United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-11-3

If a property owner or responsible person ignores a Section 10-11-2 notice, a municipal inspector may abate the property conditions and send a payment statement; unpaid amounts can lead to a lien,…

Source excerpt

abatement cost recoveryabatement costscode enforcementcounty recorder recordshearing noticelien notice filinglien procedurelitigation costsmunicipal collectionmunicipal costsmunicipal enforcementmunicipal liensnotice and objection proceduresproperty costs and expensesproperty enforcementproperty maintenance

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“If a property owner or responsible person ignores a Section 10-11-2 notice, a municipal inspector may abate the property conditions and send a payment statement; unpaid amounts can lead to a lien, court action, or certification to the county treasurer.”

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Neglect of property owners -- Removal or abatement by municipality -- Costs of removal or abatement -- Notice -- File action or lien -- Property owner objection.

If a property owner or responsible person ignores a Section 10-11-2 notice, a municipal inspector may abate the property conditions and send a payment statement; unpaid amounts can lead to a lien, court action, or certification to the county treasurer.

Section 10-11-3

Subsection 10-11-3(1)(b)(i)(B)

an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and

Section 10-11-3(1)(b)(i)(B)

Subsection 10-11-3(1)(d)(ii)

If the municipality has filed a lien notice under the referenced provisions, it must record a release of the lien in the county recorder's office once all amounts owed are paid.

Section 10-11-3(1)(d)(ii)

Subsection 10-11-3(3)(a)(i)

hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and

Section 10-11-3(3)(a)(i)

Subsection 10-11-3(5)(b)

A municipality may impose a criminal or civil penalty under Section 10-3-703.

Section 10-11-3(5)(b)

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Showing 39 of 39 provisions

Provision 36Offence 3

§ 10-11-3Neglect of property owners -- Removal or abatement by municipality -- Costs of removal or abatement -- Notice -- File action or lien -- Property owner objection.Offence

Source excerpt

Neglect of property owners -- Removal or abatement by municipality -- Costs of removal or abatement -- Notice -- File action or lien -- Property owner objection. If an owner of, occupant of, or other person responsible for real property described in the notice delivered in accordance with Section 10-11-2 fails to comply with Section 10-11-2 , a municipal inspector may: at the expense of the municipality, employ necessary assistance to enter the property and destroy, remove, or abate one or more items or conditions identified in a written notice described in Section 10-11-2 ; and prepare an itemized statement in accordance with Subsection (1)(b); and mail to the owner of record according to the records of the county recorder a copy of the statement demanding payment within 30 days after the day on which the statement is post-marked. The statement described in Subsection (1)(a)(ii)(A) shall: include: the address of the property described in Subsection (1)(a); an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and the address of the municipal treasurer where payment may be made for the expenses; and notify the property owner: that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section 10-11-4 ; that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and where the owner may file the objection, including the municipal office and address. A statement mailed in accordance with Subsection (1)(a) is delivered when mailed by certified mail addressed to the property owner's of record last-known address according to the records of the county recorder. A municipality may file a notice of a lien, including a copy of the statement described in Subsection (1)(a)(ii)(A) or a summary of the statement, in the records of the county recorder of the county in which the property is located. If a municipality files a notice of a lien indicating that the municipality intends to certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section 10-11-4 , the municipality shall file for record in the county recorder's office a release of the lien after all amounts owing are paid. If an owner fails to file a timely written objection as described in Subsection (1)(b)(ii)(B) or to pay the amount set forth in the statement under Subsection (1)(b)(i)(B), the municipality may: file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration ; or certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 . If a municipality pursues collection of the costs in accordance with Subsection (2)(a)(i) or (4)(a), the municipality may: sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and execute on the judgment in the manner provided by law. If a property owner files an objection in accordance with Subsection (1)(b)(ii), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and mail or deliver notice of the hearing date and time to the property owner. At the hearing described in Subsection (3)(a)(i), the municipality shall review and determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i). The property owner shall pay any actual cost due after a decision by the municipality at the hearing described in Subsection (3)(a)(i) to the municipal treasurer within 30 days after the day on which the hearing is held. If the property owner fails to pay in accordance with Subsection (3)(c), the municipality may: file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for the actual cost determined under Subsection (3)(b); or certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 . This section does not affect or limit: a municipal governing body's power to pass an ordinance as described in Section 10-3-702 ; or a criminal or civil penalty imposed by a municipality in accordance with Section 10-3-703 .

