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143 of 1979 - Amending chapter 8 increasing fees and providing for permit requirements for demolition permits. ROLL CALL 7,( VOTING Aye Nay Salt Lake City,Utah, November 1 lg 79 Mr.Chairman ... r - I move that the Ordinanc >c pas ed. Agraz L,-- Lf Greener Phillips f° Result AN ORDINANCE AN ORDINANCE AMENDING Chapter 8 of Title 5 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to demolition fees and procedures associated with obtaining demoli- tion permits. Re it ordained by the Hoard of Commissioners of Salt Lake City, Utah. SECTION 1. That Chapter 8 of Title 5 of the Revised Ordin- ances of Salt Lake City, Utah, 1965, as amended, be, and the same hereby is, amended to read as follows: CHAPTER 8 DEMOLITION Sections: 5-8-1.. Demolition fees. 5-8-2. Demolition permits. 5-8-3. Sewer lateral and utilities. 5-8-4. Demolition review procedures and tenant appeal . 5-8-5. Completion of demolition project. Sec. 5-8-1. Demolition fees. A fee for each demolition permit shall he paid to the city treasurer as follows: A. Single family one-story residential building Minimum $10.00 Each additional floor or story 5.00 E. Accessory buildings not exceeding 720 sq. feet (eq. private garages, equipment rooms, sheds, heating plants) cleared at the same time with demolition project of primary structure. Each floor or story S 5.00 -43 C. All other buildings such as hotels, apartments, commer- cial, industrial, warehouses, schools, theaters, gymnasiums, etc. i). Single story building to and including 2000 square feet $10.00 ii). Each additional 2000 square feet of single story or fraction thereof . . . 5.00 iii). Each additional floor or story; 1/2 the fee for single story see above D. Annexes and similar buildings with exposed walls, and accessory buildings in excess of 720 sq. ft. or not demolished with the primary structure, shall he calculated under Paragraph C above. Sec. 5-8-2. Demolition permits. Section 301(a-d) of the Uniform Building Code, 1976 Edition, adopted by Section 5-7-2 of this Title as it relates to the issuance of a demolition permit is amended to read as follows: a). Permits required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city or cause the same to be done with- out first obtaining a separate building permit for each such building or structure from the Building Official. h). Application. To obtain a permit the applicant shall first submit an application therefor in writing on a form furnished for that purpose. Every application shall: 1. Identify and describe type of work to be covered by the permit. 2. State the address of the structure to he demo- lished. 3. Describe the structure to be demolished indi- cating type of use, type of building construction, size in square footage and number of stories and dwelling units (if applicable). 4. Indicate place where demolition materials will be disposed of. 5. Specify approximate date of commencement and completion of demolition. 6. Indicate whether or not fences and/or barri- cades will be erected and their proposed location. 7. Indicate whether or not fill material will he required to bring site hack to level grade at end of protect. 8. Be signed by permittee, or his authorized agent, who may be required to submit evidence of such authority. 9. Indicate whether building is presently occu- pied. 10. Give such other information as may be required by the Building Official including performance bonds where appropriate. c). Qualifications. Who may apply for permit. The permit required shall he obtained by the person, firm or corporation doing the work specified in the permit. Demolition permits may be issued by the Building Offi- cial only to the following parties who meet the following qualifications: 1. Licensed subcontractor. A subcontractor cur- rently holding a license in good standing with the State of Utah qualified to do wrecking and/or demo- lition work. 2. Licensed General Contractor. A contractor currently holding a license in good standing with the State of Utah qualified as a general contractor, but only when the demolition is inci- dental and supplemental to the construction by the general contractor of a new structure on the demo- -3- l43 lition site. 3. Special. Restricted Permittee. A Property owner doing his own work, or a person doing the work as an agent for the property owner, who cannot qualify under (1) or (2) above, may qualify for a rest- ricted special demolition permit conditioned upon compliance with the following