reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 604.9 - Effective dates of Sections 10-9a-604.1 and 10-9a-604.2.

Affected by 63I-2-210 on 1/1/2025
Effective 5/3/2023
10-9a-604.9.
Effective dates of Sections 10-9a-604.1 and 10-9a-604.2.
(1) Except as provided in Subsection (2), Sections 10-9a-604.1 and 10-9a-604.2 do not apply until December 31, 2024.
(2) For a specified municipality, as defined in Section 10-9a-408, Sections 10-9a-604.1 and 10-9a-604.2 do not apply until February 1, 2024.
Enacted by Chapter 501, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 605 - Exemptions from plat requirement.

Effective 5/12/2020
10-9a-605.
Exemptions from plat requirement.
(1) Notwithstanding any other provision of law, a plat is not required if:
(a) a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer lots without a plat; and
(b) the municipality provides in writing that:
(i) the municipality has provided notice as required by ordinance; and
(ii) the proposed subdivision:
(A) is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires;
(B) has been approved by the culinary water authority and the sanitary sewer authority;
(C) is located in a zoned area; and
(D) conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.
(2)
(a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 10-9a-603 if the lot or parcel:
(i) qualifies as land in agricultural use under Section 59-2-502;
(ii) meets the minimum size requirement of applicable land use ordinances; and
(iii) is not used and will not be used for any nonagricultural purpose.
(b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be graphically illustrated on a record of survey map that, after receiving the same approvals as are required for a plat under Section 10-9a-604, shall be recorded with the county recorder.
(c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the lot or parcel to comply with the requirements of Section 10-9a-603.
(3)
(a) Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1) is attached to the document.
(b) The absence of the certificate or written approval required by Subsection (1) does not:
(i) prohibit the county recorder from recording a document; or
(ii) affect the validity of a recorded document.
(c) A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 607 - Dedication by plat of public streets and other public places.

Effective 5/14/2019
10-9a-607.
Dedication by plat of public streets and other public places.
(1) A plat that is signed, dedicated, and acknowledged by each owner of record, and approved according to the procedures specified in this part, operates, when recorded, as a dedication of all public streets and other public places, and vests the fee of those parcels of land in the municipality for the public for the uses named or intended in the plat.
(2) The dedication established by this section does not impose liability upon the municipality for public streets and other public places that are dedicated in this manner but are unimproved unless:
(a) adequate financial assurance has been provided in accordance with this chapter; and
(b) the municipality has accepted the dedication.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 609 - Land use authority approval of vacation or amendment of plat -- Recording the amended plat.

Effective 5/14/2019
10-9a-609.
Land use authority approval of vacation or amendment of plat -- Recording the amended plat.
(1) The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that:
(a) there is good cause for the vacation or amendment; and
(b) no public street or municipal utility easement has been vacated or amended.
(2)
(a) The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the county recorder in which the land is located.
(b) If the amended plat is approved and recorded in accordance with this section, the recorded plat shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land.
(3)
(a) A legislative body may vacate a subdivision or a portion of a subdivision by recording in the county recorder's office an ordinance describing the subdivision or the portion being vacated.
(b) The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance.
(4) An amended plat may not be submitted to the county recorder for recording unless it is:
(a) signed by the land use authority; and
(b) signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended.
(5) A management committee may sign and dedicate an amended plat as provided in Title 57, Chapter 8, Condominium Ownership Act.
(6) A plat may be corrected as provided in Section 57-3-106.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 610 - Restrictions for solar and other energy devices.

10-9a-610.
Restrictions for solar and other energy devices.
The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 6 - Subdivisions › Section 611 - Prohibited acts.