Section 10-11-3Verify source

§ 10-11-3(1)Subsection 10-11-3(1)Provision

Source excerpt

If an owner of, occupant of, or other person responsible for real property described in the notice delivered in accordance with Section 10-11-2 fails to comply with Section 10-11-2 , a municipal inspector may: at the expense of the municipality, employ necessary assistance to enter the property and destroy, remove, or abate one or more items or conditions identified in a written notice described in Section 10-11-2 ; and prepare an itemized statement in accordance with Subsection (1)(b); and mail to the owner of record according to the records of the county recorder a copy of the statement demanding payment within 30 days after the day on which the statement is post-marked. The statement described in Subsection (1)(a)(ii)(A) shall: include: the address of the property described in Subsection (1)(a); an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and the address of the municipal treasurer where payment may be made for the expenses; and notify the property owner: that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section 10-11-4 ; that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and where the owner may file the objection, including the municipal office and address. A statement mailed in accordance with Subsection (1)(a) is delivered when mailed by certified mail addressed to the property owner's of record last-known address according to the records of the county recorder. A municipality may file a notice of a lien, including a copy of the statement described in Subsection (1)(a)(ii)(A) or a summary of the statement, in the records of the county recorder of the county in which the property is located. If a municipality files a notice of a lien indicating that the municipality intends to certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section 10-11-4 , the municipality shall file for record in the county recorder's office a release of the lien after all amounts owing are paid.

Section 10-11-3(1)Verify source

§ 10-11-3(1)(a)Subsection 10-11-3(1)(a)Provision

Source excerpt

If the responsible person does not comply with Section 10-11-2, a municipal inspector may enter the property, remove or abate the listed conditions, prepare an itemized statement, and mail the owner of record a payment demand within 30 days after postmark.

Section 10-11-3(1)(a)Verify source

§ 10-11-3(1)(a)(i)Subsection 10-11-3(1)(a)(i)Provision

Source excerpt

The municipality must use necessary assistance, at its expense, to enter property and destroy, remove, or abate items or conditions identified in a written notice under Section 10-11-2.

at the expense of the municipality, employ necessary assistance to enter the property and destroy, remove, or abate one or more items or conditions identified in a written notice described in Section 10-11-2 ; and

Section 10-11-3(1)(a)(i)Verify source

§ 10-11-3(1)(a)(ii)Subsection 10-11-3(1)(a)(ii)Provision

Source excerpt

The actor must prepare an itemized statement and mail a copy of the statement demanding payment to the owner of record.

prepare an itemized statement in accordance with Subsection (1)(b); and mail to the owner of record according to the records of the county recorder a copy of the statement demanding payment within 30 days after the day on which the statement is post-marked.

Section 10-11-3(1)(a)(ii)Verify source

§ 10-11-3(1)(a)(ii)(A)Subsection 10-11-3(1)(a)(ii)(A)Provision

Source excerpt

An unnamed actor must prepare an itemized statement in accordance with Subsection (1)(b).

prepare an itemized statement in accordance with Subsection (1)(b); and

Section 10-11-3(1)(a)(ii)(A)Verify source

§ 10-11-3(1)(a)(ii)(B)Subsection 10-11-3(1)(a)(ii)(B)Provision

Source excerpt

Mail a copy of the statement demanding payment to the owner of record within 30 days after the statement is postmarked.

mail to the owner of record according to the records of the county recorder a copy of the statement demanding payment within 30 days after the day on which the statement is post-marked.

Section 10-11-3(1)(a)(ii)(B)Verify source

§ 10-11-3(1)(b)Subsection 10-11-3(1)(b)Provision

Source excerpt

The statement described in Subsection (1)(a)(ii)(A) shall: include: the address of the property described in Subsection (1)(a); an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and the address of the municipal treasurer where payment may be made for the expenses; and notify the property owner: that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section 10-11-4 ; that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and where the owner may file the objection, including the municipal office and address.

Section 10-11-3(1)(b)Verify source

§ 10-11-3(1)(b)(i)Subsection 10-11-3(1)(b)(i)Provision

Source excerpt

include: the address of the property described in Subsection (1)(a); an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and the address

Section 10-11-3(1)(b)(i)Verify source

§ 10-11-3(1)(b)(i)(A)Subsection 10-11-3(1)(b)(i)(A)Provision

Source excerpt

the address of the property described in Subsection (1)(a);

Section 10-11-3(1)(b)(i)(A)Verify source

§ 10-11-3(1)(b)(i)(B)Subsection 10-11-3(1)(b)(i)(B)Provision

Source excerpt

an itemized list of and demand for payment for all expenses, including administrative expenses, incurred by the municipality under Subsection (1)(a)(i); and

Section 10-11-3(1)(b)(i)(B)Verify source

§ 10-11-3(1)(b)(i)(C)Subsection 10-11-3(1)(b)(i)(C)Provision

Source excerpt

the address of the municipal treasurer where payment may be made for the expenses; and

Section 10-11-3(1)(b)(i)(C)Verify source

§ 10-11-3(1)(b)(ii)Subsection 10-11-3(1)(b)(ii)Provision

Source excerpt

The notifying party must notify the property owner that nonpayment may lead to a lien, and the owner may file a written objection within 20 days after the statement is post-marked.

notify the property owner: that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section 10-11-4 ; that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and where the owner may file the objection, including the municipal office and address.

