Utah Code 10-11-3. Neglect of property owners — Removal or abatement by municipality — Costs of removal or abatement — Notice — File action or lien — Property owner objection
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(1)
Terms Used In Utah Code 10-11-3
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) If an owner of, occupant of, or other person responsible for real property described in the notice delivered in accordance with Section10-11-2 fails to comply with Section10-11-2 , a municipal inspector may:(1)(a)(i) at the expense of the municipality, employ necessary assistance to enter the property and destroy, remove, or abate one or more items or conditions identified in a written notice described in Section10-11-2 ; and(1)(a)(ii)(1)(a)(ii)(A) prepare an itemized statement in accordance with Subsection (1)(b); and(1)(a)(ii)(B) mail to the owner of record according to the records of the county recorder a copy of the statement demanding payment within 30 days after the day on which the statement is post-marked.(1)(b) The statement described in Subsection (1)(a)(ii)(A) shall:(1)(b)(i) include:(1)(b)(i)(A) the address of the property described in Subsection (1)(a);(1)(b)(i)(B) an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and(1)(b)(i)(C) the address of the municipal treasurer where payment may be made for the expenses; and(1)(b)(ii) notify the property owner:(1)(b)(ii)(A) that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section10-11-4 ;(1)(b)(ii)(B) that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and(1)(b)(ii)(C) where the owner may file the objection, including the municipal office and address.(1)(c) A statement mailed in accordance with Subsection (1)(a) is delivered when mailed by certified mail addressed to the property owner’s of record last-known address according to the records of the county recorder.(1)(d)(1)(d)(i) A municipality may file a notice of a lien, including a copy of the statement described in Subsection (1)(a)(ii)(A) or a summary of the statement, in the records of the county recorder of the county in which the property is located.(1)(d)(ii) If a municipality files a notice of a lien indicating that the municipality intends to certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section10-11-4 , the municipality shall file for record in the county recorder’s office a release of the lien after all amounts owing are paid.
(2)
(2)(a) If an owner fails to file a timely written objection as described in Subsection (1)(b)(ii)(B) or to pay the amount set forth in the statement under Subsection (1)(b)(i)(B), the municipality may:
(2)(a)(i) file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration ; or
(2)(a)(ii) certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 .
(2)(b) If a municipality pursues collection of the costs in accordance with Subsection (2)(a)(i) or (4)(a), the municipality may:
(2)(b)(i) sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and
(2)(b)(ii) execute on the judgment in the manner provided by law.
(3)
(3)(a) If a property owner files an objection in accordance with Subsection (1)(b)(ii), the municipality shall:
(3)(a)(i) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and
(3)(a)(ii) mail or deliver notice of the hearing date and time to the property owner.
(3)(b) At the hearing described in Subsection (3)(a)(i), the municipality shall review and determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i).
(3)(c) The property owner shall pay any actual cost due after a decision by the municipality at the hearing described in Subsection (3)(a)(i) to the municipal treasurer within 30 days after the day on which the hearing is held.
(4) If the property owner fails to pay in accordance with Subsection (3)(c), the municipality may:
(4)(a) file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for the actual cost determined under Subsection (3)(b); or
(4)(b) certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 .
(5) This section does not affect or limit:
(5)(a) a municipal governing body‘s power to pass an ordinance as described in Section 10-3-702 ; or
(5)(b) a criminal or civil penalty imposed by a municipality in accordance with Section 10-3-703 .