§ 4-33-101 Title
§ 4-33-102 Purpose of chapter
§ 4-33-103 Definition
§ 4-33-104 Administrative and enforcement powers of department
§ 4-33-105 Prohibitions
§ 4-33-106 Octane rating determination and posting
§ 4-33-107 Inspection, sampling, testing, and analysis of fuels by department
§ 4-33-108 Locking and sealing of pumps in violation of chapter — Posting notice — Removal of sealed fuel — Resealing
§ 4-33-109 Warrant to enter premises for inspection or sampling
§ 4-33-110 Interstate commerce — Chapter inapplicable to fuel in transit through state

Terms Used In Utah Code > Title 4 > Chapter 33

  • Account: means the Criminal Forfeiture Restricted Account created in Section 24-4-116. See Utah Code 17-21a-402
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
  • Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 17-21a-402
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 17-27a-901
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected entity: means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owners association, public utility, or the Utah Department of Transportation, if:
    (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
    (b) the entity has filed with the county a copy of the entity's general or long-range plan; or
    (c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103
  • 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.
  • Agency: means any agency of municipal, county, or state government, including law enforcement agencies, law enforcement personnel, and multijurisdictional task forces. See Utah Code 17-21a-402
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 17-27a-103
  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter school: means :
    (i) an operating charter school;
    (ii) a charter school applicant that has its application approved by a charter school authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
    (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 17-27a-103
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claimant: means any:
    (a) owner of property as defined in this section;
    (b) interest holder as defined in this section; or
    (c) person or entity who asserts a claim to any property seized for forfeiture under this title. See Utah Code 17-21a-402
  • Commission: means the Utah Commission on Criminal and Juvenile Justice. See Utah Code 17-21a-402
  • Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Complaint: means a civil in rem complaint seeking the forfeiture of any real or personal property under this title. See Utah Code 17-21a-402
  • Computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, and storage functions, and includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 17-21a-402
  • Conditional use: means a land use that, because of its unique characteristics or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 17-27a-103
  • Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
    (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
    (b) Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103
  • Constructive seizure: means a seizure of property where the property is left in the control of the owner and the seizing agency posts the property with a notice of intent to seek forfeiture. See Utah Code 17-21a-402
  • Contraband: means any property, item, or substance that is unlawful to produce or to possess under state or federal law. See Utah Code 17-21a-402
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Utah Health Advisory Council. See Utah Code 17-27a-509
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • Credit union: means a cooperative, nonprofit association incorporated under:
    (a) Chapter 9, Utah Credit Union Act; or
    (b) 12 U. See Utah Code 7-1-103
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103
  • Custodial funeral service director: means a funeral service director who:
    (a) is employed by a licensed funeral establishment; and
    (b) has custody of a dead body. See Utah Code 17-27a-901
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
    (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
    (b) that was not born alive. See Utah Code 17-27a-901
  • decedent: means a human body or parts of the human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 17-27a-901
  • Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 17-27a-901
  • 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.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-7-110
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Department of Health created in Section 26-1-4. See Utah Code 17-27a-509
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Depository institution holding company: means :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
  • Development activity: means :
    (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
    (b) any change in use of a building or structure that creates additional demand and need for public facilities; or
    (c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103
  • Devise: To gift property by will.
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 17-27a-103
  • 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:
  • Dispositioner: means :
    (a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
    (b) the next of kin of the decedent, if:
    (A) a person has not been designated as described in Subsection (6)(a); or
    (B) the person described in Subsection (6)(a) is unable or unwilling to exercise the right and duty described in Subsection (6)(a); and
    (ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 17-27a-901
  • Division: means the Division of Wildlife Resources. See Utah Code 16-16-505
  • Document: means information that is:
    (a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
    (b) eligible to be recorded in the land records maintained by the county recorder. See Utah Code 17-21a-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
  • Electronic document: means a document that is received by the county recorder in an electronic form. See Utah Code 17-21a-102
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Utah Code 17-21a-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; 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 executive branch of government. See Utah Code 17-50-101
  • Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 17-27a-509
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • File: means the submission of a completed certificate or other similar document, record, or report as provided under this chapter for registration by the state registrar or a local registrar. See Utah Code 17-27a-901
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103
  • 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.
  • Flood plain: means land that:
    (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
    (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 17-27a-103
  • Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103
  • Fraud: Intentional deception resulting in injury to another.
  • Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 17-27a-901
  • General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
    (a) the unincorporated land within the county; or
    (b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103
  • General predator control: means a predatory animal removal effort by the division to reduce predatory animal numbers for the benefit of mule deer. See Utah Code 17-21a-203
  • Geologic hazard: means :
    (a) a surface fault rupture;
    (b) shallow groundwater;
    (c) liquefaction;
    (d) a landslide;
    (e) a debris flow;
    (f) unstable soil;
    (g) a rock fall; or
    (h) any other geologic condition that presents a risk:
    (i) to life;
    (ii) of substantial loss of real property; or
    (iii) of substantial damage to real property. See Utah Code 17-27a-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Health care professional: means a physician, physician assistant, or nurse practitioner. See Utah Code 17-27a-901
  • Highway: includes :Utah Code 48-2e-1156
  • Home state: means :
    (a) for a state chartered depository institution, the state that charters the institution;
    (b) for a federally chartered depository institution, the state where the institution's main office is located; and
    (c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103
  • Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility system. See Utah Code 17-27a-103
  • Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. 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
  • Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
    (a) complies with the county's written standards for design, materials, and workmanship; and
    (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103
  • Improvement warranty period: means a period:
    (a) no later than one year after a county's acceptance of required landscaping; or
    (b) no later than one year after a county's acceptance of required infrastructure, unless the county:
    (i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
    (ii) has substantial evidence, on record:
    (A) of prior poor performance by the applicant; or
    (B) that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103
  • 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.
  • Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
  • Infrastructure improvement: means permanent infrastructure that an applicant must install:
    (a) pursuant to published installation and inspection specifications for public improvements; and
    (b) as a condition of:
    (i) recording a subdivision plat; or
    (ii) development of 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.
  • Innocent owner: means a claimant who:
    (a) held an ownership interest in property at the time the conduct subjecting the property to forfeiture occurred, and:
    (i) did not have actual knowledge of the conduct subjecting the property to forfeiture; or
    (ii) upon learning of the conduct subjecting the property to forfeiture, took reasonable steps to prohibit the illegal use of the property; or
    (b) acquired an ownership interest in the property and had no knowledge that the illegal conduct subjecting the property to forfeiture had occurred or that the property had been seized for forfeiture, and:
    (i) acquired the property in a bona fide transaction for value;
    (ii) was a person, including a minor child, who acquired an interest in the property through probate or inheritance; or
    (iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 17-21a-402
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103
  • 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
  • Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
    (a) runs with the land; and
    (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
    (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 17-27a-103
  • Intestate: Dying without leaving a will.
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Known address: means any address provided by a claimant to the agency at the time the property was seized, or the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 17-21a-402
  • Land: includes :Utah Code 48-2e-1156
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
  • Land use permit: means a permit issued by a land use authority. See Utah Code 17-27a-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 17-21a-402
  • 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
  • Legislative body: means :
    (i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or
    (ii) the agency's governing political subdivision; or
    (b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 17-21a-402
  • Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed funeral establishment: means :
    (a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
    (b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 17-27a-901
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 17-27a-901
  • Local district: means any entity under Title 17B, Limited Purpose Local Government Entities - Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 17-27a-103
  • Local registrar: means a person appointed under Subsection 26-2-3(3)(b). See Utah Code 17-27a-901
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 7-1-324
  • Mountainous planning district: means an area:
    (a) designated by a county legislative body in accordance with Section 17-27a-901; and
    (b) that is not otherwise exempt under Section 10-9a-304. See Utah Code 17-27a-103
  • Nominal fee: means a fee that reasonably reimburses a county only for time spent and expenses incurred in:
    (a) verifying that building plans are identical plans; and
    (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 17-27a-103
  • Noncomplying structure: means a structure that:
    (a) legally existed before its current land use designation; and
    (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. See Utah Code 17-27a-103
  • Nonconforming use: means a use of land that:
    (a) legally existed before its current land use designation;
    (b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
    (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Vital Records and Statistics within the Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act. See Utah Code 17-27a-901
  • Official map: means a map drawn by county authorities and recorded in the county recorder's office that:
    (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
    (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
    (c) has been adopted as an element of the county's general plan. See Utah Code 17-27a-103
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in real or personal property. See Utah Code 17-21a-402
  • Parcel boundary adjustment: means a recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
    (a) no additional parcel is created; and
    (b) each property identified in the agreement is unsubdivided land, including a remainder of subdivided land. See Utah Code 17-27a-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-7-110
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the foregoing. See Utah Code 16-16-505
  • Person: means :Utah Code 48-2e-1156
