Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a)
“Co-owned home” means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.
(b)
“Residential unit” means the same as that term is defined in Section 17-50-338.
(2)
Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a county legislative body may not:
(a)
adopt or enforce a land use regulation that governs co-owned homes differently than other residential units; or
(b)
use a land use regulation that regulates co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.
(3)
Notwithstanding Subsection (2), a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes.
(4)
This section does not limit homeowners’ associations or condominium associations from adopting rules or regulations governing co-owned homes.
(5)
Nothing in this section limits a county’s authority to adopt or enforce regulations regarding:
(a)
accessory dwelling units, as defined in Section 17-27a-103;
(b)
internal accessory dwelling units, as defined in Section 17-27a-510.5; or
(c)
the rental of a residential unit for fewer than 30 days consistent with Section 17-50-338.
