053 of 2020 - Demolition of Dangerous or Boarded BuildingsSALT LAKE CITY ORDINANCE
No. 53 of 2020
(Amending Section 2.21.030; Repealing Chapter 18.48 and Enacting Chapter 18.48, Articles I
and II; Amending Chapter 18.64, Article I and Enacting Chapter 18.64, Article II)
An ordinance amending Section 2.21.030, repealing Chapter 18.48 and enacting Chapter
18.48, Articles I & II, and amending Chapter 18.64, Article I and enacting Chapter 18.64, Article
II of the Salt Lake City Code; and
WHEREAS, it is proposed that Section 2.21.030 of the Salt Lake City Code relating to
appeals, be amended to clarify the appeals authority of the Housing Advisory and Appeals
Board;
WHEREAS, it is proposed that Chapters 18.48 and 18.64 of the Salt Lake City Code
relating to dangerous buildings and demolition be amended to modify the requirements for
boarding, abatement, and demolition of dangerous buildings and structures, adequately describe
what constitutes a dangerous and/or boarded building, and what constitutes emergency
demolition;
WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 28,
2018 at which the planning commission voted in favor of forwarding a positive recommendation
to the Salt Lake City Council on said application; and
WHEREAS, after a public hearing on this matter, the city council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
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SECTION 1. Amending the Text of Salt Lake City Code Section 2.21.030. That Section
2.21.030, of the Salt Lake City Code (Administration and Personnel: Housing Advisory Appeals
Board: Powers and Authority) shall be amended to read as follows:
2.21.030: POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
of this code;
C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
18.50 of this code, 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 hearings pursuant to Title 18, Chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding
housing to the city council; and
F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
SECTION 2. Repealing and Replacing the Text of Salt Lake City Code Chapter 18.48,
Article I. That Chapter 18.48, Article I, of the Salt Lake City Code (Buildings and Construction:
Dangerous Buildings: Code Adoption and Administration) shall be and hereby is repealed in its
entirety and replaced as follows:
Article I. Repair, Vacation, or Boarding of Dangerous Buildings
18.48.010: Title:
18.48.020: Purpose and Scope:
18.48.030: Definitions:
18.48.040: Authority to Enforce:
18.48.050: Procedure Upon Determination of a Violation:
18.48.060: Notice to Vacate:
18.48.070: Extension of Time to Perform Work:
18.48.080: Appeals:
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18.48.090: City’s Abatement of Property:
18.48.100: Recovery of Costs:
18.48.110: Applicability of Building Code:
18.48.120: Public Nuisances:
18.48.010: TITLE:
This chapter and the provisions included herein constitute Salt Lake City’s Dangerous
Building Code, and will be referred to hereinafter as “the Dangerous Building Code” or “this
Code.” This Code is modeled after the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, and has only been adopted as stated herein.
18.48.020: PURPOSE AND SCOPE:
It is the purpose of the Dangerous Building Code to provide just, equitable, and practicable
methods to require the repair, vacation, or temporary boarding of buildings or structures that
endanger the life, limb, health, morals, property, safety, or welfare of the general public or
their occupants. The provisions of this Dangerous Building Code are cumulative and in
addition to any other remedy provided by law.
18.48.030: DEFINITIONS:
A. BUILDING CODE: The International Building Code, or its successor, promulgated by
the International Code Council, as adopted by the state.
B. BOARDED BUILDING: A building in which accessible openings, such as windows and
doors, are secured by a secondary means against entry. Examples of securing a building
by a secondary means includes, but is not limited to, boarding and fencing.
C. DANGEROUS BUILDINGS: For the purpose of this Dangerous Building Code, any
building or structure that has any or all of the conditions or defects hereinafter described
may be deemed to be a dangerous building, provided that such conditions or defects exist
to the extent that the life, health, property, or safety of the public or its occupants are
endangered.
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of
exit in case of fire or panic.
2. Whenever the walking surface of any aisle, passageway, stairway or other means of
exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and
adequate means of exit in case of fire or panic.
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3. Whenever the stress in any materials, member or portion thereof, due to all dead and
live loads, is more than one and one half times the working stress or stresses allowed
in the Building Code for new buildings of similar structure, purpose or location.
4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or
by any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or
location.
5. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property.
6. Whenever any portion of a building, or any member, appurtenance, or ornamentation
on the exterior thereof is not of sufficient strength or stability, or is not so anchored,
attached, or fastened in place so as to be capable of resisting a wind pressure of one
half of that specified in the Building Code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted in the Building
Code for such buildings.
7. Whenever any portion of a building or structure has wracked, warped, buckled, or
settled to such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting such
building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other
cause, is likely to partially or completely collapse.
9. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
10. Whenever the exterior walls or other vertical structural members list, lean, or buckle
to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one third of the base.
11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or
more damage or deterioration of its supporting member or members, or 50 percent
damage or deterioration of its non-supporting members, enclosing or outside walls or
coverings.
12. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become an attractive
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nuisance to children or as to enable persons to resort thereto for the purpose of
committing unlawful acts.
13. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this jurisdiction, as specified in the
Building Code or Housing Code, or of any law or ordinance of this state or
jurisdiction relating to the condition, location, or structure of buildings.
14. Whenever any building or structure which, whether or not erected in accordance with
all applicable laws and ordinances, has in any non-supporting part, member or portion
less than 50 percent, or in any supporting part, member or portion less than 66 percent
of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-
resisting qualities or characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location.
15. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction
or arrangement, inadequate light, air or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human habitation, or in
such a condition that is likely to cause sickness or disease.
16. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other cause, is
determined by the fire marshal to be a fire hazard.
17. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
18. Whenever any portion of a building or structure remains on a site after the demolition
or destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
D. DIVISION: Salt Lake City’s Division of Building Services, or the successor Salt Lake
City division authorized to perform the repair, vacation, or boarding of a building under
this chapter.
E. HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as
promulgated in Chapter 18.50 of the City Code.
F. VACANT/SECURE BUILDING: An unoccupied building having all openings, such as
windows and doors, secured against entry, where windows are fully glazed and the doors
are secured by means of a lock.
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18.48.040: AUTHORITY TO ENFORCE:
A. Authority to Enforce: The building official or designee is hereby authorized to enforce
the provisions of this Dangerous Building Code. The building official shall have the
power to render interpretations of this Dangerous Building Code and to adopt and enforce
rules and supplemental regulations to clarify the application of its provisions. Such
interpretations, rules, and regulations shall be in conformity with the intent and purpose
of this Dangerous Building Code.
B. Authority to Inspect: The building official or their designee is hereby authorized to make
inspections and take such actions as may be required to enforce the provisions of this
Dangerous Building Code.
C. Buildings or Structures Subject to Inspection: Any building or structure, where there is
reasonable cause to believe a condition exists that renders the building or structure in
violation of the provisions of this code, is subject to inspection by the building official or
their designee in the manner provided by this Dangerous Building Code.
D. Inspection When Permit Required: All construction or work for which a permit is
required is subject to inspection by the building official or their designee in accordance
with and in the manner provided by this Dangerous Building Code.
E. Inspections: The building official or their designee may enter a building or structure at
reasonable times to inspect or to perform the duties imposed by this Dangerous Building
Code.
1. If the building or structure is occupied, the building official or designee shall present
credentials to the occupant and request entry.
2. If the building or structure is unoccupied, the building official or their designee shall
make reasonable efforts to locate the owner or other persons having charge or control
of the building or premises and request entry.
3. If entry is refused, the building official or their designee shall have recourse to the
remedies provided by law to secure entry.
18.48.050: PROCEDURE UPON DETERMINATION OF A VIOLATION:
A. Initiation of Action: When the building official has inspected or caused to be inspected
any building and has found and determined that such building is a dangerous building,
the building official shall commence proceedings to cause the repair, vacation, or
boarding of the building.
B. Form of Notice and Order: The building official shall issue a written notice and order
directed to the record owner of the building.
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1. The notice and order shall:
a. Identify the property owner of record according to the records of the Salt Lake
County Recorder;
b. Describe the property and contain a statement that the building official has found
the building to be dangerous with a brief and concise description of the conditions
found to render the building dangerous under the provisions of this code; and
c. Require the property owner to take action as determined by the building official.
i. If the building official has determined that the building or structure must be
repaired or boarded, the order shall require that all required permits be secured
and the work physically commenced within such time as the building official
shall determine is reasonable under all of the circumstances, which time shall
not be less than 10 days from the date after the day the notice is delivered in
person or postmarked.
ii. If the building official has determined that the building or structure must be
vacated, the order shall require that the building or structure shall be vacated
within a time certain from the date of the order as determined by the building
official to be reasonable, which time shall not be less than 10 days from the
date after the day the notice is delivered in person or postmarked.
d. A statement that, if any required repair work not also requiring the vacation of
property is not commenced within the time specified in Subsection
18.48.050.B.1.c.i, the building official will order the building vacated and posted
to prevent further occupancy until the work is completed and may proceed to
cause the work to be done and recover the costs as set forth in Section 18.48.100.
e. A statement that (i) any person having any record title or legal interest in the
building may appeal from the notice and order of the building official, except for
an objection from an itemized statement of costs, to the Housing Advisory and
Appeals Board as established in this chapter, provided the appeal is made in
writing as provided in this code and filed with the building official within 30 days
from the date of service of such notice and order; and (ii) failure to appeal will
constitute a waiver of all right to an administrative hearing and determination of
the matter.
C. Service: The written notice and order, and any amended or supplemental notice and
order, shall be served on the property owner of record according to the records of the
county recorder. Service shall be made in person or by certified or commercial courier
service. The failure of any such person to receive such notice shall not affect the validity
of any proceedings taken under this section. Service by certified mail in the manner
herein provided shall be effective on the date the notice and order are postmarked.
