Terms Used In Utah Code > Title 17B > Chapter 2a > Part 7 - Mosquito Abatement District Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Anticipated improvement: means an improvement:

  (a)	for which preconstruction service is performed; and

  (b)

  that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102 Compensation: means the payment of money for a service rendered or an expense incurred, whether based on: (a)  time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or (b)  a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102 Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102 Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102 Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102 Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102 Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Counterclaim: A claim that a defendant makes against a plaintiff. County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102 Entry number: means the reference number that: (a)  the designated agent assigns to each notice or other document filed with the registry; and (b)  is unique for each notice or other document. See Utah Code 38-1a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Final completion: means : (a)  the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required; (b)  the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required; (c)  unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or (d)  the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102 First preliminary notice filing: means a preliminary notice that: (a)  is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed; (b)  is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and (c)  is not canceled under Section 38-1a-307. See Utah Code 38-1a-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Highway: includes :Utah Code 68-3-12.5 Improvement: means : (a)  a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or (b)  a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102 Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102 Owner-builder: means an owner, including an owner who is also an original contractor, who: (a)  contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and (b)  obtains a building permit for the improvement. See Utah Code 38-1a-102 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Private project: means a construction project that is not a government project. See Utah Code 38-1a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102 Required notice: means : (a)  a notice of preconstruction service under Section 38-1a-401; (b)  a preliminary notice under Section 38-1a-501 or Section 38-1b-202; (c)  a notice of commencement; (d)  a notice of construction loan under Section 38-1a-601; (e)  a notice under Section 38-1a-602 concerning a construction loan default; (f)  a notice of intent to obtain final completion under Section 38-1a-506; or (g)  a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Subcontractor: means a person that contracts to provide preconstruction service or construction work to: (a)  a person other than the owner; or (b)  the owner, if the owner is an owner-builder. See Utah Code 38-1a-102 Summons: Another word for subpoena used by the criminal justice system. Supervisory subcontractor: means a person that: (a)  is a subcontractor under contract to provide preconstruction service or construction work; and (b)  contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5