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SALT LAKE CITY ORDINANCE
No. 41 of 2014
(Amending the Consolidated Fee Schedule While Also Amending and Enacting Ordinances Related to the Fees Set Forth On the Consolidated Fee Schedule)
An ordinance amending the Salt Lake City Consolidated Fee Schedule; amending Sections 2.12.040, 3.50.020, 5.16.090, 5.51.027, 15.16.090, 15.24.120, 18.98.090, and 18.98.160 of the Salt Lake City Code, and enacting Sections 3.16.005, 12.56.600, and 15.16.120 of the Salt Lake City Code.
WHEREAS, on May 17, 2011 the City Council adopted Ordinances 2011-23, 2011-24 and 2011-25 to authorize and create the Salt Lake City consolidated fee schedule; and
WHEREAS, the Salt Lake City consolidated fee schedule has since been amended from time to time; and
WHEREAS, it is now proposed that the Salt Lake City consolidated fee schedule be amended to include, eliminate, or otherwise 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 regulatory and service 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; and
WHEREAS, the City Council desires to insure that the provisions of the Salt Lake City Code closely correspond to the Salt Lake City Consolidated Fee Schedule;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The Salt Lake City consolidated fee schedule shall be, and hereby is, amended to reflect the fees and corresponding information set forth in the attached Exhibit “A”.
SECTION 2. The official copy of the Salt Lake City consolidated fee schedule shall be revised to reflect the fees and corresponding information set forth in the attached Exhibit “A” and a copy thereof shall be published on the official Salt Lake City website.
SECTION 3. Section 2.12.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.12.040: BUSINESS PERMIT FEES:
The city shall
collect the permit fees; and other fees including cost recovery fees,
event-specific fees, report fees, and late 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 shall exceed the maximum fee shown on the Salt Lake City consolidated fee
schedule.
SECTION 4. Section 3.50.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
As used in this
chapter:
BASIC CITY SERVICES: Those services determined in the sole
discretion of the city to be necessary to protect the public health, safety and
welfare of participants and spectators at any commercially related special event
or free expression activity.
CITY COSTS: Any expense incurred by the
city, as a result of a commercially related special event or free expression
activity except those for basic city services and except for city services
specifically budgeted for commercially related special events or free expression
activities. The fee amounts used to calculate such city costs are set
forth on the Salt Lake City consolidated fee schedule.
CITY SERVICES: The
provision of city employees or equipment for services related to commercially
related special events or free expression activities including police, fire and
building inspection services other than those which are determined by the city
to be basic city services. City services shall also include the city allowing
the applicant or sponsor the exclusive use of city property including the
exclusive right to sell merchandise on the property.
COMMERCIALLY RELATED
SPECIAL EVENT:
A. Any organized formation, parade, procession, assemblage of people, animals, vehicles or any combination thereof, which assembles or travels in unison with common purpose upon any public street, highway, alley, sidewalk or other public way and which does not comply with normal or usual traffic regulations or controls; or
B. Any organized assemblage at any public park or other city owned public forum which gathers for a common purpose or event under the discretion and control of a responsible person or entity and which requires more services, facilities or equipment than normally provided to groups which reserve park facilities; and
C. In either circumstance:
1. Which charges a fee of any kind for participation in the event or for viewing any or all of the event, or
2. Which is organized by an individual or entity for the purpose of making a financial return on the event.
D. Commercially related special event shall not include any event or activity of a type specified above which claims to be a "free expression activity" as defined below.
EVENTS COORDINATOR:
A city employee designated by the mayor for the purpose of administering the
provisions of this chapter.
EVENTS REVIEW COMMITTEE: A committee
comprised as follows:
A. Voting members (or their designees):
1. The mayor,
2. The city attorney,
3. The chief of police,
4. The director of public services, and
5. Up to six (6) residents of the city, appointed by the mayor and confirmed by the city council;
B. Nonvoting/ex officio members (or their designees):
1. The director of Salt Lake Valley health department,
2. The chief executive officer of the Utah transit authority,
3. The director of the Salt Lake City chamber of commerce, and
4. The director of the city's downtown business improvement district contractor.
FREE EXPRESSION
ACTIVITY: Any formation, procession or assembly upon any public street, park or
other public way or other traditional public forum in a manner which does not
comply with normal or usual regulations or controls and which claims that it has
the purpose of engaging in constitutionally protected speech or assembly.