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D. Proof of Service: Proof of service of the notice and order shall be certified at the time of
service by a written declaration under penalty of perjury executed by the persons
effecting service, declaring the time, date, and manner in which service was made. The
declaration, together with any receipt card returned in acknowledgment of receipt by
certified mail or commercial courier service shall be affixed to the copy of the notice and
order retained by the building official.
E. Recording of Certificate: If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the building official shall file in
the office of the county recorder a certificate describing the property and certifying (i)
that the building is a dangerous building and (ii) that the owner has been so notified. If
the actions ordered are completed after filing of this certificate or the building is
demolished so that it no longer exists as a dangerous building on the property, the
building official shall file a new certificate with the county recorder certifying that the
building has been demolished or all required corrections have been made so that the
building is no longer dangerous, whichever is appropriate.
18.48.060: NOTICE TO VACATE:
A. Form of Notice: Every notice to vacate shall, in addition to being served as provided in
Section 18.48.050, be posted on the exterior of the building and shall be in substantially
the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
……of……
Salt Lake City
B. Compliance with Notice to Vacate: No person shall remain or enter any building which
has been so posted, except that entry may be made to repair or board. No person shall
remove or deface any such notice after it is posted.
18.48.070: EXTENSION OF TIME TO PERFORM WORK:
Upon a timely written request by the owner setting forth the requested reasons for an
extension of time, the building official or designee may grant an extension of time, not to
exceed 120 days from the deadline set forth in the original notice and order, within which to
complete said repair, vacation, or boarding, if the building official determines that such an
extension of time will not create or perpetuate a situation imminently dangerous to life or
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property. The building official’s authority to extend time is limited to the physical repair,
vacation, or boarding of the premises and will not in any way affect the time to appeal the
notice and order.
18.48.080: APPEALS:
A. Hearing Appeals: Timely written appeals of notice and orders or any action of the
building official, except for an objection from an itemized statement of costs, shall be
heard and decided by the Housing Advisory and Appeals Board.
B. Form of Notice: Any person entitled to service under Section 18.48.050 may appeal from
any notice and order or any action of the building official under this code by filing at the
office of the building official a written appeal containing:
1. A heading containing the words: "Before the housing advisory and appeals board
______";
2. A caption reading: "Appeal of _______," giving the names of all appellants
participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the
building or the land involved in the notice and order;
4. A brief statement in ordinary and concise language of the specific order or action
protested, together with any material facts claimed to support the contentions of the
appellant;
5. A brief statement in ordinary and concise language of the relief sought and the
reasons why it is claimed the protested order or action should be reversed, modified
or otherwise set aside;
6. The signatures of all parties named as appellants and their official mailing addresses;
and
7. The verification (by declaration under penalty of perjury) of at least one appellant as
to the truth of the matters stated in the appeal.
C. Time to File an Appeal: The appeal must be filed within 30 days from the date of the
issuance of the notice and order described herein, except as provided in Subsection D.
D. Time to File an Appeal for an Imminently Dangerous Building: If the building or
structure is in such condition as to make it immediately dangerous to the life, limb,
property or safety of the public or adjacent property and is ordered vacated and is posted
in accordance with Section 18.48.060, such appeal shall be filed as soon as reasonably
practical from the date of the issuance of the notice and order of the building official.
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E. Transmittal of Appeal: Upon receipt of any appeal filed pursuant to this section, the
building official shall transmit the appeal to the members of the Housing Advisory and
Appeals Board for scheduling of a meeting within 30 days of receipt of a timely appeal.
F. Scheduling Hearing: As soon as practicable after receiving the written appeal, the
Housing Advisory and Appeals board shall fix a date, time and place for the hearing of
the appeal by the board. Such date shall not be less than 10 days nor more than 30 days
from the date the appeal was filed with the building official, unless extraordinary
circumstances are present. Written notice of the time and place of the hearing shall be
given at least 10 days prior to the date of the hearing to each appellant by the secretary of
the board either by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the
address shown on the appeal.
G. Failure to Timely Appeal: Failure of any person to file a timely appeal in accordance
with the provisions of this code shall constitute a waiver of the right to an administrative
hearing and adjudication of the notice and order or any portion thereof.
H. Issues Considered on Appeal: Only those matters or issues specifically raised by the
appellant shall be considered in the hearing of the appeal.
I. Stays Pending Appeal: Except for vacation or boarding orders made pursuant to Section
18.48.050, enforcement of any notice and order of the building official issued under this
Dangerous Building Code shall be stayed during the pendency of an appeal therefrom
which is properly and timely filed.
