Q When cleaning private property under Section 21-19-11, what should the city do with personal property? Should it be treated as abandoned property?

A The Municipality must strictly comply with the provisions of Section 21-19-11 when cleaning private property that is in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community. Personal property removed from private property pursuant to Section 21-19-11 is distinct from “lost, stolen, abandoned or misplaced personal property” as contemplated in Section 21-39-21 and may not be disposed of as such at any time, whether during or after the clean-up process. Pursuant to Section 21-19-11, it is incumbent upon the Municipality, either through the use of its employees or via contract labor, to remove personal property when the landowner has failed to do so. (Attorney General’s Opinions to Miller, December 18, 2014)