terms and restric- tions: a). Only one special demolition permit may he issued or outstanding at any time for any pro- perty owner or agent of such an owner. Excep- tion: A second permit may he issued when it qualifies under Section 5-R-l(b) above (acces- sory building cleared at same time as primary structure). b). Said permit is not transferable between parties. c). Each demolition project commenced under special permit must he completed and receive final inspection and approval from the build- ing department prior to the approval or issu- ance of any subsequent special permit to either the owner or agent. d). Special demolition permits may be issued for demolition of the following structures only: 1. Accessory buildings. 2. Single family or duplex residential struc- tures. 3. Commercial, manufacturing and other build- ings when not exceeding one story nor 2,000 square feet in floor area. e). However, the Building Official shall. have -4- 143 the discretion to authorize the issuance of either one additional special permit or a permit for demolition of a structure other than under subparagraph (c)(3) (d) above if the permittee posts a corporate surety or cash deposit performance bond in an amount equal to the estimated costs of demolition to guarantee timely and proper completion of the demolition project(s). f). Purpose. Issuance of special permits for demolition projects are specifically intended to be restricted as to size and number as provided above. Any misrepresentations made to circumscribe the purpose and these provi- sions shall he unlawful, and may subject the owner/or agent to criminal sanctions in addi- tion to the revocation of the special permit. d). Expiration. Permits issued to licensed subcon- tractors and genera], contractors under (c)(1 & 2) above shall expire thirty (30) calendar days from the date of issuance, unless a completion date allowing more time is stated and approved by the Building Official at the time of application. Permits issued to special permittees under (c)(3) above shall expire sixty (60) calendar days after date of issuance. Demolition permits may be renewable upon request prior to expiration with approval of the Building Official for one-half the original fee permit, provided continuous progress is heina made. If a permit is allowed to expire without the prior renewal, any subsequent request for reinstatement shall be accompanied by a reinstatement fee equal to the original demolition permit fee. e). Sixty-day Notice prior to demolition of occupied residential structure. No permit which authorizes the 143 demolition of a residential structure which is presently occupied by tenants, shall be issued unless the owner of said residential structure has provided proof of notice of the proposed demolition of said residential structure delivered to said tenants by registered mail at least sixty (60) days prior to applying for a permit to demo- lish said structure. The above sentence shall not be applicable to any structure which the Building Official has ordered to be demolished pursuant to this Title, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or. the Salt Lake City-County Health Depart- ment Regulations. This provision shall not be applicable to any resi- dential structure which is vacant at the time of appli- cation for a demolition permit, nor shall it preclude the issuance of a demolition permit once a residential structure is vacated even though prior to the expiration of sixty days' notice required above. f). Barricades, fences, walkways, permits, bonds and hose lines. Prior to the issuance of any demolition permit and the commencement of any demolition protect, the application shall indicate plans to comply with applicable requirements relating to erection of barri- cades, fences, walkways, scaffolds, permits, etc. as provided in other applicable City ordinances, including but not limited to: Chapter 44 of the Uniform Building Code, 1976 Edition "Protection of Pedestrians" as adopted by Section 5-7-2, Section Mo. 41-5-29, "Street to be fenced if occupied", Section 41-5-34, "Scaffold over street permit required", and Section 5-6-4, "Bond required", Section 15-28-38, "Required hose lines when buildings demolished". When the applicant indicates the -6- 143 demolition will require more than thirty days to com- plete, and in other cases when required by the Building Official, the applicant shall also indicate plans to fence the demolition site so that it will be inacces- sible to unauthorized