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SALT LAKE CITY ORDINANCE
No. 28 of 2013
(Modifying Fee Authority, Requiring Fee Identification,
and Adopting An Amended Salt Lake City Consolidated Fee Schedule)
AN ORDINANCE AMENDING SECTIONS 2.12.040 AND 3.02.020, SALT LAKE CITY CODE, TO MODIFY FEE AUTHORITY AND TO REQUIRE IDENTIFICATION OF CITY IMPOSED FEES; AND AMENDING THE SALT LAKE CITY CONSOLIDATED FEE SCHEDULE TO MODIFY VARIOUS FEES INCLUDED THEREIN.
WHEREAS, in 2009 Salt Lake City adopted an Open Government Initiative designed to foster open and transparent government; and
WHEREAS, providing the public with information about the basis for fees charged by the city will allow for meaningful public feedback and will help make Salt Lake City government more effective; and
WHEREAS, establishing fees charged to the public to offset city costs is one of the City Council’s core legislative functions; and
WHEREAS, on May 17, 2011 the City Council adopted Ordinances 23, 24 and 25 of 2011 to create a consolidated fee schedule; and
WHEREAS, although most city fees have been listed in the consolidated fee schedule, the city council previously delegated some fee authority to the mayor and city departments; and
WHEREAS, in order to improve fee transparency, consistency, clarity, and accountability, it is proposed that Sections 2.12.040 and 3.02.020, Salt Lake City Code, be amended to modify fee authority and to require that, with certain exceptions, all city fees be set by the City Council and included in the Salt Lake City consolidated fee schedule; and
WHEREAS, it is also proposed that the Salt Lake City consolidated fee schedule be amended to include or modify various fees as shown in the attached Exhibit "A"; and
WHEREAS, the City Council finds (i) the fees set forth in Exhibit "A" are necessary, reasonable, and equitable in relation to costs incurred by the city; and (ii) adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.12.040, Salt Lake City Code, is amended to read as follows:
2.12.040: BUSINESS PERMIT FEES:
The city
shall collect the permit fees shown on the Salt Lake City consolidated fee
schedule for each business activity regulated by the fire prevention bureau
under the international fire code or other authority. No new fee, including cost
recovery fees, shall exceed the maximum fee shown on the Salt Lake City
consolidated fee schedule.
SECTION 2. Section 3.02.020, Salt Lake City Code, is amended to read as follows:
3.02.020: FEE CHARGES:
A. No fee
may be imposed by the city except as shown on the Salt Lake City consolidated
fee schedule or as provided in this section. No fee, including cost recovery
fees, shall exceed the maximum fee shown on the Salt Lake City consolidated fee
schedule.
B. Notwithstanding any provision of this code to the contrary, all Salt Lake City fees shall be established by the City Council except that this Subsection B shall not apply to any fee:
1. established pursuant to a franchise, property, or other agreement to which Salt Lake City is a party;
2. collected by the city but which is required by a federal or state law;
3. authorized by this code which is applicable to an airport owned or operated by the city; and
4. authorized by the state construction code or the state fire code and for which the state code allows no city discretion in deciding whether to impose the fee or the amount of the fee. For the purpose of this subsection, the terms “construction code” and “fire code” have the same meanings set forth in the State Construction and Fire Codes Act, Title 15A, Utah Code Annotated, or its successor.
C. After July 1, 2013, any new fee shall be reviewed and approved by the city council (including any fee that otherwise could be established by a city department or the mayor under a previous delegation of authority.)
D. Within a reasonable time after July 1, 2013, all fees charged by the city shall be identified and itemized by type, amount, the specific source of authority to impose the fee, and the basis for calculating the fee. After all city fees are identified and itemized the city council intends to confirm any fee authority which may be delegated to a city department or the mayor. The council may establish conditions of delegation, such as:
1. making fee lists readily available to the public,
2. requiring public notice and comment prior to establishing any new fee, and
3. reporting all new fees to the city council on a semi-annual basis.
SECTION 3. The Salt Lake City consolidated fee schedule shall amended to reflect the fees set forth in the attached Exhibit "A" and thereafter shall be published on the Salt Lake City website.
SECTION 4. Effective Date. This ordinance shall become effective immediately upon publication.
Passed by the City Council of Salt Lake City, Utah this 18th day of June, 2013.
Bill No. 28 of 2013.
Published: June 23, 2013.