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(1) Prior to the issuance of a building permit for any multiple residential project over two (2) dwelling units, Provo City and the developer shall enter into a contract agreeing to a determined occupancy based on a given number of parking spaces.

(a) Such contract shall be recorded with the Utah County Recorder and shall run with the property.

(b) 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.

(i) 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 documents.

(ii) 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 dwellings units a permanent notice shall be placed on the electrical box within each unit indicating the maximum allowable occupancy of each unit based on the approved occupancy consistent with the recorded parking and occupancy contract. This notice shall set forth on a six inch by six inch (6"X6") metal or plastic plate that is permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.

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

(Enacted 2005-25)