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).