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(1) Prior to the issuance of a building permit for any multiple residential project over two (2) 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. This contract shall be recorded with the Utah County Recorder’s office and shall run with the property. A copy of a recorded deed for the property in question shall also be submitted prior to the issuance of a building permit which indicates the maximum allowable occupancy as a deed restriction. Attached to the deed shall be a document that separately lists the occupancy according to Provo City Code, the previously mentioned deed restrictions, and any other use restrictions pertaining to parking and occupancy such as restrictions of use 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 the unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall be a 6" X 6" metal or plastic plate that is permanently attached to the electrical box with minimum 1/2-inch engraved letters.

(3) Upon submittal of these documents any violation to the restrictions and regulations noted therein shall be considered a misdemeanor offense and shall be subject to criminal action as provided in Section 1.03.010, Provo City Code.

(4) A certificate of occupancy shall not be issued until a parking permit program is adopted by the City, pursuant to Chapter 9.80, Provo City Code, for the area within and surrounding the Joaquin Village PRO zone.

(Enacted 2007-09)