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35 of 1979 - Amending chapter 11 allowing for demolition hearings to be heard before a Board of Examiners of Hous • ROLLCALL /VOTING Aye Nay Salt Lake City,Utah, March 14 ,19 79 Mr.Chairman Agraz ✓ I move that the Ordinancebe p sed. Greener' ✓ /� �� �l&t� Campbell Phillips ✓ "647Result AN ORDINANCE � AN ORDINANCE amending Chapter 11 of Title 5, Revised Ordinances of Salt Lake City, 1965, as amended, relating to the adoption and amendment of uniform codes and abatement procedures applicable to existing housing. WHEREAS, this board finds that it will be in the best interests of the public to amend the current code procedures relating to abatement of dangerous or substandard buildings by providing the opportunity for the Board of City Commissioners to appoint a panel of hearing examiners selected from members of the Housing Advisory and Appeals Board to conduct hearings to determine facts upon which proposed findings of facts and orders will be submitted to the Board of City Commissioners for final action; 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 the adoption and amendment of uniform codes and abatement procedures applicable to existing housing, be, and the same hereby is amended to read as follows: Chapter 11 HOUSING Sections: 5-11-1. Uniform housing code and uniform code for the abatement of dangerous buildings adopted. 5-11-2. Governing body. 5-11-3. Housing inspection fees. 5-11-4. Housing Advisory and Appeals Board. 5-11-5. Conduct of hearing appeals. 5-11-6. Performance of abatement work. 5-11-7. Recovery of cost of repair or demolition. 5-11-8. Conditional permit for temporary securing. 35 Sec. 5-11-1. Uniform Housing Code and Uniform Code for the Abatement of Dangerous Building adopted. The Uniform Housing Code, 1976 edition, hereinafter sometimes referred to as "UHC", and the Uniform Code for the Abatement of Dangerous Buildings, 1976 edition, hereinafter sometimes referred to as "UCADB", are hereby adopted by Salt Lake City as the ordinances, rules, and regulations of said city, subject to the amendments and exceptions thereto as hereinafter set out; three copies of said codes shall be filed for use and examination by the public in the office of the City Recorder of Salt Lake City. The purpose of these codes is to provide minimum requirements for the protecton of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of buildings within Salt Lake City and providing for violations thereof. Hereafter all references in the revised ordinances of Salt Lake City, Utah, 1965, to the Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, 1973 editions adopted by Section 5-11-1 are amended and deemed to read the Uniform Housing Code, 1976 edition and Uniform Code for the Abatement of Dangerous Building, 1976 edition. Sec. 5-11-2. Governing body. All references to the city council in the Uniform Housing Code, 1976 edition, and the Uniform Code for the Abatement of Dangerous Buildings, 1976 edition, as adopted by Section 5-11-1 are amended to read the Board of City Commissioners of Salt Lake City, hereinafter referred to as "Board of City Commissioners". Sec. 5-11-3. Housing inspection fees. The fee for an existing single family dwelling housing unit inspection shall not exceed fifteen dollars. An additional fee of five dollars shall be charged for every additional dwelling unit on the premises. Sec. 5-11-4. Housing Advisory and Appeals Board. Section 203 of the Uniform Housing Code, 1976 edition and Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, 1976 edition, entitled Housing Advisory and Appeals Board, as adopted by Section 5-11-1 of this chapter are amended to read as follows: HOUSING ADVISORY AND APPEALS BOARD. Section 203 UHC and Section 205 UCADB. Housing Advisory and Appeals Board. (a) Scope of Authority. In order to provide for the final interpretation of the provisions of this code and to hear appeals provided hereunder, there is hereby established a housing advisory and appeals board, hereinafter referred to as "HAAB". HAAB shall have the authority and power to: (1) Interpret the provisions of this code; (2) Hear and decide appeals where it is alleged there is an error on any order, requirement, decision or determination made by an administrative official in the enforcement of this code; (3) Recommend new procedures to the Building Official and new ordinances to the Board of City Commissioners; (4) Upon the request and order of the Board of City Commissioners, sit as a panel of hearing examiners to hear and make proposed findings of facts, conclusions of law, and orders to the Board of City Commissioners to determine -2- 35 whether or not buildings or structures in violation of this code constitute public nuisances requiring abatement by demolition or repair by the city at the owner's expense; (5) Recommend the use of the revolving repair and demolition abatement fund to defray city expense in abatement procedures and the manner of collection of the same, be it by suit, special assessment or placement of a certified lien against the property. (b) Membership and terms. HAAB shall consist of ten (10) members who are not employees of the city who shall be appointed by the Board of City Comissioners. Members shall hold office for a term of three years. Terms shall be staggered so that the regular terms of no more than four members shall terminate in any one year. Members shall serve until their duly appointed successors are appointed. Any successor appointed to fill a vacancy on the Board shall serve out the original term, and may be eligible to serve for additional terms. (c) Rules and procedure. HAAB shall adopt reasonable rules and regulations for conducting their hearings and other business consistent with the procedures for appeals and abatement hearings as set forth hereinafter. All decisions shall be reflected in the minutes and reduced to writing in an abstract of findings and order which shall be filed with the Building