Utah Code 10-9a-802 v2. Enforcement

(1)

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Terms Used In Utah Code 10-9a-802 v2

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.
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
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 Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Town: means a municipality classified by population as a town under Section 10-2-301. 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) Except as provided in Subsections (3) and (4), 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 a public landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure improvement for the development.

(3) A municipality may not deny an applicant a building permit or certificate of occupancy based on the lack of completion of a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-9a-604.5.

(4) A municipality may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk.

(5) A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.

(6) A municipality may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted.

(7) A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for:

(7)(a) another infrastructure improvement; or

(7)(b) a public landscaping improvement, as defined in Section 10-9a-604.5.

(8) A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.

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