10-9a-408. Biennial review of moderate income housing element of general plan.
(1) The legislative body of each city shall biennially:
(a) review the moderate income housing plan element of its general plan and its
implementation; and
(b) prepare a report setting forth the findings of the review.
(2) Each report under Subsection (1) shall include a description of:
(a) efforts made by the city to reduce, mitigate, or eliminate local regulatory barriers to
moderate income housing;
(b) actions taken by the city to encourage preservation of existing moderate income
housing and development of new moderate income housing;
(c) progress made within the city to provide moderate income housing, as measured by
permits issued for new units of moderate income housing; and
(d) efforts made by the city to coordinate moderate income housing plans and actions
with neighboring municipalities.
(3) The legislative body of each city shall send a copy of the report under Subsection (1)
to the Department of Community and Culture and the association of governments in which the
city is located.
(4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 10-9a-404(5)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Amended by Chapter 148, 2005 General Session
Renumbered and Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009