessment and collection of costs shall not preclude the imposition of any judicial fees or fines for violations of the Milford City Code or applicable state codes.
(Ordinance 9-2005, Amended, 09/20/2005)


Section 3.06.020 Assessment of Costs
1. Whenever actual costs are incurred by the City to enforce the Milford City Code and applicable state codes, such costs shall be assessed against the responsible person.
2. The director shall serve the responsible person with a notice of itemized bill for costs.
3. The responsible person shall have a right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within ten (10) days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal.
(Ordinance 9-2005, Added, 09/20/2005)


Section 3.06.030 Failure to Timely Pay Costs
The failure of any person to pay assessed costs by the deadline specified in an invoice shall result in a late fee calculated at the rate of one and one-half (1½) percent per month.
(Ordinance 9-2005, Added, 09/20/2005)


Section 3.06.040 Administrative Cost Fund
Administrative costs and fees collected pursuant to Chapter 3.01, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06 shall be deposited in a fund, as established by the City for the enhancement of the City's code enforcement efforts and to reimburse City departments for costs associated with the administration of Chapter 3.01, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06. Fees and costs deposited in this fund shall be allocated pursuant to the City’s budget process and as authorized by applicable law.
(Ordinance 9-2005, Added, 09/20/2005)


Section 3.06.050 Allocation of Civil Fees
Civil fees collected pursuant to Chapter 3.01, Chapter 3.02, Chapter 3.03, Chapter 3.04, Chapter 3.05 and Chapter 3.06 shall be deposited in the Milford City general fund. Civil fees deposited in the general fund may be allocated pursuant to the City’s budget process and as authorized by applicable law.
(Ordinance 9-2005, Added, 09/20/2005)



Chapter 3.09
Assessment of the Various Fees
Sections:
3.09.010 Fees and Charges Fixed By Resolution
3.09.020 Interest and Fees on Unpaid Accounts
Section 3.09.010 Fees and Charges Fixed By Resolution
1. Fees and charges to be imposed for the programs and services described hereafter shall be established and amended by resolutions of the Municipal Council.
2. This section applies to the following programs and services:
A. All public services and uses at the city cemetery.
B. The programs pertaining to the city recreation.
C. Costs to replace equipment and materials used by participants of the City Recreation programs and not returned to the City. Costs to be assessed at the actual costs of the replacement.
D. Use of the municipal golf course
E. All services, uses and programs at the Milford City swimming pool facility.
F. Fees for the use of City equipment and man hours.
G. Cost of materials used in the installation of connections for water and sewer including pressure-reducing equipment.
H. Cost to replace media materials from the Milford City Library and not returned. Cost will be assessed at the actual cost of replacement.
I. Fees for administration and postage pertaining to the activities of the Milford Beautification Board. Cost to include the current fees set by the United States Postal Service.
J. Cost for facility rentals in the Milford City Government Offices.
(Ordinance 2-2004, Added, 01/07/2004)


Section 3.09.020 Interest and Fees on Unpaid Accounts
1. Interest calculated at the rate of two (2) percent per month on overdue and unpaid money shall be paid by all purchasers from Milford City of any Milford City programs and services. This section does not apply to licenses regulated under Chapter 6.01.
2. Fees will be imposed for the collection of past due accounts at the cost of $50.00 resulting in collections through any collection agency or small claims court. Additional costs to be imposed are the cost of registered mail and all collection fees assessed by any and all collection agencies or small claims court. Said fees will be figured in the amount before forwarding to the collection agency.
3. Fees will be assessed for all returned checks at the cost of $20.00 per incident.
(Ordinance 2-2004, Added, 01/07/2004)



Chapter 3.13
Records Access and Management
Sections:
3.13.010 Definitions
3.13.020 Right of Public Access
3.13.030 Access to Private, Controlled and Protected Documents
3.13.040 Fees
3.13.050 Requests - Time Limit for Response
3.13.060 Denials
3.13.070 Public Records
3.13.080 Private Records
3.13.090 Controlled Records
3.13.100 Protected Records
3.13.110 Classification
3.13.120 Segregation of Information
3.13.130 Records Management and Retention
3.13.140 Appeals
3.13.150 Judicial Review
3.13.160 Confidential Treatment of Records for Which No Exemption Applies
3.13.170 Criminal Penalties
3.13.180 No Liability for Release
Section 3.13.010 Definitions
“Audit” means a systematic examination of financial, management, program and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations.

“City” means the City of Milford, Utah and its departments, agencies, commissions and boards.

"Chronological logs" means the regular and customary summary records of law enforcement agencies and other public safety agencies that show the time and general nature of police, fire and paramedic calls made to the agency and any arrests or jail bookings made by the agency.

"Classification," "classify," and their derivative forms mean determining whether a record series, record, or information within a record is public, private, controlled, or protected, or exempt from disclosure under Utah code, Section 63-2-201 (3)(b).

"Computer program" means a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program.

