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Current as of January 01, 2025 | Updated by Findlaw Staff
(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, fertilizer, pesticides, and seeds; or
(b) as limiting or abrogating the authority of a local health department under Section 19-6-905.
Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-11-1. Abatement of weeds, garbage, public nuisances, and hazardous materials--Selection of service provider - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-11-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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