Official and a copy mailed to the appellant or parties-in-interest and the same shall be maintained by the Building Official in a form freely accessible to the public. (d) Voting. The concurring vote of a majority of a quorum of HAAB shall be necessary to reverse any order, requirement or determination of any administrative official, or to decide in favor of an appellant or party-in-interest on any matter upon which it is required to determine under this code and this title. In no case shall any such decision of HAAB affect a variation in the provisions of the code or any related ordinance or provision of law. (e) HAAB support committee. There is also established a committee made up of members of the city's administrative staff, including one member from each of the following organizations and departments: Division of Building Housing Services, Division of Planning and Zoning, City-County Health Department, Housing Authority, Law Department, Department of Parks and Public Property, Redevelopment Agency, Public Works Department and Office of Citizen Participation. Said support committee shall offer advisory staff and coordination support to HAAB and shall meet at the request of HAAB or upon its own directive. Said committee may establish its own reasonable rules and regulations for conducting its business. Sec. 5-11-5. Conduct of hearing appeals. Sections 1301(a)-(d) of the Uniform Housing Code, 1976 edition and Section 601 (a)-(d) of the Uniform Code for the Abatement of Dangerous Buildings, 1976 edition relating to procedures for conduct of hearing appeals shall be amended to read as follows: PROCEDURES FOR CONDUCT OF HEARING APPEALS Section 1301 UHC, Section 601 UCADB. General conduct for hearing appeals. (a) Hearing examiners. HAAB may act as a board to hear -3- 35 cases and may designate one of its members to conduct the hearings before HAAB or HAAB may appoint a panel of at least three members to serve as hearing examiners to conduct appeal hearings. In the event a panel of hearing examiners hear the case on appeal, they shall exercise all powers relating to the conduct of hearings, prepare proposed findings of facts, conclusions and orders and submit the same to HAAB for decision on appeals, and to the Board of City Commissioners for decision on abatement proceedings. Any reference in said code referring to the hearing examiner shall also refer to the panel of hearing examiners established herein. (b) Record. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to he appropriate by HAAB. Said tape shall be retained on file for reference purposes for a period of six (6) months, however, HAAB's official record shall be the permanent summarized minutes prepared and approved by HAAB, which shall be placed on file in the office of the Building Official. (c) Reporting. The proceedings at the hearing shall also be reported by a certified court reporter if requested by any party thereto who submits the fee prescribed therefor at least five days prior to the hearing. A transcript of the proceedings shall be available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may he established by HAAB, but shall in no event be greater than the cost involved. (d) Continuances. HAAB may grant continuances, for good cause shown; however, when a panel of hearing examiners has been assigned to such hearing, no continuances may be granted except by the panel for good cause shown, provided the matter remains before at least three of the same panel members. Sec. 5-11-6. Performance of abatement work. Chapter 15 of the Uniform Housing Code, 1976 edition, and Chapter 8 of the Uniform Code for the Abatement of Dangerous Buildings, 1976 edition, relating to performance of abatement work shall be amended to read as follows: PERFORMANCE OF ABATEMENT WORK OF REPAIR OR DEMOLITION Section 1501 UHC and Section 801 UCADB. Procedures. (a) Petition for hearng. When any abatement work of repair or demolition is to be done or requested by the city pursuant to the enforcement provisions of this code, except in emergency situations, the Building Official shall petition the Board of City Commissioners to hold a hearing and order the property owner(s) to show cause why the city should not abate by repair or demolition a substandard or dangerous building or structure constituting a public nuisance. Notwithstanding the provision of any other ordinance pertaining to hearings before the Board of City Commissioners, said hearings may be held either before the Board of City Commissioners or said Board of City Commissioners may direct the matter to be heard before a panel of hearing examiners of HAAB to conduct such hearings to determine the facts and make recommendations and findings to the Board of City Commissioners. (b) Panel of hearing examiners. In the event the Board -4- '7 of City Commissioners may direct a panel of hearing examiners from HAAB to act as hearing examiners in abatement proceedings, HAAB shall select at least three individual members of its board to act as the panel of hearing examiners and designate one as acting chairperson. The Board of City Commissioners of said panel of hearing examiners shall have the power and authority to call, preside at, and conduct hearings to consider whether or not structures are dangerous or substandard buildings under this code constituting a public nuisance to be abated by the city by demolition or repair, including the power to issue subpoenas, administer oaths, examine witnesses, receive evidence, compel attendance of witnesses and/or the production of witnesses or evidence; and based upon the evidence presented, prepare for the approval of the Board of City Commissioners, findings of fact, conclusions of law and proposed orders for said board. Hearings shall be conducted as provided in this code. The owner(s) shall have the right to appear at said hearing in person or by counsel or both, present evidence and oral argument, cross-examine witnesses, and in all proper ways defend the