"Computer program" does not mean the original data, including numbers, test, voice, graphics and images;
analysis, compilation, and other manipulated forms of the original data produced by use of the program; or
the mathematical or statistical formulas (excluding the underlying mathematical algorithms contained in the program) that could be used if the manipulated forms of the original data were to be produced manually.

"Controlled record" means a record containing data on individuals that is controlled as provided by Section 11.

“Contractor” means any person who contracts with the city to provide goods or services directly to the city: or
any private, nonprofit organization that receives funds from the city.

"Contractor" does not mean a private provider.

“Designation", in "designate", and their derivative forms mean indicating, based on the city's familiarity with a record series or based on the city's review of a reasonable sample of a record series, the primary classification that a majority of records in a record series would be given if classified and the classification that other records typically present in the record series would be given if classified.

“Governmental entity” means the State of Utah, or an agency, office, division, branch, department, agency or other political subdivision of the State of Utah.

“Gross compensation" means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer.

"Initial contract report" means an initial written or recorded report, however titled, prepared by peace officers engaged in public patrol or response duties describing official actions initially taken in response to either a public complaint about or the discovery of an apparent violation of law, which report may describe:
(a) the date, time, location and nature of the complaint, the incident, or offense;(b) the department’s actions taken in response to the incident; © the general nature of any injuries or estimate of damages sustained in the incident; (d) the name, address, and other identifying information about any person arrested or charged in connection with the incident:; (e) the identity of the public safety personnel (except undercover personnel) or prosecuting attorney involved in responding to the initial incident. Initial contact reports do not include follow-up or investigative reports prepared after the initial contact report.

“Individual" means a human being.

"Person" means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.

"Private record" means a record containing data on individuals that is classified private as provided by Section 10.

"Private provider" means any person who contracts with the city to provide services directly to the public.

"Protected record" means a record that is classified protected as provided by Section 12.

"Public record" means a record that has not been appropriately classified private, controlled, or protected as provided in Sections 10, 11, and 12 of this ordinance.

"Record" means all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recording, or other documentary materials, and electronic data regardless of physical form or characteristics, prepared, owned, received, or retained by the city;

“Record" does not mean (I) temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom he is working; (ii) materials that are legally owned by an individual in his private capacity; (iii) materials to which access is limited by the laws of copyright or patent unless the copyright or patent is owned by the city; (iv) proprietary software; (v) junk mail or commercial publication received by the city or an official or employee of the city; (vi) books and other materials that are cataloged, indexed, or inventoried and contained in the collections of libraries open to the public, regardless of physical form or characteristics of the material; (vii) daily calendars and other personal notes prepared by the originator for the originator's personal use or for the personal use of an individual for whom he is working, or (viii) computer programs as defined that are developed or purchased by or for the city for its own use; (ix) notes or internal memoranda prepared as part of the deliberative process by a member of the judiciary, an administrative law judge, a member of, the Board of Pardons, or a member of any other body charged bylaw with performing a quasi-judicial function.

“Record series" means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition.

“Records officer" means the city Recorder and other individuals as appointed by the Mayor to work in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records.

"Summary data" means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information.


Section 3.13.020 Right of Public Access
1. In enacting this section, the city council is acting pursuant to authority granted by Section 63-2-701, Utah Code as amended.
A. This section recognized two constitutional rights:
1. The public’s right of access to information concerning the conduct of the public’s business; and
2. The right of privacy in relation to personal data gathered by governmental entities.
B. This section also recognized a public policy interest in allowing the City to restrict access to certain records as specified in this chapter for the public good.
C. It is the intent of this section to:
1. Promote the public’s right of easy and reasonable access to unrestricted public records;
2. Specify those conditions under which the public interest in allowing restrictions on access to records may outweigh the public’s interest in access.
3. Prevent abuse of confidentiality by permitting confidential treatment of records only as specifically provided by this chapter or other applicable state or federal law;
4. Provide guidelines for both disclosure and restrictions on access to government records, which are based on the equitable weighing of the pertinent interests and which are consistent with nationwide standards of information practices.
5. Favor public access when, in the application of this section countervailing interests are of equal weight; and
6. Establish fair and reasonable records management practices.
2. Every person has the right to inspect a public record free of charge and the right to take a copy of a public record during normal working hours, subject to the payment of costs and fees pursuant to 3.13.040 and 3.13.050, Milford City Code.
3. The following records are not public:
A. Records that are appropriately classified private, controlled, or protected as allowed by Section 3.13.090, 3.13.100, 3.13.110, Milford City Code; and
B. Records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a sate or federal program or for receiving state or federal funds.
4. The city shall provide a person with a copy of a public record if:
A. The person requesting the record has a right to inspect it;
B. Identifies the record with reasonable specificity; and
C. Pays the lawful fees.
5. The city is not required to create a record in response to a request.
6. Milford City may provide a record in a particular format if:
A. the city is able to do so without unreasonably interfering with its governmental duties and responsibilities; and
B. the applicant agrees to pay the additional cost of providing the record in the requested format.
7. Nothing in this ordinance requires the city to fulfill a person's records request if the request unreasonably duplicates prior records requests from that person.
8. If a person requests copies of more than 50 pages of records, and if the records are contained in files that do not contain records that are exempt from disclosure, the city may;
A. Provide the requester with the facilities for copying the requested records and require that the requester make the copies himself; or
B. Allow the requester to provide his own copying facilities and personnel to make the copies at the city offices, and waive the fees for copying the records.
1. If the city owns an intellectual property right and offers the intellectual property right for sale, or license, the city may control by ordinance or policy the duplication, and distribution of the material based on terms the city considers to be in the public interest.
2. Nothing in this ordinance shall be construed to limit or impair the rights or protectors granted to the city under federal copyright or patent law as a result of its ownership of the intellectual property right.
3. The city may not use the physical form, electronic or otherwise, in which a record is stored to deny, or unreasonably hinder the rights of persons to inspect and receive copies of a record under this ordinance.


