(1) As used in this chapter, "hazardous materials" means the same as that term is defined in Section 19-6-902.
(2) A municipal legislative body may:
(a) designate and regulate the abatement of:
(i) the growth and spread of injurious and noxious weeds;
(ii) garbage and refuse;
(iii) a public nuisance;
(iv) an illegal object or structure; or
(v) for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and
(b) appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter.
(3) A municipal legislative body may not:
(a) prohibit an owner or occupant of real property within the municipality's jurisdiction, including an owner or occupant who receives a notice in accordance with Section 10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or
(b) require that an owner or occupant described in Subsection (3)(a) use the services of the municipal inspector or any assistance employed by the municipal inspector described in Section 10-11-3 to provide an abatement service described in Subsection (3)(a).
(4) A municipality may require that an owner or occupant described in Subsection (3)(a) use the abatement services, as described in Section 10-11-3, of the municipal inspector, including the use of a certified decontamination specialist as described in Section 19-6-906, or any assistance employed by the municipal inspector if:
(a) the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner's or occupant's property after receiving a notice described in Section 10-11-2; and
(b) the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice.
(5) A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials.
(6) Nothing in this chapter may be construed:
(a) as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305, including commercial feed, plant food, pesticides, and seeds; or
(b) as limiting or abrogating the authority of a local health department under Section 19-6-905.