J. Authority to Hear and Evaluate Appeal: The Housing Advisory and Appeals Board shall
have the authority to hear and evaluate evidence related to the building official’s decision
and determine whether the decision was arbitrary and capricious or illegal. The Housing
Advisory and Appeals Board has no authority relative to interpretation of the
administrative provisions of this code nor is the board empowered to waive requirements
of this code. After the Housing Advisory and Appeals Board makes a final determination,
they shall issue a written determination.
K. Appeal to Utah District Court: After issuance of a final written determination by the
Housing Advisory and Appeals Board, the decision may be appealed to the Utah District
Court, Third Judicial District within 30 days from the issuance of the decision.
18.48.090: CITY’S ABATEMENT OF PROPERTY:
If the property owner does not comply with the order within the time specified in the notice
and order and no appeal has been properly and timely filed, the building official or designees
may cause the building to be repaired, vacated, or boarded to the extent necessary to correct
the conditions which render the building dangerous as set forth in the notice and order. Any
such repair, vacation, or boarding shall be completed and the cost thereof paid and recovered
as set forth in this code.
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18.48.100: RECOVERY OF COSTS:
A. Permitted Recovery of Costs: If the building official or designee causes the repair,
vacation, or boarding of a building pursuant to a notice issued under Section 18.48.050,
the division may collect the cost of that abatement, by filing a property tax lien, as set
forth in this section.
B. Itemized Statement of Costs: Upon completion of the repair, vacation, or boarding work,
the building official or designee shall prepare an itemized statement of costs and mail it
to the property owner by certified mail, demanding payment within thirty (30) days of the
date the statement is post marked.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall:
1. Include:
a. the address of the property at issue;
b. an itemized list of all expenses incurred by the division, including administrative
costs;
c. a demand for payment; and
d. the address where payment is to be made;
2. Notify the property owner:
a. that failure to timely pay the expenses described in the itemized statement may
result in a lien on the property in accordance with this chapter and Utah Code
Section 10-11-4 or its successor;
b. that the property owner may file a written objection to all or part of the statement
within twenty (20) days of the date the statement is postmarked; and
c. where the property owner may file the objection, including the name of the office
and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in Subsection
C shall be deemed delivered when mailed by certified mail addressed to the last known
address of the property owner, according to the records of the county recorder.
E. Objection to Statement of Costs: If the property owner files a timely written objection,
the division will schedule a hearing and will mail or deliver to the property owner prior to
the hearing a notice stating the date, time, and location of the hearing. A fines hearing
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officer, appointed pursuant to Section 21A.06.090, shall preside at the hearing and
consider the property owner’s objection as set forth in Subsection F.
F. Objection Hearing: At the hearing described in Subsection E, after the property owner
presents the objection to the hearing officer, the fines hearing officer shall review and
determine the cost of abatement incurred by the division in abating the property,
including administrative costs. The property owner must pay any amount the fines
hearing officer determines is due and owing to the Salt Lake City Treasurer at the address
provided in the statement of costs within thirty (30) days of the date of the hearing.
G. Failure to Object or Pay: If the property owner fails to make payment of the amount set
forth in the itemized statement within thirty (30) days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs
and expenses to the Salt Lake County Treasurer.
H. Failure to Pay After Objection Hearing: If the property owner files a timely objection but
fails to make payment of any amount found due and owing under Subsection F within
thirty (30) days of the date of the hearing, the inspector may certify the past due costs and
expense to the Salt Lake County Treasurer.
I. Lien on Property: After entry by the treasurer of the county, as set forth in Subsections G
and H, the amount entered shall have the force and effect of a valid judgment of the
district court, is a lien on the property, and shall be collected by the treasurer of the
county in which the property is located at the time of the payment of general taxes.
J. Release of Lien: Upon payment of the amount set forth in the itemized statement of costs
or otherwise determined due and owing by the hearing officer in Subsections E and F, the
judgment is satisfied, the lien is released from the property, and receipt shall be
acknowledged upon the general tax receipt issued by the treasurer.
18.48.110: APPLICABILITY OF BUILDING CODE:
All buildings or structures which are required to be repaired under the provisions of this code
shall be subject to the provisions of the International Building Code, or its successor section.
18.48.120: PUBLIC NUISANCES:
A. Declaration and Abatement of Public Nuisances: All buildings or structures or portions
thereof which are determined after inspection by the building official to be dangerous as
defined in this code are hereby declared to be public nuisances and shall be abated by
repair, vacation, or boarding in accordance with the procedures specified herein.
B. Boarded Building as Public Nuisance: Any structure which has been boarded for over
two (2) years may be declared to be a public nuisance as detrimental to the safety and
public welfare of the residents and property values of this city.