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 17-21a-102
  • Personal property: includes :Utah Code 48-2e-1156
  • Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 17-27a-901
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan for moderate income housing: means a written document adopted by a county legislative body that includes:
    (a) an estimate of the existing supply of moderate income housing located within the county;
    (b) an estimate of the need for moderate income housing in the county for the next five years as revised biennially;
    (c) a survey of total residential land use;
    (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
    (e) a description of the county's program to encourage an adequate supply of moderate income housing. See Utah Code 17-27a-103
  • Planning advisory area: means a contiguous, geographically defined portion of the unincorporated area of a county established under this part with planning and zoning functions as exercised through the planning advisory area planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority. See Utah Code 17-27a-103
  • Plat: means a map or other graphical representation of lands being laid out and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13. See Utah Code 17-27a-103
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Potential geologic hazard area: means an area that:
    (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
    (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 17-27a-103
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predatory animal: means a coyote. See Utah Code 17-21a-203
  • Presumed father: means the father of a child conceived or born during a marriage as defined in Section 30-1-17. See Utah Code 17-27a-901
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 17-21a-402
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Program: means the State Asset Forfeiture Grant Program established in Section 24-4-117. See Utah Code 17-21a-402
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Property: means all property, whether real or personal, tangible or intangible, but does not include contraband. See Utah Code 17-21a-402
  • Prosecuting attorney: means :
    (a) the attorney general and any assistant attorney general;
    (b) any district attorney or deputy district attorney;
    (c) any county attorney or assistant county attorney; and
    (d) any other attorney authorized to commence an action on behalf of the state under this title. See Utah Code 17-21a-402
  • Public agency: means :
    (a) the federal government;
    (b) the state;
    (c) a county, municipality, school district, local district, special service district, or other political subdivision of the state; or
    (d) a charter school. See Utah Code 17-27a-103
  • Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or contract with such an agency, that is responsible for public health matters as part of its official mandate. See Utah Code 17-27a-509
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
  • Public interest use: means a:
    (a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
    (b) donation of the property to a nonprofit charity registered with the state. See Utah Code 17-21a-402
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • Real property: means land and includes any building, fixture, improvement, appurtenance, structure, or other development that is affixed permanently to land. See Utah Code 17-21a-402
  • Receiving zone: means an unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 17-27a-103
  • register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 17-27a-901
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residential facility for persons with a disability: means a residence:
    (a) in which more than one person with a disability resides; and
    (i) which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or
    (ii) which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 17-27a-103
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Road: includes :Utah Code 48-2e-1156
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 17-27a-103
  • Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103
  • Savings and loan association: means :
    (a) a federal savings and loan association; and
    (b) an out-of-state savings and loan association. See Utah Code 7-1-103
  • Sending zone: means an unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 17-27a-103
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103
  • Specified public agency: means :
    (a) the state;
    (b) a school district; or
    (c) a charter school. See Utah Code 17-27a-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 17-21a-102
  • State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
  • State registrar: means the state registrar of vital records appointed under Subsection 26-2-3(2)(e). See Utah Code 17-27a-901
  • Statute: A law passed by a legislature.
  • Street: means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way. See Utah Code 17-27a-103
  • 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; and
    (ii) except as provided in Subsection (62)(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 17-27a-103
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Targeted predator control: means a predatory animal removal effort by the division:
    (a) to reduce predatory animal numbers in an area where mule deer predation occurs; and
    (b) that focuses on specific locations and certain times. See Utah Code 17-21a-203
  • Technology service provider: means a person that provides a data processing service or activity that supports the financial services or Internet related services of a depository institution subject to the jurisdiction of the department, including supporting:
    (a) lending;
    (b) money transfers;
    (c) fiduciary activities;
    (d) trading activities;
    (e) deposit taking;
    (f) web services and electronic bill payments;
    (g) mobile applications;
    (h) system and software development and maintenance; and
    (i) security monitoring. See Utah Code 7-1-103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 17-27a-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vital records: means :
    (a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
    (b) amendments to any of the registered certificates or reports described in Subsection (21)(a);
    (c) an adoption document; and
    (d) other similar documents. See Utah Code 17-27a-901
  • Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 17-27a-901
  • Water interest: means any right to the beneficial use of water, including:
    (a) each of the rights listed in Section 73-1-11; and
    (b) an ownership interest in the right to the beneficial use of water represented by:
    (i) a contract; or
    (ii) a share in a water company, as defined in Section 73-3-3. See Utah Code 17-27a-103
  • Wildlife: means :
    (a) crustaceans, including brine shrimp and crayfish;
    (b) mollusks; and
    (c) vertebrate animals living in nature, except feral animals. See Utah Code 16-16-505
  • Writing: includes :Utah Code 48-2e-1156
  • Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 17-27a-103
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