Inspection of property -- Notice -- Penalties. If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) ,…
“Inspection of property -- Notice -- Penalties. If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector”
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Inspection of property -- Notice -- Penalties. If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector
A municipal inspector must serve written notice to the property owner of record. The inspector may instead serve notice on a non-owner occupant or other responsible person if the owner does not live there and the municipality has adopted a maintenance-duty…
A property owner, occupant, or other person responsible for the property has missed the appeal-filing deadline.
Section 10-11-2(2)(f)(ii)
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Provision 33Offence 10
§ 10-11-2Inspection of property -- Notice -- Penalties.Offence
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Inspection of property -- Notice -- Penalties. If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector
Inspection of property -- Notice -- Penalties.
If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector to examine and investigate real property for: the growth and spread of injurious and noxious weeds; garbage and refuse; a public nuisance; an illegal object or structure; or hazardous materials; and 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) . 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: for the demolition and removal of the structure; or 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. 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. 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) : a civil penalty in accordance with Subsection 10-3-703(2) ; or 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. 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: abate the hazardous materials; or appeal the notice and begin the administrative proceeding process. 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) . 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: the property owner is not an occupant of the property; and 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. The municipal inspector may serve the written notice: 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 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. In the written notice described in Subsection (2)(a) , the municipal inspector shall: identify the property owner of record according to the records of the county recorder; describe the property and the nature and results of the examination and investigation conducted in accordance with Subsection (1)(a) ; identify the relevant regulation or ordinance at issue and describe the violation of the relevant regulation or ordinance; describe each order, fine, or penalty that may be imposed; 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 require the property owner, occupant, or, if applicable, another person responsible for the property to: eradicate or destroy and remove any identified item examined and investigated under Subsection (1)(a) ; and 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. 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. The municipal inspector shall serve the notice required under Subsection (2)(a)(i) under penalty of perjury. 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: the appeal and administrative proceeding process is completed; or the property owner, occupant, or another person responsible for the property has missed the deadline for filing the appeal.
If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector to examine and investigate real property for:
If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector to examine and investigate real property for: the growth and spread of injurious and noxious weeds; garbage and refuse; a public nuisance; an illegal object or structure; or hazardous materials; and 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) . 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: for the demolition and removal of the structure; or 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. 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. 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) : a civil penalty in accordance with Subsection 10-3-703(2) ; or 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. 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: abate the hazardous materials; or appeal the notice and begin the administrative proceeding process.
A municipality may, by ordinance, direct a municipal inspector to examine and investigate real property for specified weeds, waste, nuisances, illegal structures or objects, or hazardous materials, and must require written notice after an examination and investigation under Subsection (1)(a).
If a municipality adopts an ordinance describing the duties of a municipal inspector appointed under Section 10-11-1 , the ordinance: may, subject to Subsection (1)(b) , direct the inspector to examine and investigate real property for: the growth and spread of injurious and noxious weeds; garbage and refuse; a public nuisance; an illegal object or structure; or hazardous materials; and 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) .
An authorized person may direct an inspector to examine and investigate real property for weeds, garbage, a public nuisance, illegal structures or objects, or hazardous materials, subject to Subsection (1)(b).
may, subject to Subsection (1)(b) , direct the inspector to examine and investigate real property for: the growth and spread of injurious and noxious weeds; garbage and refuse; a public nuisance; an illegal object or structure; or hazardous materials; and
If an inspector conducts an examination and investigation under Subsection (1)(a), the inspector must deliver written notice of it in accordance with Subsection (2).
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) .
An ordinance under Subsection (1)(a) may not direct an inspector or authorize a municipality to abate conditions only in a structure’s interior, except when needed for demolition/removal or for hazardous-material removal in a structure closed by a local health or fire department.
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: for the demolition and removal of the structure; or 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.
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.
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.
An ordinance described in Subsection (1)(a) may authorize access limits to a structure and its appurtenant real property while hazardous materials are being destroyed, removed, or abated inside the structure.
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.
