§ 26A-1-120. County attorney or district attorney to represent and advise department, board, officers, and employees.

(1) Except as otherwise provided in this section, the county attorney of the county in which the headquarters of the local health department is located shall serve as legal advisor to the local health department in all civil matters involving the local health department.

(2) The county attorney of the county where a civil claim arises shall bring any action requested by a local health department to abate a condition that exists in violation of, or to restrain or enjoin any action which is in violation of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws, ordinances, and rules pertaining to health and sanitary matters.

(3)

(a) The district attorney or county attorney having criminal jurisdiction shall prosecute criminal violations of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws and rules pertaining to health and sanitary matters.

(b) Violations of local ordinances relating to public health matters shall be prosecuted by the prosecuting attorney of the jurisdiction enacting the ordinance.

(4) The county attorney of a county where an action arises shall, if requested by the county attorney designated in Subsection (1):

(a) act as legal adviser to the local health department and the board with respect to the action; and

(b) defend all actions and proceedings brought in that county against the local health department, the board, or the officers and employees of the local health department.

Amended by Chapter 249, 2002 General Session