Section 3.13.030 Access to Private, Controlled and Protected Documents
1. Upon request the city shall disclose a private record to:
A. The subject of the record;
B. The parent or legal guardian of an unemancipated minor who is the subject of the record;
C. The legal guardian of a legally incapacitated individual who is the subject of the record;
D. Any other individual who has a power of attorney from the subject of the record; or submits a notarized release from the subject of the record or his legal representative dated no later than 90 days before the date the request is made; or
E. Any person to whom the record must be provided pursuant to court order.
2. Upon request, the city shall disclose a controlled record to:
A. A physician, psychologist, or certified social worker upon submission of a notarized release from the subject of the record that is dated no more than 90 days prior to the date the request is made and a signed acknowledgment of the terms of disclosure of controlled information as provided by Subsection b; and
B. Any person to whom a record must be disclosed pursuant to Court Order as provided in subsection (7) of this section or a legislative subpoena as provided in Chapter 14, Title 36, Utah Code as amended.
3. If there is more than one subject of a private or controlled record, the portion of the record that pertains to another subject shall be segregated from the portion that the requester is entitled to inspect.
4. Upon request the city shall disclose a protected record to:
A. The person who submitted the information in the record;
B. Any other individual who;
1. Has a power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or
2. Submits a notarized release from their legal representatives dated no more than 90 days prior to the date the request is made; or
C. Any person to whom a record must be provided pursuant to a court order as provided in subsection (7) of this section or a legislative subpoena as provided in Chapter 14, Title 36, Utah Code, as amended.
5. The city may disclose a record classified private, controlled, or protected to another governmental entity, city, another state, the United States, or a foreign government only as provided by Utah Code annotated 63-2-206.
6. Before releasing a private, controlled, or protected record, the city shall obtain evidence of the requester's identity.
7. The city shall disclose a record pursuant to the terms of a court order signed by a judge from a court of competent jurisdiction, provided that:
A. The record deals with a matter in controversy over which the court has jurisdiction.
B. The court has considered the merits of the request for access to the record; and
C. The court has considered and, where appropriate, limited the requester's use and further disclosure of the record in order to protect privacy interests in the case of private or controlled record, business confidentiality interests in the case of records protected under Subsection 63-2-304(1) and (2), and privacy interests or the public interest in the case of other protected records;
D. To the extent the record is properly classified private, controlled, or protected, the interests favoring access, considering limitations thereon, outweigh the interests favoring restriction of access; and
E. Where access if restricted by a rule, statute, or regulation referred to in Subsection 4.3(b), the court has authority independent of this ordinance to order disclosure.
8. The city may disclose or authorize disclosure of private or controlled records for research purposes if the city:
A. Determines that the research purpose cannot reasonably be accomplished without use of disclosure of the information to the researcher in individually identifiable form;
B. Determines that the proposed research is bona fide, and that the value of the research outweighs the infringement upon personal privacy;
C. Requires the researcher to assure the integrity, confidentiality, and security of the records and requires the removal or destruction of the individual identifiers associated with the records as soon as the purpose of the research project has been accomplished;
D. Prohibits the researcher from disclosing the record in individually identifiable form except as provided in Subsection (b), or from using the record for purposes other than the research approved by the city; and
E. Secures from the researcher a written statement of his understanding of an agreement to the conditions of this Subsection and his understanding that violation of the terms of this Subsection may subject him to criminal prosecution under Section 63-2-801 of the Utah Code.
9. A researcher may disclose a record in individually identifiable form if the record is disclosed for the purpose of auditing or evaluating the research program and no subsequent use or disclosure of the record in individually identifiable form will be made by the auditor or evaluator except as provided by this section.
10. The city may require indemnification as a condition of permitting research under this subsection.
A. Under Subsection 4.5(b) and Section 16-4 the city may disclose records that are private under Section 10, or protected under Section 12 to persons other than those specified in this section.
B. Under Section 16 the city council may require the disclosure of records that are private under Section 10, controlled under Section 11, or protected under Section 12 to persons other than those specified in this section.
C. Under Subsection 63-2-404(8) of the Utah code the court may require the disclosure of records that are private under section 10, controlled under Section 11, or protected under Section 13 to persons other than those specified in this section.


