Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 137 Third Substitute (2022GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• authorizes a municipality to designate and regulate the abatement of:
• sources of filth and communicable diseases; and
• illegal or toxic substances;
• modifies a municipality's authority regarding municipal inspectors and enforcement of abatement ordinances; and
• makes technical changes.

Every vote on this bill

Bill text

PROPERTY DECONTAMINATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the authority of a municipality to regulate the abatement of certain
conditions on the property of an owner or occupant.
Highlighted Provisions:
This bill:
▸ authorizes a municipality to designate and regulate the abatement of:
• sources of filth and communicable diseases; and
• illegal or toxic substances;
▸ modifies a municipality's authority regarding municipal inspectors and enforcement
of abatement ordinances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-11-1
, as last amended by Laws of Utah 2011, Chapters 144, 172 and last amended
by Coordination Clause, Laws of Utah 2011, Chapter 144
10-11-2
, as repealed and reenacted by Laws of Utah 2011, Chapter 172
10-11-3
, as last amended by Laws of Utah 2011, Chapter 172
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-11-1
 is amended to read:
10-11-1.
Abatement of weeds, garbage, refuse, and unsightly objects -- Selection
of service provider.
(1) 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; [
or
]
(iv) an illegal object or structure; [
and
]
(v) sources of filth and infectious and communicable diseases; or
(vi) illegal or toxic substances; and
(b) appoint a municipal inspector for the purpose of carrying out and in accordance
with the provisions of this chapter.
(2) 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 (2)(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 (2)(a).
(3) A municipality may require that an owner or occupant described in Subsection
(2)(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.
(4) A municipality may require that an owner or occupant use the abatement services of
a certified decontamination specialist to abate sources of filth and infectious and communicable
diseases or illegal or toxic substances.
Section 2. Section 
10-11-2
 is amended to read:
10-11-2.
Inspection of property -- Notice.
(1) (a) If a municipality adopts an ordinance describing the duties of a municipal
inspector appointed under Section 
10-11-1
, the ordinance:
(i) may, subject to Subsection (1)(b), direct the inspector to examine and investigate
real property for:
(A) the growth and spread of injurious and noxious weeds;
(B) garbage and refuse;
(C) a public nuisance; [
or
]
(D) an illegal object or structure; [
and
]
(E) sources of filth and infectious and communicable diseases; or
(F) illegal or toxic substances; and
(ii) if an inspector conducts an examination and investigation under Subsection (1)(a),
shall direct the inspector to deliver written notice of the examination and investigation in
accordance with Subsection (2).
(b) An ordinance described in Subsection (1)(a) may not direct an inspector or
authorize a municipality to abate conditions solely associated with the interior of a structure,
unless required
:
(i)
 for the demolition and removal of the structure[
.
]
;
(ii) to eliminate sources of filth and infectious and communicable diseases within the
structure; or
(iii) to eliminate illegal or toxic substances within the structure.
(c) An ordinance described in Subsection (1)(a) may direct an inspector or authorize a
municipality to issue an order limiting or restricting access to a structure and the real property
appurtenant to the structure while the municipal inspector or a certified decontamination
specialist destroys, removes, or abates:
(i) sources of filth and infectious and communicable diseases within the structure; or
(ii) illegal or toxic substances within the structure.
(d) For a violation of an order issued under Subsection (1)(c), a governing body of a
municipality may adopt an ordinance imposing:
(i) a civil penalty in accordance with Subsection 
10-3-703
(2); or
(ii) in accordance with Subsection 
10-3-703
(1), a criminal penalty, including by a fine
not to exceed the maximum class B misdemeanor fine under Section 
76-3-301
, by a term of
imprisonment up to six months, or by both the fine and term of imprisonment.
(2) (a) (i) The municipal inspector shall serve written notice to a property owner of
record according to the records of the county recorder in accordance with Subsection (2)(b).
(ii) The municipal inspector may serve written notice in accordance with Subsection
(2)(b) to a non-owner occupant of the property or another person responsible for the property
who is not the owner of record, including a manager or agent of the owner, if:
(A) the property owner is not an occupant of the property; and
(B) the municipality in which the property is located has adopted an ordinance
imposing a duty to maintain the property on an occupant who is not the property owner of
record or a person other than the property owner of record who is responsible for the property.
(b) The municipal inspector may serve the written notice:
(i) in person or by mail to the property owner of record as described in Subsection
(2)(a)(i), if mailed to the last-known address of the owner according to the records of the
county recorder; or
(ii) in person or by mail to a non-owner occupant or another person responsible for the
