A. Authority To Abate: If any owner or occupant of land described in such notice or decision shall fail or neglect to conform to the requirements thereof relating to the eradication or destruction or removal of such weeds, garbage, refuse, public nuisances and/or unsightly or deleterious objects or structures, the inspector shall employ all necessary assistance to cause such materials to be removed or destroyed at the expense of the City.
B. Itemized Statement: The inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of said materials, including administrative expenses, and shall mail a copy thereof to the owner or occupant, or both, demanding payment within thirty (30) days of the date of mailing. Said notice shall be deemed delivered when mailed by certified mail addressed to the property owner's last known address according to the records of the Millard County Recorder.
1. Said statement shall include the address of the City Treasurer as the place to make payment.
2. The statement shall also notify the property owner that failure to pay the expenses may result in a lien on the property in accordance with Utah Code Ann. § 10-11-4.
3. The statement shall also notify the property owner that the property owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark.
C. Failure To Make Payment: In the event the owner or occupant fails to make payment of the amount set forth in said statement to the City Treasurer within said thirty (30) days and fails to file a written objection within the time limit set forth above, the City either may cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer as provided in subsection (5) of this Section and Utah Code Ann. §10-11-4.
D. The City may file notice of a lien with the Millard County Recorder indicating the City intends to certify the unpaid costs and expenses with the Millard County Treasurer in accordance with Utah Code Ann. §§10-11-3 & 4.
E. Collection:
1. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the City shall sue for and receive judgment for all of said expenses of destruction and removal, including administrative costs, together with reasonable attorney fees, interest and court costs and shall execute upon said judgment in the manner provided by law.
2. Taxes: In the event that the City elects to refer the expenses of destruction or removal to the County Treasurer for inclusion in the tax notice of the property owner in accordance with the provisions of Utah Code Ann. § section 10-11-4, as amended, the recalcitrant owner shall be subject to such powers as are thereby granted.
F. If the property owner files a timely objection to the statement, the City shall:
1. Hold a public hearing in accordance with Title 52, Chapter 4 of Utah Code Ann. (The Utah Open and Public Meetings Act.)
2. The City Council shall conduct the hearing and at said hearing shall determine the actual cost of abatement, if any.
3. The city shall mail or deliver notice of the hearing date and time to the property owner.
4. The property owner shall pay any actual cost due after the decision of the City council to the City Treasurer within 30 days after the hearing is held.
5. If the property owner fails to pay within 30 days after the hearing, the City may pursue collection as set forth in (5) "collection" above. (Ord. 21-14, 9-7-2021)