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SALT LAKE CITY ORDINANCE
No. 46 of 2016
(Authority to Set Municipal Fees)
An ordinance amending Sections 2.10.010, 2.10.050, 2.10.080, 2.10.090, 3.16.020, 5.36.010, 5.54.040, 5.64.130, 5.64.580, 5.69.060, 5.85.020, 8.04.350, 10.03.050, 12.16.100, 12.64.030, 12.64.060, 12.64.080, 12.64.090, 12.80.010, 17.08.030, 17.16.560, 17.16.660, 17.44.030, 17.44.040, 17.44.050, 17.44.110, 07.44.160, 17.64.040, 17.64.080, and 18.72.010 of the Salt Lake City Code regarding the establishment of municipal fees.
WHEREAS, the powers allocated to the City Council of Salt Lake City include the authority to establish appropriate municipal fees and to delegate authority related to the establishment of such fees; and
WHEREAS, the following amendments to the Salt Lake City Code further clarify the processes by which Salt Lake City Corporation (the “City”) establishes and administers municipal fees.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That section 2.10.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
A. The chief of police shall charge and collect in advance fees for the following services:
1. Fingerprinting;
2. ID cards (for other than city employees); and
3. Theft reports.
B. The mayor shall submit proposed fees to the city council that corresponds to the services identified in subsection 2.10.010(A). The city council may consider including the proposed fees on the Salt Lake City consolidated fee schedule.
C. Any person sixty five (65) years of age or over shall be exempt from the payment of the fees required by this section.
SECTION 2. That section 2.10.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.10.050: FEES:
A. Any individual seeking access and review of his or her own personal criminal history record shall be charged a service fee, as shown on the Salt Lake City consolidated fee schedule, per record search. Any nonstate noncriminal justice agency or other person entering into a user's security and privacy nondisclosure agreement with Salt Lake City Corporation or its designated agent shall be charged a service fee, as shown on the Salt Lake City consolidated fee schedule. The mayor shall submit proposed service fees to the city council, and the city council may consider including such fees on the Salt Lake City consolidated fee schedule.
B. Any person sixty five (65) years of age or over shall be exempt from the payment of the fees required by this section.
SECTION 3. That section 2.10.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.10.080: FEE:
There shall be a fee,
as shown on the Salt Lake City consolidated fee schedule, to the applicant for a
criminal records search and the corresponding letter requested under Salt Lake
City Code section 2.10.070. Such fees shall be collected by the chief of
police in advance of the preparation of the letter and shall be credited to
budget no. 32-J-41.
SECTION 4. That section 2.10.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.10.090: EXEMPTION:
A. In cases where an application is received by mail from persons residing outside the state and it appears that requiring the fees provided for in Salt Lake City Code section 2.10.090 in advance would be unreasonably inconvenient and time consuming to the applicant, it shall be within the discretion of the chief of police to waive the fee.
B. Any person sixty five (65) years of age or over shall be exempt from the payment of the fee required by section 2.10.080 of this chapter or its successor
SECTION 5. That section 3.16.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
3.16.020: SERVICE FEE OR HANDLING CHARGE ON DISCRETIONARY REBATES OR REFUNDS:
The administrative
head of each department, with the approval of the mayor, may propose to the city
council a service fee or handling charge that would be imposed, when that
department is requested to give an individual or company a refund or rebate, the
reason for which was not caused by the error, or neglect of the city and when
such refund is not a matter of right. The city council may consider including
such fees on the Salt Lake City consolidated fee schedule.
SECTION 6. That section 5.36.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.36.010: FRANCHISES OR SPECIAL PRIVILEGES; APPLICATION; DOCUMENTS AND FEES REQUIRED:
Whenever application
shall be made to the city council for a franchise or grant of special
privileges, or for an extension or renewal of any existing franchise or grant of
special privilege, the applicant shall furnish to the city recorder, for the use
of the city council, ten (10) copies of the proposed resolution or ordinance,
and pay into the city treasury the application fee shown on the Salt Lake City
consolidated fee schedule.
