Ordinance 55 of 1995

SALT LAKE CITY ORDINANCE

No. 55 of 1995

(Repealing portions of Chapters 5.14, 5.56, 18.48 and 21A.26-9.5, and enacting Chapter 2.21 and Chapter 18.50 as the “Salt Lake City Existing Residential Housing Code”)

AN ORDINANCE REPEALING PORTIONS OF CHAPTERS 5.14, 5.56, 18.48 AND 21A.26-9.5, AND ENACTING CHAPTER 2.21 AND CHAPTER 18.50 AS THE “SALT LAKE CITY EXISTING RESIDENTIAL HOUSING CODE.”

WHEREAS, the City finds that housing for City residents should meet certain health and safety standards; and

WHEREAS, the City finds that dilapidated buildings adversely affect the tax base of the City and the property values of surrounding properties; and

WHEREAS, the existing stock of residential housing in the City is a valuable resource which should be preserved; and

WHEREAS, the City finds that there are approximately 73,000 residential dwellings in Salt Lake City of which approximately 38,000 are rentals and approximately 35,000 are owner-occupied; and

WHEREAS, the City conducted a survey between 1990 and 1992, and found approximately 16.8% of housing to be in some way “substandard”; and

WHEREAS, these housing deficiencies differ in severity and in the time required for their correction; and

WHEREAS, in light of these differences in severity and the difficulties inherent in working with older homes, the City believes it appropriate that owners have certain flexibility in order to make repairs on older residential buildings; and

WHEREAS, the City determines that certain of the standards of the Uniform Building Code and the Uniform Housing Code are too strict and stringent to allow the proper renovation and use of existing buildings; and

WHEREAS, to formulate a code more appropriate for the use and renovation of existing residential buildings in Salt Lake City, the City has conducted an extensive drafting and public comment process including seeking comment from numerous affected rental property owners and holding a public hearing on March 3, 1994, an open house for informal comments and discussion on April

13, 1995, a public hearing on May 16, 1995, and a final hearing before the City Council on July 11, 1995; and

WHEREAS, the City finds that the proposed “Salt Lake City Existing Residential Housing Code,” Chapter 18.50, is in the best interests of the City,

NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. That Sections 18.48.040 and 18.48.050, creating the Housing Advisory and Appeals Board, be and the same hereby are, repealed. The section numbers shall be retained and shown as “deleted.”

SECTION 2. That Chapter 2.21 recreating the Housing Advisory and Appeals Board be, and the same hereby is, enacted to read as follows:

CHAPTER 2.21

2.21.010 Creation and Membership.

A. The City hereby creates a Housing Advisory and Appeals Board (“HAAB”)

B. HAAB shall be comprised of ten members, appointed by the Mayor, with the advice and consent of the City Council from among the qualified electors of the City in a manner providing balanced geographical, professional, neighborhood and community representation.

C. HAAB shall annually elect a Chair and a Vice-Chair who shall serve for a term of one year each. The Chair or Vice-Chair may not be elected to serve consecutive terms in the same office. The Secretary of HAAB shall be designated by the Building Official.

D. HAAB members may serve a maximum of two consecutive full terms of four years each. Subject to the processes of 2.2l.OlO.B, the Mayor shall appoint a new HAAB member to fill any vacancy that might arise. If such appointment is for less than two years, the partial term shall not be included in the determination of any person’s eligibility to serve two consecutive full terms.

2.21.020 Powers and Authority.

HAAB shall have the power and authority to:

A. Interpret the provisions of Chapter 18.50;

B. Hear and decide appeals as specified in Chapter 18.50;

C. Modify the impact of specific provisions of Chapter 18.50, where strict compliance with the provisions is economically or structurally impracticable and any approved alternative substantially accomplishes the purpose and intent of the requirement deviated from;

D. Conduct housing impact and landscape hearings pursuant to Chapter 18.64;

E. Recommend new procedures to the building official and new ordinances regarding housing to the City Council; and

F. Conduct abatement hearings pursuant to Chapter 18.48.

2.21.030 Policies and Procedures.

HAAB shall adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for its proper functioning.