Section 10-11-3(1)(b)(ii)Verify source

§ 10-11-3(1)(b)(ii)(A)Subsection 10-11-3(1)(b)(ii)(A)Provision

Source excerpt

that failure to pay the expenses described in Subsection (1)(b)(i)(B) may result in a lien on the property in accordance with Section 10-11-4 ;

Section 10-11-3(1)(b)(ii)(A)Verify source

§ 10-11-3(1)(b)(ii)(B)Subsection 10-11-3(1)(b)(ii)(B)Provision

Source excerpt

that the owner may file a written objection to all or part of the statement within 20 days after the day of the statement post-mark; and

Section 10-11-3(1)(b)(ii)(B)Verify source

§ 10-11-3(1)(b)(ii)(C)Subsection 10-11-3(1)(b)(ii)(C)Provision

Source excerpt

The owner may file the objection at the municipal office and address.

where the owner may file the objection, including the municipal office and address.

Section 10-11-3(1)(b)(ii)(C)Verify source

§ 10-11-3(1)(c)Subsection 10-11-3(1)(c)Provision

Source excerpt

A statement mailed in accordance with Subsection (1)(a) is delivered when mailed by certified mail addressed to the property owner's of record last-known address according to the records of the county recorder.

Section 10-11-3(1)(c)Verify source

§ 10-11-3(1)(d)Subsection 10-11-3(1)(d)Provision

Source excerpt

A municipality may file a notice of a lien, including a copy of the statement described in Subsection (1)(a)(ii)(A) or a summary of the statement, in the records of the county recorder of the county in which the property is located. If a municipality files a notice of a lien indicating that the municipality intends to certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section 10-11-4 , the municipality shall file for record in the county recorder's office a release of the lien after all amounts owing are paid.

Section 10-11-3(1)(d)Verify source

§ 10-11-3(1)(d)(i)Subsection 10-11-3(1)(d)(i)Provision

Source excerpt

A municipality may file a lien notice in the county recorder’s records.

Section 10-11-3(1)(d)(i)Verify source

§ 10-11-3(1)(d)(ii)Subsection 10-11-3(1)(d)(ii)Provision

Source excerpt

If the municipality has filed a lien notice under the referenced provisions, it must record a release of the lien in the county recorder's office once all amounts owed are paid.

If a municipality files a notice of a lien indicating that the municipality intends to certify the unpaid costs and expenses in accordance with Subsection (2)(a)(ii) and Section 10-11-4 , the municipality shall file for record in the county recorder's office a release of the lien after all amounts owing are paid.

Section 10-11-3(1)(d)(ii)Verify source

§ 10-11-3(2)Subsection 10-11-3(2)Provision

Source excerpt

If an owner does not timely object in writing or pay the stated amount, the municipality may start a court action or certify the past-due costs to the county treasurer.

If an owner fails to file a timely written objection as described in Subsection (1)(b)(ii)(B) or to pay the amount set forth in the statement under Subsection (1)(b)(i)(B), the municipality may: file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration ; or certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 . If a municipality pursues collection of the costs in accordance with Subsection (2)(a)(i) or (4)(a), the municipality may: sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and execute on the judgment in the manner provided by law.

Section 10-11-3(2)Verify source

§ 10-11-3(2)(a)Subsection 10-11-3(2)(a)Provision

Source excerpt

Section 10-11-3(2)(a)Verify source

§ 10-11-3(2)(a)(i)Subsection 10-11-3(2)(a)(i)Provision

Source excerpt

An action must be filed in a court with jurisdiction under Title 78A.

file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration ; or

Section 10-11-3(2)(a)(i)Verify source

§ 10-11-3(2)(a)(ii)Subsection 10-11-3(2)(a)(ii)Provision

Source excerpt

Certify the past due costs and expenses to the county treasurer of the county where the property is located, in accordance with Section 10-11-4.

certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 .

Section 10-11-3(2)(a)(ii)Verify source

§ 10-11-3(2)(b)Subsection 10-11-3(2)(b)Provision

Source excerpt

If a municipality seeks collection under the referenced subsections, it may sue for judgment for removal and destruction costs, administrative costs, reasonable attorney fees, interest, and court costs, and may execute on the judgment as provided by law.

If a municipality pursues collection of the costs in accordance with Subsection (2)(a)(i) or (4)(a), the municipality may: sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and execute on the judgment in the manner provided by law.