owner(s) ' interest. (c) Notice of abatement hearing. Reasonable notice (not less than ten (10) days) of the time and place of said hearing together with a petition for abatement setting forth the nature of the complaint against the property sufficient to reasonably inform the owner(s) and enable them to answer the charges of the complaint, shall be served upon the owner(s) personally or by mailing a copy to the owner(s) at their last known address appearing on the last assessment rolls for the property on file in the County Assessor's office. (d) Action by hearing examiners. Within thirty (30) days of the conclusion of abatement hearings held before HAAB's panel of hearing examiners as provided in (a) and (b) above, said panel shall submit to the Board of City Commissioners a report of written findings of fact, conclusions, recommendations and proposed order based upon and supported by the evidence presented at the hearing. A copy of such findings, conclusions, recommendations and order shall be mailed or delivered to each party on the date they are filed with the City Commission. (e) Consideration of report. The Board of City Commissioners shall fix a date, time and place to consider the panel of hearing examiners' report and proposed recommendations. Notice thereof shall be mailed to each party to the action not less than ten (10) days prior to the date fixed unless otherwise stipulated by all parties. (f) Exceptions to report. Not later than two (2) days before the date set to consider said report, any party may file with the City Recorder and two copies of written exceptions, proposed additional or alternative findings to any part or all of the hearing examiners' report and may attach thereto a proposed decision together with written argument in support of such decision. Such exception must also indicate whether or not the party desires to present oral argument, which may be heard only with the consent of the Board of City Commissioners and said argument shall be confined to the issues set forth in the written exceptions or as otherwise limited by the Board of Commissioners. (g) Disposition by the Board. The Board of City Commissioners may adopt the report of findings as the basis for its action in the abatement proceedings, or upon filing its own statement of the legal or substantial basis in the -5- T.r 35 record therefor, it may: (i) Reject all or any portion of the report's findings and remand the same back to the same panel of hearig examiners for further hearing and findings on specific issues; (ii) Disregard any portion of the report's findings and proceed to take action upon the remainder of the findings; (iii) Substitute alternative or additional findings of fact on the issues presented to the examiners, if the substituted findings are supported by a preponderance of the evidence in the record. Upon remand of any portion of the panel's reported findings, the same panel of examiners shall conduct further hearing proceedings to the extent necessary to make findings on the issues remanded for further hearing. Upon remand, the panel of examiners shall prepare and submit its revised report and findings as provided in (d) above. Consideraton of the revised report by the Board of City Commissioners shall comply with (e)-(g) above. (h) Order of City Commission. Upon disposition, the decision of the Board of City Commissioners shall be made in a written order supported by findings of facts, which may be those submitted by the panel of hearing examiners if approved and adopted by said board or as the report may be modified, reversed or rejected by the Board of City Commissioners. A copy of the decision shall be mailed to parties-in-interest or their counsel. All orders entered by the Board of City Commissioners shall be final and shall be effective as of the date stated in such written order. Said order shall specify the manner in which the expense of any abatement work ordered shall be charged and collected from the owner(s) as an individual obligation, a special assessment, and/or as a certified property lien as provided below. Section 1502 UHC, and Section 802 UCADB. Abatement work. (a) Procedure to accomplish abatement work. Upon the order of the Board of City Commissioners to complete abatement work by demolition or repair, the Building Official shall cause the work to be accomplished by city personnel or by private parties under his direction. Plans, specificatons, bidding proposals, etc. therefore, may be prepared by the Building Official or his designee, or said official may employ such appropriate professonal assistance that he may deem reasonably necessary. (b) Expense to be charged to owner. The expense of such work, including costs of professional assistance, shall be paid from the repair and demolition abatement fund and charged against the property and/or its owner(s), placed as a special assessment on city tax rolls, and/or certified directly to the county treasurer as a certified property tax lien, whichever the Board of City Commissioners shall determine is appropriate at the time it enters its order. Section 1503 UHC and Section 803 UCADB. Repair and demolition abatement fund. (a) Use of fund. The Board of City Commissioners shall establish a special revolving fund to be designated as the repair and demolition abatement fund and shall oversee its administration. Recommendations to the Board of City Commissioners for the use of the fund may be made by HAAB. Upon the order of the Board of City Commissioners for the Building Official to proceed with -6- 3.) abatement work, the Building Official may make demand for disbursements to be made out of said fund to defray costs and expenses which may be incurred by the city in doing or causing to be done the necessary abatement work as ordered. (b) Revolving fund. The Board of City Commissioners may, at any time, transfer to said repair and demolition abatement fund, out of any money in the city's general fund or such other sources that may be