10-11-3 - Neglect of property owners -- Removal by city -- Costs of removal.
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 10-11-2fails or neglects to eradicate, or destroy and remove, the weeds, garbage, refuse, objects, orstructure 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 andmail a copy of the statement to the owner demanding payment within 30 days of the date ofmailing.
(b) Each notice under Subsection (1)(a) shall be considered delivered when mailed bycertified 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 themunicipal 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 thetax notice of the property owner, the inspector shall:
(i) make, in triplicate, an itemized statement of all expenses, including administrativeexpenses, incurred in the removal and destruction of the weeds, garbage, refuse, objects, orstructures; and
(ii) deliver the three copies of the statement to the county treasurer within 10 days afterthe expiration of the 30-day period provided in the statement under Subsection (1)(a)(ii).
Amended by Chapter 69, 2005 General Session