SECTION 7. That section 5.54.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.54.040: RESTAURANT LICENSE; FEE:
The license fee
required for a restaurant shall be as set forth in the Salt Lake City
consolidated fee schedule.
SECTION 8. That section 5.64.130 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.64.130: REGISTRATION; FEE; IDENTIFICATION CARD:
The chief of police
shall collect from each person registered pursuant to section 5.64.120 of this chapter or its
successor, at the time of registration, the pertinent fee shown on the Salt Lake
City consolidated fee schedule, which fee shall be remitted by the chief of
police to the city treasurer. Upon payment of the fee, and provided the person
has completed and satisfactorily meets all of the requirements of this chapter,
the police chief shall issue to the applicant an identification card which shall
constitute a permit for solicitation as provided in this chapter for the period
of time stated thereon.
SECTION 9. That section 5.64.580 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.64.580: APPLICATION; FEE REQUIRED:
At the time the ice
cream truck operator's application is filed, the applicant shall pay to the
business license office the pertinent fee shown on the Salt Lake City
consolidated fee schedule.
SECTION 10. That section 5.69.060 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.69.060: FEES; ANNUAL OPERATION:
No license shall be
issued or continued in operation unless the holder thereof has paid the
pertinent business regulatory fees set forth in the Salt Lake City consolidated
fee schedule for each mobile food business.
SECTION 11. That section 5.85.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
5.85.020: LICENSE REQUIRED:
A. It is unlawful for any person to engage in vehicle immobilization within Salt Lake City limits unless the person has a valid Salt Lake City license granted in compliance with the provisions of this chapter.
B. The fee for the license shall be as set forth in the Salt Lake City consolidated fee schedule.
C. A person who already has a valid Salt Lake City business license for an existing business shall notify the city licensing authority in writing of the intent to engage in vehicle immobilization. Performing vehicle immobilization without receiving city authorization following submission of such notice shall be grounds for the revocation or suspension of the existing business license. The procedure for a police department investigation provided in section 5.85.040 of this chapter shall be followed except that a police department investigation will not be conducted if the person's existing business license was issued following a police department investigation. The fees, if any, associated with such notice shall be as set forth in the Salt Lake City consolidated fee schedule.
SECTION 12. That section 8.04.350 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
8.04.350: IMPOUNDMENT; REDEMPTION CONDITIONS:
A. Redemption Requirements: The owner of any impounded animal, or such owner's authorized representative, may redeem such animal before disposition, provided he or she pays the fees and charges as listed below, according to the amounts shown on the Salt Lake City consolidated fee schedule:
1. The impound fee;
2. The daily board charge;
3. Veterinary costs incurred during the impound period, including rabies vaccination;
4. License fee, if required;
5. A transportation fee if transportation of an impounded animal by specialized equipment was required. The director of animal services shall propose to the city council a fee schedule for such transportation fees. The city council may consider including such fees on the Salt Lake City consolidated fee schedule;
6. Any other expenses incurred to impound an animal in accordance with state or local laws;
7. Any unpaid or past due animal services fees and fines incurred by the owner.
B. Removal Of Dead Animals: The following service charge shall be levied for removal of dead animals from an owner's property; no fee shall be charged for dead animals brought to the animal shelter provided the owner resides within the city:
1. Dogs, licensed: No fee;
2. Dogs (unlicensed), all cats, small domestic animals, small livestock, and all other small privately owned animals: As shown on the Salt Lake City consolidated fee schedule;
3. Large livestock, and all other large, privately owned animals: The owner shall arrange removal by a private dead animal hauler.
C. Rabid Animals: No impound fee will be charged the reporting owners of suspected rabid animals if the owners comply with sections 8.04.240 through 8.04.290 of this chapter, or successor sections.
SECTION 13. That section 10.03.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
10.03.050: REGISTRATION AND FEES:
A. The city recorder's office will keep a record of all declarations of mutual commitment and of all notices terminating a mutual commitment.
B. The fee for filing a declaration of mutual commitment shall be as shown on the Salt Lake City consolidated fee schedule, which entitles the persons filing the declaration of mutual commitment to two (2) certified copies of the official statement.