available, such sums as it may deem necessary in order to expedite the performance of abatement work. Such sums, though transferred to the fund, may be deemed a grant, or at the option of the Board of City Commissioners, may be deemed a loan to said fund which may be repaid out of the proceeds of collection as hereinafter provided for. All funds collected under the proceedings hereinafter provided for, shall be paid to the City Treasurer who shall credit the same to the repair and demolition abatement fund. Section 5-11-7. Recovery of cost of repair or demolition. Chapter 16 of the Uniform Housing Code, 1976 edition, and Chapter 9 of the Uniform Code for the Abatement of Dangerous Buldings, 1976 edition, shall be amended to read as follows: RECOVERY OF COST OF REPAIR OR DEMOLITION Section 1601 UHC and Section 901 UCADB. Account of expense and filing of reports. Contents. The Building Official shall keep an itemized account of expense incurred by the city in the abatement by work authorized by an order of the Board of City Commissioners under this code. Within ten (10) days of the completion of the abatement work of demolition or repair as ordered by the Board of City Commissioners, said Building Official shall prepare and file with the City Recorder a report specifying the work done, the itemized and total cost of the work to be reimbursed, a description of the real property upon which the building or structure is or was located, and the name and addresses of the property owner(s) joined as parties in the abatement proceeding or otherwise entitled to notice pursuant to this code. Concurrently, the Building Official shall file three copies of the account with the County Treasurer and mail a fourth copy of the account to the named property owner(s) demanding payment within twenty (20) days of the date of mailing by certified or registered mail to the last known address of the property owner, or the address shown on current property tax rolls. Section 1602 UHC and Section 902 UCADB. Protests and objections. How made. Any property owner(s) or interested parties affected by the proposed charge who desire to protest the amount or method of collection, shall file a written protest or objection with the City Recorder within twenty days of the date of the demand and mailing of the report. Each such protest or objection shall contain a description of the property involved and state the grounds of such protest or objection. The City Recorder shall endorse on every such protest or objection the date it was received in the Recorder's office and shall present such protest or objections to the Board of Commissioners to be set for hearing and no other protest or objection shall be considered. The Board of City Commissioners shall fix a time, date, and place for hearing of said objection and shall cause the City Recorder to prepare notice of said hearing to he posted upon the property involved, published -7- r once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner(s) of the property at the address as it appears on the Building Official's report or on the address submitted on the protest. Such notice shall be given at least seven (7) days prior to the date set for hearing and shall specify the date, hour and place when the Board of City Commissioners will hear and pass upon the Building Official's report, together with the objections and protests that have been filed. Section 1603 UHC, Section 903 UCADB. Hearing of protest and approval of report. Upon the day and hour fixed for hearing, the Board of City Commissioners shall hear and pass upon the report of the Building Official together with objections made thereto. The Board of City Commissioners may make such revision, correction, or modification in the report or the charge as they may deem just and when the Board of City Commissioners is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be affirmed or rejected. The decision of the Board of City Commissioners on the report and the charge, and all protests, objections thereto shall be final and conclusive. If no objections to the items of the report are so filed or made within twenty (20) days of the date of the mailing of such report by the Building Official, the City Recorder shall so certify upon the report which will be deemed to be approved by the Board of City Commissioners. In the event the abatement order of the Board of City Commissioners directed the charge to be certified to the County Treasurer as a certfied lien to be included upon the county tax rolls, the Recorder shall send a copy of the approved report to the City Treasurer and certify the same as a lien to the County Treasurer and the Board of County Commissioners. Section 1604 UHC, and Section 904 UCADB. Method of collection. (a) Selection of method: The Board of City Commissioners, in its order of abatement work as provided herein or in its order as it may be modified upon a hearing and protest, may order that the charge of any abatement work shall be made a personal obligation of the property owner, a special city assessment against the property involved, and/or be placed as a certified lien on the assessment rolls of the county. (i) Personal obligation. If the Board of City Commissioners orders that the charge to be made a personal obligation of the property owner, it shall direct the City Attorney to collect the same on behalf of the city by use of all appropriate legal remedies. (ii) Special city assessment. If the Board of City Commissioners orders the charge to be assessed as a special city assessment against the property, it shall confirm the assessment and direct the City Recorder to transmit the Building Official's report to the City Treasurer to be recorded on the special assessment roll on the city tax rolls, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. (iii) Certified lien against property to be collected with property taxes. If the Board of City Commissioners orders abatement by demolition and orders the charge for such