persons. The Building Official may waive this requirement when he determines that fencing would be inappropriate. Sec. 5-8-3. Sewer lateral and utilities. Prior to the commencement of any demolition or moving, the permittee must plug all sewer laterals at or near sidewalk lines as staked out by the Public Utility Department. No excavation shall he covered until such plugging is approved by said Department. Permittee shall further insure all utility services to the structure and or premises have been shut off and meters removed prior to commence- ment of work. Sec. 5-8-4. Demolition review procedures and tenant appeal. (a) When an occupant of a dwelling unit has received formal notice of eviction and has reason to believe that notice was issued because of a proposed demolition of the dwelling unit which he occupies, he may initiate an appeal to the Board of City Commissioners, on a form provided in the Department of Building and Housing Services. The filing of said appeal shall stay the issuance of any permit for the renovation or demolition of the occupied structure in question for a period not to exceed 30 days. Subsequent appeals shall not act to further stay the issu- ance of any permit for the renovation or demolition of the occu- pied structure in question for a period not to exceed 30 days. Subsequent appeals shall not act to further stay said issuance and no stay shall be granted if the Building Official certifies to the Board of City Commissioners that a stay would, in his opinion, cause imminent peril to life or property. In such cases permit issuance shall not be stayed otherwise than by order issued by a court of competent jurisdiction after application, -7- 143 petition, notice and due cause shown. (h) Upon filing of the initial appeal with the Building Official, said appeal shall he forwarded to the City Commission with request for a hearing date, which hearing should be held within the next fifteen (15) days before the Board of City Commissioners and a copy of the form shall be forwarded to the Relocation Division of the Redevelopment Agency of Salt Lake City for relocation advice and assistance. Said agency shall, within ten days, forward to the Board of City Commissioners a statement of its relocation investigation and recommendations. (c). Upon receipt of said appeal form, the Building Offi- cial shall institute an investigation to determine if the build- ing in question is occupied and whether the 60-day notice requirement of this chapter has been met. He shall then report his findings to the Board of City Commissioners within 10 days of the filing of said appeal. (d). The Board of City Commissoners shall fix a reasonable time for the hearing of the appeal within the next fifteen days and shall give due notice to the appellant as well as legal interest holders in the property, and shall, at said hearing, review said appeal together with agency and departmental reports and recommendations and related permit applications, and shall decide the same within seven days from the date of such hearing. (e). The Board of City Commissioners shall have the follow- ing powers with regard to the hearing of said appeals: (1) To enforce the attendance of witnesses, the produc- tion of books and papers, and to administer oaths; (2) To direct municipal resources, if necessary, to alleviate relocation hardships; (3) To hear and decide allegations of error in any order, requirement, decision or determination made by a municipal officer in the performance of his duties as related to the above; -0- 143 (4) To see that the laws and ordinances are faithfully executed and direct investigations accordingly; (5) To institute any appropriate actions or proceedings to prevent or punish persons from or for performing any act contrary to the building and zoning ordinances of Salt Lake City. Sec. 5-8-5. Completion of demolition project. A permit for demolition requires that all materials comprising part of the existing structure(s), including the foundation and footings, must be removed from the site. The depression caused by removal of such debris must 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 dimen- sion nonorganic material as provided by Section 7010(d) of the Uniform Building Code. The demolition work must he completed, include filling and leveling back to grade and removal of required pedestrian walkways and fences within the permit period provided in Section 301(d) above unless the Building Official: 1). Finds that any part of the foundation or building 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 Division, in which case he may approve plans for appropriate adjustment and may impose reasonable conditions including the posting of a bond, erection of fences, securing, etc. to guarantee the site does not create a hazard. 