135 of 1978 - Adding Section 5-11-6 providing for the Housing and Advisory Appeals Board conditional permit for te ROLL CALL
•'''VOTING Aye Nay Salt Lake City,Utah, September 6 lg 78
Mr.Chairman ..
%'� I move that the Ordinanc be passed.
Agraz 9�i
Gr e r �J
Hall z /((
Phillips •
Result AN ORDINANCE G
AN ORDINANCE AMENDING Chapter 11 of Title 5 of the Revised
Ordinances of Salt Lake City, Utah, 1965, as amended, relating to
housing.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Chapter 11 of Title 5 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to housing, be,
and the same hereby is, amended by ADDING Section 5-11-6, relating
to the Housing Advisory and Appeals Board's conditional permit for
temporary securing, which shall read as follows:
Sec. 5-11-6. Housing Advisory and Appeals Board
Conditional Permit for Temporary Securing.
(a) Conditional Permit--Application and Effect. With
the prior approval or upon the order of the Housing
Advisory and Appeals Board, hereinafter "HAAB", a
conditional permit to secure a building for
temporary non-occupancy may be issued by the
Building Official subject to the conditions and
requirements set forth herein. Application for
said conditional permit to secure may be made by
the owner(s) of a building in violation of the
ordinances contained in this title, who has received
from the Building Official a Notice of deficiencies
and Order to repair or demolish. Said application
must be made within thirty (30) days of service of
said Notice and Order and must be accompanied with
a declaration of intent concerning the plans, use
and/or anticipated disposition of the building,
together with a specific date for the permit's
termination and the anticipated permit fees
established in Paragraph (c). HAAB, upon its own
motion, may approve the issuance of a permit con-
ditioned upon payment of the permit fees and com-
pliance with the provisions of this ordinance. The
issuance of such a conditional permit to secure
shall act as a temporary stay of the Notice and
Order until the permit expires, is terminated or
cancelled.
(b) Method of Physical Securing. All buildings to be
temporarily secured shall be boarded in the following
manner: Unless specified otherwise by HAAB, all
openings in the structure on the ground floor or
easily accessible from the ground floor shall be
secured either by erecting a single one-half inch
thick layer of plywood sheathing covering over all
exterior openings overlapping the opening on every
edge by three inches nailed along the edges by
eight-penny common nails spaced every six inches.
Alternately, the opening may be secured by con-
ventional wood frame construction. The frames
shall use wood studs of a size not less than two
inches by four inches placed not more than twenty-
four inches apart on center. The frame stud shall
have the four-inch side or the wide dimension per-
pendicular to the face of the wall. Each side of
said frame shall be covered with plywood sheathing
of at least one-half inch thickness or equivalent
lumber nailed over the opening by using eight-penny
common nails spaced every six inches on the outside
edges and every twelve inches along intermediate
stud supports. All coverings shall be painted
with the same color as the building or its trim.
Whole glass areas above ground floor are acceptable
so long as they remain intact, but if broken, they
must be covered as provided above. Exterior doors
shall be secured by a strong non-glass door ade-
quately locked to preclude entry of unauthorized
persons or shall be covered as an opening described
above.
(c) Terms and Fees. Unless specifically stated other-
wise by HAAB, an initial conditional permit to
secure shall extend for 120 days after which it
will expire. Extensions of up to thirty (30)
days may be authorized by the Building Official
where reasonable, but in no event shall the
Building Official grant an extension in excess
of sixty (60) days without HAAB's approval and
the Building Official shall report all extensions
granted to HAAB. Unless provided otherwise,
securing authorized under such a permit shall be
commenced within seven (7) days of its issuance and
the permit will expire if the work is not completed
within fifteen (15) days of its issuance. The
following fees for said initial conditional permit
or extension thereof must be paid and accompany
the application to offset City inspection and
surveillance expense:
Initial 120 days $10.00
Each subsequent 30 day period
(up to an additional 120 days) $30.00
Each subsequent 30 day period
thereafter $60.00
(d) Duties of Owner. The property owner shall be
responsible to pay all anticipated permit fees and
obtain a permit to secure following approval from
HAAB. The owner shall be responsible to maintain
all buildings in a properly secured fashion as pro-
vided in Paragraph b above, and to maintain and keep
the property free from debris, litter and weeds.
