3 of 1938 - Amending Section 1293-Bill 35, 1934, relating to cellarways, areaways and vaults. - :- _ _ _
VOTING AYE NAY I Salt Lake City,Utah, Jan `' I93
i� ..
Goggle 1 ----
Keyser 1 )rove that a hearing be held before the
Matheson Board of Commissioners on Wednesday, January 12, 1938,
Murdoch - - - - - at 10:30 o'clock A. M. in the City Commission Chamber,
Mr.Chairman - - - - Room 302 Cityand CountyB uildingon proposed
Result = _ _ - - ordinance amending Section 1293, designated as Bill
No. 35 of 1934, relating to cellarways, areaways or
vaults, and that the City Recorder be directed to
advertise notice of such hearing.
Actg. CoIYmissioner of Streets & Publ Improvements
Passed by the Board of Commissioners
of Salt Lake/City, Utah, rI
City Recorder , " Mayor
REe 133 500 19-37
VOTING AYE NAY 'I Salt Lake City,Utah, Jan.,. .2.6 I93 8
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Goggle
In the matter of hearing before the Board
Keyser of Commissioners January 12,1938 on ordinance, Bill
Matheson fir' No. 3, amending Section 1293 of the ;City Ordinances,
-- which hearing was held and laid over to this date
Murdoch - - - - _ ` and hearing continued; I move that the question of
licensing and controlling cellarways, areaways or
Mr.Chairman - - - - / vaults under city streets or sidewalks, be referred
back to the Law Department and that a committee of
Result building owners be appointed or designated to confer
with the Law Department to the, end that an ordinance
may be drawn up satisfactory to all concerned.
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• Commissioner of Public Affairs & Finance
Passed by the Board of Commissioners of Salt Lake City, Utah, IhN �i6 3$
41/
City ecorder Mayor
E`gEe.123 500-7-,9-97 .
ROLL CALL N ,
VOTING pith Salt Lake City,Utah, , 193___._
Goggin I move that the ordinance be passed.
Keyser
Matheson - - - -
Murdock - - - -
Mr.Chairman - - - - AN ORDINANCE
Result
AN ORDINANCE AMENDING SECTION 1293, designated as bill
No. 35 of 1934, of the Revised Ordinances of Salt Lake City, Utah,
1934, relating to cellarways, areaways or vaults.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Section 1293, designated as bill No. 35
of 1934, of the Revised Ordinances of Salt Lake City, Utah, 1934,
relating to cellarways, areaways or vaults, be and the same is here-
by amended to read as follows:
SEC. 1293. It shall be unlawful for any person to
erect or construct or- continue in use or occupancy any stairway,
opening•or passage, basement, cellar or areaway leading from or
into or under any street, alley or sidewalk, within the limits
of Salt Lake City, or to occupy any portion of any street, alley
or sidewalk, either above or below the surface; without having.
• first procured from the Board of Commissioners a permit so to do.
No stairway, opening or passage built in any street,
alley or sidewalk leading to any basement, areaway or vault
underneath such street, alley or sidewalk adjoining thereto shall
• . be-more than 4feet wide, measured from the property line.
No permit shall be issued for any person to excavate
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under any sidetalks at any street intersection between the pro-
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. -perty line and the curb.
No permit shall be issued for any person to excavate
or continue in use'or occupancy any stairway, opening or passage,
basement, or areaway leading.from or in or under any street, .
alley or sidewalk within the limits of Salt Lake City, or to -occu-•
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py any portion of any street, alley or sidewalk unless the appli--
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cant therefor shall present to the Board of Commissioners a
waiver in writing executed and acknowledged by the owner of the
premises and property adjoining said stairway, passage, open-
ing or areaway and for whose beneficial use it is intended and
all persons who shall be interested either as lessee, mortgage
holders, lien holders, tenants, occupants or in any other capa-
city, by which the owners of said property and all other persons
interested as aforesaid waive for themselves, their heirs, exe-
cutors, administrators, successors and assigns all claims for
damages of every name or nature that may occur or accrue to
such property, the building thereon, the property therein and
the tenants or occupants of such property or building by reason,
in whole or in part, of such stairway, passage, opening, base-
ment, areaway or vault or by reason of the occurrence of water
thereon or therein from sewer, curb, water pipe along the street,
or water from any source.
No person shall acquire any title to any real property
that is a part of any street, alley or sidewalk of Salt Lake
City, above or below the surface, by reason of the granting of
a permit for or the making or continuance of any areaway, vault,
basement, stairway, opening or passage, issued pursuant to the
terms of this ordinance.
All permits issued pursuant to the terms of this
ordinance may be revoked, altered, or modified at the will of
the Board of Commissioners whenever it shall deem it to the
best interest of the city so to do, and the Board of Commission-
ers may impost any condition it deems advisable in the granting
of the same, or any time thereafter, and in no case shall the
said permit preclude use of any part of the street, alley or
sidewalk by Salt Lake City.
Every areaway, vault, basement, stairway, opening or
passageway maintained in, upon or under any of the streets,
alleys or sidewalks of Salt Lake City in violation of this sec-
tion is hereby declared to be a nuisance and it shall be the
duty of the Department of Streets and Public Improvements of
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said city and such other officials and employees as the Board
of Commissioners may call upon to forthwith remove, fill up or
otherwise abate the same and for such acts there shall be no
liability against the city or its officers or agents or em-
ployees.
Every person maintaining any stairway, opening or
passageway, vault, basement or areaway in, upon or under any '
street, alley or sidewalk of Salt Lake City shall at the time
of receiving permit therefor and-annually thereafter pay to
the city a fee of $5.00 to cover the expense of inspection of.
the street, alley or sidewalk over, around and.above said
vault, basement, areaway, opening, stairway or passage.
SECTION 2. In the opinion of the Board of Commissioners, .
j it is necessary to the peace, health and safety of the inhabitants
of Salt Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its
i first publication.
Passed by the Board of Commissioners of Salt La e City,
>' Utah, this day of , A.D. 193S.
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Mayor.
City Recorder.
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