H.B. 100

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 4, 2011 at 11:16 AM by lerror. --> 1

COUNTY NUISANCE ABATEMENT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Derek E. Brown
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill authorizes a county to regulate nuisance abatement or file a lien against a
10 property for county expenses incurred while abating a nuisance.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a county to:
14 . regulate nuisance abatement; and
15 . file a lien against a property for county expenses incurred while abating a
16 nuisance.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 17-50-332, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17-50-332 is enacted to read:
27 17-50-332. Nuisance -- Lien.

28 (1) A county legislative body may adopt an ordinance regulating within the
29 unincorporated areas of the county the abatement of a nuisance, including:
30 (a) injurious or noxious weeds;
31 (b) garbage or refuse;
32 (c) an abandoned building;
33 (d) an abandoned car;
34 (e) an unsightly or deleterious object or structure; or
35 (f) a health hazard.
36 (2) The ordinance described in Subsection (1) may:
37 (a) define terms;
38 (b) provide for notice to a property owner;
39 (c) set standards and procedures for abating a nuisance; or
40 (d) establish fines or penalties.
41 (3) A county legislative body may adopt an ordinance setting procedures for:
42 (a) (i) abating or correcting a nuisance if a property owner fails to comply with the
43 county's nuisance abatement regulations; or
44 (ii) securing an abandoned building if a property owner fails to comply with the
45 nuisance abatement regulations of the county;
46 (b) recovering from a property owner an expense incurred by the county under
47 Subsection (3)(a); or
48 (c) H. except as provided in Subsection (4), .H recording on the county assessment roll
48a a lien against the property of an owner who
49 fails to pay an expense in accordance with Subsection (3)(b).
49a H. (4) The county may not record a lien against a public building, structure, or
49b improvement. .H




Legislative Review Note
as of 1-17-11 8:10 AM

Office of Legislative Research and General Counsel