H.B. 162

1

MUNICIPAL WEED ABATEMENT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael T. Morley
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions relating to municipalities and the process of weed
9 abatement.
10 Highlighted Provisions:
11 This bill:
12 . increases from 20 to 30 days the amount of time a property owner has to pay the
13 municipal treasurer for costs incurred in cleaning up the property owner's property;
14 . changes from registered mail to certified mail the method by which a demand letter
15 is mailed to the property owner; and
16 . changes the deadline by which the city inspector must provide the county treasurer
17 documents related to the cleanup of a property owner's property.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-11-3, as last amended by Chapter 13, Laws of Utah 1963
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-11-3 is amended to read:

28 10-11-3. Neglect of property owners -- Removal by city -- Costs of removal.
29 (1) (a) If any owner or occupant of lands described in [such] the notice [shall fail]
30 under Section 10-11-2 fails or [neglect] neglects to eradicate, or destroy and remove, [such] the
31 weeds, garbage, refuse, [object] objects, or structure upon the premises in accordance with
32 [such] the notice, [it shall be the duty of] the inspector[,] shall:
33 (i) at the expense of the municipality, [to] employ necessary assistance and cause
34 [such] the weeds, garbage, refuse, objects, or structures to be removed or destroyed[. He shall];
35 and
36 (ii) prepare an itemized statement of all expenses incurred in the removal and
37 destruction of [same] the weeds, garbage, refuse, objects, or structures and [shall] mail a copy
38 [thereof] of the statement to the owner demanding payment within [twenty] 30 days of the date
39 of mailing. [Said]
40 (b) Each notice under Subsection (1)(a) shall be [deemed] considered delivered when
41 mailed by [registered] certified mail addressed to the property owner's last-known address. [In
42 the event]
43 (2) (a) If the owner fails to make payment of the amount set forth in [said] the
44 statement to the municipal treasurer within [said twenty] the required 30 days, the inspector, on
45 behalf of the municipality, may:
46 (i) cause suit to be brought in an appropriate court of law; or [may]
47 (ii) refer the matter to the county treasurer as [hereinafter] provided in Subsection
48 (2)(c). [In the event]
49 (b) If collection of [said] the costs are pursued through the courts, the municipality
50 may:
51 (i) sue for and receive judgment upon all of [said] the costs of removal and destruction
52 together with reasonable attorneys' fees, interest, and court costs[. The municipality may]; and
53 (ii) execute on [such] the judgment in the manner provided by law. [In the event that]
54 (c) If the inspector elects to refer the matter to the county treasurer for inclusion in the
55 tax notice of the property owner, [he] the inspector shall:
56 (i) make, in triplicate, an itemized statement of all expenses incurred in the removal
57 and destruction of the [same] weeds, garbage, refuse, objects, or structures; and [shall]
58 (ii) deliver the three copies of [said] the statement to the county treasurer within ten

59 days after the [completion of the work of removing such weeds, garbage, refuse, objects or
60 structures] expiration of the 30-day period provided in the statement under Subsection
61 (1)(a)(ii).




Legislative Review Note
as of 11-27-04 2:27 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel