4-2-9: ABATEMENT BY CITY:
   A.   If an owner of, occupant of, or other person responsible for real property described in the notice delivered in accordance with section 4-2-8 of this chapter fails to comply with section 4-2-8 of this chapter, the Code Enforcement Officer may:
      1.   At the expense of the City, employ necessary assistance to enter the property and destroy or remove an item identified in a written notice described in section 4-2-8 of this chapter; and
      2.   a. Prepare an itemized statement in accordance with subsection B of this section; and
         b.   Mail to the owner of record according to the records of the County Recorder a copy of the statement demanding payment within thirty (30) days after the day on which the statement is post- marked.
   B.   The statement described in subsection A2a of this section shall:
      1.   Include:
         a.   The address of the property described in subsection A of this section;
         b.   An itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the City under subsection A1 of this section; and
         c.   The address of the City Treasurer where payment may be made for the expenses; and
      2.   Notify the property owner:
         a.   That failure to pay the expenses described in subsection A2a of this section may result in a lien on the property in accordance with section 4-2-10 of this chapter;
         b.   That the owner may file a written objection to all or part of the statement within twenty (20) days after the day of the statement post-mark; and
         c.   Where the owner may file the objection, including the City office and address.
   C.   A statement mailed in accordance with subsection A of this section is delivered when mailed by certified mail addressed to the property owner of record's last-known address according to the records of the County Recorder.
   D.   1. The City may file a notice of lien, including a copy of the statement described in subsection A2a of this section or a summary of the statement, in the records of the County Recorder.
      2.   If the City files a notice of a lien indicating that the City intends to certify the unpaid costs and expenses in accordance with subsection B2 of this section and section 4-2-10 of this chapter, the City shall file for record in the County Recorder's Office a release of the lien after all amounts owing are paid.
   E.   1. If an owner fails to file a timely written objection as described in subsection B2b of this section or to pay the amount set forth in the statement under subsection B1b of this section, the City may:
         a.   File an action in District Court; or
         b.   Certify the past due costs and expenses to the County Treasurer.
      2.   If the City pursues collection of the costs in accordance with subsection E1a of this section, the City may:
         a.   Sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and
         b.   Execute on the judgment in the manner provided by law.
   F.   1. If a property owner files an objection in accordance with subsection B2b of this section, the City Appeal Authority, as established in title 10, chapter 4 of this Code, shall:
         a.   Hold a hearing in accordance with Utah Code Annotated title 52, chapter 4, Open and Public Meetings Act; and
         b.   Mail or deliver notice of the hearing date and time to the property owner.
      2.   At the hearing described in subsection F1a of this section, the Appeal Authority shall review and determine the actual cost of abatement, if any, incurred under subsection A1 of this section.
      3.   The property owner shall pay any actual cost due after a decision by the Appeal Authority at the hearing described in subsection F1a of this section to the City Treasurer within thirty (30) days after the day on which the hearing is held.
   G.   If the property owner fails to pay in accordance with subsection F3 of this section, the City may:
      1.   File an action in District Court for the actual cost determined under subsection F3 of this section, or
      2.   Certify the past due costs and expenses to the County Treasurer. (Ord. 16-06, 4-12-2016)