Section 3.13.040 Fees
1. The Mayor shall propose, and the city council shall establish and revise as necessary, a schedule of reasonable fees for the cost of duplicating a record or compiling a record. The full cost of making a record available may be charged by the City including all costs associated in compiling a record in a form or format other than that maintained by the City.
A. The ordinary fee for providing a photocopy of a record shall be twenty five cents ($.25) per page photocopied.
B. Where City employees are required to assemble or compile a record, a department may charge a fee equal to fifty cents per page or ten dollars per hour, whichever most accurately reflects the actual cost of assembling or compiling the record.
C. When a request is made for copies of pictures, computer diskettes, cassette tapes, or other miscellaneous records, a department may charge the full cost of duplication, including $10.00 per hour for the actual time spent by the employee in making or obtaining the duplication.
D. When a request is made for copies of a record which contains more than one subject of a private or controlled record, the portion of the record that pertains to another subject shall be segregated from the portion that the applicant is entitled to inspect and the applicant shall pay the full cost of making the newly formed record, including all costs associated in compiling the requested information into a form or format other than that maintained by the City, which may include any professional fees associated with compiling the record into the new form or format which is not otherwise maintained by the City.
2. A city may fulfill a record request without charge when it determines that:
A. Releasing the record primarily benefits the public rather than a person;
B. The individual requesting the record is the subject of the record; or
C. The requester's legal rights are directly implicated by the information in the record, and the requester is impecunious.
3. A city may not charge a fee for:
A. Reviewing a record to determine whether it is subject to disclosure or
B. Inspecting a record.
4. This section does not apply to, alter, repeal, or reduce fees established by other section of the Milford City Code or other statutes.
5. Payment for the duplication of a record shall be paid before a record application is processed if the fees are expected to exceed fifty dollars ($50), or if the applicant has not paid fees from previous requests. Any prepaid amount in excess of the actual cost due shall be returned to the applicant.


Section 3.13.050 Requests - Time Limit for Response
1. A person making a request for a record shall furnish the city with a written request on Milford City form Written Request (Form Number 47) containing his name, mailing address, daytime telephone number if available, and a description of the records requested that identifies the record with reasonable specificity.
2. As soon as reasonably possible, but no later than ten business days after receiving a written request, or five business days after receiving a written request if the requester demonstrates that expedited response to the record request benefits the public rather than the person, the city shall respond to the request by;
A. Approving the request and providing the record;
B. Denying the request;
C. Notifying the requester that it does not maintain the record and providing, if known, the name and address of where the record can be found; or
D. Notifying the requester that because of one of the extraordinary circumstances listed in, subsection 4, it, cannot immediately approve or deny the request. The notice shall describe the circumstances relied upon and specify the earliest time and date when the records will be available.
3. Any person who requests a record to obtain information for a story or report for publication or broadcast to the general public is presumed to be acting to benefit the public rather than a person.
4. The following circumstances constitute "extraordinary circumstances" that allow the city to delay approval or denial by an additional period of time as specified in Subsection 5 if the city determines that due to the extraordinary circumstances it cannot respond within the time limits provided in Subsection 3:
A. Another governmental entity is using the record, in which case the city shall promptly request that the governmental entity currently in possession return the record;
B. Another governmental entity is using the record as part of an audit and returning the record before the completion of the audit would impair the conduct of the audit;
C. The request is for a voluminous quantity of records;
D. The city is currently processing a large number of records requests;
E. The request requires the city to review a large number of records to locate the records requested;
F. The decision to release a record involves legal issues that require the city to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law;
G. Segregating information that the requester is entitled to inspect from information that the requester is not entitled to inspect requires extensive editing; or
H. Segregating information that the requester is entitled to inspect from information that the requester is not entitled to inspect requires computer programming.
5. If a department claims that one of the extraordinary circumstances applies, the department shall:
A. Disclose the public records that is has located.
B. Provide the applicant with an estimate of the amount of time it will take to finish the work required to respond to the request; and
C. Complete the search and disclose those records the applicant is entitled to inspect as soon as reasonably possible.
6. If a request for access is accepted by a department of the City not in possession of the record, the department shall promptly forward the application to the City Recorder. If the request is forwarded promptly, the time limit for response begins when the application is received by the City Recorder.
7. Delay in making a record available shall not alone constitute a denial unless a record is available and the City fails to provide the requested record within the time period specified by the Milford City Code.