property who is not the owner of record as described in Subsection (2)(a)(ii), if mailed to the
property address.
(c) In the written notice described in Subsection (2)(a), the municipal inspector shall:
(i) identify the property owner of record according to the records of the county
recorder;
(ii) describe the property and the nature and results of the examination and
investigation conducted in accordance with Subsection (1)(a); and
(iii) require the property owner, occupant, or, if applicable, another person responsible
for the property to:
(A) eradicate or destroy and remove any identified item examined and investigated
under Subsection (1)(a); and
(B) comply with Subsection (2)(c)(iii)(A) in a time period designated by the municipal
inspector but no less than 10 days after the day on which notice is delivered in person or
post-marked.
(d) For a notice of injurious and noxious weeds described in Subsection (2)(a), the
municipal inspector is not required to make more than one notice for each annual season of
weed growth for weeds growing on a property.
(e) The municipal inspector shall serve the notice required under Subsection (2)(a)(i)
under penalty of perjury.
Section 3. Section 
10-11-3
 is amended to read:
10-11-3.
Neglect of property owners -- Removal by municipality -- Costs of
removal -- Notice -- File action or lien -- Property owner objection.
(1) (a) If an owner of, occupant of, or other person responsible for real property
described in the notice delivered in accordance with Section 
10-11-2
 fails to comply with
Section 
10-11-2
, a municipal inspector may:
(i) at the expense of the municipality, employ necessary assistance to enter the property
and [
destroy or remove an item
] 
destroy, remove, or abate one or more items or conditions
identified in a written notice described in Section 
10-11-2
; and
(ii) (A) prepare an itemized statement in accordance with Subsection (1)(b); and
(B) mail to the owner of record according to the records of the county recorder a copy
of the statement demanding payment within 30 days after the day on which the statement is
post-marked.
(b) The statement described in Subsection (1)(a)(ii)(A) shall:
(i) include:
(A) the address of the property described in Subsection (1)(a);
(B) an itemized list of and demand for payment for all expenses, including
administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and
(C) the address of the municipal treasurer where payment may be made for the
expenses; and
(ii) notify the property owner:
(A) that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a
lien on the property in accordance with Section 
10-11-4
;
(B) that the owner may file a written objection to all or part of the statement within 20
days after the day of the statement post-mark; and
(C) where the owner may file the objection, including the municipal office and address.
(c) A statement mailed in accordance with Subsection (1)(a) is delivered when mailed
by certified mail addressed to the property owner's of record last-known address according to
the records of the county recorder.
(d) (i) A municipality may file a notice of a lien, including a copy of the statement
described in Subsection (1)(a)(ii)(A) or a summary of the statement, in the records of the
county recorder of the county in which the property is located.
(ii) If a municipality files a notice of a lien indicating that the municipality intends to
certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section
10-11-4
, the municipality shall file for record in the county recorder's office a release of the lien
after all amounts owing are paid.
(2) (a) If an owner fails to file a timely written objection as described in Subsection
(1)(b)(ii)(B) or to pay the amount set forth in the statement under Subsection (1)(b)(i)(B), the
municipality may:
(i) file an action in district court; or
(ii) certify the past due costs and expenses to the county treasurer of the county in
which the property is located in accordance with Section 
10-11-4
.
(b) If a municipality pursues collection of the costs in accordance with Subsection
(2)(a)(i) or (4)(a), the municipality may:
(i) sue for and receive judgment for all removal and destruction costs, including
administrative costs, and reasonable attorney fees, interest, and court costs; and
(ii) execute on the judgment in the manner provided by law.
(3) (a) If a property owner files an objection in accordance with Subsection (1)(b)(ii),
the municipality shall:
(i) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
Act; and
(ii) mail or deliver notice of the hearing date and time to the property owner.
(b) At the hearing described in Subsection (3)(a)(i), the municipality shall review and
determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i).
(c) The property owner shall pay any actual cost due after a decision by the
municipality at the hearing described in Subsection (3)(a)(i) to the municipal treasurer within
30 days after the day on which the hearing is held.
(4) If the property owner fails to pay in accordance with Subsection (3)(c), the
municipality may:
(a) file an action in district court for the actual cost determined under Subsection
(3)(b); or
(b) certify the past due costs and expenses to the county treasurer of the county in
which the property is located in accordance with Section 
10-11-4
.
(5) This section does not affect or limit:
(a) a municipal governing body's power to pass an ordinance as described in Section
10-3-702
; or
(b) a criminal or civil penalty imposed by a municipality in accordance with Section
10-3-703
.