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A. Nuisance Inspector:
1. Established: There is hereby established the position of nuisance inspector, whose duties shall be to enforce the provisions of this chapter. Until another person is designated, the chief of police shall enforce the provisions of this chapter. More than one person may be appointed to act as inspector under this section.
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 owner and/or occupant and descriptions of the premises where such objects and conditions constituting a nuisance exist.
b. Serve notice in writing upon the owner and/or occupant of such premises, either personally or by mailing notice prepaid, addressed to the owner and/or 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 and/or occupant that in the event the owner and/or occupant fails or neglects to correct the objectionable condition, a citation may be issued.
B. Court Ordered Abatement By Owner And/Or Occupant:
1. Conformance; Time Limit: In the event a citation is issued and the court upholds the determination of the nuisance inspector, the notice originally given by the nuisance inspector, as above described, shall be deemed to be sufficient to require the owner and/or occupant to remove or abate the objectionable objects or conditions, and the owner and/or occupant 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 court.
2. Conformance With Modified Court Decision: In the event the decision of the court either overrules or modifies the determination of the nuisance inspector, the decision of the court shall apprise the owner and/or occupant of that fact and set forth the details and extent to which the owner and/or occupant must make removal or other abatement of the objectionable objects or conditions, if any. The owner and/or occupant shall be required to conform to the decision of the court within the time ordered by the court and the decision shall be deemed to be the modified decision of the nuisance inspector.
3. 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.
C. Failure To Comply; Abatement By City: 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 as ordered by the court, 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 city. (Ord. 2006-20, 8-3-2006)
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. (1998 Code § 10-354; amd. Ord. 01-4-5, 4-5-2001)
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 city treasurer 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. (1998 Code § 10-355; amd. Ord. 01-4-5, 4-5-2001)
1. Lawsuit: In the event collection of expenses of destruction and removal are pursued through the courts, the city 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. (1998 Code § 10-356; amd. Ord. 01-4-5, 4-5-2001)
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. (1998 Code § 10-357; amd. Ord. 01-4-5, 4-5-2001)
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. (1998 Code § 10-358; amd. Ord. 01-4-5, 4-5-2001)