Section 3.13.060 Denials
1. If the city denies the request in whole or part, it shall provide a notice of denial to the requester either in person or by sending the notice to requester's address.
2. The notice of denial shall contain the following information:
A. A description of the record or portions of the record to which access was denied, provided that the description does not disclose private, controlled, or protected information or records to which access is restricted pursuant to court rule, another state statue, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal fund.
B. Citations to the provisions of this ordinance, another state statute, federal stature, court rule or order or federal regulation that exempt the record or portions of the record from disclosure, provided that the citations do not disclose private, controlled, or protected information;
C. Statement that the requester has the right to appeal the denial to the city council; and
D. A brief summary of the appeals process, and the time limits for filing an appeal.
3. Unless otherwise required by a court or agency of competent jurisdiction, the city may not destroy or give up custody of any record to which access was denied until the period for an appeal has expired or the end of the appeals process, including judicial appeal.


Section 3.13.070 Public Records
1. The following records are public:
A. Laws and ordinances;
B. Names, gender, gross compensation, job titles, job descriptions, business addresses, business telephone numbers, number of hours worked per pay period, dates of employment, and relevant education, previous employment and similar job qualification of the city's former and present employees and officers excluding undercover law enforcement personnel or investigative personnel if disclosure could reasonably be expected to impair the effectiveness of investigations or endanger any individual's safety;
C. Final opinion, including concurring and dissenting opinions, and orders that are made by the city in an administrative, adjudicative, or judicial proceeding except that if the proceedings were properly closed to the public, the opinion and order may be withheld to the extent that they obtain information that is private, protected, or controlled;
D. Final interpretation of statutes or rules by the city unless classified as protected.
E. Information contained in or compiled from a transcript, minutes, or report of the open portion of a meeting of the city including the records of all votes of each member of the city council;
F. Judicial records unless a court orders the records to be restricted under the rules of civil or criminal procedure or unless the records are private under this ordinance;
G. Records filed with or maintained by county Recorders, clerks, treasurers, surveyors, zoning commissions the Division of State Lands and Forestry, the Division of Oil, Gas and Mining, the Division of Water Rights, or other governmental entities that give public notice of;
H. Titles or encumbrances to real property;
I. Restrictions on the use of real property;
J. The capacity of persons to take or convey title to real property; or
K. Tax status for real and personal property;
L. Records of the Department of Commerce that evidence incorporation, mergers, name changes, and uniform commercial code filings;
M. Data on individuals that would otherwise be private under this ordinance if the individual who is the subject of the record has given the city written permission to make the records available to the public;
N. Documentation of the compensation that the city pays to a contractor or private provider; and
O. Summary data.
2. The following records are normally public, but to the extent that a record is expressly exempt from disclosure, access may be restricted.
A. Administrative staff manuals, instructions of staff, and statements of policy;
B. Records documenting a contractor's or private provider's compliance with the terms of a contract with the city;
C. Records documenting the services provided by a contractor or a private provider to the extent the records would be public if prepared by the city;
D. Contracts entered into by the city;
E. Any account, voucher, or contract that deals with the receipt or expenditure of funds by the city;
F. Records relating to governmental assistance or incentives publicly disclosed, contracted for, or given by the city, encouraging a person to expand or relocate a business in Utah, except as provided in Subsection 63-2-304(34) of the Utah Code.
G. Chronological logs and initial contact reports;
H. Correspondence by and with the city in which the city determines or states an opinion upon the rights of the state, a political subdivision, the public, or any person;
I. Empirical data contained in drafts if:
1. The empirical data is not reasonably available to, the requester elsewhere in similar form; and
2. The city is given a reasonable opportunity to correct any errors or make nonsubstantive changes before release;
3. Drafts that are circulated to anyone other than the city, state or to anyone other than a federal agency if the city, state or federal agency are jointly responsible for implementation of a program or project that has been legislatively approved; and
4. Drafts that have never been finalized but were relied upon by the city in carrying out action or policy;
5. Original data in a computer program if the city chooses not to disclose the program;
6. Records that would disclose information relating to formal charges or disciplinary actions against a past or present City employee if:
a. The disciplinary action has been completed and all time periods for administrative appeal have expired; and
b. The formal charges were sustained;
J. Final audit reports;
K. Occupational and professional licenses;
L. Business licenses; and
M. Records that do not contain data on individuals if the public’s interest in access outweighs the City’s or other person’s interest of non-disclosure.
N. A notice of violation, a notice of agency action under Section 63-46b-3 of the Utah Code, or similar records used to initiate proceedings for discipline or sanctions against persons regulated by the city, but not including records that initiate employee discipline.
3. The list of public records in this section is not exhaustive and should not be used to limit accesses to records.


