The URL can be used to link to this page

Home My WebLink About113 of 1979 - Adding chapter 36 specifying license and business regulations for apartment houses. ROLL CALL VOTING MEI Salt Lake City,Utah, July 31 ,19 79 ®■Mr.Chairman,— Agraz 77. 11111111111 I move that the Ordin ce be sed. Greener ENE H Campbell ®• Phillips 11110 Result ■■// AN ORDINANCE AN ORDINANCE AMENDING Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to license and business regulations, by, ADDING Chapter 36 relating to apartment houses. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: That Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to license and business regulation, he, and the same hereby is, amended by ADDING, Chapter 36, which relates to apartment houses, which shall read as follows: CHAPTER 36 APARTMENT HOUSES Sections: 20-36-1. Definition. 20-36-2. License required. 20-36-3. License fees. 20-36-4. Application for license. 20-36-4.1. Restrictions for issuance of license. 20-36-5. Investigations by Planning Department. 20-36-5.1. Investigation by Fire Department. 20-36-5.2. Investigation by Building_ and Housing Services. 20-36-6. Issuance of license. 20-36-7. Penalty for violation. 20-36-8. Severability clause. Sec. 20-36-1. Definition. "Apartment House" or "Apartment" shall mean any building so arranged, de- signed, built, rented, loaned, let or hired out to be used or occupied as the home, residence, or dwelling unit of five or more families living incbpendently of each other. Sec. 20-36-2. License required. It shall be unlawful for any person, firm, corporation, or association as owner, lessee, or agent thereof, to keep, conduct, operate or maintain any apartment house within the 113 limits of Salt Lake City, or cause or permit the same to be done, unless said person, firm, corporation, associa- tion or partnership holds a current, unrevoked operating regulatory business license under this Chapter. A sepa- rate license shall he required for each structure unless the same are part of a complex located upon the same parcel of property owned by the same property owner in which case the structures may he combined for license purposes. Licenses shall be issued on a calendar year basis beginning January 1, 1980, as provided in Section 20-1-3 of this Title, unless sooner revoked. Said licenses are not transferrable between parties or struc- tures and parties holding such licenses shall give notice in writing within forty-eight hours to the License Department after having transferred or otherwise disposed of the legal or equitable control of any pre- mises licensed under these provisions. Such notice of transferred interest shall be deemed a request to trans- fer the business license and shall include the name, address, and information regarding parties succeeding to the ownership of control of the premises as required under Section 20-36-4. Sec. 20-36-3. License fees. The license fee for an apartment house regulatory business license shall be the sum of $15 per year or any part thereof. Sec. 20-36-4. Application for license. An appli- cation for an apartment house business regulatory license shall be made to the License Department of Salt Lake City and shall contain the following information. (1) The location and address of said apartment house. (2) The number of the units located in said apartment house. -2- 1.13 (3) The name, address, and telephone number of each of the following: The applicant, the owner of the fee title interest, the owners of any equitable interest, the local operating agent, the resident manager, and the designation of a legal representative and anent for service of each corporate and out of state resi- dent owner, who must reside in the state of Utah. (4) The signature of the owners of the premises, and the operator if different, agreeing to comply with applicable ordinances and to authorize inspections as provided for below. Sec. 20-36-4.1. Restrictions for issuance of licenses. No operating regulatory license shall he issued or renewed for a City nonresident applicant un- less such applicant formally designates in writing with a power of attorney in the name of his resident agent for receipt of service for notice of violation of the provisions of this Chapter or any other applicable ordinances, and for service of process pursuant to this Chapter acknowledged by said agent. No operating regu- latory license shall he issued or renewed for an apart- ment house unless the applicant, owner and operator agree as a condition precedent by signing the license application to such inspections and Salt Lake City may require pursuant to Section 20-36-5, et seq., to deter- mine whether the apartment house is in compliance with applicable