The Building Official will cause a bi-monthly
inspection to insure the buildings remain properly
secured and maintained. If after HAAB approval the
owner fails to timely obtain a permit or comply
with any terms hereof, the owner shall receive a
warning by telephone (if possible) together with
a written confirmation of the warning from the
Building Official. The owner shall commence action
to correct the deficiency within five (5) days of
such notice or other appropriate time as designated
by the Building Official, or the permit shall be
cancelled by the Building Official.
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.35
(e) Expiration or Termination of Permit. Failure of
the owner to pay required permit fees, obtain a
permit, commence or complete work as ordered, or
to correct securing deficiencies as required herein
above will result in the termination and cancellation
of the conditional permit. Notice of the expiration
or termination shall be delivered personally or by
Certified Mail and shall be effective five days
thereafter unless any deficiencies are corrected
and the Building Official reinstates this: permit.
Said permit is not transferable and will terminate
upon the owner's transfer of the property.
If a conditional permit expires or terminates,
the pre-existing stay to the Notice and Order will
be automatically vacated and the original Order
reinstated. The HAAB may proceed for abatement of
a public nuisance by repair, demolition or securing
of the building with the abatement costs, together
with any unpaid permit fees to be charged to the
owner or levied as a special assessment tax
pursuant to procedures set forth in Chapters 15
and 16 of the Uniform Housing Code.
(f) Recording. The action of the HAAB in ordering the
approval or denial of a conditional permit applica-
tion shall be recorded against the property in the
Salt Lake County Recorder's office and shall con-
stitute notice to the public, including future
bona fide purchasers, that the buildings and
property violate code requirements and are the
subject of an outstanding Notice and Order for
non-compliance which has temporarily been stayed
pursuant to a non-transferable conditional permit
to secure. A Notice of expiration or cancellation
shall also be recorded after expiration becomes
final indicating the stay is vacated and the Order
is reinstated. Said findings shall specify that
said permit is non-transferable and shall terminate
upon any transfer of the owner's interest in the
property.
(g) Public Nuisance. Any structure, except one secured
pursuant to a valid conditional permit to secure
provided hereunder, which has been boarded and/or
vacant over two years is hereby declared to be a
public nuisance as detrimental to the safety and
public welfare of the residents and property values
of this City.
(h) Administrative Review and Time Limitation. Any
aggrieved property owner or other interested party
may seek review of HAAB's decision regarding a
conditional permit by filing a petition for review,
together with advertising costs requesting a
public hearing before the Board of City Commissioners,
if brought within thirty (30) days of HAAB's written
decision. The petitioner shall be responsible for
all costs of advertising. On review, the Board
of Commissioners shall determine from the minutes
whether or not HAAB's decision was reasonably
related to the information provided and if so, shall
sustain its action. Only if the Board of Commis-
sioners find HAAB's decision to be unreasonable or
arbitrary insofar as it is unsupported by the facts
and evidence presented in HAAB shall it reverse
or modify HAAB's decision. Any party which fails
to request a review as provided herein, shall be
deemed to have waived such review.
-3-
SECTION 2. This ordinance shall take effect 30 days after
its first publication.
Passed by the Board of Commissioners of Salt Lake City,
Utah, this 6th day of September , 1978.
/ 1,
� / (
MAYOR
CITY RECORDE T--
(SEAL)
BILL NO. 135 of 1978
Published September 13, 1978
5
iapf
iL
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCEAnM3'rA NNENOIING Nh rater 11 0l Title 5 0{the S hand D. Palmer
Revised Ordinanoes of Salt Lake City,Utah,1965,as amended,
relating to housing.