Section 3.13.080 Private Records
1. The following records are private:
A. Records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels;
B. Records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data;
C. Records of publicly funded libraries that when examined alone or with other records identify a patron;
D. Records received or generated in a Senate or House ethics committee concerning any alleged violation of the rules on legislative ethics if the ethics committee meeting was closed to the public;
E. Records concerning a current or former employee of, or applicant for employment with the city that would disclose that individual's home address, home telephone number, social security number, insurance coverage, marital status or payroll deductions.
2. The following records are private if properly classified by the city:
A. Records concerning a current or former employee of, or applicant for employment with the city, including performance evaluations and personal status information such as race, religion, or disabilities, but not including records that are public under the authority of this chapter.
B. Records describing an individual's finances, except that the following are public;
1. Records described in Section 3.13.070, Milford City Code;
2. Information provided to the city for the purpose of complying with a financial assurance requirement; or
3. Records that must be disclosed in accordance with another statute;
C. Records of independent state agencies if the disclosure of those records would conflict with the fiduciary obligations of the agency;
D. Other records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy.
E. Records provided by the United States or by a governmental entity outside the state that are given with the requirement that the records be managed as private records, if the providing entity states in writing that the record would not be subject to public disclosure if retained by it.


Section 3.13.090 Controlled Records
A record is controlled only if;
1. The record contains medical, psychiatric, or psychological data about an individual;
2. The city reasonably believes that:
A. Releasing the information in the record to the subject of the record would be detrimental to the subject's mental health or to the safety of any individual; or
B. Releasing the information would constitute a violation of normal professional practice and medical ethics; and
C. The city has properly classified the record.


Section 3.13.100 Protected Records
The following records are protected if properly classified by the city:
1. Trade secrets as defined in Section 13-24-2 of Utah Code Annotated if the person submitting the trade secret has provided the city with the information specified in section 63-2-308 of Utah Code Annotated.
2. Commercial information or non individual financial information obtained from a person if:
A. Disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the city to obtain necessary information in the future;
B. The person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and
C. The person submitting the information has provided the city with the information specified in Section 63-2-308 of Utah Code Annotated.
3. Commercial or financial information acquired or prepared by the city to the extent that a disclosure would lead to financial speculations in currencies, securities, or commodities that will interfere with a planned transaction by the city or cause substantial financial injury to the city or cause substantial financial injury to the city or state economy.
4. Test questions and answers to be used in future license, certification, registration, employment or academic examination;
5. Records the disclosure of which would impair governmental procurement or give an unfair advantage to any person proposing to enter into a contract or agreement with the city, except that this subsection does not restrict the right of a person to see bids submitted to or be the city after bidding has closed;
6. Records that would identify real property or the appraisal or estimated value of real or personal property, including intellectual property, under consideration for public acquisition before any rights to the property are acquired unless;
A. Public interest in obtaining access to the information outweighs the city's need to acquire the property on the best terms possible;
B. The information has already been disclosed to persons not employed by or under a duty of confidentiality to the entity;
C. In the case of records that would identify property, potential sellers of the property described have already learned of the city's plans to acquire the property;
D. In the case of records that would identify the appraisal or estimated value of property, the potential sellers have already learned of the city's estimated value of the property;
7. Records prepared in contemplation of sale, exchange, lease, rental, or other compensated transaction of real or personal property including intellectual property, which, if disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of the subject property, unless:
A. The public interest in access outweighs the interest in restricting access, including the city's interest in maximizing the financial benefit of the transaction; or
B. When prepared by or on behalf of the city, appraisals or estimates of the value of the subject property have already been disclosed to persons not employed by or under a duty of confidentiality to the city.
8. Records created or maintained for civil, criminal, or administrative enforcement purposes or audit purposes, or for discipline, licensing, certification or registration purposes if release of the records:
A. Reasonably could be expected to interfere with investigations undertaken for enforcement, discipline, licensing, certification, or registration purposes;
B. Reasonably could be expected to interfere with audits, disciplinary, or enforcement proceedings;
C. Would create a danger of depriving a person of a right to a fair trial or impartial hearing;
D. Reasonably could be expected to disclose the identity of a source who is not generally known outside of government and, in the case of a record compiled in the course of an investigation, disclose information furnished by a source not generally known outside of government if disclosure would compromise the source; or
E. Reasonably could be expected to disclose investigative or audit techniques, procedures, policies, or orders not generally known outside of government if disclosure would interfere with enforcement or audit efforts;
F. Records the disclosure of which would jeopardize the life or safety of an individual;
9. Records the disclosure of which would jeopardize the security of governmental property, governmental programs, or governmental record keeping systems from damage, theft, or other appropriation or use contrary to law or public policy;
10. Records that, if disclosed, would jeopardize the security or safety of a correctional facility, or records relating to incarceration, treatment, probation, or parole, that would interfere with the control and supervision of an offender's incarceration, treatment, probation or parole;
11. Records that if disclosed, would reveal recommendations made to the Board of Pardons by an employee of or contractor for the Department of Corrections, the board of Pardons, or the Department of Human Services that are based on the employee's or contractor's supervision, diagnosis, or treatment of any person within the board's jurisdiction;
12. Records and audit work papers that identify audit, collection and operational procedures and methods used by the Utah State Tax Commission if Disclosure would interfere audits or collections;
13. Records of a governmental audit agency relating to an ongoing or planned audit until the final audit is released;
14. Records prepared by or on behalf of the city solely in anticipation of litigation that are not available under the rules of discovery;
15. Records disclosing an attorney's work product, including the mental impressions or legal theories of an attorney or other representative of the city concerning litigation;
16. Records of communications between the city and an attorney representing, retained or employed by the city if the communications would be privileged as provided in section 78-24-8 of Utah Code Annotated.
17. Drafts, unless otherwise classified as public;
18. Records concerning the city's strategy about collective bargaining or pending litigation;
19. Records of investigations of loss occurrences and analyses of loss occurrences
20. Records, other than personnel evaluations, that contain a personal recommendation concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal privacy, or disclosure is not in the public interest.
21. Records that reveal the location of historic, prehistoric, paleontological, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information;
22. Records of independent state agencies if the disclosure of the records would conflict with the fiduciary obligations of the agency;
23. Records provided by the United States or by a government entity outside the state that are given to the city with a requirement that they be managed as protected records if the providing entity certifies that the record would not be subject to public disclosure if retained by it;
24. Transcripts, minutes, or reports of the closed portion of a meeting of a public body except as provided in Section 52-4-7 of the open and Public Meeting Act;
25. Records that would reveal the contents of settlement negotiations but not including final settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
26. Memoranda prepared by staff and used in the decision-making process by an administrative law judge, a member of the Board of Pardons, or a member of any other body charged by law with performing a quasi-judicial function;
27. Records that would reveal negotiations regarding assistance or incentives offered by or requested from the city for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the city at a competitive disadvantage, but this section may not be used to restrict access to a record evidencing a final contract; and
28. Materials to which access must be limited for purposed of securing or maintaining the city's proprietary protection of intellectual property rights including patents, copyrights, and trade secrets.


Section 3.13.110 Classification
1. The city shall
A. Evaluate all record series that it uses or creates;
B. Designate those record series as provided by this ordinance;
C. Report the designation of its record services to the state archives.
2. The city may classify a particular record, record series, or information within a record at any time, but is not required to classify a particular record, record series, or information until access to the record is requested.
3. The city may redesignate a record series or reclassify a record or record series, or information within a record at any time.


Section 3.13.120 Segregation of Information
Notwithstanding any other provision in this ordinance, if the city receives a request for access to a record that contains both information that the requester is entitled to inspect and information that the requester is not entitled to inspect under this ordinance, and, if the information the requester is entitled to inspect is intelligible, the city:
1. Shall allow access to information in the record that the requester is entitled to inspect under this ordinance; and
2. May deny access to information in the record if the information is exempt from disclosure to the requester, issuing a notice of denial.


Section 3.13.130 Records Management and Retention
1. The City Recorder shall under the direction of the administration:
A. establish and maintain an active, continuing program for the economic and efficient management and retention of the City’s records as provided by this chapter and Utah law;
B. work with the state archives in the care, maintenance, scheduling, disposal, classification, access, and preservation of records;
C. cooperate in surveys conducted by the state archivist.
2. Unless otherwise provided by law, the Milford City Code or other ordinance, each department of the city shall retain records for the appropriate time period set forth in the Utah Municipal General Records Retention Schedule.
3. If no Utah Municipal General Records Retention Schedule exists for a particular record, before a department destroys a record, the department shall contact the City Recorder, who shall review the record and prepare and submit to the Administration and City council a recommended retention schedule for the record. Upon approval of the schedule by the Administration and City council, each department shall retain the record for the period of time required by the approved record schedule.


