H.B. 162 Enrolled

MUNICIPAL ABATEMENT OF WEEDS AND OTHER
NEGLECTED ITEMS ON PROPERTY
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael T. Morley

LONG TITLE
General Description:
This bill modifies provisions relating to municipalities and the process of abating weeds
and other neglected items on property
Highlighted Provisions:
This bill:
. increases from 20 to 30 days the amount of time a property owner has to pay the
municipal treasurer for costs incurred in cleaning up the property owner's property;
. changes from registered mail to certified mail the method by which a demand letter
is mailed to the property owner;
. provides for the recovery of administrative costs related to the abatement of
neglected weeds, garbage, refuse, objects, or structure; and
. changes the deadline by which the city inspector must provide the county treasurer
documents related to the cleanup of a property owner's property.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-11-3, as last amended by Chapter 13, Laws of Utah 1963

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 10-11-3 is amended to read:
10-11-3. Neglect of property owners -- Removal by city -- Costs of removal.
(1) (a) If any owner or occupant of lands described in [such] the notice [shall fail] under
Section 10-11-2 fails or [neglect] neglects to eradicate, or destroy and remove, [such] the weeds,
garbage, refuse, [object] objects, or structure upon the premises in accordance with [such] the
notice, [it shall be the duty of] the inspector[,] shall:
(i) at the expense of the municipality, [to] employ necessary assistance and cause [such]
the weeds, garbage, refuse, objects, or structures to be removed or destroyed[. He shall]; and
(ii) prepare an itemized statement of all expenses, including administrative expenses,
incurred in the removal and destruction of [same] the weeds, garbage, refuse, objects, or
structures and [shall] mail a copy [thereof] of the statement to the owner demanding payment
within [twenty] 30 days of the date of mailing. [Said]
(b) Each notice under Subsection (1)(a) shall be [deemed] considered delivered when
mailed by [registered] certified mail addressed to the property owner's last-known address. [In
the event]
(2) (a) If the owner fails to make payment of the amount set forth in [said] the statement
to the municipal treasurer within [said twenty] the required 30 days, the inspector, on behalf of
the municipality, may:
(i) cause suit to be brought in an appropriate court of law; or [may]
(ii) refer the matter to the county treasurer as [hereinafter] provided in Subsection (2)(c).
[In the event]
(b) If collection of [said] the costs are pursued through the courts, the municipality may:
(i) sue for and receive judgment upon all of [said] the costs of removal and destruction,
including administrative costs, together with reasonable attorneys' fees, interest, and court costs[.
The municipality may]; and
(ii) execute on [such] the judgment in the manner provided by law. [In the event that]
(c) If the inspector elects to refer the matter to the county treasurer for inclusion in the
tax notice of the property owner, [he] the inspector shall:

(i) make, in triplicate, an itemized statement of all expenses, including administrative
expenses, incurred in the removal and destruction of the [same] weeds, garbage, refuse, objects,
or structures; and [shall]
(ii) deliver the three copies of [said] the statement to the county treasurer within ten days
after the [completion of the work of removing such weeds, garbage, refuse, objects or structures]
expiration of the 30-day period provided in the statement under Subsection (1)(a)(ii).