Evidence of private nuisance -- Requirements for controlled substance nuisance

(1) In an action described in Section 78B-6a-302 or 78B-6a-303, all evidence authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a private nuisance or the elements required for an order of abatement by eviction by a preponderance of the evidence. (2) If the private nuisance is for fumes resulting from the unlawful manufacturing or the unlawful possession or use of a controlled substance that drift into a residential unit a person rents, leases, or owns, from another residential or commercial unit: (a) the plaintiff is not required to show that a person individually possessed, used, or controlled the substance; and (b) it is sufficient if the plaintiff shows that the person jointly participated with one or more persons in the use, possession, or control of a controlled substance with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over the controlled substance.