Utah Admin. Code 68-9-6

Current through Bulletin 2024-20, October 15, 2024

Section R68-9-6 - Notices

(1) On or before May 1 of each year, each County Weed Control Board shall publish a general notice of the noxious weeds in the county on the Utah Public Notice Website. The general notice shall meet the applicable requirements listed in Section 63G-30-102.

(2) The County Weed Control Board may determine and publish the general notice at any time and shall include:

(a) a requirement that property owners control and prevent the spread of noxious weeds on land in their possession, or under their control;

(b) a warning that if they fail to comply with Subsection R68-9-6(2)(a), then county authorities may impose weed control measures;

(c) the state list of noxious and invasive weeds as listed in tables 1-5 in this rule.

(3)

(a) Following publication of a general notice, if a County Weed Control Board determines that definite weed control measures are required to control noxious weeds on a particular property, they may serve notice on an owner or the person in possession of the property.

(b) The notice will give specific instructions concerning when and how the owner or the person in possession of the property shall control noxious weeds within a named period.

(4) An owner or person in possession of property who fails to take action to control or prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.

(5) After five working days have passed from when a commission declares a property a public nuisance, the commission may take action to control or prevent the spread of noxious weeds on a particular property and the owner of record or person in possession of the property shall pay any expenses incurred by the county.

(6) Following the action taken, a final notice shall:

(a) be provided to the person in possession of the property;

(b) show an itemized cost statement of the labor and materials used in the control measures consistent with Section 4-17-110;

(c) include a demand for payment within 90 days; and

(d) a statement that the incurred expense constitutes a lien against the property and may be added to the general property taxes collectible by the county treasurer if payment is not made on time.

Utah Admin. Code R68-9-6

Amended by Utah State Bulletin Number 2016-5, effective 2/2/2016

Amended by Utah State Bulletin Number 2022-13, effective 6/21/2022

Amended by Utah State Bulletin Number 2023-22, effective 10/30/2023

Amended by Utah State Bulletin Number 2024-14, effective 6/28/2024