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 business seeks to abate the nuisance by eviction
in or upon any building or place where the nuisance occurs as provided in
Section 78B-6-1107.
(2) The court may award costs, including the costs of
investigation and discovery, and reasonable attorney fees against a defendant
landlord, owner, or designated agent only when the court finds that the
defendant landlord, owner, or designated agent had actual notice of the
nuisance action and willfully failed to take reasonable action within a
reasonable time to abate the nuisance.
Renumbered and Amended by Chapter 3, 2008 General Session