C. No fee will be charged for filing a notice terminating a mutual commitment.
D. An amendment to a declaration may be filed by a declarant with the city recorder's office at any time to show a change in his or her mailing address. The record will be maintained so that amendments and notices terminating a mutual commitment are filed with the declaration of mutual commitment to which they apply.
SECTION 14. That section 12.16.100 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.16.100: ACCIDENT REPORTS; DRIVER, WITNESS AND INVESTIGATING OFFICER DUTIES; SUPPLEMENTAL REPORTS:
A. The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to the apparent extent of seven hundred fifty dollars ($750.00) or more shall forward a written report of such accident to the financial responsibility division of the department of public safety of the state within five (5) days after such accident.
B. The financial responsibility division of the department of public safety may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient, in the opinion of the department, and may require witnesses of accidents to render reports.
C. Every law enforcement officer who investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall forward a written report of such accident to the financial responsibility division of the department of public safety within twenty four (24) hours after completing such investigation.
D. The city police department shall furnish upon request to any applicant copies of officers' reports of any traffic accident on file in such department. The mayor or the mayor’s designee shall propose to the city council a fee for each copy of such report. The city council may consider including such a proposed fee on the Salt Lake City consolidated fee schedule. If the proposed fee is adopted by the city council, it shall be paid by the applicant in the office of the chief of police, which office shall then issue a receipt therefor which must be presented as a condition precedent to the delivery of such report; provided, however, that any person sixty five (65) years of age or over shall be exempt from the payment of such fee.
SECTION 15. That section 12.64.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.64.030: AREA DESIGNATION; AUTHORITY:
The transportation
engineer may, upon recommendation of the parking permit coordinator, and
pursuant to the provisions hereunder, consider for designation as a city permit
parking area any area which satisfies the threshold criteria established below.
Where he deems it necessary and appropriate to accomplish the legislative intent
and objectives, the transportation engineer may then designate by declaration
any qualified area as an approved city permit parking area in which motor
vehicles displaying a valid area parking permit may stand or be parked without
limitations imposed on commuter vehicles by the parking regulations in the area.
Such declaration shall also state the applicable parking regulations and the
proposed fees for permit issuance that the transportation engineer anticipates
submitting to the city council for consideration.
SECTION 16. That section 12.64.060 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.64.060: AREA DESIGNATION; TRANSPORTATION ENGINEER ACTIONS:
A. Within thirty (30) days following the hearing, the transportation engineer shall deny or approve the designation of a city permit parking area as he deems justified under the objectives and procedures above. The transportation engineer shall reduce his decision to writing in the form of a report that shall be filed with the city recorder, accompanied by the parking permit coordinator's recommendation related to the permit parking area and made available to any interested party upon request.
B. The transportation engineer's report shall include:
1. Significant subjects and concerns raised at the public hearing conducted;
2. The findings relative to those designation criteria deemed applicable to the city permit area;
3. Conclusions as to whether the findings, including testimony obtained at the public hearing, justify preferential permit parking for the area under consideration;
4. The transportation engineer's approval (or
denial) of the proposed permit parking area;
and, if approved:
5. The proposed boundaries of the city parking permit area;
6. The proposed parking regulations, including administrative provisions for issuing permits; and
7. An implementation schedule indicating when the new permit parking area will become effective.
C. If the transportation engineer approves creation of a city permit parking area, a declaration of designation shall be prepared as an administrative regulation establishing the program for the area, including the boundaries, parking regulations, proposed fees, and other pertinent matters, for its administration and implementation. The declaration shall be mailed to each listed address in the area's designated boundaries. The parking permit coordinator shall promptly implement the program pursuant to the schedule. If the transportation engineer denies the creation of a city permit parking area, a notice of such denial shall be mailed to each listed address in the area's designated boundaries.
D. Information generated through the original designation process and the designation criteria set forth in this chapter shall also be utilized by the transportation engineer in determining whether to remove any particular existing city permit parking area or portion thereof from designated status and participation in the program.
