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DIVISION 1. - GENERALLY#
Sec. 10-19. - Itemized statement.#
The nuisance inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances and shall mail a copy thereof to the owner, occupant, or both, or to persons having an interest in the property, demanding payment within 20 days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail addressed to the last known address of the property owner, occupant or persons having an interest in the property.
(Code 1981, § 10-354)
Sec. 10-20. - Failure to make payment.#
In the event the owner, occupant or person having an interest in the property fails to make payment of the amount set forth in the statement to the town treasurer within the 20 days, the nuisance inspector either may cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter.
(Code 1981, § 10-355)
Sec. 10-21. - Collection by lawsuit.#
In the event collection of expenses of destruction and removal are pursued through the courts, the town shall sue for and receive judgment for all said expenses of destruction and removal, together with reasonable attorneys' fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.
(Code 1981, § 10-356)
Sec. 10-22. - Collection through taxes.#
In the event that the nuisance inspector elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same and shall deliver the three copies of the statement to the county treasurer within ten days after the completion of the work of destroying or removing weeds, refuse, garbage, objects or structures. Thereupon, the costs of the work shall be pursued by the county treasurer in accordance with the provisions of U.C.A. 1953, § 10-14-4, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
(Code 1981, § 10-357)
Sec. 10-23. - Criminal proceeding.#
The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant of an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.
(Code 1981, § 10-358)
Sec. 10-24. - Failure to comply.#
If any owner, occupant or other person having an interest in land described in such notice or decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of weeds, garbage, refuse, objects or structures, the nuisance inspector shall employ all necessary assistance to cause such objectionable objects or conditions to be removed or destroyed at the expense of the town.
(Code 1981, § 10-353)
Sec. 10-25. - Penalty for failure to comply.#
(a)
Any owner, occupant or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a Class C misdemeanor for each offense and further sum of $50.00 for each and every day such failure to comply continues beyond the date fixed for compliance.
(b)
Compliance by any owner, occupant or person to whom a notice has been given as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.
(Code 1981, § 10-359)
Secs. 10-26—10-53. - Reserved.#
DIVISION 2. - INSPECTION AND NOTIFICATION#
Sec. 10-54. - Appointment and duties of inspector.#
(a)
There is hereby established the position of nuisance inspector whose duties it shall be to enforce the provisions of this chapter. Until another person is designated, the town marshal/chief of police shall enforce the provisions of this chapter. More than one person may be appointed to act as inspector under this section.
(b)
The nuisance inspector is authorized to:
(1)
Perform all functions necessary to enforce the provisions of the chapter; and
(2)
Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
(c)
If the inspector concludes there exists an objectionable condition in violation of this chapter, he shall:
(1)
Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist.
(2)
Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the same within such time as the inspector may designate, provided that any person notified pursuant to this subsection shall be given at least ten but not more than 20 days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
a.
Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists;
b.
Inform the owner, occupant or other person that, in the event he disagrees with the determination of the inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the town council at a time and place to be set by the town council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice; and
c.
Inform the person that, in the event he fails or neglects to correct the objectionable condition, the town will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs together with reasonable attorneys' fees and court costs, or will charge the cost of correcting the violation against the property as a tax.
In the event the owner or occupant makes such request for a hearing, the town council shall set the time and place for hearing objections and the clerk/recorder shall notify the owner, occupant or other person in writing of the time and place at which they may appear and be heard. The hearing shall not be heard within less than five days from the date of service or mailing of the notice of hearing.
(Code 1981, § 10-351)
Secs. 10-55—10-81. - Reserved.#
DIVISION 3. - APPEALS#
Sec. 10-82. - Hearing.#
At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions, or objects from the property, the town council shall conduct an informal hearing (which need not be reported) wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The town council shall also permit the presentation of evidence and argument by the nuisance inspector and other interested parties. Thereafter within not less than five nor more than ten days, the town council shall, over the signature of the mayor or such other member of the town council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or other person to whom the original notice was given by the inspector.
(Code 1981, § 10-352(A))
Sec. 10-83. - Determination of inspector.#
In the event the decision of the town council upholds the determination of the nuisance inspector, the notice originally given by the inspector as provided in section 10-54 shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions and he shall have up to ten days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed 30 days, is authorized by the inspector.
(Code 1981, § 10-352(B))
Sec. 10-84. - Overruling or modifying the determination of the inspector.#
In the event that the decision of the town council either overrules or modifies the determination of the nuisance inspector, the written decision of the town council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make the removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the town council within ten days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the inspector unless additional time is authorized by the town council.
(Code 1981, § 10-352(C))
Sec. 10-85. - Amend notice and proof of service.#
The nuisance inspector shall file an amended notice and proof of service of notice and file the same in the office of the county treasurer.
(Code 1981, § 10-352(D))