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SECTION 3. Repealing and Replacing the Text of Salt Lake City Code Chapter 18.48,
Article II. That Chapter 18.48, Article II, of the Salt Lake City Code (Buildings and
Construction: Dangerous Buildings: Temporary Securing of Buildings) shall be and hereby is
repealed in its entirety and replaced as follows:
Article II. BOARDING OR TEMPORARILY SECURING BUILDINGS
18.48.200: SCOPE AND APPLICABILITY:
18.48.205: BOARDING PERMIT:
18.48.210: INITIAL FEES:
18.48.215: YEARLY FEES:
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
18.48.225: METHOD OF SECURING BUILDINGS:
18.48.230: LANDSCAPE MAINTENANCE:
18.48.235: EXTERIOR MAINTENANCE:
18.48.240: SNOW AND ICE REMOVAL:
18.48.245: CITY MAINTENANCE OF PROPERTY:
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
18.48.255: VIOLATIONS:
18.48.260: BUILDING INSPECTIONS REQUIRED:
18.48.200: SCOPE AND APPLICABILITY:
The provisions of this article apply to any person or entity who is ordered to board a building
under Article I and any person or entity who voluntarily boards a building.
18.48.205: BOARDING PERMIT:
A. Permit Required: A permit is required to board a building. In the case where the city
causes the boarding work to be done pursuant to Section 18.48.245, the city is not
required to obtain a boarding permit.
B. Form of Permit: Permits for boarding a building must be applied for on a form provided
by the building official or designee. The form shall specify the following:
1. The address of the structure to be boarded or temporarily secured;
2. The type of building;
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3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the number of square feet of all building faces at ground
level;
5. The name, address, and telephone number of a person authorized to act as an agent
for the owner for performing the owner’s obligations under this article, who lives
within forty (40) miles of Salt Lake City; and
6. Whether the property has the required external water source for landscaping, if
landscaping is required.
18.48.210: INITIAL FEES:
For the first year of any boarding, at the time of filing the application, the applicant shall pay
the fees shown on the Salt Lake City consolidated fee schedule for each structure.
18.48.215: YEARLY FEES:
A. Annual Fee: On or before each yearly anniversary of the issuance of a boarding permit, a
property owner desiring to maintain a boarded building shall pay the annual boarding fee
shown on the Salt Lake City consolidated fee schedule.
B. Late Fee: A late fee of twenty five dollars ($25.00) shall be assessed by the city for each
thirty (30) days, or any portion thereof, in which the annual fees have not been paid up to
amounts allowed by state law.
C. Failure to Obtain Permit: Boarding a building before obtaining a permit pursuant to this
article shall result in a fine of up to twenty five percent (25%) of the boarding application
fee specified in the Salt Lake City consolidated fee schedule.
D. Collection of Fees: If the property owner fails to pay either the initial boarding fees or
the annual boarding fees, the city may take legal action to collect any amounts owed.
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
Whenever a building is boarded or closed to occupancy, the city shall be authorized to install
a sign to be mounted on the exterior of the building. The sign shall state that the building is
closed to occupancy and that it is unlawful for any unauthorized person to enter the building.
The sign shall also provide phone numbers to call if people are seen on the property or if
doors or windows are unsecured.
18.48.225: METHOD OF SECURING BUILDINGS:
All buildings shall be boarded in the following manner:
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A. Securing Opening: All openings in the structure on the first floor, other openings easily
accessible from the ground, and openings with broken glass, shall be secured either by
erecting a single one-half inch (1/2") thick layer of plywood sheathing or similar
material, not to include chipboard/OSB, covering over all exterior openings, overlapping
the opening on every edge by three inches (3"), affixed along the edges by nails or screws
spaced every six inches (6").
B. Alternatives to Securing Openings: Alternately, the openings may be secured by
conventional wood frame construction. The frames shall use wood studs of a size not less
than two inches by four inches (2" x 4") (nominal dimension) placed not more than
twenty four inches (24") apart on center. The frame stud shall have the four inch (4")
sides or the wide dimension perpendicular to the face of the wall. Each side of the frame
shall be covered with plywood sheathing or similar material of at least one-half inch
(1/2") thickness or equivalent lumber nailed over the opening by using nails or screws
spaced every six inches (6") on the outside edges and every twelve inches (12") along
intermediate stud supports; and
C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door adequately
locked to preclude entry of unauthorized persons, or shall be covered as an opening
described in Subsection A or B of this section or successor sections.
18.48.230: LANDSCAPE MAINTENANCE:
Existing landscaping and lawn on the property shall be maintained in the manner otherwise
required by Chapters 9.16 and 21A.48.
18.48.235: EXTERIOR MAINTENANCE:
A. Exterior of Building: The exterior of a boarded building shall be maintained as required
by relevant requirements set forth in Section 18.50.140 of this title. In particular, exterior
walls and surfaces shall be properly maintained and severely weathered, peeling, or
unpainted wood and damaged siding and roofing shall be replaced or repaired with
similar materials and colors.
B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes, railings,
posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
interior of a boarded building shall not be salvaged except upon the issuance of a permit
as provided in Section 18.64.070 of this title.