requirements. The failure of the applicant and/or operator to consent to such inspection shall be grounds for the denial and/or revocation of the renewal of a regulatory license. Sec. 20-36-5. Investigations by city. The or.ivinal application for an apartment house regulatory license -. - 1.13 and all renewals thereof shall be referred for approval to the departments listed below for investigation as to whether or not all laws, ordinances, and regulations, pertaining to life/fire safety, fire protection and prevention, and applicable codes have been and are being complied with. Sec. 20-36-5.1. Fire Department. The original appli- cation for an apartment house regulatory license and renewals thereof, shall be referred to the Fire Depart- ment for investigation as to whether or not all laws, ordinances, and regulations pertaining to life/fire safety and fire protection and prevention have been and are being complied with. The Fire Department shall report to the License Department within seven days as to the fitness of the applicant regarding compliance with said laws and ordinances and it shall further be the duty of the fire department, after license has been granted, to continually and at least annually, examine and inspect the licensed premises with regard to code compliance to approve renewal of such regulatory licenses. Should it subsequently appear that any law or ordinances be violated, such fact shall be at once reported to the License Department at which time said Department will inform the Commission and take action in regards to the revocation of said license as the Board of City Commissioners deems just and proper. Sec. 20-36-5.2. Investigation by Building and Housing Services. The original application for an apartment house regulatory business license shall be referred to the Department of Building and Housing Services for investigation as to whether or not the requirements of the 1976 Uniform Housing Code, Uniform Building Code, -4- 11.3 and Uniform Code for the Abatement of Dangerous Build- ings, as adopted and amended in Title 5 of this Code, are being complied with. The Building and Housing Ser- vices Department shall report to the License Department within seven days as to the fitness of the applicant regarding compliance with said ordinances and regula- tions. It shall further be the duty of said Department as the license has been granted, to continually and at least once annually, examine and inspect the licensed premises with regard to building code and zoning code compliances and approve renewals of such regulatory licenses. Should it subsequently appear that any ordin- ance, regulation, or requirement of the City is beina violated, said fact shall at once be reported to the License Department at which time the License Department will inform the City Commission and take action in regards to the revocation of said license as the Board of City Commissioners deems just and proper. Sec. 20-36-6. Issuance of license. The Board of City Commissioners, after receiving recommendations from the Fire Department and the Building and Housing Services Department, shall act upon the application in respect to granting or denying the same, as it shall deem lust and proper. Sec. 20-36-7. Penalty of violation. Notwithstanding any other provision in this chapter, any person or party who violates any provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof may be imprisoned for a period not to exceed six (6) months, be fined in an amount not exceeding $299, if the defendant is an individual or the greater amount of $2,000, in the event the defendant is a corporation, -5- 11_i3 association or partnership, or he both so imprisoned and fined. Sec. 20-36-8. Severability. If any part of this section or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to he unconstitutional or invalid, such judgment shall not effect, impair or invalidate the remainder of this law or the application thereof to other persons and circumstances, but shall be confined in its operation to the section, subdivision, sentence or part of the sentence involved and the person and circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to the intent of the Board of City Com- missioners that this section would have been adopted if such valid section, provisions, subdivision, sentence, or portion of such sentence or application had not been included. SECTION 2. Effective date. This ordinance shall be effec- tive thirty (30) days after the date of its first publication. However, it is the intent that apartment houses subject to this Title may obtain licenses beginning January 1, 1980, but that the City will not prosecute any actions under Section 20-36-2 until the licensing