2011 Utah Code
Title 17B Limited Purpose Local Government Entities - Local Districts
Chapter 1 Provisions Applicable to All Local Districts
Section 119 Service provided -- Requirements -- Reasonable diligence required for determination of whether improvements or warranty work meets standards -- Money damages prohibited.

17B-1-119. Service provided -- Requirements -- Reasonable diligence required for determination of whether improvements or warranty work meets standards -- Money damages prohibited.
(1) (a) A service applicant may request that a local district provide a service, subject to Subsection (1)(b).
(b) If a service applicant requests that a local district provide a service, the local district may, before committing to provide the service, require that the service applicant:
(i) (A) provide one or more improvements; and
(B) provide that an improvement meet any reasonable and roughly proportionate conditions and reasonable standards imposed by the local district; and
(ii) convey an improvement described in Subsection (1)(b)(i)(A) to the local district.
(2) If a local district requires a service applicant to convey an improvement to the local district, the local district may require that the service applicant provide an improvement assurance for the improvement.
(3) (a) If a local district requires an improvement assurance under Subsection (2), the local district may:
(i) require that the improvement assurance include an improvement assurance warranty for a period not to exceed:
(A) one year after the day on which the improvement is in service or one year after the day on which warranty work is accepted by the local district; or
(B) subject to Subsection (3)(b), two years after the day on which the improvement is in service or two years after the day on which the warranty work is accepted by the local district;
(ii) require a partial release of the improvement assurance, if applicable; and
(iii) establish objective inspection standards that an improvement must comply with before the local district, subject to Subsection (4), is required to accept the improvement.
(b) A local district may not request a warranty described in Subsection (3)(a)(i)(B) unless the local district:
(i) determines that a lesser warranty period is inadequate to protect public health, safety, and welfare; and
(ii) has substantial evidence of:
(A) the service applicant's prior poor performance;
(B) unstable soil conditions within the subdivision or development area; or
(C) extreme fluctuations in climate conditions that would render impracticable the discovery of substandard or defective performance within the period described in Subsection (3)(a)(i)(A).
(4) (a) If a service applicant notifies the local district that an improvement requested under Subsection (3)(b)(i)(A) is complete, the local district shall, with reasonable diligence, determine whether the improvement meets the standards described in Subsection (3)(a)(iii).
(b) (i) A service applicant may request in writing that the local district accept or reject:
(A) subject to Subsection (4)(b)(ii), the installed improvement; or
(B) subject to Subsection (4)(b)(iii), performance of the warranty work.
(ii) The local district shall accept or reject an improvement:
(A) no later than 15 days after the day on which the service applicant submits a written request under Subsection (4)(b)(i); or
(B) within a reasonable period of time if an inspection of the installation is impeded by

weather conditions.
(iii) The local district shall accept or reject performance of the warranty work:
(A) no later than 45 days after the day on which the service applicant submits a written request under Subsection (4)(b)(i); or
(B) within a reasonable period of time if an inspection of the warranty work is impeded by weather conditions.
(c) If a local district rejects an improvement under Subsection (4)(b)(ii) or the warranty work under Subsection (4)(b)(iii), the local district shall provide the service applicant a written statement specifying why the local district rejected the improvement or warranty work.
(5) (a) This section does not relieve a service applicant of any requirement or duty to comply with all applicable substantive rules or regulations.
(b) A local district's action or inaction under this section does not relieve a service applicant of any requirement or duty to comply with all applicable substantive rules or regulations.
(6) A person may not receive money damages for a claim arising under this section.