expense, in addition to being assessed as a special assessment against the property, to be certified to the County Treasurer for placement upon its appropriate rolls to -8- 3 be collected by the County Treasurer at the same time and in the same manner as general property taxes, then the City Recorder at the expiration of demand period (twenty days from the date of the mailing of the itemized statement from the Building Official) if no objections are filed within said period, or upon the action of the Board of City Commissioners following the hearing of an objection or protest, shall submit the County Treasurer's office a certification that the amount approved as a special assessment is to be placed as a certified lien against the property for the improvement of real property. (b) Action by County Treasurer upon certified lien. Upon the receipt of the itemized statement in triplicate from the Building Official, and the certification from the City Recorder relating to the costs of abating such structure by demolition, the County Treasurer shall forthwith mail one copy to the owner(s) of the land from which the same were removed, together with notice that objection in writing may be made within thirty (30) days to the whole or any part of the statement so filed with the Board of County Commissioners. The County Treasurer shall at the same time deliver a copy of the statement to the Clerk of the Board of County Commissioners and the City Recorder. If objections to any statement are filed with said County Commissioners within thirty days, the objections shall be set for hearing, giving notice thereof to the owner(s) of the property involved and the protestant, together with a copy thereof to the County Treasurer, the Building Official and City Attorney. The Board of County Commissioners, upon the hearing of the same, shall fix and determine the actual cost of abating said structures and report their findings to the County Treasurer. If no objections to the statement so filed are made within thirty days of the date of the mailing of such itemized account by the County Treasurer, said Treasurer shall enter the amount of said statement upon the assessment rolls of the county in the column prepared for the proposed certified liens; and likewise, within ten days from the Board of County Commissioners' action upon objections filed, shall enter in the prepared column upon tax rolls the amount found by the Board of County Commissioners as the cost of such abatement work. If current tax notices have been mailed for the year, said certified lien may be carried over on the rolls of the County Treasurer to the following year. After the entry by the County Treasurer of the costs for such abatement work, the amount so entered shall have the force and effect of a valid judgment of the district court, and shall be a lien upon the property involved and shall be collected by the County Treasurer at the time of the payment of general taxes. Upon payment thereof, receipt shall be acknowledged upon the general tax receipt issued by the County Treasurer and the funds shall be reimbursed back to the City Treasurer and credited to the repair and demolition abatement fund. Section 1605 UHC and Section 905 UCADB. Contest - Time limitation. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced in a court of competent jurisdiction within thirty (30) days after the assessment is placed upon the assessment rolls provided herein. An appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment. Section 1606 UHC and Secton 906 UCADB. Authority of installment payment of assessments with interest. The Board of City Commissioners, in its discretion, may determine that -9- 3 assessments which are special assessments on city tax rolls in amounts of $500 or more, may be payable in not to exceed five equal annual installments. The Board of City Commissioners' determination to allow such assessments to be paid in installments, the number of installments, and whether they shall bear interest and the rate thereof, shall be specified in the order of abatement, or any order issued as a result of a protest or objection to the Building Official's report. Said authority to allow installment payments of assessments with interest, shall only be allowed on special assessments placed on the city tax rolls, and shall not apply to any assessments which are directed to be placed as a certified tax lien on county tax rolls. Section 1607 UHC and Section 907 UCADB. Lien of assessment. (a) Priority. Immediately upon its being placed on the assessment rolls of either the City Treasurer's office or the County Treasurer's office, the assessment shall be deemed to be complete, the several amounts shall he payable, and the assessments shall be liens against the lot or parcels of land assessed respectively. The liens shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens, except for state, county and municipal taxes with which it shall be upon a parity. The lien of the special assessment placed on the special tax assessments of the City Treasurer's Office, shall continue until the assessment and all of the interest due and payable thereon are paid. The lien of any special assessment certified and placed upon the tax rolls of the County Treasurer's office, shall continue until the assessment and all interest due and payable thereon are paid or otherwise collected in the same manner as general taxes or are sold pursuant to the general law and taxes. (b) Interest. All such assessments appearing on the City Treasurer's assessment rolls which remain unpaid after thirty days from the date of recording on the assessment rolls, shall become delinquent and shall hear interest at the rate of seven percent (7%) per annum from and after said date. All such assessments which remain unpaid after the date of recording on the assessment roll within the County Treasurer's office, shall become delinquent and shall hear interest as provided by the laws affecting the collection of general taxes. Section 1608 UHC and Section 908 UCADB. Report to assessor and tax collector; addition to assessment of City tax. After confirmation of the Building Official's report, certified copies of the assessment shall be given by the City Recorder to the City Assessor a; e City Treasurer, who shall add the amount of the assessment as a special assessment to the next regular tax bill levied against the parcel for municipal purposes. A certified copy of the assessment and all assessments for the special assessments for charges made from the repair and demolition abatement fund, may be filed by the City Treasurer with the County Auditor on or before August 10. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map book for the current year. Section 1609 UHC and Section 909 UCADB. Collections of assessments; penalties for foreclosure. The amount of the special assessment shall be collected at the same time and in the same manner as the ordinary municipal taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, -10- 3.) collecton and enforcement of municipal taxes shall apply to such assessments which appear upon the rolls of the City Assessor and Treasurer. If the Board of City Commissioners has determined that the charge shall be placed as an assessment upon the city tax rolls, and that said assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for collection as provided for ordinary municipal taxes. Section 1610 UHC and Section 910 UCADB. Repayment of repair and demolition fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit the same to the repair and demolition abatement fund. Sec. 5-11-8. Conditional permit for temporary securing. (a) Conditional permit - application and effect. With the prior approval or upon the order of 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 he 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 conditioned upon payment of the permit fees and compliance 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 he 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 conventional 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 sides or the wide dimension perpendicular 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 -11- 33 non-glass door adequately locked to preclude entry of unauthorized persons or shall be covered as an opening described above. (c) Terms and fees. Unless specifically stated otherwise 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 provided 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 comence 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. (e) Expiration of 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 hereinabove 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 Building Official 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 against the property pursuant to procedures set forth in Chapter 15 and 16 of the Uniform Housing Code as amended herein. (f) Recording. The action of the HAAB in ordering the approval or denial of a conditional permit application shall be recorded against the property in the Salt Lake County -12- Recorder's office and shall constitute 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 of 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 Commissioners should 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 part which fails to request a review as provided herein, shall be deemed to have waived such review. SECTION 2. In the opinion of the Board of Commissioners of Salt Lake City, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon the date of its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 14th day of M , 1979. /FLAY R CITY RECORDER (SEAL) BILL NO. 35 of 1979 Published March 22, 1979 -13- 3J • AN ORDINANCE , AN ORDINANCE amending Chapter 11 of Title 55 Revised Ordinances of Salt Lake City,1965,as amended,relating to the • adoption and mendmnnl of uniform codes and abatement n u�pracaHERsEAS,l this bbooard finds°thate it will be in the beer interests at the public to amend the current code procedure relating to abatement of dangerous or substandard buildings by Providing the opportunity for the Board of City Commissioners to appoint a panel of hearingexaminers selected fro members of the m Housing Advisory and Appeals Board to conduct hearings to determine facts upon which proposed findings of facts and orders will be submitted to the Bard of City Commissioners for Affi action; davit of Publication Be It Ordained by the Bard"/Commissioners of Sae Lake City,Utah: ed Ordinances of Salt Lake CiON 1.That ty,Utah,1 ft 965,rellating to e 5 of the adoption and amendment of uniform codes and abatement p cedures applicable to existing housing,be,and the same hereby is amended to read as follows: Chdet°r 11 Sections: HOUSING abaorri11 -i.en of Uniform'd housingeerous buildings ddand duniform code for the SS. i 5-11.2.Governing body 5-11-3.Housing inspection lees. Sit- Cod"tAdvisory and Appeals Board. 5. nut f hearing nneals Shana D. Conaty 5-116,Performance of abatement work. 5-11-7.Recovery of cost of repair or demoliton. 5-I1-8.Conditional permit for temporary securing. Sec,5-I I-I.Uniform Housing Code and Uniform Code for the Abatement of Dangerous Building adopted. The Uniform Housing Code,1976 edition,hereinafter sometimes referred to as Being first duly sworn,deposes and says that he is legal UNC".and the Uniform Code for the Abatement of Dangerous Buildings, hereby adoetaed be°s 'make"af;ed'"OS the advertising clerk of the DESERET NEWS, a daily ordinances,tsrandex pti nsthelretoas e'reinafterse(u't;three (except Sunday) newspaper printed in the English copies of said codes shall be filed for use and examination by the purpose In t the ose ffice of the tCity it oRecordide r of Salt al a';a Lake The language with general circulation in Utah, and the dtprotectio of life,andt'hhealth, owtnnrsentlrly,safety, a ny,and wof elfare published in Salt Lake City, Salt Lake County, in the Hereafter general sffLake City and providing for violations thereof. State