(1) As used in this chapter, “hazardous materials” means the same as that term is defined in Section 19-6-902.

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Terms Used In Utah Code 10-11-1

  • hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
  • 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.
  • 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
(2) A municipal legislative body may:

     (2)(a) designate and regulate the abatement of:

          (2)(a)(i) the growth and spread of injurious and noxious weeds;
          (2)(a)(ii) garbage and refuse;
          (2)(a)(iii) a public nuisance;
          (2)(a)(iv) an illegal object or structure; or
          (2)(a)(v) for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and
     (2)(b) appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter.
(3) A municipal legislative body may not:

     (3)(a) prohibit an owner or occupant of real property within the municipality‘s jurisdiction, including an owner or occupant who receives a notice in accordance with Section 10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or
     (3)(b) require that an owner or occupant described in Subsection (3)(a) use the services of the municipal inspector or any assistance employed by the municipal inspector described in Section 10-11-3 to provide an abatement service described in Subsection (3)(a).
(4) A municipality may require that an owner or occupant described in Subsection (3)(a) use the abatement services, as described in Section 10-11-3, of the municipal inspector, including the use of a certified decontamination specialist as described in Section 19-6-906, or any assistance employed by the municipal inspector if:

     (4)(a) the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner’s or occupant’s property after receiving a notice described in Section 10-11-2; and
     (4)(b) the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice.
(5) A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials.
(6) Nothing in this chapter may be construed:

     (6)(a) as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305, including commercial feed, fertilizer, pesticides, and seeds; or
     (6)(b) as limiting or abrogating the authority of a local health department under Section 19-6-905.