26-23-6 - Criminal and civil penalties and liability for violations. - Utah Statutes

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Statutes > Utah > Title-26 > Chapter-23 > 26-23-6

26-23-6. Criminal and civil penalties and liability for violations.
(1) (a) Any person, association, or corporation, or the officers of any of them, whoviolates any provision of this chapter or lawful orders of the department or a local healthdepartment in a criminal proceeding is guilty of a class B misdemeanor for the first violation, andfor any subsequent similar violation within two years, is guilty of a class A misdemeanor, exceptthis section does not establish the criminal penalty for violation of Section 26-23-5.5.
(b) Conviction in a criminal proceeding does not preclude the department or a localhealth department from assessment of any civil penalty, administrative civil money penalty or todeny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(2) Any person, association, or corporation, or the officers of any of them, who violatesany provision of this title or lawful orders of the department or a local health department, or rulesadopted under this title by the department:
(a) shall be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of$10,000 per violation; or
(b) in an administrative action in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, or similar procedures adopted by local or county government, a penalty not toexceed the sum of $10,000 per violation.
(3) Assessment of any civil penalty or administrative penalty does not preclude thedepartment or a local health department from seeking criminal penalties or to deny, revoke,impose conditions on, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(4) In addition to any penalties imposed under Subsection (1), the person, association, orcorporation, or the officers of any of them is liable for any expense incurred by the department inremoving or abating any health or sanitation violations, including any nuisance, source of filth,cause of sickness, or dead animal.
(5) Each day of violation of a provision of this title, lawful orders of the department or alocal health department, or rules adopted by the department under it is a separate violation.

Amended by Chapter 347, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-23 > 26-23-6

26-23-6. Criminal and civil penalties and liability for violations.
(1) (a) Any person, association, or corporation, or the officers of any of them, whoviolates any provision of this chapter or lawful orders of the department or a local healthdepartment in a criminal proceeding is guilty of a class B misdemeanor for the first violation, andfor any subsequent similar violation within two years, is guilty of a class A misdemeanor, exceptthis section does not establish the criminal penalty for violation of Section 26-23-5.5.
(b) Conviction in a criminal proceeding does not preclude the department or a localhealth department from assessment of any civil penalty, administrative civil money penalty or todeny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(2) Any person, association, or corporation, or the officers of any of them, who violatesany provision of this title or lawful orders of the department or a local health department, or rulesadopted under this title by the department:
(a) shall be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of$10,000 per violation; or
(b) in an administrative action in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, or similar procedures adopted by local or county government, a penalty not toexceed the sum of $10,000 per violation.
(3) Assessment of any civil penalty or administrative penalty does not preclude thedepartment or a local health department from seeking criminal penalties or to deny, revoke,impose conditions on, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(4) In addition to any penalties imposed under Subsection (1), the person, association, orcorporation, or the officers of any of them is liable for any expense incurred by the department inremoving or abating any health or sanitation violations, including any nuisance, source of filth,cause of sickness, or dead animal.
(5) Each day of violation of a provision of this title, lawful orders of the department or alocal health department, or rules adopted by the department under it is a separate violation.

Amended by Chapter 347, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-23 > 26-23-6

26-23-6. Criminal and civil penalties and liability for violations.
(1) (a) Any person, association, or corporation, or the officers of any of them, whoviolates any provision of this chapter or lawful orders of the department or a local healthdepartment in a criminal proceeding is guilty of a class B misdemeanor for the first violation, andfor any subsequent similar violation within two years, is guilty of a class A misdemeanor, exceptthis section does not establish the criminal penalty for violation of Section 26-23-5.5.
(b) Conviction in a criminal proceeding does not preclude the department or a localhealth department from assessment of any civil penalty, administrative civil money penalty or todeny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(2) Any person, association, or corporation, or the officers of any of them, who violatesany provision of this title or lawful orders of the department or a local health department, or rulesadopted under this title by the department:
(a) shall be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of$10,000 per violation; or
(b) in an administrative action in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, or similar procedures adopted by local or county government, a penalty not toexceed the sum of $10,000 per violation.
(3) Assessment of any civil penalty or administrative penalty does not preclude thedepartment or a local health department from seeking criminal penalties or to deny, revoke,impose conditions on, or refuse to renew a permit, license, or certificate or to seek otherinjunctive or equitable remedies.
(4) In addition to any penalties imposed under Subsection (1), the person, association, orcorporation, or the officers of any of them is liable for any expense incurred by the department inremoving or abating any health or sanitation violations, including any nuisance, source of filth,cause of sickness, or dead animal.
(5) Each day of violation of a provision of this title, lawful orders of the department or alocal health department, or rules adopted by the department under it is a separate violation.

Amended by Chapter 347, 2009 General Session