E. Action by the transportation engineer in creating, deleting or modifying the boundaries applicable in city parking permit areas under this chapter, shall be final. However, the city council may agree to review and to modify such decision(s) by a vote of at least four (4) of its members.
F. The transportation engineer's decision shall be stayed by the filing of a written objection requesting city council review, provided the objection is filed within fifteen (15) days of the filing of the report. The objection shall specify grounds upon which council review is justified. If accepted for review, the matter shall be scheduled for public hearing before the city council, with the mailing of ten (10) days' written notice thereof to the appellant, petitioner of record and the transportation engineer. An objection failing to receive the necessary votes for review shall be deemed an affirmation of the transportation engineer's decision.
G. Actions by the transportation engineer as to the implementation and enforcement shall be considered administrative matters.
SECTION 17. That section 12.64.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.64.080: PARKING PERMIT; APPLICATION; TERM:
Each parking permit
issued by the parking permit coordinator office shall be valid for one year or
portion thereof to be determined by the parking permit coordinator excluding
visitor permits. Permits shall not be transferable, but may be renewed annually
upon reapplication in the manner required by the parking permit coordinator.
Each application or reapplication for a parking permit shall contain information
sufficient to identify the applicant's identity, claim for permit eligibility,
authorized residence or business within the city permit parking area, the
license number of the motor vehicle for which application is made, and such
other information that may be deemed relevant by the parking permit coordinator.
Applications shall be accompanied by a fee established under section 12.64.090 of this chapter.
SECTION 18. That section 12.64.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.64.090: PARKING PERMIT FEES:
To defray program
administration costs, the transportation engineer shall propose to the city
council a fee schedule for the city parking permit program. The city
council may consider including such proposed fees on the Salt Lake City
consolidated fee schedule.
SECTION 19. That section 12.80.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.80.010: LICENSING FOR OWNERS:
A. It is unlawful for any person to operate or ride a bicycle upon any of the streets, alleys, sidewalks or public ways of this city:
1. Unless such bicycle has been registered, licensed, and is displaying the proper license, as hereinafter provided; or
2. After the license has been duly suspended or revoked.
B. Every bicycle, before being so registered and licensed, must be inspected with relation to its frame number, operating condition, brakes, warning device, reflector and handlebars.
C. Any license issued under the provisions of this chapter shall be valid until the transfer of ownership of the bicycle, or until the bicycle license so issued is destroyed, lost or mutilated, at which time such bicycle shall again be so inspected, registered and licensed as herein provided.
D. The fee to be paid for each bicycle license or relicense because of transfer of title or destruction, loss or mutilation of the license, or for any other reason, shall be as set forth on the Salt Lake City consolidated fee schedule, payable in advance.
SECTION 20. That section 17.08.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.08.030: PICNIC FACILITIES; RESERVATION FEES:
Any person or group
desiring to reserve picnic facilities shall pay the fee shown on the Salt Lake
City consolidated fee schedule for the use of such facilities. The public
utilities advisory committee and the director shall submit a proposed fee to the
city council. The city council may consider including such proposed fee on
the Salt Lake City consolidated fee schedule.
SECTION 21. That section 17.16.560 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.16.560: FIRE HYDRANTS; USE BY CONTRACTORS; FEES:
The public utilities
director may give permission, for the use of water from fire hydrants by
applicants who are engaged in work on public streets. The public utilities
director, with approval of the mayor, shall submit a proposed fee for the use of
such water to the city council. The city council may consider including
such proposed fee on the Salt Lake City consolidated fee schedule.
SECTION 22. That section 17.16.660 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.16.660: PAYMENTS REQUIRED BEFORE SERVICE TURNED ON:
Before the water is
turned on, all unpaid bills for water must be paid in full, together with a turn
on fee as set forth in the Salt Lake City consolidated fee schedule.
SECTION 23. That section 17.44.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.44.030: ADDITIONAL SURVEYS OR INSPECTIONS; FEE:
In the event that the
director finds the sewer connection at the building is not exposed when the
inspector or surveyor visits the site to determine the materials used and/or
elevation, or if the permittee has not given sufficient information when making
application for a permit so that the survey can be completed, or if the
permittee requests a change in the survey, an additional fee, as shown on the
Salt Lake City consolidated fee schedule, shall be charged by the POTW.