Effective 5/12/2020
10-9a-611.
Prohibited acts.
(1)
(a)
(i) If a subdivision requires a plat, an owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this part for each lot or parcel transferred or sold.
(ii) A violation of Subsection (1)(a)(i) is an infraction.
(b) The description by metes and bounds in an instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from being a violation of Subsection (1)(a) or from the penalties or remedies provided in this chapter.
(c) Notwithstanding any other provision of this Subsection (1), the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this part:
(i) does not affect the validity of the instrument or other document; and
(ii) does not affect whether the property that is the subject of the instrument or other document complies with applicable municipal ordinances on land use and development.
(2)
(a) A municipality may bring an action against an owner to require the property to conform to the provisions of this part or an ordinance enacted under the authority of this part.
(b) An action under this Subsection (2) may include an injunction or any other appropriate action or proceeding to prevent or enjoin the violation.
(c) A municipality need only establish the violation to obtain the injunction.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 701 - Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

Effective 5/5/2021
10-9a-701.
Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.
(1)
(a) Each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.
(b) An appeal authority described in Subsection (1)(a) shall hear and decide:
(i) requests for variances from the terms of land use ordinances;
(ii) appeals from land use decisions applying land use ordinances; and
(iii) appeals from a fee charged in accordance with Section 10-9a-510.
(c) An appeal authority described in Subsection (1)(a) may not hear an appeal from the enactment of a land use regulation.
(2) As a condition precedent to judicial review, each adversely affected party shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.
(3) An appeal authority described in Subsection (1)(a):
(a) shall:
(i) act in a quasi-judicial manner; and
(ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and
(b) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.
(4) By ordinance, a municipality may:
(a) designate a separate appeal authority to hear requests for variances than the appeal authority the municipality designates to hear appeals;
(b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;
(c) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court;
(d) not require a land use applicant or adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies; and
(e) provide that specified types of land use decisions may be appealed directly to the district court.
(5) If the municipality establishes or, prior to the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:
(a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;
(b) provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;
(c) convene only if a quorum of the members of the board, body, or panel is present; and
(d) act only upon the vote of a majority of the convened members of the board, body, or panel.
Amended by Chapter 385, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 702 - Variances.

10-9a-702.
Variances.
(1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.
(2)
(a) The appeal authority may grant a variance only if:
(i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
(ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
(iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
(iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and
(v) the spirit of the land use ordinance is observed and substantial justice done.
(b)
(i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship:
(A) is located on or associated with the property for which the variance is sought; and
(B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
(c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority may find that special circumstances exist only if the special circumstances:
(i) relate to the hardship complained of; and
(ii) deprive the property of privileges granted to other properties in the same zone.
(3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(4) Variances run with the land.
(5) The appeal authority may not grant a use variance.
(6) In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
(a) mitigate any harmful affects of the variance; or
(b) serve the purpose of the standard or requirement that is waived or modified.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 703 - Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions -- Automatic appeal for certain decisions.

Effective 5/12/2020
10-9a-703.
Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions -- Automatic appeal for certain decisions.
(1) The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance.
(2)
(a) A land use applicant who has appealed a decision of the land use authority administering or interpreting the municipality's geologic hazard ordinance may request the municipality to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
(b) If a land use applicant makes a request under Subsection (2)(a), the municipality shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the applicant and municipality:
(i) one expert designated by the municipality;
(ii) one expert designated by the land use applicant; and
(iii) one expert chosen jointly by the municipality's designated expert and the land use applicant's designated expert.
(c) A member of the panel assembled by the municipality under Subsection (2)(b) may not be associated with the application that is the subject of the appeal.
(d) The land use applicant shall pay:
(i) 1/2 of the cost of the panel; and
(ii) the municipality's published appeal fee.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 704 - Time to appeal.

Effective 5/12/2020
10-9a-704.
Time to appeal.
(1) The municipality shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
(2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal authority a written decision issued by a land use authority.
(3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic preservation authority regarding a land use application, the land use applicant may appeal the decision within 30 days after the day on which the historic preservation authority issues a written decision.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 706 - Due process.

