Provo City Zoning Code
14.42 Enforcement
and Penalties
14.42.010 Enforcement-Penalties.
(1) All department officials and public employees of the City of Provo vested with the duty or authority to issue permits shall conform to the provisions of this Title and shall issue no permit, certificate or license for uses, buildings, or purposes in conflict with the provisions of said Title, and any such permit, certificate, or license issued in conflict with the provisions of this Title, intentionally or otherwise, shall be null and void.
(2) It shall be the duty of the Chief Building Official of the City of Provo, the Planning Commission, Zoning Administrator, Zoning Officers and the Police Chief, and all city officers and employees subordinate thereto (hereafter referred to as “enforcement officers”), to enforce the provisions of this Title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building, or premises. Each enforcement officer may, within the scope of the officer’s duties, investigate any complaint alleging a violation of this Title and take such action as is warranted in accordance with the procedures and provisions set forth in this Chapter.
(3) In the event any provision of this Title is violated or is intended to be violated, an enforcement officer may do one (1) or more of the following:
(a) Notify (using methods reasonable under the circumstances and if notification does not hinder the effective enforcement of the provisions of this Title) the owner, tenant, lessee, occupant, architect, builder, contractor, agent, or other person who is responsible for the violation to comply with the provisions of this Title and if the same is not done in a reasonable period of time, to cause a citation to be issued for the violation; or
(b) Issue a citation for the violation of any provision of this Title to any person responsible for the violation, which may include, but is not limited to, the owner, tenant, lessee, occupant, architect, builder, contractor, agent, or other person who is responsible for the violation of any provision of this Title; or
(c) Use any other legal or lawful means allowed by law for the enforcement of any provision of this Title.
(4) Violation of any provision of this Title or failure to comply with any of its requirements shall be punishable as provided in Section 1.03.010, Provo City Code. [For example, if the performance of an act is declared in a section of the Provo City ordinances (including technical codes adopted by reference and state statutes adopted as Provo City ordinances) to be unlawful, or is described as a misdemeanor or class B misdemeanor, or is otherwise prohibited, said act is currently punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of time not exceeding six (6) months, or by any combination of said fine and imprisonment, as may be imposed by a court of competent jurisdiction.]
14.42.020 Abatement.
Any building or structure set up, erected, constructed, or altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, and any use of land, building, or premises established, shall be, and the same hereby is declared to be unlawful and a public nuisance; and Provo City may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and may apply to such court as may have jurisdiction to grant such relief as will abate and remove such building or structure, or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this Title. The remedies provided for herein shall be cumulative and not exclusive.
14.42.030 Bonding or Guarantees for Delayed Performance.
(1) In situations where total compliance with this Title may be delayed or made impossible as a result of such factors as extreme weather, inability to obtain certain materials, or other factors which are not within the control of the builder or owner of the premises, and where the Provo City Code has been sufficiently complied with, and health and safety factors have been met, the Chief Building Official and/or the Planning Commission are hereby authorized to allow temporary occupancy subject to the following conditions:
(a) That the owner, the owner’s agent and/or the building contractor responsible for the project give in writing a guarantee of performance which includes specifics as to the work to be done, the time within which it will be completed, estimated cost of completion and other reasonable data as may be required.
(2) Temporary occupancy or utilization of the premises will be allowed upon posting with the City a performance bond in the time and manner otherwise described in this Title.
(3) If the totality of compliance has not been achieved within the time period set in written document, the City shall, by this Chapter and by the written agreement, be authorized to utilize the performance bond for the purpose of completion of the project.
(4) The Chief Building Official and/or the Planning Commission are authorized to extend the period of time in the written agreement for good cause shown, not to exceed sixty (60) days beyond date thereof, which extension shall be required to be appended to the original agreement in writing and will not otherwise be recognized by the City.
(5) Where reasonably necessary, in the opinion of the Planning Commission, to assure performance, a performance bond may be required as a condition of issuance of a building permit. Such bond shall be posted in the time and manner otherwise required by the provisions of this Title.
14.42.040 Additional Fees.
An additional fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council shall be assessed any builder, developer or other person who makes unauthorized changes to an approved plan or project.