Section 10-11-3(2)(b)Verify source

§ 10-11-3(2)(b)(i)Subsection 10-11-3(2)(b)(i)Provision

Source excerpt

sue for and receive judgment for all removal and destruction costs, including administrative costs, and reasonable attorney fees, interest, and court costs; and

Section 10-11-3(2)(b)(i)Verify source

§ 10-11-3(2)(b)(ii)Subsection 10-11-3(2)(b)(ii)Provision

Source excerpt

A judgment must be executed in the manner provided by law.

execute on the judgment in the manner provided by law.

Section 10-11-3(2)(b)(ii)Verify source

§ 10-11-3(3)Subsection 10-11-3(3)Provision

Source excerpt

If the property owner objects, the municipality must hold a hearing, notify the owner of the hearing date and time, determine the actual abatement cost, and the owner must pay any amount due to the municipal treasurer within 30 days after the hearing.

If a property owner files an objection in accordance with Subsection (1)(b)(ii), the municipality shall: hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and mail or deliver notice of the hearing date and time to the property owner. At the hearing described in Subsection (3)(a)(i), the municipality shall review and determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i). The property owner shall pay any actual cost due after a decision by the municipality at the hearing described in Subsection (3)(a)(i) to the municipal treasurer within 30 days after the day on which the hearing is held.

Section 10-11-3(3)Verify source

§ 10-11-3(3)(a)Subsection 10-11-3(3)(a)Provision

Source excerpt

If a property owner files an objection under Subsection (1)(b)(ii), the municipality must hold a hearing and mail or deliver notice of the hearing date and time to the property owner.

Section 10-11-3(3)(a)Verify source

§ 10-11-3(3)(a)(i)Subsection 10-11-3(3)(a)(i)Provision

Source excerpt

hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and

Section 10-11-3(3)(a)(i)Verify source

§ 10-11-3(3)(a)(ii)Subsection 10-11-3(3)(a)(ii)Provision

Source excerpt

Someone must mail or deliver notice of the hearing date and time to the property owner.

mail or deliver notice of the hearing date and time to the property owner.

Section 10-11-3(3)(a)(ii)Verify source

§ 10-11-3(3)(b)Subsection 10-11-3(3)(b)Provision

Source excerpt

At the specified hearing, the municipality must review and determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i).

At the hearing described in Subsection (3)(a)(i), the municipality shall review and determine the actual cost of abatement, if any, incurred under Subsection (1)(a)(i).

Section 10-11-3(3)(b)Verify source

§ 10-11-3(3)(c)Subsection 10-11-3(3)(c)Provision

Source excerpt

The property owner must pay any actual cost due to the municipal treasurer within 30 days after the hearing, if the municipality has made a decision at the hearing described in Subsection (3)(a)(i).

The property owner shall pay any actual cost due after a decision by the municipality at the hearing described in Subsection (3)(a)(i) to the municipal treasurer within 30 days after the day on which the hearing is held.

Section 10-11-3(3)(c)Verify source

§ 10-11-3(4)Subsection 10-11-3(4)Provision

Source excerpt

If the property owner does not pay under Subsection (3)(c), the municipality may file a court action for the actual cost or certify the past due costs and expenses to the county treasurer.

If the property owner fails to pay in accordance with Subsection (3)(c), the municipality may: file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for the actual cost determined under Subsection (3)(b); or certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 .

Section 10-11-3(4)Verify source

§ 10-11-3(4)(a)Subsection 10-11-3(4)(a)Provision

Source excerpt

file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for the actual cost determined under Subsection (3)(b); or

Section 10-11-3(4)(a)Verify source

§ 10-11-3(4)(b)Subsection 10-11-3(4)(b)Provision

Source excerpt

The provision requires certification of past due costs and expenses to the county treasurer of the county where the property is located, under Section 10-11-4.

certify the past due costs and expenses to the county treasurer of the county in which the property is located in accordance with Section 10-11-4 .

Section 10-11-3(4)(b)Verify source

§ 10-11-3(5)Subsection 10-11-3(5)Offence

Source excerpt

This section says it does not limit a municipal governing body’s power to pass certain ordinances, or a municipality’s authority to impose criminal or civil penalties under Section 10-3-703.

This section does not affect or limit: a municipal governing body's power to pass an ordinance as described in Section 10-3-702 ; or a criminal or civil penalty imposed by a municipality in accordance with Section 10-3-703 .

Section 10-11-3(5)Verify source

§ 10-11-3(5)(a)Subsection 10-11-3(5)(a)Provision

Source excerpt

A municipal governing body has power to pass an ordinance as described in Section 10-3-702.

a municipal governing body's power to pass an ordinance as described in Section 10-3-702 ; or

Section 10-11-3(5)(a)Verify source

§ 10-11-3(5)(b)Subsection 10-11-3(5)(b)Offence

Source excerpt

A municipality may impose a criminal or civil penalty under Section 10-3-703.

a criminal or civil penalty imposed by a municipality in accordance with Section 10-3-703 .

Section 10-11-3(5)(b)Verify source

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Utah Code § 10-11-3

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