Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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;
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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;
(D)
an illegal object or structure; or
(E)
hazardous materials; 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; or
(ii)
to eliminate or remove hazardous materials within a structure that has been closed to occupancy or entry by a local health department or fire department.
(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 hazardous materials within the structure.
(d)
If a municipality has adopted an ordinance establishing an administrative proceeding process for the violation of a municipal ordinance in accordance with the requirements of Section 10-3-703.7, the municipality may adopt an ordinance imposing the following for a violation of an order issued under Subsection (1)(c):
(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.
(e)
An ordinance adopted in accordance with Subsection (1)(d) shall provide 180 days after the day on which the written notice from an inspector is delivered in person or the date the notice is post-marked for the recipient of the notice to:
(i)
abate the hazardous materials; or
(ii)
appeal the notice and begin the administrative proceeding process.
(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);
(iii)
identify the relevant regulation or ordinance at issue and describe the violation of the relevant regulation or ordinance;
(iv)
describe each order, fine, or penalty that may be imposed;
(v)
for a structure or any real property closed to occupancy or entry by a local health department because of hazardous materials, explain the right of a property owner, occupant, or, if applicable, another person responsible for the property to abate the hazardous materials or appeal the notice within 180 days after the day on which notice is delivered in person or the date the notice is post-marked; and
(vi)
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)(vi)(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, or for a notice related to hazardous materials, no less than 180 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.
(f)
For a structure or any real property closed to occupancy or entry by a local health department because of hazardous materials, unless an order issued by a court of competent jurisdiction states otherwise, a municipality may not impose a fine or penalty on a property owner, occupant, or another person responsible for the structure or real property, and may not authorize a municipal inspector or a certified decontamination specialist to begin abatement of the hazardous materials, until:
(i)
the appeal and administrative proceeding process is completed; or
(ii)
the property owner, occupant, or another person responsible for the property has missed the deadline for filing the appeal.
