Utah Code 10-9a-611. Prohibited acts

10-9a-611. Prohibited acts.

(1)

Terms Used In Utah Code 10-9a-611

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Land: includes :Utah Code 68-3-12.5
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
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :

(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;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Parcel: means any real property that is not a lot. See Utah Code 10-9a-103

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

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

Subdivision: includes :

(i)	the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and

(ii)

except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103

(a)

(i)	If a subdivision requires a plat, an owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this part for each lot or parcel transferred or sold.

(ii)	A violation of Subsection (1)(a)(i) is an infraction.

(b)	The description by metes and bounds in an instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from being a violation of Subsection (1)(a) or from the penalties or remedies provided in this chapter.

(c)

Notwithstanding any other provision of this Subsection (1), the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this part:

(i)	does not affect the validity of the instrument or other document; and

(ii)	does not affect whether the property that is the subject of the instrument or other document complies with applicable municipal ordinances on land use and development.

(2)

(a)	A municipality may bring an action against an owner to require the property to conform to the provisions of this part or an ordinance enacted under the authority of this part.

(b)	An action under this Subsection (2) may include an injunction or any other appropriate action or proceeding to prevent or enjoin the violation.

(c)	A municipality need only establish the violation to obtain the injunction.

Amended by Chapter 434, 2020 General Session

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