2.21.040 HAAB Panels.

Unless otherwise determined appropriate by the Chair, HAAB may exercise any of its responsibilities under Chapter 18.50 in panels of five voting members appointed by the Chair.

2.21.050 Record of Proceedings.

The proceedings of each meeting of HAAB and any panel of HAAB and all public hearings shall be recorded on audio equipment. Records of confidential executive sessions shall be kept in compliance with the Government Records Access and Management Act. The audio recording of each meeting shall be kept for a minimum of 60 days. Upon the written request of any interested person, such audio recording shall be kept for a reasonable period of time beyond the 60-day period, as determined by HAAB. Copies of the tapes of such proceedings may be provided, if requested, at the expense of the requesting party. HAAB shall keep written minutes of its proceedings and records of all its examinations and official actions.

2.21.060 Quorum and Vote.

A. No business of the full HAAB shall be conducted at a meeting without at least a quorum of six voting members. No action of a HAAB panel shall be taken without the presence of four of the five members of the panel.

B. All actions of the full HAAB shall be represented by a vote of the membership. A simple majority of the voting members present at a full HAAB meeting at which a quorum is present, or at least three members of a HAAB panel, shall be required for any action taken.

C. Any decision by a HAAB panel shall be effective immediately.

D. A decision of the full HAAB shall become effective upon approval of the minutes. By a two-thirds vote of the members present, HAAB may make any decision effective immediately upon adoption.

2.21.070 Conflicts of Interest.

No member of HAAB shall participate in or be present at the hearing or disposition of any matter in which that member has any conflict of interest prohibited by Chapter 2.44 of the Salt Lake City Code. HAAB may, by majority vote of the members present, allow a member who would otherwise be required to leave due to a conflict, to be present if required by special or unusual circumstances.

2.21.080 Removal of a Member.

Any member of HAAB may be removed by the Mayor for violation of Title 18 or any Policies and Procedures adopted by HAAB following receipt by the Mayor of a written complaint filed against the member. If requested by the member, the Mayor shall provide the member with a public hearing conducted by a hearing officer appointed by the Mayor.

SECTION 3. That the following sections be and the same hereby are, repealed or amended as follows:

5.14.080. Investigation - By building and housing services. The original application for an apartment house regulatory business license shall be referred to the building and housing services division for investigation as to whether or not the requirements of the Existing Residential Housing Code, Uniform Building Code and Uniform Code for Abatement of Dangerous Buildings, as adopted and amended in Title 18 of this code, are being complied with. The building and housing services division shall report to the license office within seven days as to the fitness of the applicant regarding compliance with said ordinances and regulations. It shall further be the duty of such office, as the license has been granted, to continually, and at least once annually, examine and inspect the licensed premises with regard to building code and zoning code compliances and approve renewals of such regulatory licenses. Should it subsequently appear that any ordinance, regulation or requirement of the city is being violated, the fact shall at once be reported to the license office, at which time the license office will inform the mayor and take action in regards to the revocation of said license as the mayor deems just and proper.

5.56.075 Investigation-By building official.

The original application for a roominghouse, boardinghouse or residential treatment facility license shall be referred to the building official for investigation as to whether or not all laws, ordinances and regulations of the city, including but not limited to those pertaining to the Existing Residential Housing Code, Uniform Building Code and Uniform Code for the Abatement of Dangerous Buildings, as adopted and amended in Title 18 of this code, or its successor title, are being complied with. The building official shall report to the license office within thirty days as to the fitness of the applicant regarding compliance with such laws and ordinances, and it shall further be the duty of the building and housing department, after a license has been granted, to continually examine and inspect such place of business in regard to the matters hereinbefore stated. Should it subsequently appear that any ordinance, regulation or requirement of the city is being violated, such fact shall at once be reported to the license office, at which time such office shall take action in regards to the granting or denying of such application for a license or in regard to the revocation of an existing license as the license supervisor deems just and proper.

