§ 10-20-1001 — Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate.

(1) (1)(a) A municipality or an adversely affected party may, in addition to other remedies provided by law, institute:
(1)(a)(i) injunctions, mandamus, abatement, or any other appropriate actions; or
(1)(a)(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(1)(b) A municipality need only establish the violation to obtain the injunction.
(2) (2)(a) Except as provided in Subsections (3) though (6), a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy.
(2)(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.
(2)(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.
(2)(d) A municipality may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the municipality's adopted standards.
(2)(e) A municipality may require temporary signs to be installed at each street intersection once construction of a new roadway allows passage by a motor vehicle.
(2)(f) A municipality may adopt and enforce any appendix of the International Fire Code, 2021 Edition.
(3) (3)(a) A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:
(3)(a)(i) unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act; and
(3)(a)(ii) for which the municipality has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 10-20-807, or an infrastructure improvement for the development.
(3)(b) For purposes of Subsection (3)(a)(i), notwithstanding Section 15A-5-205.6, infrastructure improvement that is essential means:
(3)(b)(i) for a building permit:
(3)(b)(i)(A) operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and
(3)(b)(i)(B) for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards;
(3)(b)(ii) for a certificate of occupancy, at the discretion of the municipality, at least one of the following:
(3)(b)(ii)(A) a permanent road;
(3)(b)(ii)(B) a temporary road covered with asphalt or concrete; or
(3)(b)(ii)(C) another method for accessing a structure consistent with Appendix D of the International Fire Code; and
(3)(b)(iii) public infrastructure necessary for the health, life, and safety of the occupant.
(3)(c) A municipality may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit.
(4) A municipality may not deny an applicant a building permit or certificate of occupancy for failure to:
(4)(a) submit a private landscaping plan, as defined in Section 10-20-807; or
(4)(b) complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-20-807.
(5) 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.
(6) 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 10-20-807, 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.
(7) 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.
(8) A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for:
(8)(a) another infrastructure improvement; or
(8)(b) a public landscaping improvement, as defined in Section 10-20-807.
(9) 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.

Legislative History

Renumbered and Amended by Chapter 15, 2025 Special Session 1