Utah Admin. Code R930-9-5 - Enforcement
(1) When the Department learns that a local
government or property owner has installed, placed, constructed, altered,
repaired, or maintained a drainage pipe, inlet or manhole, ditch, culvert or
any other structure or object of any kind within Department right-of-way
without the Department's without complying with the requirements of Utah Code
Title 72, the Department may:
(a) Remove the
installation from the right-of-way immediately as circumstances dictate;
or
(b) Give written notice to the
local government or property owner to remove the installation from the
Department's right-of-way.
(2) Notice under Subsection (1)(b) may be
served by:
(a) Personal service; or
(b)
(i)
Mailing the notice to the person, firm, or corporation by certified mail the
last known address; and
(ii)
Posting a copy on the installation for 10 days.
(3) If the installation is not removed within
10 days after the notice is served, the Department may remove the installation
at the expense of the local government or property owner.
(4) The Department may recover the costs and
expenses incurred in removing the installation, serving notice, and the costs
of a lawsuit.
(5)
(a) If the local government or property owner
disputes or denies the existence, placement, construction, or maintenance of
the installation, or refuses to remove or permit its removal, the Department
may bring an action to remove the installation.
(b) If the Department is granted a judgment
by a court the highway authority may recover the costs of removing the
installation as provided in Subsection (4).
Notes
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