Utah Code 72-7-208. Junkyard operated in violation of provisions is public nuisance — Abatement — Adjudicative proceedings — Judicial review — Costs of abatement
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(1) The establishment, operation, or maintenance of any junkyard contrary to the provisions of this part is a public nuisance.
Terms Used In Utah Code 72-7-208
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Junkyard: means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. See Utah Code 72-7-202
- 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.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(2) The department shall:(2)(a) enforce the provisions of this part and administrative rules the department makes under this part; and(2)(b) except as provided in Subsection(3) and in its enforcement of the provisions of this part, comply with the procedures and requirements ofTitle 63G, Chapter 4, Administrative Procedures Act .(3)(3)(a) The district court has jurisdiction to review by trial de novo all final orders of the department under this part resulting from formal and informal adjudicative proceedings.(3)(b) Venue for judicial review of final orders of the department is in the county in which the junkyard is located.(4) If the department is granted a judgment, the department is entitled to take action necessary to cause the nuisance to be abated and is entitled to recover from the responsible person, firm, or corporation, jointly and severally:(4)(a) the costs and expenses incurred in abating the nuisance; and(4)(b) $10 for each day the junkyard was maintained following the expiration of 10 days after notice of agency action was filed and served under Section63G-4-201 .