Be It ordained by the Board Of Commissioners of Salt Lake
City,Utah:
SECTION a That ChapterIfeUn r Title 5 of the Rsi g,be Being first duly sworn,deposes and says that he is legal
Ofdi $I Lake Utah,of 5relating to a Revs by
and the same hereby Is,amended by ADDING Srlion 5-11-6, g
relating
it for fimpoding Advisory and Appeals Boh shall dard'f follows:
advertising clerk of the DESERET NEWS, a daily
'Sec.5-11-6.Housing Advisory and AppealsB and Conditional (except Sunday) newspaper rinted in the English
Permit for Temporary$ecarloa. P YP
(a)CmeiBo al Permit—Appgcanon and EHcr,}.With the language with general circulation in Utah, and
prior approval pan the order of the Housing Advisory and
Appeals Board,or
HAAB",a conditional per Ir m by published in Salt Lake City, Salt Lake County, in the
the Building secure a tlOffficial subl for LeIeclato Me conditions and requ be rirements
set forth herein.Application for sold conditional permit to.secure State of Utah.
may be made by the ownerls)of a building In violation of the
dinances eontalfse l in this tite who has received from the
Building OHielal a Notce of deficiencies And Order to repair or
demolish.Said application must be made within thirty(30)days That the legal notice of which a copyis attached hereto
with service of
arati°ition Notice
concerning t add he o be
i a accompanied
g'
dnticipated disnMition of the building,together with a specific
ate for the Permit's termination and me anticipated permit fees
established
in ve issuance opha(el.HAAB,
Bondlilonlee upon motion,
paym et of Pub notice to amend an ordinance relating to
the permit lees and compliance with the provisions of this
ordinance.The issuance of such a conditional permit to secure
p.r..rhall t.as.oresrOlsnterminnasted orfcanmNledce and Order until the housing
pet(h) Method of Physical Securing. All buildings to be
Unlesss specinlisoratily fied
shall be bearded HAAB,i tfollowingpenIn05 In nthe
structure on the ground floor or easily accessible from the ground
110or shall be secured either by erecting a single one-half inch
thick laver { 1 sheathing covering over all exterior
mil l gOthepedgese by eeight-penny on common edge e nails spaced
threeInches
nailedery six Inches.Alternately,the apenhg may be securedby
conventiwood studs wood
size not less thme an two Inches byby four Inchesall use
placed
not hors than twenty-four Inches apart on center.The frame stud
shall have the four-Inch side or the wide dimension Perpendicular
to the
ply i sheathing of at east said one-hainch(thickness or
egolvalent lumber nailed over the°Parting by using elided-fanny
I men nails spaced'every six inches on the..,..edit d was published in said newspaper on Sept. 13, 1978
very twelve inches along Intermediate stud supports.All
coverings shall be painted with the same color as the building or
its trim.Whole glass areas above ground floor are acceptable so
long as they remain Intact,but If broken,they must be covered as
provided above.Exterior doors shall be secured by a strong —_
n°nglass floor adequately locked to preclude entry of unauthor-
ized persons or shall be covered as an opening described above
(c)Terms and Fees.Unless specifically stated otherwise by ___ \/
HAAB,an Initial.itwiional permit to secure shall extend for 190 Jam-'"'��/�-,.;!�f�-,f�_.,�r�, ..,� ,���,\:/V�..,__Q_.,.ti_M1.-:
daysdays may
whicheauthorized bl yexpire.
theooBuilding f ffic of Up to ial„w ere
able,but In event shall the Building Official grant an Legal Advertising Clerk
extension in excess of sixty(dn)days without HAAB's approval
and the Building official shall report all extensions granted to
HAAB.Unless provided otherwise,securing authorized under
such a permit shall be commenced within seven(7)days of its
red Me permit will empire if the work is not completed )re me this 21st day of
within fifteen conditional
days of its issuance.The following fees for said
Initial tional permit or extension thereof must be paid and
the application to offset City inspection and
accompanysurveillance expense: 78
Elach subsequent 30 gay period 510.00
A.D. 19
Eachsubseque t133U4aylpeeriod thereafter 0000
(d)Duties of Owner.The property owner shall be responsible
to pay all anticipated permit fees:and obtain a permit to secure
1 folluaitg approval teem HAAB.The owner shall be responsible {I/ r/
Pr IMaln all Paragraph
In a progeny n fashion s / -
nvied in Paragraph(b) Wve,and to maintain and keen Ow
!!!