2). Finds that new construction will shortly commence and approves the continuance of the protective pedes- trian walkway. SECTION II. This ordinance shall take effect thirty (30) days after the date of its first publication. -9- 143 Passed by the Board of City Commissioners on the 1dt day of November , 1979. cj MAYOR ///-!d// lv ' l"'t-'. ' CITY RECORDS ' (SEAL) BILL NO. 143 of 1979 Published November 8, 1979 -10- 11 43 AN ORDINANCE ill n ., -i aim .F .... ... Revised Ord lnancasor Stee Land ply,codur )v65,as a n"Willi co ere uublic 1ihi1 luaglopa epr�ed x lion shall be - r toting fd de demolition on lees arsdpr«etlures ass«Ia1d0 with ered until h plugging is a ro ed by said Department. obtaining demolition-permit.. P e ande shall further in all utility a to the slrec mr'3 Beit ordained by the Board o1 Commissioners of Sall I-oke tore or commencement es have been shut off and meters removed - 1Fre q- P. Ci-,SECTION 1.That hater 8 of Title 5 of the Revised Oral-h. polo cnmmeDemliton review procedures n- x,zSms o<vS15oT$3Q c rrt.om-a.Demolition «aurea and tenant a _ao of Salt Lake City,Utah,1965,as amended,be,and the peal. $O Tip 3 k n" same hereby is,amended to read as folows: a)When a occupant r dwelling unit has received for r,CIw.< d°5 p ,a non CHAPTER 8 mat notice 1 eviction and has to beieve that notice oG n< nD<J DEMOLITION wasissued of of a proposed demolition of the dwelling <° Di o z bdn�° Sections: unit which he occupies,he may initiate en appeal to the Board 3 WI a t m_ p 5.8,a.Demolition fees. of City Commissioners,on a form provided In Bin Department �� pG1 -� Building d ing Services.The filing ofsaid appeal I M o; n _ 5-B-3.Se wer 11 ferry end ntilntles. of ay Me issuancef y permit tor no I m'e a_„ p' 50.e.Demnllil°n review procedures and tenant anneal. demolition of Me occupied Ind structure In question for a fperiold 5.8.s Completion of demolition pfe eef u !to exce 30 days.subsequent appeals shall not act to fur. - _ - "'6 Sec SB-1. Demolition fees. A fee for each demolition de,nn tar the issuance of any permit for Me r novatior a nNas c' 3 permit Shalt be paid to theory treasurer as lonnws: demolition of Me occupid tructure In qut tion farperiod Oo w n o A.Single family one story residential budding t to excee 30 days.subsequent appeals shall not a too fur 0 u 3 Minimum f10.00 not stay said Issuance and ray shall be granted f the - Earh addllonat floor or story 5A0 Bonding Oficial certifies to the Board of City Commissioners ^ ° ip B Accessory buildings not exceeding 720 s feet 1 that a stay would,it his opinion, se Imminent peril to life _ vc rate garages, equipment rooms, sheds, heating Primary or property.In such cases permit is a shall no be staved 30e 3F 2s. private cleared t,the same lime with demoliion protect of o-fInn se than b der issued bra court of competent ill is. a- q,'0 structure. primary diction after application,petition,notice and due cause shown "' Each floor or story 55 IIO (b)Upon filing of the initial appeal Ith the Building Ohl- - s a g 9. C.All other beareflos such as hotels,apartments,corder ci I,said a pal hall be forwarded to the City Commission a 3° Ie cial,industrial,warehouses,schools,theaters,gymnasiums. with request r shearing date,which hearing should be held o n8 et` ti.Single story biilldllie to and including within Me next fifteen (15) days before the Board f d tO A o °O g Commissioners red a copy of the form shall be forwarded f0 O g C f0 3 2000 square feel St0.00 the Relocation and of the Redevelopment Agency Of Salt r ii).Each additional 2000 square feet or Lake City for relS n advice and assistance.Said agency ao single story or fraction thereof 5.00 •shall,within tip days, ays,forward to the Board of City Commis Pn C = N lint Each additionalt floor Of story n'h sinners a statement of Its relocation Investigation and reran, 0 the tee for single story above n sinners 5 ~ D.Annexes and similar bo Jdings with exposed walls,and („).Upon receipt or said appeal form,the Building ofri- 0 g q v buildings In excess of 220 so.ft.e r demolished anal shall institute an Invetigaion to determine if the building says that with Vie primary structure,,sall he calculated under Para. in question is occupied and whether the 60day nonce require, NEWS gratin C ave. in t of this naooter has been met.He shall thanreport his f;rl` NE YV Sr a gall Sec.5-11-2.Demolition permits.Section 3011a dl el the On, findings to the Board of City Commissioners within days of English form Budding Cafe.1016 Edition,adopted by Seen.5-7-2 of ine fdl Of said appeal. fed in the Lyn fish this Title as it relates to the issuance of a demolition permit is (JI.Tile Board 1 c,,,Commissioners shall fix a reason- g aie ded.