A. Authority: The officials identified in title 16 of this Code are empowered to institute an action in the name of the City to abate a nuisance.
B. Judgment: If the existence of a "nuisance", as defined by section 5-3-1 of this chapter, is admitted or established, in an administrative, civil or criminal proceeding, a judgment shall be entered which shall:
1. Permanently enjoin each defendant and any other person from further maintaining the nuisance at the place complained of and each defendant from maintaining such nuisance elsewhere;
2. Direct the person enjoined to surrender to the Sheriff of the county in which the action was brought any material in his possession which is subject to the injunction, and the Sheriff shall seize and destroy this material; and
3. Without proof of special injury, direct that an accounting be had and all monies and other consideration paid as admission to view any motion picture film determined to constitute a public nuisance or paid for any publication determined to constitute a public nuisance, in either case without deduction for expenses, be forfeited and paid into the General Fund of the City.
C. Administrative Code Enforcement: As an alternative to commencing a civil action, the City may commence administrative enforcement processes as provided in title 16 of this Code.
D. Removal Of Nuisance:
1. If any owner or occupant of lands shall fail or neglect to eradicate, destroy or remove weeds, garbage, refuse or objects upon the premises after notice to do so, the City may employ necessary assistance and cause such weeds, garbage, refuse or objects to be removed or destroyed. The City shall prepare an itemized statement of all expenses incurred in the removal and destruction and shall mail a copy to the owner demanding payment within twenty (20) days of the date of mailing. This notice shall be deemed delivered when mailed by certified mail addressed to the property owner's last known address, or as otherwise allowed by title 16 of this Code. If the owner fails to make payment of the amount set forth in the statement to the City Treasurer within twenty (20) days, the inspector, on behalf of the City, may cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer, as provided in this subsection and in title 16 of this Code.
2. If collection of such costs are pursued through the courts, the City may sue for and receive judgment upon all of such costs of removal and destruction, together with reasonable attorney fees, interest and court costs. The City may execute on such judgment in the manner provided by law.
3. If the City elects to refer the matter to the County Treasurer for inclusion in the tax notice of the property owner, as provided by Utah Code Annotated section 10-11-4, the City shall make, in triplicate, an itemized statement of all expenses incurred in the removal and destruction of the nuisance and shall deliver the three (3) copies of the statement to the County Treasurer within ten (10) days after the completion of the work removing such weeds, garbage, refuse or objects. (Ord. 13-08, 3-13-2013; amd. Ord. 15-17, 7-22-2015; Ord. 19-10, 2-27-2019)