7.02.100 Appeal.
A. Any responsible person adversely affected by an administrative enforcement order made in the exercise of the provisions of this title may file a petition for review in the third district court of Salt Lake County.
B. The petition shall be barred unless it is filed within thirty days after the administrative enforcement order is final.
C. In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary or capricious.
D. The court shall:
1. Presume that the administrative enforcement order is valid;
2. Review the record to determine whether the order was arbitrary, capricious, or illegal; and
3. Affirm the administrative enforcement order if it is supported by evidence.
E. If appealed, the record of the proceedings including minutes, findings, orders and, if available, a true and correct recording of the proceeding shall be transmitted to the reviewing court within thirty days of the notice of appeal.
F. 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.
G. The filing of a petition does not stay execution of an administrative enforcement order. The administrative enforcement order shall stand unless and until the district court stays the administrative enforcement order pending review. (Ord. 2020-01 § 1 (Exh. A (part)); Ord. 8/27/2002A (part))