A. Nuisance Inspector:
1. Established: There is hereby established the position of nuisance inspector, whose duties it shall be to enforce the provisions of this chapter. The building official, or his designee, shall be designated as the nuisance inspector and criminal violations of this chapter shall be charged by the town marshal. (1980 Code § 10-351; amd. 2010 Code)
2. Duties: The nuisance inspector is authorized to:
a. Perform all functions necessary to enforce the provisions of this chapter.
b. Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
3. Existence Of Objectional Condition: If the nuisance inspector concludes there exists an objectionable condition in violation of this chapter, the nuisance inspector shall:
a. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.
b. Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the nuisance inspector may designate; provided, that any person notified pursuant to this subsection shall be given at least ten (10), but not more than twenty (20) days, as determined by the nuisance inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
(1) Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
(2) Inform the owner, occupant or other person that in the event he disagrees with the determination of the nuisance inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the town council at a time and place to be set by the town council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice.
(3) Inform the person that in the event he fails or neglects to correct the objectionable condition, the town will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs, together with reasonable attorney fees and court costs, or will charge the cost of correcting the violation against the property as a tax.
c. In the event the owner or occupant makes such request for a hearing, the town council shall set the time and place for hearing objections and the town clerk shall notify the owner, occupant or other persons having an interest in said property on the condition thereof in writing of the time and place at which they may appear and be heard. The hearing shall be heard within less than five (5) days from the date of service or mailing of the notice of hearing. (1980 Code § 10-351)
B. Hearing:
1. Informal Hearing; Written Decision: At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions or objects from the property, the town council shall conduct an informal hearing (which need not be reported), wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The town council shall also permit the presentation of evidence and argument by the nuisance inspector and other interested parties. Thereafter, within not less than five (5) nor more than ten (10) days, the town council shall, over the signature of the mayor, or such other member of the town council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or any other person to whom the original notice was given by the nuisance inspector.
2. Notice Of Decision; Abatement By Owner Or Occupant: In the event the decision of the town council upholds the determination of the nuisance inspector, the notice originally given by the nuisance inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten (10) days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed thirty (30) days, is authorized by the nuisance inspector.
3. Time Period For Compliance: In the event that the decision of the town council either overrules or modifies the determination of the nuisance inspector, the written decision of the town council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the town council within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the nuisance inspector, unless additional time is authorized by the town council.
4. Filing Of Amended Notice: The nuisance inspector shall file an amended notice and proof of service of notice and file the same in the office of the county treasurer. (1980 Code § 10-352)
C. Failure To Comply; Abatement By Town: If any owner, occupant or other person having an interest in land described in such notice of decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of such weeds, garbage, refuse, objects or structures, the nuisance inspector shall employ all necessary assistance to cause such objectionable objects or conditions to be removed or destroyed at the expense of the town. (1980 Code § 10-353)
D. Itemized Statement: The nuisance inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances, and shall mail a copy thereof to the owner or occupant, or both, or to persons having an interest in the property, demanding payment within twenty (20) days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail, addressed to the last known address of the property owner, occupant or persons having an interest in the property. (1980 Code § 10-354)
E. Failure To Make Payment: In the event the owner, occupant or person having an interest in the property fails to make payment of the amount set forth in the statement to the town treasurer or town clerk within the twenty (20) days, the nuisance inspector may either cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter. (1980 Code § 10-355; amd. 2010 Code)
F. Collection:
1. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the town shall sue and receive judgment for all of said expenses of destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law. (1980 Code § 10-356)
2. Taxes: In the event that the nuisance inspector elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver three (3) copies of the statement to the county treasurer within ten (10) days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures. Thereupon, the costs of the work shall be pursued by the county treasurer in accordance with the provisions of Utah Code Annotated section 10-11-4, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted. (1980 Code § 10-357; amd. 2010 Code)
G. Criminal Proceedings: The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter. (1980 Code § 10-358)