(A) Statutes adopted. UCA §§ 10-11-1 et seq. (inspection and cleaning), is hereby adopted by the city. In order to carry out the provisions of this chapter, the County Health Department and the County Sheriff, or the City Council or the Mayor, may serve notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or upon him or her who may cause the nuisance, requiring him or her to abate the same in such manner as the official directs and within a reasonable time to be fixed in the notice; and failure to give a notice as provided herein shall not relieve the author of any nuisance from the obligation to abate such nuisance or from the penalty provided for the maintenance thereof.
(B) Notice to property owners. It shall be the duty of such city inspector to make careful examination and investigation, as may be provided by ordinance, of the growth and spread of such injurious and noxious weeds, and of garbage, refuse or unsightly or deleterious objects or structures; and it shall be his or her duty to ascertain the names of the owners and descriptions of the premises where such weeds, garbage, refuse, objects or structures exist, and to serve notice in writing upon the owner or occupant of such land, either personally or by mailing notice, postage prepaid, addressed to the owner or occupant at the last known post office address as disclosed by the records of the County Assessor, requiring such owner or occupant, as the case may be, to eradicate, or destroy and remove the same within such time as the inspector may designate, which shall not be less than ten days from the date of service of such notice. One notice shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that year. The inspector shall make proof of service of such notice under oath, and file the same in the office of the County Treasurer.
(C) Neglect of property owners; removal by city; costs of removal. If any owner or occupant of lands described in such notice shall fail or neglect to eradicate, or destroy and remove, such weeds, garbage, refuse, object or structure upon the premises in accordance with such notice, it shall be the duty of the inspector, at the expense of the city, to employ necessary assistance and cause such weeds, garbage, refuse, objects or structures to be removed or destroyed. He or she shall prepare an itemized statement of all expenses incurred in the removal and destruction of same and shall mail a copy thereof to the owner demanding payment within 20 days of the date of mailing. Said notice shall be deemed delivered when mailed by registered mail addressed to the property owner’s last known address. In the event the owner fails to make payment of the amount set forth in said statement to the City Treasurer within said 20 days, the inspector, on behalf of the municipality, may cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer as hereinafter provided. In the event collection of said costs are pursued through the courts, the municipality may sue for and receive judgment upon all of said costs of removal and destruction, together with reasonable attorney fees, interest and court costs. The municipality may execute on such judgment in the manner provided by law. In the event that the inspector elects to refer the matter to the County Treasurer for inclusion in the tax notice of the property owner, he or she shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of the same and shall deliver the three copies of said statement to the County Treasurer within ten days after the completion of the work of removing such weeds, garbage, refuse, objects or structures.
(D) Costs of removal included in tax notice. Upon receipt of the itemized statement of the cost of destroying or removing such weeds, refuse, garbage, objects or structures, the County Treasurer shall forthwith mail one copy to the owner of the land from which the same were removed, together with a notice that objection in writing may be made within 30 days to the whole or any part of the statement so filed to the county legislative body. The County Treasurer shall at the same time deliver a copy of the statement to the Clerk of the county legislative body. If objections to any statement are filed with the county legislative body, they shall set a date for hearing, giving notice thereof, and upon the hearing fix and determine the actual cost of removing the weeds, garbage, refuse or unsightly or deleterious objects or structures, and report their findings to the County Treasurer. If no objections to the items of the account so filed are made within 30 days of the date of mailing such itemized statement, the County Treasurer shall enter the amount of such statement on the assessment rolls of the county in the column prepared for that purpose, and likewise within ten days from the date of the action of the county legislative body, upon objections filed, shall enter in the prepared column upon the tax rolls the amount found by the county as the cost of removing and destroying the said weeds, refuse, garbage or unsightly and deleterious objects or structures. If current tax notices have been mailed, said taxes may be carried over on the rolls to the following year. After the entry by the County Treasurer of the costs of removing weeds, refuse, garbage or unsightly and deleterious objects or structures, the amount so entered shall have the force and effect of a valid judgment of the District Court, and shall be a lien upon the lands from which the weeds, refuse, garbage or unsightly and deleterious objects or structures were removed and destroyed, and shall be collected by the County Treasurer at the time of the payment of general taxes. Upon payment thereof, receipt shall be acknowledged upon the general tax receipt issued by the County Treasurer.
(Prior Code, § 4-4-4)