If any owner or occupant of property described in a properly given notice as per the requirements established under the authority of this chapter shall fail to abate any unlawful conditions in accordance with such notice, the inspector may, in addition to applying the penalties and additional remedies of this title:
A. Employment of Assistance: At the expense of the owner, occupant, or person having interest in said property, the City shall employ necessary assistance and cause such conditions to be brought into compliance with this title by doing any or all of the following:
1. Cutting, eradicating, and removal of weeds;
2. Securing of any vacant structure;
3. Maintain or repair deleterious objects or structures;
4. Remove any deleterious object or structure;
5. Remove snow from sidewalks or from those streets where deposited contrary to the provisions of this chapter.
B. Failure to Comply: If any owner, occupant, or other persons having an interest in the land described in such notice or 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 code enforcement officer shall impose a two hundred fifty dollar ($250) fine and the violator will be given ten (10) days to correct the violation. If after twenty (20) days of the initial notice the issue has not been corrected, another twenty-five dollar ($25) per day will be added to the initial two hundred fifty dollar ($250) fee and the City will then employ all necessary assistance to cause such objectionable objects or conditions to be removed or destroyed. The cost accrued by the City, including all administrative costs, shall be repaid in full to the City by the owner of the property, occupant, and/or person having interest in the property
1. Itemized Statement: The inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances and shall mail notifications to the owner of record, occupant, and persons having an interest in the property demanding payment within fourteen (14) 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 interest in the property.
2. Failure to Make Payment: In the event the owner, occupant, or persons having an interest in the property fails to make payment of the amount set forth in the statement to the City Treasurer within fourteen (14) days, the inspector may either cause suit to be brought in an appropriate court of law, or may refer the matter to the County Treasurer.
3. Collection by Lawsuit: In the event collection or expenses of destruction and removal are pursed through the courts, the City shall sue for and receive judgement for all of said expenses of destruction and removal, together with reasonable attorney fees, interest, and court costs and shall execute upon such judgements in the manor provided by law.
4. Collection through Taxes: The code enforcement officer may elect to refer the expenses from the destruction or removal to the County Treasurer for the inclusion in the tax notice of the property owner. He will make in triplicate an itemized statement of all expenses incurred in the destruction and removal of same and shall deliver the two copies to the County Treasurer within twenty (20) days after completion of the work. One copy will be delivered to the defendant. The City attorney shall request, in writing, that the County Treasurer takes such action, as provided by law, requesting that the amount payable to the City be included in the tax notices to the property owner and upon collection of said money, the County Treasurer will return that amount back to the City of Uintah. The City attorney shall also cause the same to become a lien upon the lands involved by the filing of appropriate papers with the County Attorney.
5. Criminal Proceeding: The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter, shall not be conditioned upon prior issuance or the granting to the defendant of 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.
a. Penalty for Failure to Comply: Any owner, occupant, or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter, shall be guilty of a Class B misdemeanor and punishable as provided by law.
6. Compliance by the owner, occupant, or person to whom a notice has been given as provided in this chapter, shall not be admissible in any criminal proceeding to determine guilt of an offense pursuant to this section. (Ord. 243-18, 3-20-2018; amd. Ord. 274-23, 1-17-2023)