Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties

1. Any vacant residential property purchased or acquired by a person at a foreclosure sale must be maintained by that person in accordance with subsection 2. 2. In addition to complying with any other ordinance or rule as required by the applicable governmental entity, the purchaser shall care for the exterior of the property, including, without limitation: (a) Limiting the excessive growth of foliage which would otherwise diminish the value of that property or of the surrounding properties; (b) Preventing trespassers from remaining on the property; (c) Preventing mosquito larvae from growing in standing water; and (d) Preventing any other condition that creates a public nuisance. 3. If a person violates subsection 2, the applicable governmental entity shall mail to the last known address of the person, by certified mail, a notice: (a) Describing the violation; (b) Informing the person that a civil penalty may be imposed pursuant to this section unless the person acts to correct the violation within 14 days after the date of receipt of the notice and completes the correction within 30 days after the date of receipt of the notice; and (c) Informing the person that the person may contest the allegation pursuant to subsection 4. 4. If a person, within 5 days after a notice is mailed to the person pursuant to subsection 3, requests a hearing to contest the allegation of a violation of subsection 2, the applicable governmental entity shall apply for a hearing before a court of competent jurisdiction. 5. Except as otherwise provided in subsection 8, in addition to any other penalty, the applicable governmental entity may impose a civil penalty of not more than $1,000 per day for a violation of subsection 2: (a) Commencing on the day following the expiration of the period of time described in subsection 3; or (b) If the person requested a hearing pursuant to subsection 4, commencing on the day following a determination by the court in favor of the applicable governmental entity. 6. The applicable governmental entity may waive or extend the period of time described in subsection 3 if: (a) The person to whom a notice is sent pursuant to subsection 3 makes a good faith effort to correct the violation; and (b) The violation cannot be corrected in the period of time described in subsection 3. 7. Any penalty collected by the applicable governmental entity pursuant to this section must be directed to local nuisance abatement programs. 8. The applicable governmental entity may not assess any penalty pursuant to this section in addition to any penalty prescribed by a local ordinance. This section shall not be deemed to preempt any local ordinance. 9. If the applicable governmental entity assesses any penalty pursuant to this section, any lien related thereto must be recorded in the office of the county recorder. 10. As used in this section, “applicable governmental entity” means: (a) If the property is within the boundaries of a city, the governing body of the city; and (b) If the property is not within the boundaries of a city, the board of county commissioners of the county in which the property is located.