72-7-208 - Junkyard operated in violation of provisions is public nuisance -- Abatement -- Adjudicative proceedings -- Judicial review -- Costs of abatement.
72-7-208. Junkyard operated in violation of provisions is public nuisance --Abatement -- Adjudicative proceedings -- Judicial review -- Costs of abatement.
(1) The establishment, operation, or maintenance of any junkyard contrary to theprovisions of this part is a public nuisance.
(2) The department shall:
(a) enforce the provisions of this part and administrative rules the department makesunder this part; and
(b) except as provided in Subsection (3) and in its enforcement of the provisions of thispart, comply with the procedures and requirements of Title 63G, Chapter 4, AdministrativeProcedures Act.
(3) (a) The district court has jurisdiction to review by trial de novo all final orders of thedepartment under this part resulting from formal and informal adjudicative proceedings.
(b) Venue for judicial review of final orders of the department is in the county in whichthe junkyard is located.
(4) If the department is granted a judgment, the department is entitled to take actionnecessary to cause the nuisance to be abated and is entitled to recover from the responsibleperson, firm, or corporation, jointly and severally:
(a) the costs and expenses incurred in abating the nuisance; and
(b) $10 for each day the junkyard was maintained following the expiration of 10 daysafter notice of agency action was filed and served under Section 63G-4-201.
Amended by Chapter 140, 2008 General Session