If a municipality has adopted a qualifying administrative proceeding ordinance, it may also adopt an ordinance imposing a civil penalty or a criminal penalty for violation of an order under Subsection (1)(c).
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) : a civil penalty in accordance with Subsection 10-3-703(2) ; or 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.
Provides for a criminal penalty, including a fine up to the maximum class B misdemeanor fine, imprisonment up to six months, or both.
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.
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:
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: abate the hazardous materials; or appeal the notice and begin the administrative proceeding process.
A municipal inspector must send written notice to the property owner of record, and may also send it to certain non-owner occupants or responsible persons when the stated conditions are met.
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) . 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: the property owner is not an occupant of the property; and 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. The municipal inspector may serve the written notice: 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 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. In the written notice described in Subsection (2)(a) , the municipal inspector shall: identify the property owner of record according to the records of the county recorder; describe the property and the nature and results of the examination and investigation conducted in accordance with Subsection (1)(a) ; identify the relevant regulation or ordinance at issue and describe the violation of the relevant regulation or ordinance; describe each order, fine, or penalty that may be imposed; 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 require the property owner, occupant, or, if applicable, another person responsible for the property to: eradicate or destroy and remove any identified item examined and investigated under Subsection (1)(a) ; and 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. 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. The municipal inspector shall serve the notice required under Subsection (2)(a)(i) under penalty of perjury. 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: the appeal and administrative proceeding process is completed; or the property owner, occupant, or another person responsible for the property has missed the deadline for filing the appeal.
A municipal inspector must serve written notice to the property owner of record. The inspector may instead serve notice on a non-owner occupant or other responsible person if the owner does not live there and the municipality has adopted a maintenance-duty ordinance.
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) . 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: the property owner is not an occupant of the property; and 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.
The municipal inspector must serve written notice to the property owner of record, using the county recorder’s records, under Subsection (2)(b).
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) .
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 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: the property owner is not an occupant of the property; and 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.
A municipality may adopt an ordinance that makes a non-owner occupant or other non-owner responsible person maintain the property.
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.
The municipal inspector may serve the written notice in person or by mail to the listed recipient, depending on which recipient and mailing address condition applies.
The municipal inspector may serve the written notice: 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 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.
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
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
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.
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.
The municipal inspector must include specified property, violation, penalty, and deadline information in the written notice, and may require the recipient to remove identified items and comply within the stated time limits.
In the written notice described in Subsection (2)(a) , the municipal inspector shall: identify the property owner of record according to the records of the county recorder; describe the property and the nature and results of the examination and investigation conducted in accordance with Subsection (1)(a) ; identify the relevant regulation or ordinance at issue and describe the violation of the relevant regulation or ordinance; describe each order, fine, or penalty that may be imposed; 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 require the property owner, occupant, or, if applicable, another person responsible for the property to: eradicate or destroy and remove any identified item examined and investigated under Subsection (1)(a) ; and 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.
A property owner, occupant, or, if applicable, another responsible person has a right to abate hazardous materials or appeal a notice for a closed structure or real property within 180 days after in-person delivery or the notice postmark date.
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
The property owner, occupant, or another responsible person must remove or destroy and remove the identified item, within a time set by the municipal inspector and not less than 10 days after notice; hazardous-material notices get at least 180 days.
require the property owner, occupant, or, if applicable, another person responsible for the property to: eradicate or destroy and remove any identified item examined and investigated under Subsection (1)(a) ; and 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.
The municipal inspector may set the compliance period, but it must be at least 10 days after notice is delivered in person or post-marked, or at least 180 days for notices about hazardous materials.
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.
For weeds on a property, the municipal inspector is not required to make more than one notice per annual season of weed growth.
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.
A municipality may not fine a property owner or authorize abatement of hazardous materials in a closed structure or property until the appeal process is finished or the appeal deadline is missed, unless a court orders otherwise.
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: the appeal and administrative proceeding process is completed; or the property owner, occupant, or another person responsible for the property has missed the deadline for filing the appeal.
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