A. Application And Plans: A building permit shall be submitted to the city on written application accompanied by plans and specifications in duplicate, which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.
B. Variations Of Plan Prohibited: No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building inspector.
C. Approval Of Plan: The application and plans shall be reviewed by the building inspector to determine whether the proposed construction or alteration conforms to the building codes and ordinances of the city. The building inspector shall make the plan available for return within ten (10) days with the statement “approved” if the plans do conform or “disapproved” if the plans do not conform. If the plans are disapproved, the reasons therefor shall be attached to the plans. Upon approval of the plans and receipt of the applicable fee therefor the city shall issue a permit to the applicant, together with one set of the approved plan. One set of the plans shall be retained by the building inspector. The building inspector may revoke at any time a permit which has been issued for any building constructed or being constructed or which would be or would result, if construction continued, in violation of any ordinance of the city.
D. In addition to any other requirement in this Chapter, issuance of a building permit for any structure or improvement in any area characterized by the presence of subsurface water, groundwater, unstable soils or other identifiable geological hazard shall be subject to the following:
1. Any person or entity desiring to obtain a building permit in any area characterized by the presence of subsurface water, groundwater, unstable soils or other identifiable geological hazard, shall, as a condition of obtaining a building permit for any structure or improvement in these areas:
a. obtain a geotechnical report from a qualified engineer, stating that such structure or improvement can be safely constructed and inhabited, or used for its intended purpose,
b. be responsible for strictly following all recommendations contained in said geotechnical report, and
c. be required to sign an acknowledgment, waiver, and release in substantially the following form:
When Recorded Return to:
LaVerkin City
435 North Main Street
LaVerkin, Utah 84745
Parcel ID#: LV-___________
Acknowledgment, Waiver, and Release
In consideration of the agreement by LaVerkin City to issue the undersigned property owner a building permit for the construction of a structure or other improvement upon the real property described below, the undersigned acknowledges, covenants and agrees as follows:
1. I am aware that subsurface water, high groundwater, unstable soil conditions, or other geological hazards have been found to exist in areas of LaVerkin City, which may include the property described below.
2. I acknowledge that I have obtained from a competent engineer a geotechnical report which analyzes subsurface water, groundwater, soil conditions and seismic conditions on my property described below.
3. I acknowledge that it is my responsibility to cause the construction of my structure or improvement to be completed in strict compliance with the recommendations of any such geotechnical report, I agree to strictly comply with the recommendations of such geotechnical report, and I understand and agree that the inspections performed by LaVerkin City will not include inspection for compliance with such geotechnical report.
4. In view of the foregoing, I agree on behalf of myself, my heirs, successors, and assigns to waive any and all claims as against LaVerkin City, and, further, do hereby release LaVerkin City from any and all liability for damages to, diminution in value of, and payment of all costs and expenses for maintenance, repair or replacement of any home, structure or improvement which is in any way attributable or related to subsurface water, groundwater, unstable soil conditions and/or any other geological hazards upon or under the property described below, or by reason of my own or my agent’s or contractor’s violation of any applicable laws, ordinances, or City standards.
The covenants and agreements contained herein shall run with the land and shall be binding upon the heirs, successors, and assigns of the undersigned.
THE REAL PROPERTY AFFECTED BY THIS AGREEMENT IS DESCRIBED AS:
(Insert Legal Description)
Address: ______________________________________________
Subdivision: __________________ Phase: _______ Lot: ________
Dated this ______ day of _____________, 20____.
Property Owner Signature
____________________________
____________________________
STATE OF UTAH
COUNTY OF WASHINGTON
On the ___ day of _____, 20___, personally appeared before me _______, the signer(s) of the foregoing instrument, who did say that he/she/they is/are the owner(s) of the above-described property and that he/she/they has/have signed the foregoing instrument for the reasons stated therein.
_____________________________
Notary Public
My commission expires: _________
2. Property owners applying for a building permit to: (1) construct an accessory building on a developed lot or (2) remodel an existing building shall not be required to obtain a geotechnical report or enter into the above agreement, except as may be required by the City Building Official on a case-by-case basis.
3. The issuance of a building permit by the City is not, and should not in any way be interpreted or construed as, a guarantee, representation, warranty, or assurance of any kind: (1) as to the lack of geological hazards on the property; (2) as to the reliability or soundness of any geotechnical report obtained by the owner; or (3) that any structure or other improvement constructed on the property in accordance with any such geotechnical report will be free from damages, diminution in value, and/or increased costs and expenses for maintenance, repair and replacement because of subsurface water, groundwater, unstable soils or other geological hazards.
4. The City shall not be responsible or liable for mitigation of any damage to, diminution in value of, and payment of any costs and expenses for maintenance, repair or replacement of any structure or other improvement constructed or maintained on property resulting from the presence of subsurface water, groundwater, unstable soil, or any other geological hazard. (Ord. 2019-07, 8-7-2019; amd. Ord. 2024-05, 2-21-2024; Ord. 2024-06, 2-21-2024)