year beginning January 1, 1981. Passed by the Board of City Commiss' ers of Salt Lake City, Utah, this 31st day of July , 9•� MAYOR CITY RECORDER (SEAL) BILL NO. 113 of 1979 Published August 7, 1979 -6- 113 Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake AN ORDINANCE Shama D. Conaty AN ORDINANCE AMENDING Title 20 of Me Revised Ordinances of Salt Lake City,Ulah,1965,relating to license end bus„sr houses. by. AWING Chanter 36 relating to apaCItiBUtahordained That Title 2 of the R Board e�setdpor'dloenv«ow Salt Lake Beingfirst duly deposes and says that he is legal Cil,aUtah, 1965.nna amended, e aeon n'dae 1prelabvn is t<a°e° bn,dittrgt• �, e sworn, P Y g" ctstI 36,whiCIh relate no apartment houses,whist shall read advertising clerk of the DESERET NEWS, a daily as follows: CHAPTER36 (except Sunday) newspaper printed in the English Sections: APARTMENTHDusCS Ianguage with general circulation in Utah, and 20F36-1. Definition. 3. License bed. published in Salt Lake City, Salt Lake County, in the �3366--4.1.Restrictionses a fork ounce of license. State of Utah. 26365. Investlgatlans by Planning Department. 2636-5.1.Investigation by Fire Department. 20-36-5.2.havesMgaMon-by Bending and Housing Services. That the legal notice of which a copyis attached hereto 20- 7. Penalty far violaattion. g 1636-8. Severablllty clause. shell mean any building so arranged,designed,built,rented, Pub notice to amend an ordinance relating to loaned,let or hired out-to be used or occupied as the holm, residence,or&failing will of five or more families living ,'d1Vde.2MIe a each altar. Sac.20.362.Live ne required.It shall be unlawful for any apartment houses person,firm,corporation,or association as owner,lest or arson thereof, to keen, duct, operrata leteln any ap permit within M e limits of Sall Lake City,or ruse r It be done mess said person,�hrn, corporation,association partnership holds 1. uereveked marefl regulatory a newts Ikons.'under this Chapter.A separate shall be ronul red for each structure unless the same lire part of a complex located Moon Me same parcel of property owned by th santepro e pert ay o mar be which case the structures may be combined for license Purposes. Cinemas shall be Issued a lender year basis beginning January 1,1980 a prWltled In Section 261-3 a Mrs TMI,unless sooner revoked.Bad llcoews are not ou me sloe.de hai+p,., Partis or structures and parties holdim own licensee shall BLUE, notice In writing with fortyelMft loura tg the License tanM or Department after having red otherwise dlwOsed of rlie lapel a eputable centre of any prdni9ea'Mead elder treere eisl=S c a1 aMrequest lo transfer Me,W ess'int."..e.'htal and ,. was published in said newspaper on Aug. 7, 1979 • Includes e I1150 oe e1M1 apodwddrrr�peepamn,p WM nrn,a i n regaMeng Dart ies uooee n to Seetlas26-3hi Me Ilea Sec.ill33y63.IJcen se fen.The license fee for an apartment liaise regulatory businese license shah be themes of 515 per year I - ar any Dart thereof. ( / Sec.20-36-4.Application for license.An application for an' ` (\ I'. r i epertrelent house business regulatory license shell berrladetoite - , . ,A ., - 1 ` . .� 'Llcenx Department al San Lake Cty awl shall contain the Yollowirp° non. Legal Advertising(Clerk (1)The location and address of sold near-Mere tatise Y. (2)The numb,al he units l pins�idM l (3)The name address,and acar to tee tlfr rat nteecn of Hte following,The moll.,Mho owner of the fee tiate coating eree Me the resit rtbtr uM d thel esigast,the g ation a e le gal I magent,t}i�ve and were for service a each state ofte and out a state resider nee me this ,1.7.th day of owner,who must reside In stale (Halt (4)The signature of the(wales of the premises,end the *Perot, if different, agreebp to comply with upl h lrable ordinances and to authorise inspections as pvided for below. A.D. 19.7.9.— Sec. 2636J.1. Reslritiimp for Iseance o1 aides. 1b °aeratinig regulatory Rase shall be issued or renewed for&Cif nonresident applicant unless tech applicant formally es the writing with a power of attorney in o name of hisis resident agent for receipt of service for notice re v)olanon of the provisions of this Chapter or any other applicable ordinances, ./ ny and for serviraor Process pursuantto this Chant by sold egant IMi operate Ip regulatory Me as Chant, cos er'rior d f/ operated for en as a condition tiousa Me y shining him l°Int`�`e �,. �. -,,1 „f l..1... !l.., :...