10-9a-706.
Due process.
(1) Each appeal authority shall conduct each appeal and variance request as provided in local ordinance.
(2) Each appeal authority shall respect the due process rights of each of the participants.
Enacted by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 707 - Scope of review of factual matters on appeal -- Appeal authority requirements.

Effective 5/14/2019
10-9a-707.
Scope of review of factual matters on appeal -- Appeal authority requirements.
(1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
(2) If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.
(3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
(4) The appeal authority shall:
(a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
(b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
(5)
(a) An appeal authority's land use decision is a quasi-judicial act.
(b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
(6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 708 - Final decision.

Effective 3/24/2020
10-9a-708.
Final decision.
(1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance.
(2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 10-9a-801(2)(a) or a final action under Subsection 10-9a-801(4).
Amended by Chapter 126, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 8 - District Court Review › Section 802 - Enforcement.

Effective 5/12/2020
10-9a-802.
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) 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 landscaping or infrastructure improvements for the development.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 8 - District Court Review › Section 803 - Penalties -- Notice.

10-9a-803.
Penalties -- Notice.
(1) The municipality may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.
(2) Violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter is punishable as a class C misdemeanor upon conviction either:
(a) as a class C misdemeanor; or
(b) by imposing the appropriate civil penalty adopted under the authority of this section.
(3) Prior to imposing upon an owner of record a civil penalty established by ordinance under authority of this chapter, a municipality shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the:
(i) owner of record on file in the office of the county recorder; or
(ii) person designated, in writing, by the owner of record as the owner's agent for the purpose of receiving notice of an ordinance violation;
(b) the owner of record a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed upon the expiration of a time certain.
Amended by Chapter 218, 2012 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 9 - Vested Critical Infrastructure Materials Operations › Section 901 - Definitions.

Effective 5/14/2019
10-9a-901.
Definitions.
As used in this part:
(1) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
(2) "Critical infrastructure materials operations" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.
(3) "Critical infrastructure materials operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(a) owns, controls, or manages a critical infrastructure materials operations; and
(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.
(4) "Vested critical infrastructure materials operations" means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:
(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
(b) January 1, 2019.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 9 - Vested Critical Infrastructure Materials Operations › Section 902 - Vested critical infrastructure materials operations -- Conclusive presumption.

Effective 5/14/2019
10-9a-902.
Vested critical infrastructure materials operations -- Conclusive presumption.
(1)
(a) Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operations permitted by the municipality, existed or was conducted or otherwise engaged in before January 1, 2019 and before when a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations.
(b) A person claiming that a vested critical infrastructure materials operations has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operations has been established.
(2) A vested critical infrastructure materials operations:
(a) runs with the land; and
(b) may be changed to another critical infrastructure materials operations conducted within the scope of a legal nonconforming use or the permit for the vested critical infrastructure materials operations without losing its status as a vested critical infrastructure materials operations.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 9 - Vested Critical Infrastructure Materials Operations › Section 903 - Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.

Effective 5/14/2019
10-9a-903.
Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.
Notwithstanding a political subdivision's prohibition, restriction, or other limitation on a critical infrastructure materials operations adopted after the establishment of the critical infrastructure materials operations, the rights of a critical infrastructure materials operator with vested critical infrastructure materials operations include the right to:
(1) use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and
(2) discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operations.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 9 - Vested Critical Infrastructure Materials Operations › Section 904 - Notice.

Effective 5/14/2019
10-9a-904.
Notice.
For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:
"Vested Critical Infrastructure Materials Operations
This property is located in the vicinity of an established vested critical infrastructure materials operations in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal critical infrastructure materials operations."
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 9 - Vested Critical Infrastructure Materials Operations › Section 905 - Abandonment of a vested critical infrastructure materials operations.

Effective 5/14/2019
10-9a-905.
Abandonment of a vested critical infrastructure materials operations.
(1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operations use only as provided in this section.
(2) To abandon some or all of a vested critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the recorder of the county in which the vested critical infrastructure materials operations being abandoned is located.
(3) The written declaration of abandonment under Subsection (2) shall specify the vested critical infrastructure materials operations or the portion of the vested critical infrastructure materials operations being abandoned.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 11 - Inspection and Cleaning › Section 1 - Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider.