Chapter 18.48. HOUSING AND DANGEROUS BUILDINGS

Sections:

Article I. Code Adoption and Administration

18.48.010 Uniform Code for the Abatement of Dangerous Buildings adopted.

18.48.020 City council as governing body.

18.48.030 Housing inspection fees.

18.48.040

18.48.050

18.48.060 Performance of abatement work.

18.48.070 Recovery of cost of repair or demolition.

18.48.080 Public nuisances - Administrative review and limitations.

Article II. Temporary Securing of Buildings

* * *

Article I. Code Adoption and Administration

18.48.010 Uniform Code for the Abatement of Dangerous Buildings adopted.

The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, hereinafter sometimes referred to as “UCADB,” are hereby adopted by Salt Lake City as the ordinances, rules, and regulations of the city, subject to the amendments and exceptions thereto as set out in this chapter; three copies of said codes shall be filed for use and examination by the public in the office of the city recorder. The purpose of these codes is to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of buildings within the city, and providing for correction of violations thereof. Hereafter, all references in the Salt Lake City Code to the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition adopted by Section 18.48.010, or its successor, are amended and deemed to read the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition.

18.48.020 City council as governing body.

All references to a governing body in the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, as adopted by Section 18.48.010, or its successor, are amended to refer to the city council of Salt Lake City, hereinafter “City Council,” except as specifically amended.

18.48.060. Performance of abatement work.

Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition

PROCEDURES FOR CONDUCT OF HEARING APPEALS

Section 601 UCADB. Hearing.

(a) * * *

(b) * * *

(d) * * *

(e) * * *

(f) * * *

(g) * * *

(j) * * *

(jj) * * *

(iii) * * *

(h) * * *

Section 801 UCADB. Abatement work.

(a) * * *

(b) * * *

Section 802 UCADB. Repair and demolition abatement fund.

(a) * * *

(b) * * *

18.48.070. Recovery of cost of repair or demolition.

Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, shall be amended to read as follows:

RECOVERY OF COST OF REPAIR OR DEMOLITION

Section 901 UCADB. Account of expense and filing of reports. Contents.

The Building Official shall keep an itemized account of expense incurred by the City in the abatement by work authorized by an order of the Mayor under this code. Within ten days of the completion of the abatement work of demolition or repair as ordered by the Mayor, said Building Official shall prepare and file with the City Recorder a report specifying the work done, the itemized and total cost of the work to be reimbursed, a description of the real property upon which the building or structure is or was located, and the name and addresses of the property owner(s) joined as parties in the abatement proceeding or otherwise entitled to notice pursuant to this code.

Concurrently, the Building Official shall file three copies of the account with the County Treasurer and mail a fourth copy of the account to the named property owner(s) demanding payment within twenty days of the date of mailing by certified or registered mail to the last known address of the property owner, or the address shown on current property tax rolls.

Section 903 UCADB. Protests and objections. How made.

Any property owner(s) or interested parties affected by the proposed charge who desire to protest the amount or method of collection, shall file a written protest or objection with the City Recorder within twenty days of the date of the demand and mailing of the report. Each such protest or objection shall contain a description of the property involved and state the grounds of such protest or objection. The City Recorder shall endorse on every such protest or objection the date it was received in the Recorder’s office and shall present such protest or objections to the Office of the Mayor to be set for hearing and no other protest or objection shall be considered. The Office of the Mayor shall fix a time, date, and place for hearing of said objection and shall cause the City Recorder to prepare notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner(s) of the property at the address as it appears on the Building Official’s report or on the address submitted on the protest. Such notice shall be given at least seven (7) days prior to the date set for hearing and shall specify the date, hour and place when the Mayor will hear and pass upon the Building Official’s report, together with the objections and protests that have been filed.

Section 904 UCADB. Hearing of protest and approval of report.

Upon the day and hour fixed for hearing, the Mayor shall hear and pass upon the report of the Building Official together with objections made thereto. The Mayor may make such revision, correction, or modification in the report or the charge as deemed just. When the Mayor is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be affirmed or rejected. The decision of the Mayor on the report and the charge, and all protests, and objections thereto shall be final and conclusive.

