78B-6-1114 - Award of costs and attorney fees.
78B-6-1114. Award of costs and attorney fees.
(1) The court may award costs, including the costs of investigation and discovery, andreasonable attorney fees, which are not compensated for pursuant to some other provision of law,to the prevailing party in any case in which a governmental agency, private citizen or citizens,corporation, partnership, or business seeks to abate the nuisance by eviction in or upon anybuilding or place where the nuisance occurs as provided in Section 78B-6-1107.
(2) The court may award costs, including the costs of investigation and discovery, andreasonable attorney fees against a defendant landlord, owner, or designated agent only when thecourt finds that the defendant landlord, owner, or designated agent had actual notice of thenuisance action and willfully failed to take reasonable action within a reasonable time to abatethe nuisance.
Renumbered and Amended by Chapter 3, 2008 General Session