Effective 5/4/2022
10-11-1.
Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider.
(1) As used in this chapter, "hazardous materials" means the same as that term is defined in Section 19-6-902.
(2) A municipal legislative body may:
(a) designate and regulate the abatement of:
(i) the growth and spread of injurious and noxious weeds;
(ii) garbage and refuse;
(iii) a public nuisance;
(iv) an illegal object or structure; or
(v) for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and
(b) appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter.
(3) A municipal legislative body may not:
(a) prohibit an owner or occupant of real property within the municipality's jurisdiction, including an owner or occupant who receives a notice in accordance with Section 10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or
(b) require that an owner or occupant described in Subsection (3)(a) use the services of the municipal inspector or any assistance employed by the municipal inspector described in Section 10-11-3 to provide an abatement service described in Subsection (3)(a).
(4) A municipality may require that an owner or occupant described in Subsection (3)(a) use the abatement services, as described in Section 10-11-3, of the municipal inspector, including the use of a certified decontamination specialist as described in Section 19-6-906, or any assistance employed by the municipal inspector if:
(a) the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner's or occupant's property after receiving a notice described in Section 10-11-2; and
(b) the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice.
(5) A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials.
(6) Nothing in this chapter may be construed:
(a) as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305, including commercial feed, fertilizer, pesticides, and seeds; or
(b) as limiting or abrogating the authority of a local health department under Section 19-6-905.
Amended by Chapter 432, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 15 - Pedestrian Mall Law of Utah › Section 2 - Legislative findings and purposes.

10-15-2.
Legislative findings and purposes.
The Legislature hereby finds and declares that in certain areas in municipalities within the state, and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The Legislature further finds and declares that such objectives can, in part, be accomplished by the establishment of pedestrian malls pursuant to this act.
Enacted by Chapter 2, 1966 Special Session 2
Enacted by Chapter 2, 1966 Special Session 2
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 15 - Pedestrian Mall Law of Utah › Section 3 - Definitions.

10-15-3.
Definitions.
As used in this chapter:
(1)
(a) "Intersection street" means any street which meets or crosses a pedestrian mall at a mall intersection but includes only those portions thereof on either side of the mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a public street or highway open to vehicular traffic. If any portion of a pedestrian mall terminates on a street at a place thereon other than at a place of intersection with a public street or highway open to vehicular traffic, such intersecting street shall also include that portion of any street which lies between such place of termination and the first intersection of such street with the public street or highway open to vehicular traffic.
(b) "Intersecting street" also includes any other street or portion of a street which the legislative body declares to be such by resolution.
(2) "Legislative body" means the legislative body of the municipality.
(3) "Mall intersection" means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall.
(4) "Municipality" includes every city or town within this state.
(5) "Pedestrian mall" means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel.
(6) "Street" means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 15 - Pedestrian Mall Law of Utah › Section 4 - Powers of legislative body of municipality.

10-15-4.
Powers of legislative body of municipality.
The legislative body of the municipalities of this state shall have the power:
(1) to establish pedestrian malls;
(2) to prohibit, in whole or in part, vehicular traffic on a pedestrian mall;
(3) to pay from the general funds of the municipality, or from other available money, or from the proceeds of assessments levied on land benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall;
(4) to acquire, construct, and maintain on the municipality's streets which are established as a pedestrian mall, improvements of any kind or nature necessary or convenient to the operation of such streets as a pedestrian mall, including paving, sidewalks, curbs, gutters, sewers, drainage works, lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, statuaries, fountains, decorative structures, benches, rest rooms, child care facilities, display facilities, information booths, public assembly facilities, and other structures, works or improvements necessary or convenient to serve members of the public using such pedestrian malls, including the reconstruction or relocation of existing municipally owned works, improvements, or facilities on such municipal streets; which foregoing changes or any portions thereof, are referred to in this act as "improvements";
(5) to pay from the general funds of the municipality or other available money, or from the proceeds of assessments levied on property benefited by any such improvements, or from the proceeds of special improvement warrants or bonds, the whole or any portion of the costs of acquisition, construction, and maintenance of such improvements in accordance with the provisions of Title 11, Chapter 42, Assessment Area Act, relating to special improvement assessments; and
(6) to do any and all other acts or things necessary or convenient for the accomplishment of the purposes of this chapter.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 15 - Pedestrian Mall Law of Utah › Section 5 - Powers of acquisition and improvement.

