11-268

11-268. Removal of rubbish, trash, weeds,
filth, debris and dilapidated buildings; violation; classification;
removal by county; costs assessed; collection; priority of lien;
definition

A. The board of supervisors, by ordinance, shall compel the owner, lessee or
occupant of buildings, grounds or lots located in the unincorporated areas of the county
to remove rubbish, trash, weeds, filth, debris or dilapidated buildings which constitute
a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks,
streets and alleys. Any such ordinance shall require and include:

1. Reasonable written notice to the owner, any lienholder, occupant or lessee. The
notice shall be given not less than thirty days before the day set for compliance and
shall include the estimated cost to the county for the removal if the owner, occupant or
lessee does not comply. The notice shall be either personally served or mailed by
certified mail to the owner, occupant or lessee at his last known address, or the address
to which the tax bill for the property was last mailed. If the owner does not reside on
the property, a duplicate notice shall also be sent to the owner at the owner's last
known address.

2. Provisions for appeal to the board of supervisors on both the notice and the
assessments.

3. That any person, firm or corporation that places any rubbish, trash, filth or
debris upon any private or public property located in the unincorporated areas of the
county not owned or under the control of the person, firm or corporation is guilty of a
class 1 misdemeanor and, in addition to any fine which may be imposed for a violation of
any provision of this section, is liable for all costs which may be assessed pursuant to
this section for the removal of the rubbish, trash, filth or debris.

B. The ordinance may provide that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant of the buildings, grounds or lots,
after notice as required by subsection A, paragraph 1, does not remove the rubbish,
trash, weeds, filth, debris or dilapidated buildings and abate the condition which
constitutes a hazard to public health and safety, the county may, at the expense of the
owner, lessee or occupant, remove, abate, enjoin or cause the removal of the rubbish,
trash, weeds, filth, debris or dilapidated buildings.

C. The board of supervisors may prescribe by the ordinance a procedure for such
removal or abatement and for making the actual cost of such removal or abatement,
including the actual costs of any additional inspection and other incidental costs in
connection with the removal or abatement, an assessment upon the lots and tracts of land
from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed.

D. The ordinance may provide that the cost of removal, abatement or injunction of
the rubbish, trash, weeds, filth, debris or dilapidated buildings from any lot or tract
of land located in the unincorporated areas of the county and associated legal costs be
assessed in the manner and form prescribed by ordinance of the county upon the property
from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed,
abated or enjoined. The county shall record the assessment in the county recorder's
office in the county in which the property is located, including the date and amount of
the assessment and the legal description of the property. Any assessment recorded after
the effective date of this amendment to this section is prior and superior to all other
liens, obligations or other encumbrances, except liens for general taxes and prior
recorded mortgages. A sale of the property to satisfy an assessment obtained under this
section shall be made on judgment of foreclosure and order of sale. The county may bring
an action to enforce the lien in the superior court in the county in which the property
is located at any time after the recording of the assessment, but failure to enforce the
lien by such action does not affect its validity. The recorded assessment is prima facie
evidence of the truth of all matters recited in the assessment and of the regularity of
all proceedings before the recording of the assessment.

E. Assessments that are imposed under subsection D run against the property until
they are paid and are due and payable in equal annual installments as follows:

1. Assessments of less than five hundred dollars shall be paid within one year
after the assessment is recorded.

2. Assessments of five hundred dollars or more but less than one thousand dollars
shall be paid within two years after the assessment is recorded.

3. Assessments of one thousand dollars or more but less than five thousand dollars
shall be paid within three years after the assessment is recorded.

4. Assessments of five thousand dollars or more but less than ten thousand dollars
shall be paid within six years after the assessment is recorded.

5. Assessments of ten thousand dollars or more shall be paid within ten years after
the assessment is recorded.

F. A prior assessment for the purposes provided in this section is not a bar to a
subsequent assessment or assessments for such purposes, and any number of liens on the
same lot or tract of land may be enforced in the same action.

G. Before the removal of a dilapidated building the board of supervisors shall
consult with the state historic preservation officer to determine if the building is of
historical value.

H. If a county removes a dilapidated building pursuant to this section, the county
assessor shall adjust the valuation of the property on the property assessment tax rolls
from the date of removal.

I. As used in this section occupant does not include any corporation or association
operating or maintaining rights-of-way for and on behalf of the United States government,
either under contract or under federal law.

J. As used in this section, "dilapidated building" means any real property
structure that is in such disrepair or is damaged to the extent that its strength or
stability is substantially less than a new building or it is likely to burn or collapse
and its condition endangers the life, health, safety or property of the public.