C. Enforcement of Exterior Maintenance Requirements: If the owner of a boarded building
fails to maintain the building and its premises as required by this section and
Section 18.64.045 of this title, the city may take appropriate legal action to enforce such
requirements.
18.48.240: SNOW AND ICE REMOVAL:
16
Snow and ice must be removed from public sidewalk areas surrounding the boarded property
in the manner indicated in Section 14.20.070 of this code.
18.48.245: CITY MAINTENANCE OF PROPERTY:
A. Notice: If the building official or the building official’s designee determines that a
boarded building and/or property is not being maintained, the building official or the
building official’s designee shall send a notice to the property owner and/or the property
owner’s agent requiring compliance with the building maintenance standards as required
in city code.
B. Failure to Comply with Notice: If the building official or designee determines that the
property owner has failed to comply with the notice, the city may cause the work to be
done by a contractor hired by the city.
C. City’s Recovery of Costs: The city shall bill the property owner:
1. The administrative fee shown on the Salt Lake City consolidated fee schedule to
cover the city’s administrative expenses in contracting for the building maintenance;
and
2. The actual cost of building maintenance billed to the city by the city’s contractor.
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
If the building official or the building official’s designee determines that the landscaping on
the property surrounding a boarded building is not being maintained as required by city code,
the building official or the building official’s designee shall follow the notice of violation and
corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
18.48.255: VIOLATIONS:
A. It is unlawful for the building owner to fail to maintain the boarded building or ensure the
building remains vacated after the property has been abated by either the city or the
building owner. Each day a violation occurs shall be a separate offense.
B. Violations of the provisions of this chapter are punishable by imposing a civil penalty as
provided in Section 21A.20.010 et seq., of this code.
18.48.260: BUILDING INSPECTIONS REQUIRED:
Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the building is to be inspected by the building
official or designee and a permit must be issued by building services or its successor prior to
the building owner, manager, or tenant initiating any of the above actions. Any person
17
conducting any work on a building that has been boarded or closed to occupancy must have a
valid building permit at all times.
SECTION 4. Repealing and Moving the Text of Salt Lake City Code Chapter 18.48,
Article III. That Chapter 18.48, Article III, of the Salt Lake City Code (Buildings and
Construction: Dangerous Buildings: Emergency Demolition) shall be and hereby is repealed in
its entirety and moved to Chapter 18.64 as provided in Section 5 herein.
SECTION 5. Amending the Text of Salt Lake City Code Section 18.64. That Section
18.64, of the Salt Lake City Code (Buildings and Construction: Demolition) shall be amended to
read as follows:
Article I. Demolition
18.64.005: PURPOSE AND INTENT:
18.64.010: PERMIT REQUIRED:
18.64.020: APPLICATION AND PERMIT:
18.64.030: FEES AND SIGNATURE, BOND:
18.64.040: ISSUANCE OF DEMOLITIONPERMIT:
18.64.045: DEMOLITION BY NEGLECT:
18.64.050: RESIDENTIAL DEMOLITION PROVISIONS:
18.64.070: PREDEMOLITION SALVAGE PERMITS:
18.64.080: EXPIRATION; DILIGENCE:
18.64.090: QUALIFICATIONS TO DO WORK:
18.64.100: DEMOLITION REQUIREMENTS:
18.64.110: RELATIOSHIPTO OTHER ORDINANCE:
18.64.120: VIOLATIONS:
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity of the urban
fabric and economic vitality;
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2. Provide an orderly and predictable process for demolition of buildings and structures
when appropriate;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
5. Provide for enforcement of timely completion of demolition and for improvement of
property following demolition to ensure the site is not detrimental to the use and
enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid purposeful demolition
by neglect; and
7. Encourage preservation of the city’s housing stock where appropriate.
B. A primary intent of the city council with respect to this chapter is to promote responsible
re-use of existing housing stock where practical and provide an orderly process for
demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the
council finds that it is in the public interest to require existing buildings to be maintained
in a manner that does not constitute a public nuisance until replaced by new construction,
except as otherwise permitted by this code.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same to be
demolished, without first obtaining a permit for demolition of each such building or structure
from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT
To obtain a permit for demolition, an applicant shall submit an application in writing on a
form furnished by the building official for that purpose. Each application shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
C. Describe the building or structure to be demolished including the type of use, type of
building construction, size and square footage, number of stories, and number of
residential dwelling units (if any);
D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
19
F. Indicate if fences, barricades, scaffolds or other protections are required by any city code
for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade after
demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state whether
any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new construction is
proposed following demolition, state the anticipated start date and whether any
development applications have been submitted to and/or approved by the city.
J. Affirm that the property will comply with the landscaping requirements for the zoning
district that the property is located in as required under the provisions of Chapter 21A.48.
18.64.030: FEES AND SIGNATURE:
A. The permit application shall be signed by the party or the party’s authorized agent
requesting the permit. A signature on the permit application constitutes a certification by
the signee that the information contained in the application is true and correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake City
consolidated fee schedule.