10-15-5.
Powers of acquisition and improvement.
The legislative body of the municipalities shall also have the power to acquire by gift, purchase, eminent domain, or otherwise, land, real property or rights of way which shall become part of the municipal street established as a pedestrian mall, or which shall otherwise be used by the municipality as a part of, or for purposes connected with, a pedestrian mall, and such lands, real property or rights of way may be improved in the same manner as municipal streets may be improved. The legislative body shall also have the power to make such improvements on mall intersections and intersecting streets or upon facilities acquired for parking and other related purposes where such improvements are necessary or convenient to the operation of the mall. The acquisitions and improvements authorized by this section shall be deemed "improvements."
Enacted by Chapter 2, 1966 Special Session 2
Enacted by Chapter 2, 1966 Special Session 2
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 15 - Pedestrian Mall Law of Utah › Section 6 - Public hearing -- Finance requirements.

10-15-6.
Public hearing -- Finance requirements.
The designation of any street as a "mall" shall be by ordinance passed and published after full investigation and ample public hearing into the necessity and advisability of the creation of a mall. The ordinance shall designate the manner in which the project is to be financed, and, if financed by levy of special taxes or special improvement warrants or bonds, shall be in accordance with the provisions of Title 11, Chapter 42, Assessment Area Act.
Amended by Chapter 360, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 18 - Municipal Cable Television and Public Telecommunications Services Act › Part 1 - General Provisions › Section 101 - Title -- Policy statement.

10-18-101.
Title -- Policy statement.
(1) This chapter is known as the "Municipal Cable Television and Public Telecommunications Services Act."
(2) The Legislature finds that it is the policy of this state to:
(a) ensure that cable television services and public telecommunications services are provided through fair competition consistent with the federal Telecommunications Act of 1996, Pub. L. 104-104, in order to provide the widest possible diversity of information and news sources to the general public;
(b) advance the exercise of rights under the First Amendment of the Constitution of the United States;
(c) enhance the development and widespread use of technological advances in providing cable television services and public telecommunications services;
(d) encourage improved customer service of cable television services and public telecommunications services at competitive rates;
(e) ensure that cable television services and public telecommunications services are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework; and
(f) ensure that when a municipality provides to its inhabitants cable television services, public telecommunications services, or both, and competes with private providers whose activities are regulated by the municipality, the municipality does not discriminate against the competing providers of the same services.
Enacted by Chapter 83, 2001 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 18 - Municipal Cable Television and Public Telecommunications Services Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
10-18-102.
Definitions.
As used in this chapter:
(1) "Cable television service" means:
(a) the one-way transmission to subscribers of:
(i) video programming; or
(ii) other programming service; and
(b) subscriber interaction, if any, that is required for the selection or use of:
(i) the video programming; or
(ii) other programming service.
(2) "Capital costs" means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles.
(3) "Cross subsidize" means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service.
(4) "Direct costs" means those expenses of a municipality that:
(a) are directly attributable to providing:
(i) a cable television service; or
(ii) a public telecommunications service; and
(b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality.
(5) "Feasibility consultant" means an individual or entity with expertise in the processes and economics of providing:
(a) cable television service; and
(b) public telecommunications service.
(6)
(a) "Full-cost accounting" means the accounting of all costs incurred by a municipality in providing:
(i) a cable television service; or
(ii) a public telecommunications service.
(b) The costs included in a full-cost accounting include all:
(i) capital costs;
(ii) direct costs; and
(iii) indirect costs.
(7)
(a) "Indirect costs" means any costs:
(i) identified with two or more services or other functions; and
(ii) that are not directly identified with a single service or function.
(b) "Indirect costs" may include cost factors for:
(i) administration;
(ii) accounting;
(iii) personnel;
(iv) purchasing;
(v) legal support; and
(vi) other staff or departmental support.
(8) "Private provider" means a person that:
(a) provides:
(i) cable television services; or
(ii) public telecommunications services; and
(b) is a private entity.
(9) "Public telecommunications service" means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally.
(10) "Public telecommunications service facilities" means a facility described in Subsection 10-18-105(2).
(11) "Subscribers" means a person that lawfully receives:
(a) cable television services; or
(b) public telecommunications services.
Amended by Chapter 419, 2016 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 18 - Municipal Cable Television and Public Telecommunications Services Act › Part 1 - General Provisions › Section 103 - Antitrust immunity.

