Effective 5/5/2021 78B-6-1101. Definitions — Nuisance — Right of action — Agriculture operations. (1) A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A nuisance may be the subject […]
78B-6-1102. Action. (1) An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance. (2) Upon judgment, the nuisance may be enjoined or abated, and damages may be recovered. Enacted by Chapter 3, 2008 General Session
78B-6-1102.5. Violation of order enjoining a nuisance. A person who knowingly violates any judgment or order abating or otherwise enjoining a nuisance as defined under Section 78B-6-1101 is guilty of a class B misdemeanor. Enacted by Chapter 99, 2010 General Session
78B-6-1103. Manufacturing facility in operation over three years — Limited application of restrictions. (1) Notwithstanding Sections 76-10-803 and 78B-6-1101, a manufacturing facility or operation may not be considered a nuisance, private or public, by virtue of any changed circumstance in land uses near the facility after it has been in operation for more than three […]
78B-6-1105. Tobacco smoke — Legislative intent. (1) The Legislature finds: (a) the federal Environmental Protection Agency (EPA) has determined that environmental tobacco smoke is a Group A carcinogen, in the same category as other cancer-causing chemicals such as asbestos; (b) the EPA has determined that there is no acceptable level of exposure to Class A […]
78B-6-1106. Rental units — Tobacco smoke. (1) There is no cause of action for a nuisance under Subsection 78B-6-1101(3) if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that: (a) smoking is allowed in other units, either residential or commercial, and that tobacco smoke from those units may drift […]
Effective 5/5/2021 78B-6-1107. Nuisance — Drug houses and drug dealing — Gambling — Group criminal activity — Party house — Prostitution — Weapons — Abatement by eviction. (1) Every building or place is a nuisance where: (a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition occurs of any controlled substance, precursor, or analog […]
78B-6-1108. Nuisance — Abatement by eviction. (1) Whenever there is reason to believe that a nuisance under Sections 78B-6-1107 through 78B-6-1114 is kept, maintained, or exists in any county, the county attorney of the county, the city attorney of any incorporated city, any citizen or citizens of the state residing in the county, or any […]
78B-6-1109. Abatement by eviction order — Grounds. An order of abatement by eviction may issue only upon a showing by the applicant by a preponderance of the evidence that: (1) the applicant will suffer irreparable harm unless the order of abatement by eviction issues; (2) the threatened injury to the applicant outweighs whatever damage the […]
78B-6-1110. Prior acts or threats of violence — Protection of witnesses. At the time of application for abatement of the nuisance by eviction pursuant to Sections 78B-6-1108 and 78B-6-1109, if proof of the existence of the nuisance depends, in whole or in part, upon the affidavits of witnesses who are not peace officers, upon a […]
78B-6-1111. Landlord, owner, or designated agent — Necessary party — Automatic eviction. (1) A landlord, owner, or designated agent is a necessary party defendant in a nuisance action under Sections 78B-6-1107 through 78B-6-1114 for entry of an order to abate the nuisance by eviction where the acts complained of are those of third parties upon […]
78B-6-1112. Security requirement — Amount not a limitation — Jurisdiction over surety. (1) The court shall condition issuance of the order of abatement by eviction on the giving of security by the applicant, in such sum and form as the court determines proper, unless it appears that none of the parties will incur or suffer […]
78B-6-1113. Evidence of nuisance. In any action for abatement by eviction instituted pursuant to Sections 78B-6-1107 through 78B-6-1114, all evidence otherwise authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a nuisance by a preponderance of the evidence. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-1114. Award of costs and attorney fees. (1) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for pursuant to some other provision of law, to the prevailing party in any case in which a governmental agency, private citizen or citizens, corporation, partnership, or […]
Effective 5/14/2019 78B-6-1115. Critical infrastructure materials operations — Nuisance liability. (1) Activities conducted in the normal and ordinary course of critical infrastructure materials operations or conducted in accordance with sound practices are presumed to be reasonable and not constitute a nuisance. (2) Critical infrastructure materials operations undertaken in conformity with federal, state, and local laws […]