C. An additional fee for the cost of inspecting the property to determine compliance with the
requirements of this chapter and to assure the property is kept free of weeds and junk
materials shall be collected in the amount shown on the Salt Lake City consolidated fee
schedule.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. A demolition permit may be issued only upon completion of an application in accordance
with Section 18.64.020 herein; or the chief building official or fire marshal orders
immediate demolition:
1. Due to an emergency as provided in Chapter 18.64, Article II of this title; or
2. Because the premises have been damaged beyond repair because of a natural disaster,
fire, or other similar event; or
3. The chief building official or fire marshal authorizes immediate demolition because
clearing of land is necessary to remove a nuisance as defined in this code or Section
76-10-801 et seq., Utah Code or its successor.
20
B. If proposed demolition involves a landmark site, a contributing structure, or a structure
located in the H Historic Preservation Overlay District, as provided in Section
21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
compliance with applicable provisions of that section or its successor.
18.64.045: DEMOLITION BY NEGLECT:
The owner of a boarded building shall maintain the exterior of the building as provided in
Section 18.48.255, "Exterior Maintenance", of this title or its successor.
18.64.050: RESIDENTIAL DEMOLITION PROVISIONS:
A. Except as provided in Subsection B of this section, if the structure for which a demolition
permit is sought contains one or more dwelling units, whether or not occupied, the
building official shall consider the impact of the requested demolition on the housing
stock of Salt Lake City pursuant to the provisions of this section.
B. This section shall not apply to any housing which:
1. Is a nonconforming use as provided by relevant provisions of Title 21A, “Zoning”, of
this code; or
2. Is located on property for which an applicable master plan or the current zoning
envisions exclusive nonresidential use; or
3.
a. Is proposed to be demolished for health or safety reasons as provided in this
section its successors.
b. Notwithstanding Subsection B.3.a of this section, housing which is demolished
for health or safety reasons, which is the result of neglect pursuant to Section
18.64.045 of this chapter, shall be subject to the provisions of this section.
C. The building official, within ten (10) days after receipt of a demolition permit
application, shall determine whether the requested demolition will result in:
1. Construction of one or more residential units with a net loss of one or more dwelling
units; or
2. No net loss of dwelling units will occur due to the anticipated construction of new
dwelling units pursuant to an approved and issued building permit for the premises
where the demolition will occur.
D.
1. If Subsection C.2 of this section applies, the building official shall issue a finding of
no residential impact and the demolition permit may be issued.
21
2. If Subsection C.1 of this section applies, the building official shall issue a finding of
residential impact.
E. Upon making a finding of residential impact, the building official shall follow the
procedures outlined in Chapter 18.97. Once the fee is paid, the demolition permit may be
issued immediately upon completion of the application process in Section 18.64.020.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors, windows, special
glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
marble, or similar materials on the exterior or interior of any building prior to demolition
of the structure. A predemolition salvage permit may be issued only contemporaneously
with, or after, city approval of:
1. A building permit for new construction on the premises following demolition, or
2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City consolidated
fee schedule.
18.64.080: EXPIRATION; DILIGENCE:
A demolition permit shall expire forty five (45) calendar days from the date of issuance,
unless a completion date allowing more time is requested and approved by the building
official at the time of application. A demolition permit may be renewed upon request prior to
expiration with approval of the building official for one-half (1/2) of the original permit fee,
provided continuous progress is being made. If a permit is allowed to expire without prior
renewal, any subsequent request for reinstatement shall be accompanied by a reinstatement
fee equal to the original demolition permit fee.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be performed
except by a wrecking and demolition contractor having a license in good standing issued
by the Division of Occupational and Professional Licensing in the Utah Department of
Commerce.
B. Salvage work under a predemolition salvage permit may be done without a contractor’s
license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
22
A. Prior to the commencement of any demolition or moving, the permittee shall plug all
sewer laterals at or near sidewalk lines as staked out by the department of public utilities.
No excavation shall be covered until such plugging is approved by the department or by
the building official. The permittee shall further ensure all utility services to the structure
and/or premises have been shut off and meters removed prior to commencement of
demolition work.
B. When the applicant indicates the demolition will require more than thirty (30) days to
complete, and where required by the building official for the safety of the public, the
applicant shall also provide plans to fence the demolition site so that it is inaccessible to
unauthorized persons in a manner acceptable to the building official. The building official
may waive the fencing requirement if it is determined that fencing would be
inappropriate or unnecessary to protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the existing
structure(s), including the foundation and footings, be removed from the site. Unless
otherwise approved under a building permit for redevelopment of the site, the depression
caused by the removal of such debris shall be filled back and compacted to the original
grade, as approved by the building official, with fill material excluding detrimental
amounts of organic material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and removal of
required pedestrian walkways and fences, shall be completed within the permit period
unless the building official finds that any part of the foundation of building or site will
form an integral part of a new structure to be erected on the same site for which plans
have already been approved by the building services and licensing division. In such
event, the building official may approve plans for appropriate adjustments to the
completion time and may impose reasonable conditions including the posting of a bond,
erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions of Title
21A, Chapter 21A.34 of this code, dealing with demolition in historic districts, or its
successor.
