Adversely affected party: means a person other than a land use applicant who:
(a)
owns real property adjoining the property that is the subject of a land use application or land use decision; or
(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:
(a)
recording a subdivision plat; or
(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:
(a)
is required for human occupation; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public improvements; and
(ii)
whether the improvement is public or private, as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(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 :
(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;
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
(a)
A municipality or an adversely affected party may, in addition to other remedies provided by law, institute:
(i)
injunctions, mandamus, abatement, or any other appropriate actions; or
(ii)
proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b)
A municipality need only establish the violation to obtain the injunction.
(2)
(a)
A municipality may enforce the municipality’s ordinance by withholding a building permit.
(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.
(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.
(d)
A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:
(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
(ii)
for which the municipality has accepted an improvement completion assurance for landscaping or infrastructure improvements for the development.
