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(1) In order to initiate the declaration of a rental nuisance, the City shall send the owner a copy of this Part and a notice containing the following information:

a. The owner’s name;

b. The address of the property alleged to contain a rental nuisance;

c. The circumstances constituting the nuisance;

d. The date, time, and location of a hearing to determine whether a rental nuisance exists.

(2) The notice required by subsection (1) above shall be served in accordance with Title 10.

(3) A hearing shall be held before the administrative law judge in accordance with the procedures set forth in Title 10. The hearing shall be limited to whether the circumstances alleged by the City exist and whether those circumstances constitute a rental nuisance pursuant to Section 17-2-804.

(4) If the administrative law judge finds by a preponderance of the evidence that any of the conditions set forth in Section 17-2-804 exists, the administrative law judge shall declare the existence of a rental nuisance. If the administrative law judge finds by a preponderance of the evidence that none of the conditions set forth in Section 17-2-804 exist, the administrative law judge shall not declare the existence of a rental nuisance.

(5) If the administrative law judge declares the existence of a rental nuisance, the penalties set forth in Section 17-2-806 shall be imposed, with said penalties only to be reduced in accordance with the provisions of a remediation agreement between the City and the owner.

(6) In the event of any conflict between the provisions of this Part and any other provision of the West Valley City Municipal Code, this Part shall govern.

(Ord. No. 18-24 Enacted 06/19/2018)