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 17-27a-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 county 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 17-27a-103
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
(a)
is required for human consumption; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public improvements; and
(ii)
as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(a)
A county 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 county need only establish the violation to obtain the injunction.
(2)
(a)
A county may enforce the county’s ordinance by withholding a building permit.
(b)
It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within a county without approval of a building permit.
(c)
The county 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 county 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 county has accepted an improvement completion assurance for landscaping or infrastructure improvements for the development.
