10-11-1. Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider.
(1) As used in this chapter, "hazardous materials" means the same as that term is defined in Section. 19-6-902
(2) A municipal legislative body may: designate and regulate the abatement of: the growth and spread of injurious and noxious weeds; garbage and refuse; a public nuisance; an illegal object or structure; or for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter.
(3) A municipal legislative body may not: 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, from selecting a person, as defined in Section, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or 10-11-2 10-1-104 require that an owner or occupant described in Subsectionuse the services of the municipal inspector or any assistance employed by the municipal inspector described in Sectionto provide an abatement service described in Subsection. (3)(a) 10-11-3 (3)(a)
(4) A municipality may require that an owner or occupant described in Subsectionuse the abatement services, as described in Section, of the municipal inspector, including the use of a certified decontamination specialist as described in Section, or any assistance employed by the municipal inspector if: (3)(a) 10-11-3 19-6-906 the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner's or occupant's property after receiving a notice described in Section; and 10-11-2 the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice.
(5) A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials.
(6) Nothing in this chapter may be construed: as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section, including commercial feed, plant food, pesticides, and seeds; or 4-2-305 as limiting or abrogating the authority of a local health department under Section. 19-6-905