Free expression activity includes:
A. "Advanced planned free expression activities" where the activity is scheduled sufficiently in advance of its occurrence, such that the city may lawfully require compliance with certain of the permitting requirements as specified below; and
B. "Short notice free expression activities" which arise out of or are related to events or other public issues which cannot be reasonably anticipated far enough in advance of their occurrence to reasonably allow compliance with the requirements for advanced planned free expression activities. (Ord. 1-06 § 30, 2005: Ord. 23-93 § 4, 1993)
SECTION 5. Section 5.51.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.51.027: SPECIAL EVENT ALCOHOL PERMITS:
A. Required: A city-issued special event alcohol permit is required for all events which are required to obtain from the Utah alcoholic beverage control commission a single event permit or temporary special event beer permit under title 32A, Utah Code Annotated (2009) or its successor provisions, allowing alcohol to be stored, sold, served and consumed for short term events.
B. Application Requirements: In addition to the application requirements set forth in section 5.02.060 of this title, the following information is required:
1. The time, dates, and location of the event.
2. A description of the nature and purpose of the event.
3. A description of the control measures to be imposed by the DABC and where alcohol will be stored, served and sold.
4. A signed consent form stating that law enforcement and authorized city representatives shall have the unrestricted right to enter and inspect the premises during the event to ensure compliance with state law and city ordinance.
C. Operational Restrictions: The permittee is subject to all operational restrictions imposed by the DABC under its state permit. No alcohol may be served at any special event unless the city permittee also obtains the appropriate state permit.
D. Nontransferable: Special event alcohol permits are not transferable.
E. Time Limits: Special event alcohol permits are subject to the time limitations applicable to DABC single event permits and temporary special event beer permits.
F. Fees: Special event alcohol permits are subject to the fees that correspond to chapter 5.04 of this title and to an alcohol concession agreement fee. Such fees are set forth in the Salt Lake City consolidated fee schedule.
SECTION 6. Section 15.16.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
15.16.090: RECREATION PROGRAM FEES:
A. The director of public services and the director of community and economic development, with approval of the mayor, shall establish a fee schedule for recreation program fees; provided, however, that all such fees shall be included on the Salt Lake City consolidated fee schedule. The maximum fees charged shall be as follows:
1. City Special Events: The majority of
special events produced or sponsored by Salt Lake City shall be free to the
public. These events include, but are not limited to, Bike Bonanza, Friday Night
Flicks, 4th Of July Celebration at Jordan Park, Fireworks for 24th Of July
Celebration at Liberty Park, Monster Block Party, Highland Bagpipe Experience,
Salt Lake City Gets Fit Online Tracking, The People's Market, and the
International Culture Fest.
The Salt Lake City Gets Fit 5K is currently
charging the admission fee shown on the Salt Lake City consolidated fee
schedule. The Salt Lake City Gets Fit Volleyball Tournament charges the
admission fee shown on the Salt Lake City consolidated fee schedule. These
admission fees will not exceed the amount shown on the Salt Lake City
consolidated fee schedule, per person. These fees represent a partial recovery
of the costs to produce these events.
Fees for additional special events
and festivals that may be produced or sponsored by Salt Lake City, or held on
city owned or city managed property, shall be established consistent with fees
for similar events as set forth in the Salt Lake City consolidated fee
schedule.
2. Programs And Fees:
a. Youth And Family Programs: The youth and family recreation program fees are shown on the Salt Lake City consolidated fee schedule.
B. The director of public services and the director of community and economic development, in establishing fees within the limitations provided in this section, shall determine the fee based upon the recoupment of costs incurred by city personnel for their time in making the reservations and in their involvement with the activity. The fees charged do not represent the payment of any consideration for the use of the land, which is provided at no cost, fee, or consideration.
C. Refugee youth are eligible for scholarships funded by Salt Lake County. In general, refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States.
SECTION 7. Section 15.24.120 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
15.24.120: PRICE FOR GRAVESITES:
The price for
each gravesite sold in the various locations within the city cemetery shall be
as follows:
A. Adult Gravesite: The price for an adult gravesite shall be as set forth on the Salt Lake City consolidated fee schedule.
B. Infant Gravesite: The price for an infant gravesite shall be as set forth on the Salt Lake City consolidated fee schedule.
SECTION 8. Section 18.98.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
18.98.090: CHALLENGES AND APPEALS:
A. 1. Any person or entity that has paid an impact fee may challenge the impact fee by filing:
a. An appeal pursuant to subsection B of this section;
b. A request for arbitration as provided in Utah code section 11-36a-705, as amended; or
c. An action in district court.
2. An impact fee challenge may be initiated only within the time limits set forth in Utah code section 11-36a-702, as amended.
3. If, pursuant to Utah code section 11-36a-705, as amended, a person or entity submits an impact fee challenge to arbitration, the city shall not agree to participate in binding arbitration.