of Utah. dings Hereafter all references in the revised ordinances of Salt Lake City,Utah,1965,to the Uniform Housing Cale and Uniform Code for Ihe ted by Section 511.1"t ol are amended and s Buildings, o7 read thebUnifor t Housing Code,usBo,l6 edition and Uniform Cale for the Abatement That the legal notice of which a copy is attached hereto of Dangerous 5-11-2.GovernIng7bboddy.All references to the city council in the Uniform Housing Cede,1976 edition and the Uniform Code for the Abatement al Dangerous Buildings,1976 edition,as Pub notice to amend an ordinance relating to the adopCommissioners by ersilof Salt 1 are Lakee City,hereinafterd to read the(erredrd"to Its "Board of City Commissioners". re as an existing Ingle family3dwellin""housinglon unit Inspection shalSec. foes.The feel not exceed adoption & amendment of uniform codes & abatement fifteen dollars.An additional lee of five dollars shall be charged far every additional dwelling unit on the premises. f the Uniform Hosing Code,1976 edition andboard. ecto Section5 o the procedures applicable to existing housing Uniform Code for the Abatement of Dangerous Buildings,1976 edition, entitled Housing Advisory and Appeals Board, a adopted by Section 5-11-1 of this chanter are amended to read as ollows: HOUSING ADVISORY AND APPEALS BOARD SectionPs03 UHC and Section 20.5 UCADB.Housing Advisory and interpretation of'theuprovisions of order cederantltld°for an appeals ovided hereunder,there is hereby established a housing advisory and appeals board,hereinafter referred toes"HAAB". HAAB shall have the authority and power t0: n Interpret are provisions of tins code' waspublished in said newspaper on ,March 22, 1979 :23 dtcorder,requirement,decsionlordeterminationmade by an administrative off idol in the enforcement of this code: (3)Recommend new procedures to the Building Official and new ordinances to the Board of City Commissioners, I (a) Upon Me request order of the Board of City Commissioners,sit as panel off hearing examiners to hear and regg)oporgy'dings offacts,conriudVenr inin'erUdersfo me engs rf ruc cpm19 u,nlers tb this code whtmee pu nm :: ,�. ,-; V�.,(;�_. nuisances orestructures uiringf°batement by demolition constitute by the city at)the owner's expense; repairLegal Advertisinrk demosltlo abatement fund to defray city revolving xpen egInrabatement ` procedures and the manner of collection of the same,be it by suit, special assessment or placement of a certified lien against the property. ro 1bMembership and terms.p HAAB shall consist of ten(10)I before me this 28th day of annelnted rs by the are tof City Commissoneris.Members shall shell hold office for a term of three years.Terms shall be staggered so pat he nymar'sires ofa then oar me bars sban A.D, 19..7,u- terminate in any one year.Members shalt se rye until their duly apeelnted su hers are appointed.Any successor appointed to NII a vacancy on the Board shall serve out the orielnal term,antl may be eligible serve for additional terms Rules (c1 Rules and procedure.HAAB shall adopt reasonable rules and tires for conducting their hearings and otherer business consistent with the procedures for appeals and abatement hearings as set forth hereinafter.All decisions sall b reflected f', / . '.� -ir- in the minutes and reduced to wilting o an abstract of findings ,•. . /,.- r..(' ; end order which shallp be hied with the Building Otuclal and a shad i,a°m Ioialrhied"by°in amps oiririeirihia or'meheely Notary Public ec IdfbVof ne Tbeb1uncurring vote eta malerlty of a quorum of HAAB shall be necessary to reverse any order,requirement or deterMlnnation of any administrative official,or todecide in favor yea 1 ed Iepl ainminetyhi'nda t Hlis<ode a e in srtitle..Iorn close shall any such decision of HAAB affect a variation in the Provisions of the cafe or any related ordinance or provision of S committeee m dieppo of members of There lity'ss admt administrad tive staff, including One member from each of the fallowing organisations and departments:Division Of Building Housing Services,Division of Planning and Zoning,City-County Health Department, go eel Department yr tParks and Public Authority,Law AgennPubllc Works Department and Office of Citizen Participation.Said support committee shall offer advisory staff and coordination support to HAAB and shall meet at the request of HAAB or upon its own directive. Said committee may establish Its own reasonable rules and regulations for pconducting its business.w of the uunllerm Hoouuduct sing Code,f a1976 editionnls.Sections and Section16011(a�(d) of 1976 editionorm n relating°tofor pr procedures forcondect ont of f hearing erous Buildings, shall be amended to read as allows: PROCEDURES FOR CONDUCT OF HEARING APPEALS Section 1301 UHC,Section 601 UCADO.General conduct for I hearing appeals. - casesaa Hearing m designates.one of its members a "t conduct the three members to fore seArve as h or earriing examiners t to conducat appeal hearings.In the event a panel of hearing examiners hear the case on appeal,they shall exercise all powers relating to the conduct of hearings,prepare proposed findings of facts,conclusions and orders and submit the same to HAAB for decision on appeals,and ;y7:e legal Netiees ',gal Notrres at UN time,transfer to said repairr paiy dvdCommissioners n olitionlo batermnent to the Board of City commissioners IOr decision on anatemenl und out of any money in the city's general fund or such other • ridings.Any reference in said code referring to the hearing sources that v be available,such sums as't deem xa examiner Shall also refer to the panel of hearing eminers order to expedite the performance of abatement established heroin. work.Such sums,though transferred o the fund,may be deemed (IN Record.A record of the entire proceeding shall be made a grant,or at the option of the Board of City Commissioners,may be tape recording,or by any other means of permanent recordlno be deemed a loan to said fund which may be repaid out of the