Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 10. Table of Contents]
10-11-1 Abatement of weeds, garbage, refuse, and unsightly objects.
A municipal legislative body may designate, and regulate
the abatement of, injurious and noxious weeds, garbage, refuse,
or any unsightly or deleterious objects or structures, and
may appoint a municipal inspector for the purpose of carrying
out the provisions of this chapter.
2003
10-11-2 Notice to property owners.
It shall be the duty of such city inspector to make careful
examination and investigation, as may be provided by ordinance,
of the growth and spread of such injurious and noxious weeds,
and of garbage, refuse or unsightly or deleterious objects
or structures; and it shall be his duty to ascertain the
names of the owners and descriptions of the premises where
such weeds, garbage, refuse, objects or structures exist,
and to serve notice in writing upon the owner or occupant
of such land, either personally or by mailing notice, postage
prepaid, addressed to the owner or occupant at the last known
post-office address as disclosed by the records of the county
assessor, requiring such owner or occupant, as the case may
be, to eradicate, or destroy and remove, the same within
such time as the inspector may designate, which shall not
be less than ten days from the date of service of such notice.
One notice shall be deemed sufficient on any lot or parcel
of property for the entire season of weed growth during that
year. The inspector shall make proof of service of such notice
under oath, and file the same in the office of the county
treasurer.
1953
10-11-3 Neglect of property owners - Removal by city - Costs of removal.
(1) (a) If any owner or occupant of lands described in the notice under Section 10-11-2 fails or neglects to eradicate, or destroy and remove, the weeds, garbage, refuse, objects, or structure upon the premises in accordance with the notice, the inspector shall:
(i) at the expense of the municipality, employ necessary assistance and cause the weeds, garbage, refuse, objects, or structures to be removed or destroyed; and
(ii) prepare an itemized statement of all expenses, including administrative expenses, incurred in the removal and destruction of the weeds, garbage, refuse, objects, or structures and mail a copy of the statement to the owner demanding payment within 30 days of the date of mailing.
(b) Each notice under Subsection (1)(a) shall be considered delivered when mailed by certified mail addressed to the property owner's last-known address.
(2) (a) If the owner fails to make payment of the amount set forth in the statement to the municipal treasurer within the required 30 days, the inspector, on behalf of the municipality, may:
(i) cause suit to be brought in an appropriate court of law; or
(ii) refer the matter to the county treasurer as provided in Subsection (2)(c).
(b) If collection of the costs are pursued through the courts, the municipality may:
(i) sue for and receive judgment upon all of the costs of removal and destruction, including administrative costs, together with reasonable attorneys' fees, interest, and court costs; and
(ii) execute on the judgment in the manner provided by law.
(c) If the inspector elects to refer the matter to the county treasurer for inclusion in the tax notice of the property owner, the inspector shall:
(i) make, in triplicate, an itemized statement of all expenses, including administrative expenses, incurred in the removal and destruction of the weeds, garbage, refuse, objects, or structures; and
(ii) deliver the three copies of the statement to the
county treasurer within ten days after the expiration of
the 30-day period provided in the statement under Subsection
(1)(a)(ii).
2005
10-11-4 Costs of removal to be included in tax notice.
Upon receipt of the itemized statement of the cost of
destroying or removing such weeds, refuse, garbage, objects,
or structures, the county treasurer shall forthwith mail
one copy to the owner of the land from which the same were
removed, together with a notice that objection in writing
may be made within 30 days to the whole or any part of the
statement so filed to the county legislative body. The county
treasurer shall at the same time deliver a copy of the statement
to the clerk of the county legislative body. If objections
to any statement are filed with the county legislative body,
they shall set a date for hearing, giving notice thereof,
and upon the hearing fix and determine the actual cost of
removing the weeds, garbage, refuse, or unsightly or deleterious
objects or structures, and report their findings to the county
treasurer. If no objections to the items of the account so
filed are made within 30 days of the date of mailing such
itemized statement, the county treasurer shall enter the
amount of such statement on the assessment rolls of the county
in the column prepared for that purpose, and likewise within
ten days from the date of the action of the county legislative
body upon objections filed shall enter in the prepared column
upon the tax rolls the amount found by the county legislative
body as the cost of removing and destroying the said weeds,
refuse, garbage or unsightly and deleterious objects or structures.
If current tax notices have been mailed, said taxes may be
carried over on the rolls to the following year. After the
entry by the county treasurer of the costs of removing weeds,
garbage, refuse or unsightly and deleterious objects or structures
the amount so entered shall have the force and effect of
a valid judgment of the district court, and shall be a lien
upon the lands from which the weeds, refuse, garbage or unsightly
and deleterious objects or structures were removed and destroyed,
and shall be collected by the county treasurer at the time
of the payment of general taxes. Upon payment thereof receipt
shall be acknowledged upon the general tax receipt issued
by the treasurer.
1993