Section 3.13.140 Appeals
1. Any person aggrieved by the city's access determination under this ordinance, including a person not a party to the city's proceeding, may appeal the determination to the Mayor and city council by filing a notice of appeal.
2. If the city claims extraordinary circumstances and specifies the date when the records will be available and, if the requester believes the extraordinary circumstances do not exist or that the time specified is unreasonable, the requester may appeal the city's claim of extraordinary circumstances or date fore compliance within 30 days after notification of a claim of extraordinary circumstances by the city, despite the lack of a "determination" or it equivalent.
3. If the appeal involves a record that is the subject of a business confidentiality claim under Section 63-2-308 of the Utah Code, the city Recorder shall:
A. Send notice of the requester's appeal to the business confidentiality claimant within three business days after receiving notice, except that if notice under this section must be given to more than 35 persons, it shall be given as soon as reasonably possible;
B. Send notice of the business confidentiality claim and the schedule for the city Recorder's determination to the requester within three business days after receiving notice of the requester is appeal.
4. The claimant shall have seven business days after notice is sent by the City Recorder to submit further support, for the claim of business confidentiality.
A. The Mayor shall make a determination on any appeal within the following period of time:
B. Within five business days after the Mayor's receipt of the notice of appeal; or
C. Within twelve business days after the city sends to requester's notice of appeal to a person who submitted a claim of business confidentiality.
5. If the Mayor fails to make a determination within the time specified in Subsection (3)(a), the failure shall be considered the equivalent of an order denying the appeal.
6. The provisions of this section notwithstanding, the parties participating in the proceeding may, by agreement, extend the time periods specified in this section.
7. The Mayor may, upon consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or nondisclosure, order the disclosure of information properly classified as private under Section 10.2 or protected under Section 12 if the interests favoring access outweigh the interest favoring restriction of access.
8. The city shall send written notice of the determination of the Mayor to all participants. If the Mayor affirms the denial in whole or in part, the denial shall include a statement that the requester has the right to appeal the denial to the City Council, and the time limits for filing an appeal.
9. The duties of the Mayor under this section may be delegated.
10. The notice of appeal to the City Council must be filed with the City Recorder no later than 30 days after the Mayor has denied the appeal or fails to make a determination within the time specified in by this chapter.
11. The notice of appeal shall contain the following information:
A. The petitioner's name, mailing address, and daytime telephone number; and
B. The relief sought.
c. The petitioner may file a short statement of facts, reasons, and legal authority in support of the appeal.
12. No later than three days after receiving a notice of appeal, the Recorder shall:
A. Schedule a hearing for the city council to discuss the appeal which shall be held no sooner than 15 days and no later than 30 days from the date of the filing of the appeal;
B. At the hearing, the city council shall allow the parties to testify, present evidence, and comment on the issues. The city council may allow other interested persons to comment on the issues.
C. No later than three business days after the hearing, the city council shall issue a signed order either granting the petition in whole or in part or upholding the determination of the city in whole or in part.
13. The order of the city shall include:
A. A statement of reasons for the decision, including citations to this ordinance or federal regulation that governs disclosure of the records, provided that the citations do not disclose a private, controlled, or protected information;
B. A description of the record or portions of the record to which access was ordered or denied, provided that the description does not disclose private, controlled, or protection information;
C. A statement that any party to the appeal may appeal the city's decision to district court; and
D. A brief summary of the appeal, and a notice that in order to protect its rights on appeal, the party may wish to seek advice from an attorney.
14. A person aggrieved by the city's classification or designation determination under this chapter, but who is not requesting access to the records, may appeal that determination using the procedures provided in this sections. if a nonrequestor is the only appellant, the procedures provided n this section shall apply, except that the determination on the appeal shall be made within 30 days after receiving the notice of appeal.


Section 3.13.150 Judicial Review
Any party to a proceeding before the city council may petition for judicial review by the district court of the city council's order. The petition shall be filed no later than 30 days after the date of the city council's order.


Section 3.13.160 Confidential Treatment of Records for Which No Exemption Applies
1. A court may, on appeal or in a declaratory or other action, order the confidential treatment of records for which no exemption from disclosure applies if:
A. There are compelling interest favoring restriction of access to the record; and
B. The interests favoring restriction of access clearly outweigh the interests favoring access.
2. If the city requests a court to restrict access to a record under this section the court shall require the city to pay the reasonable attorney's fees incurred by the lead party in opposing the city's request, if:
A. The court finds that no statutory or constitutional exemption from disclosure could reasonably apply to the record in question; and
B. The court denies confidential treatment under this section.
3. This section does not apply to records that are specifically required to be public under Section 9 of this ordinance or Section 63-2-301 of the Utah Code, except as provided in Subsection 4.
4. Access to drafts and empirical data in drafts may be limited under this section, but the court may consider, in its evaluation of interests favoring restriction of access, only those interest that relate to the underlying information, and not to the deliberative nature of the record.
5. Access to original data in a computer program may be limited under this section, but the court may consider, in its evaluation of interest favoring restriction of access, only those interest that relate to the underlying information, and not to the status of that data as part of a computer program.


Section 3.13.170 Criminal Penalties
1. A public employee or other person who has lawful access to any private, controlled, or protected record under this chapter, and who intentionally discloses or provides a copy of a private, controlled or protected record to any person knowing that such disclosure is prohibited, is guilty of a class B misdemeanor.
2. It is a defense to prosecution under Subsection (1)(a) that the actor released private, controlled or protected information in the reasonable belief that the disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office, or misappropriation of public funds or property.
3. It is a defense to prosecution under Subsection (1)(a) that the record could have lawfully been released to the recipient if it had been properly classified.
4. A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any private, controlled, or protected record to which he is not legally entitled is guilty of a class B misdemeanor.
5. No person shall be guilty under Subsection (2)(a) who receives the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery or theft.
6. A public employee who intentionally refuses to release a record the disclosure of which the employee knows is required by law or by final unappealed order from a city, the records committee, or a court, is guilty of a class B misdemeanor.


Section 3.13.180 No Liability for Release
Neither the city nor any officer or employee of the City is liable for damages resulting from the release of a record where the person or government entity requesting the record presented evidence of authority to obtain the record even if it is subsequently determined that the applicant had no actual authority
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