(1)  As used in this chapter, “hazardous materials” means the same as that term is defined in Section 19-6-902.

Terms Used In Utah Code 10-11-1

  • hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (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.

    Amended by Chapter 432, 2022 General Session

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