Abatement of weeds, garbage, refuse, and unsightly objects -- Selection of service provider.
Viewing an earlier, undated versionView current (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
- (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 or any assistance employed by the municipal inspector if:
- (a) the municipality adopts an ordinance providing a reasonable period of time 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.