°read as follows able time for the hearing of Me anneal Imtn the next fifteen .Permits r uired.No person,firm,or corporation shall ays and snail give due notie t0 Me appellant as well s legal ion in Utah, and erect,construct,enlarge, alter,repair,move improve. rest holders In Pe proper,',and shall, t said searing. Lake County, in the convert, r demolish uilding or move, m 0 sad anneal together with agency and departnrenfal Me cirY or Cause or same lO ire done without first ontaor vl reports and rec endaaons and related permit appncati date struseparate henldlng permit for each such building or shag decide the same within sera days from the dare of cct rom the Buitdl Official. such hearing M.Application To obtain permit the applicant shall le)The Board of City Commissioners shall have the fol, first submitan application therefor in writing n a form lowing powers with regard to the hearing f said appeals: tarnished for hat purpose Every work to ana shall: (11 To enforce Me attendance of witnesses,the production is attached hereto 1. Identity end«sa ibe type 0t work to be covered uv the al books and papers,and to administer oaths: py 1.Stale the addressor the structure So he demolished. (21 To direct municipal resources,II necessary,to allevh I.Describe the structure to be demolished indicating type to Torel hear on hardships; error nv or use,type of building construction,size in square footage re requirement, hear d decide etermine of e d In a order, ice re lat ing to and number of stories and awetlina units(If ape c bled. ar ofeceni,The erf r dance f his suttee by a laced to .Indicate pace where demolition materials will be dls Pal above;in set o as related 5.Posed op, r tel To Mat the laws and ordinances are faithfully specify approximate date of commencement and con. executed and direermesrngerlons accordingly( associated with pleliat of dmolition. 5) o institute any aporopriate actions or pr eedings to 6.Indicate whether or rot fences and/Or barricades will be prevent or punish persons from or ter performing any act erected and their proposed location. prey to the building and zoning ordinances of Salt Indicate whether or nip rut material will be required to Lake oiy. bruin site back to level grade at end of t Oiecl. Sec..5 B-5.Completion if demolition prey i A permit for ' it Be nth by permit.,t hisa.m.,.ant agent who demolition r cur s mat all m tcrlats comprising i 1 the b!ateesred to submit evidencelstic author fi,. existing sremoore(s),m the the foundation and footings, 9 tndocole whether bundinn is presently occupied. list al e c ed from the site.The depression caused br 10.Give such other information as maybe reedited by the removal of such debris must be filled back and compacted to Building Official incuding performance bonds where h.e1 original grade as r red by the Building Official with appropriate. fill matrial excluding detrimental a ors of organic meteri- ocnd 5calions.Who may apply lrr Permit The permit al or large dimension ritormaic aierial asprovided by re ulded snail be okay)Mite pee PerfitMf r carpola, Section untole)Of the uniform Building Code. hde demolition bon may beyrssked by the Building permOfficiit. Only to Ina work must be oo completed,include filling and leveling back to permitfoucauinsrg parties who meet the lolluwing qualifications: gras de aM removal it required pedestrian inn walkways n 301 and ianoe- 1.Licensed subcontractor.A subcontractor currently holding a shin the f perbtl provided Section 301(d) bore license in goat standing with the State of Utah qualified to unless the Building any pal: Oo wrecking and/or deinmiti,n work. Ire c anti rcfoe p rt of rt a the foundationsrc forhe building of t Nov, 8 r 1979 2. Liraseil General Contractor.A c currently the same a for which plans have already been approved n°din_ license in god n ithnthe r tat of Utahby the Building Division,in which case hem rorove qualified ified s a general contractor,but only when the demo, Plans for appropriate adjustment and may!Mooseareason- eion is incidental