10-18-103.
Antitrust immunity.
(1) When a municipality is offering or providing a cable television service or public telecommunications service, the immunity from antitrust liability afforded to political subdivisions of the state under Section 76-10-3109 does not apply to the municipality providing those services.
(2) A municipality that provides a cable television service or a public telecommunications service is subject to applicable antitrust liabilities under the federal Local Government Antitrust Act of 1984, 15 U.S.C. Secs. 34 to 36.
Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 18 - Municipal Cable Television and Public Telecommunications Services Act › Part 1 - General Provisions › Section 104 - Application to existing contracts.

Effective 5/13/2014
10-18-104.
Application to existing contracts.
(1)
(a) If before the sooner of March 1 or the effective date of the chapter, the legislative body of a municipality authorized the municipality to offer or provide cable television services or public telecommunications services, each authorized service:
(i) is exempt from Part 2, Conditions for Providing Services; and
(ii) is subject to Part 3, Operational Requirements and Limitations.
(b) The exemption described in Subsection (1)(a)(i) may not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after the sooner of March 1 or the effective date of this chapter.
(2) This chapter does not:
(a) invalidate any contract entered into by a municipality before the sooner of March 1 or the effective date of this chapter:
(i) for the design, construction, equipping, operation, or maintenance of facilities used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing:
(A) cable television services; or
(B) public telecommunications services;
(ii) with a private provider for the use of the facilities described in Subsection (2)(a)(i) in connection with the private provider offering:
(A) cable television services; or
(B) public telecommunications services;
(iii) with a subscriber for providing:
(A) a cable television service; or
(B) a public telecommunications service; or
(iv) to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing:
(A) a cable television service; or
(B) a public telecommunications service; or
(b) impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (2)(a).
(3)
(a) A municipality meeting the one or more of the following conditions is exempt from this chapter as provided in Subsection (3)(b):
(i) a municipality that adopts or enacts a bond resolution on or before January 1, 2001, to fund facilities or equipment that the municipality uses to provide:
(A) cable television services; or
(B) public telecommunications services; or
(ii) a municipality that has operated for at least three years consecutively before the sooner of March 1 or the effective date of this chapter:
(A) a cable television service; or
(B) a public telecommunications service.
(b) A municipality described in Subsection (3)(a) is exempt from this chapter except for:
(i) Subsection 10-18-303(4);
(ii) Subsection 10-18-303(7);
(iii) Subsection 10-18-303(9);
(iv) Section 10-18-304; and
(v) Section 10-18-305.
(4) For the time period beginning on the effective date of this chapter and ending on December 31, 2001, a municipality that operated a cable television service as of January 1, 2001, is exempt from Subsection 10-18-301(1)(d).
Amended by Chapter 189, 2014 General Session