11-51a-104. Emergency abatement of a catastrophic public nuisance — Indemnify, defend, hold harmless.
(1)
If a chief executive officer of a political subdivision or a county sheriff determines that a public nuisance exists on federally managed land, pursuant to Subsection 11-51a-103(1), and the chief executive officer of a political subdivision or the county sheriff also finds that the catastrophic public nuisance in question adversely affects, or constitutes a threat to, the public health, safety, and welfare of the people of the political subdivision, the chief executive officer of the political subdivision or the county sheriff may, after consulting with the attorney general, pursue all remedies allowed by law.
Terms Used In Utah Code 11-51a-104
Catastrophic public nuisance: means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause:
(a)
the threat of a catastrophic wildfire demonstrated by:
(i)
stand density, basal area, or ground fuel load greater than 150% of land health standards; or
(ii)
an insect or disease infestation severe enough to threaten the mortality of at least 20% of the trees in the area; or
(b)
a condition in the area that threatens the:
(i)
quantity or quality of the public water supply of a political subdivision;
(ii)
health, safety, or welfare of the citizens of a political subdivision;
(iii)
air quality of a nonattainment area; or
(iv)
vegetative resources required to support land health and authorized livestock grazing. See Utah Code 11-51a-102
Chief executive officer: means :
(a)
for a municipality:
(i)
the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
(ii)
the city manager, if the municipality is operating under the council-manager form of government;
(b)
for a county:
(i)
the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
(ii)
the county executive officer, if the county is operating under the county-executive form of government; or
(iii)
the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51a-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
In seeking an emergency abatement of a catastrophic public nuisance, a chief executive officer of a political subdivision or a county sheriff shall attempt, as much as possible, to:
(a)
coordinate with state and federal agencies; and
(b)
seek the advice of professionals, including private sector professionals, with expertise in abating a catastrophic public nuisance.
(3)
The state shall indemnify, defend, and hold a chief executive officer or county sheriff harmless from any claims or damages, including court costs and attorney fees, that are assessed as a result of the chief executive officer’s or county sheriff’s action, if:
(a)
the chief executive officer or county sheriff has complied with this chapter;
(b)
the court challenge against the chief executive officer or county sheriff addresses the chief executive officer’s or county sheriff’s action in abating a catastrophic public nuisance; and
(c)
the chief executive officer’s or county sheriff’s action abating the catastrophic public nuisance were in reasonable furtherance of the detailed proposed abatement plan described in Subsection 11-51a-103(3)(b).
