State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-1604

78B-6-1604. Collection of civil penalty.
(1) A local entity shall mail a notice of the civil penalty amount for which an individualis liable by first-class or certified mail within 14 days of the day after which a citation is issuedunder Section 78B-6-1603. The notice shall contain the following information:
(a) the name of the one or more individuals being held liable for the payment of the civilpenalty;
(b) the address of the location where the underage drinking gathering occurs;
(c) the date and time of the response;
(d) the name of an emergency service provider who responds to the underage drinkinggathering; and
(e) an itemized list of the response costs for which the one or more individuals are liable.
(2) (a) An individual liable under Section 78B-6-1603 shall remit payment of a civilpenalty to the local entity that provides the notice required by Subsection (1) within 90 days ofthe date on which the notice is sent.
(b) Notwithstanding Subsection (2)(a), a local entity may:
(i) reduce the amount of a civil penalty; or
(ii) negotiate a payment schedule for a civil penalty.
(3) (a) A civil penalty imposed under this section may be appealed as provided in Section78B-6-1606.
(b) Notwithstanding Subsection (4), the payment of a civil payment is stayed upon anappeal made pursuant to Section 78B-6-1606.
(4) (a) The amount of a civil penalty owed under this part is considered a debt owed tothe local entity by the individual held liable under this part for an underage drinking gathering.
(b) After the notice required by Subsection (1), an individual owing a civil penalty isliable in a civil action brought in the name of the local entity for recovery of:
(i) the civil penalty; and
(ii) reasonable attorney fees.

Enacted by Chapter 187, 2009 General Session