SECTION 24. That section 17.44.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.44.040: PERMIT; APPLICATION FOR REPAIRS AND REPLACEMENTS; FEE:
Application for
permits for sewer repair or replacement of any sewer line must be made in
writing by a licensed and bonded sewer contractor or plumber on an application
furnished by the director. Repair or replacement of any sewer line shall be
tested and inspected in accordance with standards set by the POTW. The fee shown
on the Salt Lake City consolidated fee schedule shall be collected by the POTW
for each such inspection
SECTION 25. That section 17.44.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.44.050: TRIAL SEWER SURVEY FEE:
In order to
determine the feasibility of connecting a building to the POTW sewer, the
property owner, or licensed and bonded plumber or sewer contractor may make an
application for a trial sewer survey. The POTW shall propose a trial
survey sewer fee to the city council, and the city council may consider
including such proposed fee on the Salt Lake City consolidated fee
schedule. Any payment made hereunder does not constitute payment for a
permit to connect to the sewer. Such survey shall not be made until the fee is
paid in full.
SECTION 26. That section 17.44.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.44.110: REINSPECTION;
ADDITIONAL FEE:
In the event that the
inspector finds the connection not in conformity with POTW standards, or if any
changes are necessary requiring another inspection, a charge shown on the Salt
Lake City consolidated fee schedule shall be collected for each such additional
inspection. The POTW shall propose a reinspection fee to the city council,
and the city council may consider including such proposed fee on the Salt Lake
City consolidated fee schedule.
SECTION 27. That section 17.44.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.44.160: SURVEY STAKES; RESETTING FEE:
In the event that such
survey stakes are not available for the inspector to check the pipeline when
inspection is required, the inspector may refuse to make an inspection of the
work until stakes have been reset by the POTW and the fee shown on the Salt Lake
City consolidated fee schedule has been paid by the permittee for the
resetting. The POTW shall propose a resetting fee to the city council, and
the city council may consider including such proposed fee on the Salt Lake City
consolidated fee schedule.
SECTION 28. That section 17.64.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.64.040: AUTHORITY TO ADOPT FEES:
The POTW shall propose
to the city council a fee schedule for the fee categories set forth below.
The city council may consider including such proposed fees on the Salt Lake City
consolidated fee schedule:
A. Fees for all POTW costs, including maintenance and operation;
B. Fees for reimbursement of costs of setting up and operating the POTW's pretreatment program;
C. Fees for monitoring, inspections and surveillance procedures, to include, but not be limited to, laboratory analysis;
D. Fees for reviewing accidental discharge procedures and construction;
E. Fees for industrial waste permit;
F. Fees for filing appeals;
G. Fees for treatment of excessive compatible pollutants;
H. Fees for connection;
I. Fees for repairs and disconnection;
J. Fees for inspections and surveys;
K. Fees for development and expansion;
L. Fees for noncompliance;
M. Other fees as the POTW may deem necessary to carry out the requirements contained herein.
SECTION 29. That section 17.64.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
17.64.080: CHARGES FOR DISCONTINUING OR RESTORING SERVICES:
In the event POTW
service to any building or premises in the POTW is shut off, a fee, as set forth
on the Salt Lake City consolidated fee schedule shall be charged for restoring
sewer service. The POTW shall propose a restoration-of-service fee to the
city council, and the city council may consider including such proposed fee on
the Salt Lake City consolidated fee schedule.
SECTION 30. That section 18.72.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
No person, firm or
corporation shall engage in the business of moving any building or structure
along, upon, over or across any street or highway within the city without first
having obtained from the license office a house mover's license. The license fee
for a house mover shall be as set forth on the Salt Lake City consolidated fee
schedule and shall be payable to the city treasurer prior to January 1 of each
year
SECTION 31. That this ordinance shall become effective ten (10) days after the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 12th day of July, 2016.
Bill No. 46 of 2016.
Published: July 20, 2016.