18.64.120: VIOLATIONS:
A. It is unlawful for the owner of a building or structure to violate the provisions of this
chapter. Each day a violation occurs shall be a separate offense.
B. Violation of the provisions of this chapter is punishable as a class B misdemeanor or by
imposing a civil penalty as provided in Section 21A.20.010 et seq., of this code.
23
SECTION 6. Enacting the Text of Salt Lake City Code Section Chapter 18.64, Article
II. That Section 18.64, Article II, of the Salt Lake City Code is enacted to read as follows:
Article II. Emergency Demolition
18.64.130: PURPOSE:
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
18.64.150: IMMEDIATE CITY DEMOLITION:
18.64.160: EMERGENCY DEMOLITION:
18.64.170: BILL FOR COSTS; COLLECTION:
18.64.130: PURPOSE:
Notwithstanding the other provisions of this chapter, the process for demolishing buildings in
an emergency situation shall be as provided by this article.
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
If the building official determines that the walls or roof of a building or structure are
collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
fall on other structures, property, or public rights of way, or create a danger to persons who
may enter the property, or create a danger of fire, the building official may issue an order that
the building should be demolished pursuant to this article.
18.64.150: EMERGENCY DEMOLITION:
If the chief building official declares an emergency, the notification and hearing provisions of
section this chapter, or its successor, shall be waived and the building official may authorize
immediate demolition of any structure that meets the standards of Section 18.64.140 of this
chapter or its successor. The chief building official must make an emergency declaration in
writing.
18.64.160: BILL FOR COSTS; COLLECTION:
A. Upon the completion of any city demolition pursuant to this article, the city shall mail a
bill to the property owner for the city’s costs of demolition which shall include the cost of
the demolition contractor and a reasonable amount to pay the costs of city personnel
involved in the demolition.
B. If the bill is not paid within thirty (30) days, the city may take legal action to collect the
bill.
24
SECTION 7. Amending the Text of Salt Lake City Code Section 21A.06.090. That
Section 21A.06.090 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Fines Hearing Officer) shall be amended to read as follows:
21A.06.090: FINES HEARING OFFICER:
A. Creation: The position of fines hearing officer is created pursuant to the enabling
authority granted by the Municipal Land Use, Development, and Management Act,
Section 10-9a-701 of the Utah Code.
B. Jurisdiction and Authority: The fines hearing officer shall have the powers and duties
set forth in Chapter 21A.20 of this title and Subsections 18.48.100.E and 18.48.100.F.
C. Qualifications: The fines hearing officer shall be appointed by the mayor with the
advice and consent of the city council. The mayor may appoint more than one fines
hearing officer, but only one fines hearing officer shall consider and decide upon any
matter properly presented for fines hearing officer review pursuant to Chapter
21A.20 of this title or Subsections 18.48.100.E and 18.48.100.F as the case may be.
The fines hearing officer may serve terms of four (4) years each, which may be
renewed at the mayor’s discretion. The fines hearing officer shall either be law trained
or have significant experience with the requirements and operations of administrative
hearing processes.
D. Conflict of Interest: The fines hearing officer shall not participate in any appeal in
which the fines hearing officer has a conflict of interest prohibited by Title 2, Chapter
2.44 of this code.
E. Removal of The Fines Hearing Officer: The fines hearing officer may be removed by
the mayor for violation of this title, any relevant policies and procedures or any relevant
provision of state law following receipt by the mayor of a written complaint filed
against the fines hearing officer. If requested by the fines hearing officer, the mayor
shall provide the fines hearing officer with a public hearing conducted by a hearing
officer appointed by the mayor.
SECTION 8. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 17th day of November, 2020.
25
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
______________________________
CITY RECORDER
(SEAL)
Bill No. 53 of 2020.
Published: ____________________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
________________________________
Paul Nielson, Senior City Attorney
Paul Nielson (Nov 23, 2020 17:10 MST)
Chris Wharton (Nov 24, 2020 15:18 MST)
Erin Mendenhall (Nov 24, 2020 16:13 MST)
Nov 24, 2020
4
Cindy Trishman (Nov 24, 2020 18:11 MST)
Cindy Trishman (Nov 24, 2020 18:11 MST)
November 30, 2020
Ordinance 53 of 2020 - Approved 11/17/20
Final Audit Report 2020-11-25
Created:2020-11-23
By:DeeDee Robinson (deedee.robinson@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAFsXNiDzuoCouovy5VwL2x6BwjTiLNkVr
"Ordinance 53 of 2020 - Approved 11/17/20" History
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Agreement completed.
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