and supplemental to the construction by M I t I structure on the demol' 3. site,tion Special RP5tricted f 1 .A property owner doing 1 \ h k a Me a a n for \r, <' vA _;� •�-'_/ice - )..1� FO 11 the property owner,who cannot lily under((11 or 121 _ above,may d Ty er a e ricfed a volition Legal Advertising Clerk ddirt nditioned upon compliance with the following J eems and restrictions: a).Onlyone special de{0tion permit may ynbe sued gent t. r standing h a owner.at •Exception:A s properly one min mmo`be issoea such T q lles under Secllon 5d,t(b)above may dayof building cleared its noottransfe ableb'etween parties. fore me this 12th c). Each demolition P ect commenced under special Permit must be completed and receive final Inspection and D approval iron)the bodingsoula0mM—tei tsoriorl foeimeuan- A. . 1979 either trey owner o eahema ecm cll.Special demolition permits may be Issued for demoli- tion of the following structures only: I.Accessory buildings. 2.single family or duplex residential structures. 3.Commercial,manufacturing and other buildings when 1 exceeding ore story r 2b00 sm,are reel In floor area. e)-However, he Building Official shall have the discre. ✓ , tion to authorize the Issuance of either one additional al pert or a permit demolition Of a structure er demolition Notary Public than under orate agranl lUla)(d)chive if the gnvr hood Posts a corporate surety or cash depuslt performance bone lint equal to the eslrmmptl costs of demolition to suan antee timely and proper completion of Sloe demolition fist. 11lPorio.. Issuance of special permits for demolition Protects are specifically Intended 10 be restricted as to size and number asprovided above.Ana reor saotattons made to circumscribe Me purposeand nMese provisions Mae be unlawiulo and m ed the owner/or criminal sanctions in e.g..t0 the revocation of the special permit_ al.Expiration.Permits issrnd to licensed subcontractors and thirty a(3ol iendar dayunder t om the(Oa a olbissuance, ss ashall e p `a date allowing time islsf tea an unlessd proved by hieBuilding Ofnclrl at the Ilene el application. Permits Issued to special permit-tees,under(c)(3)above shall exnire sixty MO)calendar days after date of Issm ance.Demolition n hermits may be ran upon request r to expiration ith a val of then But/ding Offil prior Me o dal Me0Derma,provided connnaus s being made.If a nit is allowed to expire wiithoutethe prior rr subsequent request for nslatement shall peed any by a nstatement fee equalto the original demon,.permit feeYe el.Sixty-day Notice prior d demolitton o occupied r - denfial structure_No permit welch authorizes the demoli- tion Of a residential structure which is presently occupied by tenants,shall be issued unless the r of ah re denials a has i provided proof of notice ofelf the pro- pm.demolition of said re dnlial structure delivered to said re ants by register.mail at least sixty(60)a Orionh000e for Permit to demolish said structure.av ri0d10np above sentence snail not be applicable to a structure which the Building Official has ordered to be demolished pursuant to this Title,he Uniform Housing Cngerous Buildings,Of the Salte,Me Uniform L de for l Lake City-Counthe y Health t of a Depart- mentTots proviso on shall not be applicable to a e residen- tial structure winch is ant at Me time pI appl lcation tar a demotion permit,no hall it preclude the issuance of a demolition Permit o residenral structurevacated even though prior to the expiration of Soto clays' otice required above 1b ps Prior re issuance of s,permits,binds and hose lines.Prior to of a v demolition permit and Me commencement oi°any demolition protect,therapplica }ion shall indicate plans to r my with applicable r wiremeolS k walkways,scaffolds,to erection of barricades,vded in other applicable City ordinances,including sbtOnot limited to: Chapter 1A of the Uniform Building(ode. 19/6 Edilior Protection of Pedestrians"as adopted ho Section 5,1-2, Seaton No al oes,"Street lobe lensed it act/Pied",Sec- tion 41-5.0a,"Scaffold over street permit aired',and and q hose Section 54-4,w"Barhen b required",Section .Wen" rant indicates the demolitionl •buildings it fished'`When the than thirty days In equip,, nd In other casesnwhen•more laded by the Buuei Omual,me a ellcabr loll etc ate p 't/ s fence the d mobs os site s0 thnt'1 wl Oahe Inaccessible i y�(P aurequired pnr50ns. The Bunting Official maywaive Mrs requirement woe.he determines that fencing would be'm ropriate. up- ca-q cower lateral and utilities.Prior t0 the rom-