Title 10 Chapter 11 Section 1

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Index	Utah Code
Title 10	Utah Municipal Code
Chapter 11	Inspection and Cleaning
Section 1	Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider. *(Effective 5/7/2025)*

Effective 5/7/2025
10-11-1. Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider.

(1)	As used in this chapter, "hazardous materials" means the same as that term is defined in Section 19-6-902.

(2)

A municipal legislative body may:

(a)

designate and regulate the abatement of:

(i)	the growth and spread of injurious and noxious weeds;

(ii)	garbage and refuse;

(iii)

a public nuisance;

(iv)	an illegal object or structure; or

(v)	for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and

(b)	appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter.

(3)

A municipal legislative body may not:

(a)

prohibit an owner or occupant of real property within the municipality's jurisdiction, including an owner or occupant who receives a notice in accordance with Section 10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or

(b)	require that an owner or occupant described in Subsection (3)(a) use the services of the municipal inspector or any assistance employed by the municipal inspector described in Section 10-11-3 to provide an abatement service described in Subsection (3)(a).

(4)

A municipality may require that an owner or occupant described in Subsection (3)(a) use the abatement services, as described in Section 10-11-3, of the municipal inspector, including the use of a certified decontamination specialist as described in Section 19-6-906, or any assistance employed by the municipal inspector if:

(a)	the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner's or occupant's property after receiving a notice described in Section 10-11-2; and

(b)	the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice.

(5)	A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials.

(6)

Nothing in this chapter may be construed:

(a)	as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305, including commercial feed, plant food, pesticides, and seeds; or

(b)	as limiting or abrogating the authority of a local health department under Section 19-6-905.

Amended by Chapter 91, 2025 General Session

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