Utah Code 10-9a-802. Enforcement
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Terms Used In Utah Code 10-9a-802
- Adversely affected party: means a person other than a land use applicant who:(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103
- Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(24)(a) recording a subdivision plat; or(24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103- Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
(27)(a) is required for human occupation; and(27)(b) an applicant must install:(27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and(27)(b)(ii) whether the improvement is public or private, as a condition of:(27)(b)(ii)(A) recording a subdivision plat;(27)(b)(ii)(B) obtaining a building permit; or(27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104(1)(a) A municipality or an adversely affected party may, in addition to other remedies provided by law, institute:(1)(a)(i) injunctions, mandamus, abatement, or any other appropriate actions; or(1)(a)(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.(1)(b) A municipality need only establish the violation to obtain the injunction.(2)(2)(a) A municipality may enforce the municipality’s ordinance by withholding a building permit.(2)(b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any building or other structure within a municipality without approval of a building permit.(2)(c) A municipality may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all regulations then in effect.(2)(d) A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:(2)(d)(i) that is not essential to meet the requirements for the issuance of a building permit or certificate of occupancy under the building code and fire code; and(2)(d)(ii) for which the municipality has accepted an improvement completion assurance for landscaping or infrastructure improvements for the development. - Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: