(1) Prior to issuance of a building permit for any project of two (2) or more dwelling units, a contract shall be entered into between Provo City and the developer agreeing to a determined occupancy based on a given number of parking spaces. The contract shall be recorded by the Utah County Recorder’s office and shall run with the property. A copy of the recorded deed for the property in question shall also be submitted prior to the issuance of a building permit and shall indicate the maximum allowable occupancy as a deed restriction. Attached to the deed shall be a document that separately lists the occupancy according to the Provo City Code, the previously mentioned deed restriction and any other use restrictions pertaining to parking and occupancy such as restrictions of uses as noted in condominium covenants. This document shall be signed, dated and notarized indicating that the owner acknowledges and agrees to all restrictions and regulations stated on the deed and attachments.

(2) Prior to the issuance of a Certificate of Occupancy for new multiple residential dwelling units a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of such unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall be located on a six inch by six inch (6" X 6") metal or plastic plate that is permanently attached to the electrical box with a minimum of one-half (1/2) inch engraved letters.

(3) Upon submittal of these documents any violation to the restrictions and regulations noted herein shall be considered a misdemeanor offense and shall be subject to criminal action as provided in this Title.