Section 10-9a-802 - [Effective 11/1/2024] Enforcement(1)(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) Except as provided in Subsections (3) and (4), 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 a public landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure improvement for the development.(3) A municipality may not deny an applicant a building permit or certificate of occupancy based on the lack of completion of a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-9a-604.5.(4) A municipality may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk.(5) A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.(6) A municipality may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted. (7) A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for: (a) another infrastructure improvement; or(b) a public landscaping improvement, as defined in Section 10-9a-604.5.(8) A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.Amended by Chapter 415, 2024 General Session ,§ 9, eff. 11/1/2024.Amended by Chapter 434, 2020 General Session ,§ 17, eff. 5/12/2020.Amended by Chapter 384, 2019 General Session ,§ 24, eff. 5/14/2019.Amended by Chapter 339, 2018 General Session ,§ 6, eff. 5/8/2018.Amended by Chapter 303, 2016 General Session ,§ 3, eff. 5/10/2016.Amended by Chapter 327, 2015 General Session ,§ 6, eff. 5/12/2015.Renumbered and Amended by Chapter 254, 2005 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.