A. Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: (1) proceeding against the financial assurance; (2) withholding building permits, certificates of occupancy, or certificates of zoning compliance; (3) obtaining an injunction to halt or abate zoning violations or breach of the agreement; (4) recording an affidavit of a lapse of plat/plan, in whole or in part; (5) commencing an action for damages – including, but not limited to, damages for costs incurred in completing, repairing, or replacing required improvements or abating any violations; and/or (6) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. In any action for injunctive relief the City need only prove a default or violation under this chapter, and such relief shall be granted without the necessity of bond.

B. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots or the site plan within the real property specified in the affidavit.

C. With respect to any default under the LURA or any other affordability controls of this chapter, in addition to the remedies specified above, the City may obtain restitution or disgorgement of any proceeds realized by any person found to be in violation. In the alternative, the City may levy liquidated damages in the amount of five thousand dollars per violation. (Ord. 18-20 (part), 2018)