Utah Code 4-35-107. Notice to owner or occupant — Corrective action required — Directive issued by department — Costs — Owner or occupant may prohibit treatment

(1)	The department or an authorized agent of the department shall notify the owner or occupant of the problem and the available alternatives to remedy the problem. The owner or occupant shall take corrective action within 30 days.

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Department: means the Department of Agriculture and Food. See Utah Code 4-35-102
Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102
Property: includes both real and personal property. See Utah Code 68-3-12.5

(2)

(a)	If the owner or occupant fails to take corrective action under Subsection (1), the department may issue a directive for corrective action that shall be taken within 15 days.

(b)	If the owner or occupant fails to act within the required time, the department shall take the necessary action.

(c)	The department may recover full or partial costs incurred for controlling a plant pest emergency from the owner or occupant of the property on whose property corrective action was taken. The amount of costs to be recovered is at the department’s sole discretion.

(3)

(a)	An owner or occupant of property may prohibit treatment by presenting an affidavit from the owner’s or occupant’s attending physician or physician assistant to the department that states that the treatment as planned is a danger to the owner’s or occupant’s health.

(b)	The department shall provide the owner or occupant with alternatives to treatment that will abate the plant pest.

Amended by Chapter 326, 2020 General Session