properly free from debris,Informed woods.The Building Official .t+ ` f �"9,� .t'..,<y,F
III cause a urea es ly InsntpHpn to insure the iuidhes remain '
properly lstortimely
i end maintained.li oli AB with env to me NotaryPublic
hereof,falls
tale totn owner
r1 shAla receive c min orcinppl be Itellepho terms
of
possible)together with a written confirmation of the warning
from the Building Official.The owner shall commence action to
correct the deficient within five(5)days of such notice or other r fl the HAAB appropriate time Cu designateddeficiency
by the Building Official,or the per n,t orderers.nil.-
permit shall be cancelled by the Building Official. I app rdeia9n�nii aglbeolaca ditfowtel a'l+hc:,tlo,,sfiall be
ee)Expiration Termination of Permit.Failure of the
re Proeertvill the$all LakeCWnry Rec°der'.
to pay required permit lees,obtain a permit,commence)or office and shall constitute notice r0.rile ecte Including Wrure
mnlete wok as ordered,0�to correct securing deficiexles as bona IId Purchasers,mat 11r ho dings and property 'Oldie CO cede Muirenlenis and are the sulker ot an outsfandi Notice
and
Order for non-compliance which has temporarily been
regruired herein above will result In the termination and taved Wrwant I n -transferable conditional p;rmif to
cancellation of the be
heart permit.Notice of the expiration orsecure_A Notice of expiration orcancellation shall also be
termination shalt be delivered personally or by Certified Mail recorded fret . lion becomes final indicating the stev is
are coand rrecll cll Is en the Betiding Officialrill terminate
this
deficiencies
thatasd der the Order Ia 5 rrablea Said findings shell mi env 0 permit is non-transferable and shall terminate upon env
owner's transfer of the proven'. and will fnrnninata upon h, transfer of Ihe owner's interest in the pfopertY-
w If Mlcool it t the ual Publ'c Nuisance Anv structure, xcevi on c eJ
pre-
existing stay to the Notice J Order II beautomatically lurEuneni ter rownicnanasc of ooardc+pefrTntlzo vpeunteo er Vldwo
vacated and the al Order d.The HAAB ears Is Ignoble declared to be a pubic nuisance as detr'venal fn
proceed i abatement f public b M I't trfe safety and nublic welfare of the residents and erohertv vaues
or SeCUrinn
' of the n building with the b f. 1 I together
m oo s C'1y
as a t 9. t Iw le,o levied ;ill Adm n s}ralive Review one Time I imaa}on Any
i I t t i 1 - iur --t forth ill aeygrrevd property owner other interested party •m k
Chapters5 .Q 165 h theUniform H Code. taw of A's t re ono. riling a condition al permit by
filing cehtinn for revle together wih advertising costs
Tlr petitioner
a puteichas ring!erefore the Board of City Commission.
if brought within thirty(30)days of HAAB's written decision.
The petitipmr shall be responsible for all costs of advertising.On reyie ,the Board a Commissioners shah determine from the n tes whether or not HAAB'.decision Was reasonably related to thew formation provided and d so, hall stain its action.
Only if the Board of Commissioners rind HAAB'.decision to be
facts one evlydence'orwesenred Ian HggB shah iitreve7seo modify I HAAB'.tlecisign.Any party which fails ra request a re
I provided herNin,shall he deemed to hove waived such review.as SECT-ION 1.This ordinance.loll take efiecl 30 days alter its l teat publicalian.
Passel by iM Board of C°mrnlssioners of Salt Lake City,Utah,this dfh day of Septmb°r,1918.
TED L.WI,LSON
MILDREIJ V.HIGHAM ayon
City Recorder
(SEAL)
L NO 135 er ten
Published SeptemMr3,1910 (A191
.1,