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American Fork City Zoning Code

CHAPTER 17

13 ADMINISTRATION, ENFORCEMENT, VIOLATION-REMEDIES FOR VIOLATION-PENALTY

17.13.400 PENALTY

In addition to being subject to injunctive or abatement actions under this code, violation of this code or any regulation, order or permit adopted or issued under this code shall, upon conviction, be punishable either:

  1. By imposition of a civil penalty not to exceed one thousand dollars per violation per day, to be collected in a civil action (UCA 10-9-1003(2)(b)); or
  2. As a class C misdemeanor, as defined and established by state law. (See UCA 76-3-101 et seq.)

(Ord. No. 93-12-39)

2022-06-25

Sec 17.13.101 Application For Building Permit Required

Any person, partnership, firm or corporation desiring to construct, remodel or move a building or structure or to excavate for footing, foundation, or basement within the territory shown on the official zone maps to the extent of one hundred dollars or more in replaceable value shall make application therefor to the zoning administrator before commencing construction thereon.

Sec 17.13.102 Plans Required

All applications for building permits shall be accompanied by plans which have been drawn to scale showing actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected, and the location and layout of proposed off-street parking areas. Planting plans shall be required in connection with four family and other multiple dwellings and commercial and industrial buildings where yards or open spaces are required. A careful record of such application and plans shall be kept in the office of the zoning administrator for a period of at least five years from the date of the receipt thereof.

Sec 17.13.103 Buildings To Be On Zoning Lot

No building permit authorizing the use of land or the construction or alteration or moving of a building or structure on a lot shall be issued unless the parcel upon which the use is to be conducted and/or the building constructed, altered or moved shall qualify as a zoning lot as defined in this code.

Sec 17.13.104 Building Permit To Comply With Code

From the time of the effective date of this code, permits shall not be granted for the construction or alteration of any building or structure, if such construction, alteration, moving, or change in use would be a violation of any of the provisions of this code, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be a violation of this code.

Sec 17.13.105 License To Comply With Code

No license shall be issued by any official or employee vested with the duty and authority to issue licenses which would not be in conformance with the provisions of this code. Any license so issued shall be null and void.

Sec 17.13.106 Construction And Use To Comply With Application

Permits for excavations, buildings, and certificates of zoning compliance issued on the basis of plans and specifications approved by the zoning administrator authorizes only the use, arrangement, and construction set forth in such approved plans and application. Any use, arrangement, or construction at variance with that authorized shall be deemed to be a violation of this code.

Sec 17.13.107 Permits Granted Prior To Passage Of This Code Or Amendments Thereto

Authorization granted by the city to construct a building or structure, or to change use of land, shall not be denied or abridged in the event that construction has taken place thereon to the extent of one thousand dollars or more in replaceable value by the date on which this code or an amendment thereto shall become effective; provided however, that such authorization to construct a building or structure shall be denied if construction would not have complied with all applicable laws and ordinances existing prior to the date of this code or amendment. Replaceable value shall be construed to mean the expenditure necessary to duplicate the material and labor at market and labor prices.

Sec 17.13.108 Certificate Of Zoning Compliance Required

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premise, or to change the occupancy of any building or premise until a certificate of zoning compliance shall have been issued therefor by the zoning administrator or building inspector stating that the proposed use of the building or land conforms to the requirements of this code. No nonconforming structure or use shall be changed or extended until a certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the provisions of this code. The zoning administrator may permit the occupancy of a building prior to the completion of all required work provided a bond or other assurance has been posted with the city recorder in an amount equal to the cost of completing said required work as determined by the city council. The zoning administrator or building inspector shall maintain a record of all certificates of zoning compliance for a period of five years and a copy shall be furnished upon request to any applicant. Failure to obtain a certificate of zoning compliance shall constitute a violation of this code

Sec 17.13.201 Violation Defined

It shall be unlawful for any person to violate any of the provisions of this title. Any person, firm, or corporation or any agent thereof who shall fail to comply with any of the provisions of this code or who knowingly makes false statements, representations or certifications in any application or document filed or required to be maintained under this code shall be guilty of a violation of this code.

Sec 17.13.202 Reserved

This was previously titled "Procedure for Violation" prior to being repealed.

HISTORY
Repealed by Ord. 2022-06-25 on 6/14/2022

Sec 17.13.203 Responsibility For Violation

It shall be the responsibility of the owner and any and all builders, contractors, sub-contractors, real estate agents, and any other persons having to do with the establishment of any use of land or the erection, altering or relocation of any building to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed guilty of a violation of this code.

Sec 17.13.301 Withholding Building Permits

In addition to all other remedies, the city may enforce the provisions of this code by withholding building, grading, excavation or similar permits, and may also refuse to issue such a permit for a building or development upon a parcel which has not been subdivided in accordance with the provisions of this code.

(Ord. No. 93-12-39)

Sec 17.13.302 Injunction, Mandamus, Abatement

The city council, zoning administrator or any owner of real estate within the city in which a violation of this title occurs or is about to occur may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful building use or act. (UCA 10-9-1002(1)(a)). The city need only to establish the violation to obtain the injunction (UCA 10-9-1002(1)(b)).

(Ord. No. 93-12-39)

Sec 17.13.303 Injured Person May Recover Damages

Any person purchasing a lot or parcel of land who may be injured as the consequence of a denial of a building permit, which purchase was made pursuant to inaccurate, incorrect, untrue or fraudulent information on the part of the seller or his agent, may recover damages from the seller or his agent by civil action. However, the city shall not be civilly liable for any damages that may occur as a consequence of the denial of a building permit based upon such information.