(...:.s:l., operator agtoe c a cedillpa1gprecedent dItbr City may ply ucosa Pu'rss�to Section 0-36.5 el gag., Lake determine Wattle the Notary Public Neartment hope Is In armpta with epplicalta reauhernooM.' The failure of lthe oruo applicant and/or operator to.consent to sues tp renewal on shall be grounds for the dotal old/or resc tion o5 sec. eueea. issuanceof PIP Board t City the renewal of a regulatory llcerim. Commissiaers,after reeiving recommendationsl from the Fire Sec.20-365.Investigations by ty,The original application Department and ethea Building and Housing Services Dena dine!, for an herfnent ouse regulate,license and nhs r tow is shall Mt upon the application in respect to aranflne or denying Hereof shall be referred for approval to the dependents o epnts Ilse d the same,as it shall deem lust and proper. below for investigation as to whether or not all laws,ordinances, Sec.2636-7.Penalty of violation.or partstandire any other and regulate.,pertainlm to life/fire safely,fire protection and provisio In this chanter, shall party violates any revention,end applicable codes have been and are being of this Chapter shall be deemed gully of complied with. misdemeanor and upon conviction Hereof may be en omoned for Sec.2636-5.1.Fire Department.The original iepmicatlon�• a period not to exceed six fa)months,be Bond in n amount not apartment horse regulatory license and renewals Meeft'' v exceeding 3299,f the defendant is an individual or or greater anesh II are referred to the Fire Deparhnerd for investigation as to amount of S2,000,in-the event the defendant is a corporation, whetYter or not all laws,ordinances,apd regulation pertaining to association or partnership,or be both so imprisoned and fired. life/fire safely and fire protection and preveala have boat and Sec.onitle.Severablity.If any part of this section or the being compiled with.The Fine pd as to report totho tion thereof M any person or circumstances,shall for any License Department will,seven days as to the fitness of cgs reasonbe adludged by a court of competent shall iction to be applicant regarding ponplladot with said Iowa and ordinances unconstitutional or Invalid, sorb lodgment shall not effect, and It shall further be the duty of the fire d least en,after !Moak-or invalidate tne remainder of this law or the awakened icense has been granted,to continually and at least annually, thereof tooter persons and circumstances,but shall be centred e I,and t Inspect to licensed premises with regard to code in its°merlon tote section,subdivision,sentence or part of the exert, to approve renewal of such regulatory bases, sentence Involved and Me cersan and circumstances directly Should it whsaa t appear that any law or ordinances be Ivolved In the controversy in which such lodgment shall have violated,such fact shall be at once reported tot to License been rendered.1t Is hereby declared to the Ihnvp of Ito Boarder epartment at which time said Department will inform'the City Commissioners that this seethe would have been adopted if Commission and take action In regards to the-reVacation of said sect vol id section,provisions subdivision,sentence,xwrtion et license•as The Board of Cho Commissioners deems lush and such sentence or a weat on Fred not been Included. v- Prager. SECTION 2.ftet Effective date.This npublication: ordinance shall be effective Sec. Silo20.36-5.2. Investigation by Building and'Housing 'IsthIrN the days after the date of ifs first publication.However,it Services.Siva f ense apl(be m fa aparhnem house regular- i Is the tent Mat apartment houses sullied Ito-this Title may ory business license shall be termed to the Dm/alinet of i obtain licenses beginning January 1,1980,but the}the City will Building and Halving Services for Investigation as to whether or not prosecute any actions under Section 20362 until Men dens)» not the requirements of the 1976 Uniform Hauslm Code,Uniform year beginning January 1,1981. Building Code, and Uniform code for Me Abatement of Passed by the Board of City Commissioners of Salt Lake Code, Buildings,as adopted and emend,'In TIIIe 5 of tint!. icily.Utah.Mls 31st day of July,19/9. Cate r beim compiled with. The Building and Housing I TEL)L.WILSON Services IMInsevenDepartment as to 111 report nnstothe License•Departmit the applicant fatier IMILDRED V.HIGHAM Mayor I compliance with said ordinances and regulations.It shell further 'City Recorder I be the duty of mid Daas owe as the license has been Icspucd,to (SEAL) continually and at least mice annually,exempla and Inspect the BILL NO.113 of 1979 'lased premises with regard to building a .and Toning code ,PeblI Igid-y1Mgest 7,1979 (CP3) compliances and a Is of such reglatory Ikensee.• ShouldregU Iteeuu yvay is r that any ordinance,regulation,a be recanted to the Lart of the ose Depaalment violated,whlich latd fact e the License Department will Inform the City Catmissia and take action in Cegards to e revocation of said license as the Board of city the deep's lust end prober. 74 tf