4. The remedy for a successful challenge to an impact fee shall be as provided in Utah code, title 11, chapter 36a, part 7, as amended.
5. Nothing in this section shall be construed to require a fee payer to exhaust administrative remedies with the city before filing an action in district court under subsection (A)(1)(c) of this section.
B. An appeals hearing officer, appointed by the mayor, shall hear and decide appeals alleging an error in any administrative decision made in the administration or enforcement of this chapter. Appeals to the appeals hearing officer shall be considered in accordance with the following procedures:
1. The standard of review for an appeal shall be de novo. The appeals hearing officer shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the decision below.
2. The appellant has the burden of proving the decision appealed is incorrect.
3. The community and economic development director may adopt policies and procedures consistent with the provisions of this section, for processing appeals, the conduct of an appeal hearing, and for any other purpose considered necessary to properly consider an appeal.
C. 1. Any fee payer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit and thereafter may appeal the validity or amount of such payment to the appeals hearing officer. Appeals regarding the impact fees imposed on any development activity may be filed only by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fees at issue have been paid.
2. Appeals shall be made by filing a written notice of appeal with the appeals hearing officer, specifying the grounds thereof, and paying an administrative fee in the amount set forth on the Salt Lake City consolidated fee schedule.
a. The appellant may also submit, in writing, a request for information relative to the impact fee.
b. The appeals hearing officer shall, within fourteen (14) calendar days after receiving notice of appeal, hold a hearing to consider the evidence and arguments of the appellant and shall record the hearing and retain such evidence.
c. The appeals hearing officer shall issue a written decision on the appeal within thirty (30) calendar days after the day on which the appeal was filed. Notification of the decision of the appeals hearing officer shall be sent by mail to all parties to the appeal within ten (10) days of the appeals hearing officer's decision.
3. A person or an entity who is a party to an appeal may challenge a decision made by the appeals hearing officer by filing a petition for review of the decision with the district court as provided in the impact fees act, Utah code 11-36a-101 et seq., or its successor.
SECTION 9. Section 18.98.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
18.98.160: INDEPENDENT CALCULATIONS:
A. If a fee payer desires not to have the impact fees determined according to the schedule set forth in section 18.98.190, "Appendix A; Impact Fee Schedule", of this chapter, then the fee payer shall prepare and submit to the director an independent impact fee calculation for the development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent impact fee calculation was made. The appropriate department staff persons shall review the independent impact fee calculation and provide an analysis to the director concerning whether the independent impact fee calculation should be accepted, rejected, or accepted in part. The director may adopt, reject, or adopt in part the independent impact fee calculation based on the department's analysis and based on the specific characteristics of the development activity. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
B. Any fee payer submitting an independent impact fee calculation must pay to the city a fee to cover the cost of reviewing the independent impact fee calculation. The fee shall be an amount equal to the actual review costs incurred by the city, including the cost of any consultant services deemed necessary by the city. The city shall require the fee payer to post a cash deposit in the amount set forth on the Salt Lake City consolidated fee schedule prior to initiating the review. If the city’s actual review costs exceed the cash deposit amount, then the fee payer will be responsible for paying such additional review costs. However, if the city’s actual review costs fall below the cash deposit amount, then the fee payer shall be entitled to a refund of any portion of such cash deposit amount that exceeds the actual costs of review.
C. The director shall consider the documentation submitted by the fee payer and the analysis prepared by the appropriate department staff persons, but is not required to accept such documentation or analysis. The director may require the fee payer to submit additional or different documentation for consideration. The director may adjust the impact fees on a case by case basis based on the independent impact fee calculation and the specific characteristics of the development activity. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
SECTION 10. Section 3.16.005 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
3.16.005: LOAN APPLICATION FEES:
Any person or entity applying for a loan from the city’s loan programs must pay the application fee set forth in the Salt Lake City consolidated fee schedule.
SECTION 11. Section 12.56.600 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
12.56.600: ELECTRIC VEHICLE CHARGING STATIONS - RATES:
The rates the city charges for use of Electric Vehicle Charging Stations shall be as set forth in the Salt Lake City consolidated fee schedule.
SECTION 12. Section 15.16.120 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
15.16.120: ICE SKATING FEES:
The fees imposed for use of the city’s ice skating facilities located at the Gallivan Center shall be as set forth on the Salt Lake City consolidated fee schedule.
SECTION 13. This ordinance shall become effective immediately upon publication.
Passed by the City Council of Salt Lake City, Utah this 10th day of June, 2014.
Bill No. 41 of 2014.
Published: June 20, 2014.