If no objections to the items of the report are so filed or made within twenty (20) days of the date of the mailing of such report by the Building Official, the City Recorder shall so certify upon the report which shall be deemed to be approved by the Mayor. In the event the abatement order of the Mayor directed the charge to be certified to the County Treasurer as a certified lien to be included upon the county tax rolls, the Recorder shall send a copy of the approved report to the City Treasurer and certify the same as a lien to the County Treasurer and the Board of County Commissioners.

Section 905 UCADB. Method of collection.

(a) * * *

(i) * * *

(ii) * * *

(iii) * * *

(b) * * *

Section 906 UCADG. Contest - Time limitation.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced in a court of competent jurisdiction within thirty days after the assessment is placed upon the assessment rolls provided herein. An appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.

Section 907 UCADG. Authority or installment payment of assessments with interest.

The Mayor, in his/her discretion, may determine that assessments which are special assessments on City tax rolls in amounts of $500 or more, may be payable in not to exceed five equal annual installments. The Mayor’s determination to allow such assessments to be paid in installments, the number of installments, and whether they shall bear interest and the rate thereof, shall be specified in the order of abatement, or any order issued as a result of a protest or objection to the Building Official’s report. Said authority to allow installment payments of assessments with interest, shall only be allowed on special assessments placed on the City tax rolls, and shall not apply to any assessments which are directed to be placed as a certified tax lien on county tax rolls.

Section 908 UCADE. Lien of assessment.

(a) * * *

(b) * * *

Section 909 UCADB. Report to assessor and tax collector; addition to assessment of City tax.

After confirmation of the Building Official’s report, certified copies of the assessment shall be given by the City Recorder to the City Assessor and the City Treasurer, who shall add the amount of the assessment as a special assessment to the next regular tax bill levied against the parcel for municipal purposes. A certified copy of the assessment and all assessments for the special assessments for charges made from the repair and demolition abatement fund, may be filed by the City Treasurer with the County Auditor on or before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor’s map book for the current year.

Section 911 UCADB. Collections of assessments; penalties for foreclosure.

The amount of the special assessment shall be collected at the same time and in the same manner as the ordinary municipal taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall apply to such assessments which appear upon the rolls of the City Assessor and Treasurer.

If the Mayor has determined that the charge shall be placed as an assessment upon the City tax rolls, and that said assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for collection as provided for ordinary municipal taxes.

Section 912 UCADB. Repayment of repair and demolition fund.

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit the same to the repair and demolition abatement fund.

Article III

Emergency Demolition

Article III. Emergency Demolition

18.48.330 Purpose.

Not withstanding the other provisions of this chapter, the UCADE, the process for demolishing buildings in an emergency situation, shall be as provided by this Article III.

Title 21A.26-9.5

(b)(2)(ee) For legalizations permitted pursuant to Section 26-9.5(b) (2), any further Existing Residential Housing Code deficiencies affecting the building or units, as determined by the date such excess dwelling units were constructed, will be recorded with the County Recorder as a Certificate of Nonconformance. After any sale or other transfer of the property the Certificate of Nonconformance shall no longer be effective and the City may enforce any Existing Residential Housing Code violations, including those referenced in the Certificate of Nonconformance.

26-9.5

(b) (3) (dd) For legalizations permitted pursuant to Section 26-9.5(b) (3), a Certificate of Nonconformance shall be recorded with the County Recorder for any further Existing Residential Housing Code deficiencies affecting the building or units, as determined by the date such excess dwelling units were constructed, and any further parking or zoning deficiencies. After any sale or other transfer of the property the Certificate of Nonconformance shall no longer be effective and the City may enforce any housing, zoning or parking violations, including those referenced in the Certificate of Nonconformance.

SECTION 4. That Chapter 18.50, “Salt Lake City Existing Residential Housing Code” attached and incorporated as Exhibit “A” be, and the same hereby is, adopted.

SECTION 5. EFFECTIVE DATE. The new Chapter 18.50, “Salt Lake City Existing Residential Housing Code,” shall become effective on August 1, 1995.

Passed by the City Council of Salt Lake City, Utah, this 11^th day of July, 1995.

Bill No. 55 of 1995.

Published: July 18, 1995.