determined to be aperonrlato by HAAB.Said tape shall be proceeds of collection as hereinafter provided for.All funds retained on file for reference purposes for a period of six(6) collected under the proceedings hereinafter provided for,shall be months,however,HAAB's°fltclar record shall be the permanent paid to the City Treasurer who shall credit the same to the repair summarized minutes pp pored end approved by HAAB,which and demolition abatement fund. shall be placed en file In r the office of the Building Official. Section 56-I I-7.Recovery of cost of repair or demolition. (c)Reporting.The proceedings at the hearinghall also be Chapter 16 f the Uniform Housing Cede,197/i edition,and reported by a cerllllod court reporter If requested by any party Chapter 9 of the Uniform Code for the Abatement of Dangerous thereto who submits the fee prescribed therefor at least tivo days Buildings,1916 edition,shall be amended to read es follows: I prior to the hearing.A transcript of the proceedings shall be RECOVERY OF COST OF REPAIR OR DEMOLITION available to ell parties up request and upon Payment of the fee Section 1601 UHC and Section 901 UCADB Account of sc p orlbed therefor.Such may be established by HAAB,but expense and tiling f reports.Contents.The ealiiting Official shal In no event lad greater than the cost Involved. r shall keep an item zed account of expense incurred by the city in (Q)Continuances,HAAB may grant continuances,for gond the abatement by work authorized by an order of the Board of cause shown,however,when a panel of hearing examiners has City Commissioners under this code.Within ten(10)days of the been assigned to such hearing,no continuances may be granted completion f the abatement work of demolition or repair as except by the panel ter good cause shown,provided the matter ordered by the Board of City Commissioners,said Building remains 5 fore at least three of the same panel members. �icial shall prepare ad file with the City Recorder a report Se 5.11-6.Performance of abatement work Chapter IS of pe ifyi g the work done,Me itemized end total cost of the work the Uniform Housing Code,1976 edition,and Chapter B of the t be reimbursed.a description of the real properly n which e Uniform Code for the Abatement of Daof.rrus Buildings,1976 the building orstructure or waslocated,and he name and eition,relating to performance of abatement work shall be addresses of toe property otherwise wined as parties in the amended to read as follows: abatement proceeding or otherwise entitled to notie pursuant to PERFORMANCE OF ABATEMENT WORK his code. OF REPAIR OR DEMOLITION Concurrently,the Building Official shall file three copies of Section 1501 UHC d Section 801 UCADB.Procedures /a) the account with the County'Treasurer and mall a fourth copy of Petition for hearing-When any abatement work of repair r the account halite named properly owner(s)demanding Payment' demolition Is to be done or requested by the city pursuant to the within twenty(70)days of the date Of marling by certified or enforcement ent provisions f this code, except In a registered mall to the last known address of the property owner, rtuations,the Building Official shall petition the Board of Cihv or the address shown on current property tax rolls. Commissioners l0 hold ha hearing and order the property Section 160'z UHC and Section 907 IICADO.Protests and owner(s)to show cause why the city should not abate by repair or oblections.How made.Any property n r(s)or interested dam Iltlon a substandard or dangerous building or structure Parties affected b te proposed charge who desire o protest the on Iitufin public nuisance. amount t or method of collection,shall file a written protest er rNotwi Notwithstanding the provision they ordinance objection with the Clay Recorder within twenty days 0l the date of pertaining to hearings before the Board of any Commssioners, the demand and ling of the report.Each such protest or CId hearings may be held either before the Board of City oblecthe shall contain a description of the property Involved and mmlteor t ri or said Board f City Commissioners mayy direct state the grounds of ne su protest or objection the City Recorder theHA matter to be heard before I of hearing examiners of shallendorse on every s eh protest or hbieorion the date it was recommendations o conduct such heerines to determine the facts and make d in the Recorder's Office and shall present such protest re o emendation and findings to the Board of City Commis' receobjectionsived Cu the Board of Commissioners to be set for hearing (b)Panelof hearing minors.In the event the Board of and no Other protest or objection shall be considered.The Board City Commissioners ee directir a panel of hearing examiners of City of said obiecti shall six time,date,C and place for from HAAB tof as hearing miners In abatement prepare and Ob and shall cause the Cony Recorder to dings, HABshall select at leastthree individual Prepare notice f said hearing to be posted upon the property me bers of its heard o act es the panel of hearing examiners involved,ty published sit oncserved by newspaper ail, t c postage preps in d, rid desi{gpnate a ectlnB hairperson.The Board of City ad eo rid served by he pro m d,e eprepaid, it 'Comm stoners of said panel el hearing examiners shall have the ppearse re the owner(s) ttlyl petty orihon address e Is end authority to call,preside al,and conduct hearings to asppears the Buildingon the estOh notice t thleast eaddressseve ,power conalder whether t structures are dangerous or substandard )dews rirtothedateuchnohcearte band shaen lt leech Me buildings under this code constituting a Public nuisance to be date, tlays r a plat, the date set for rearing end shad loners he abated by the city bydemolion or repair,ncluding the power to here,hour and 000 when the Board of CityrCommiogi hers willh Issue nubooenas,administer oaths,examine witnesses, ec ive hear and ass pop the Building have be report,together with e witnesses compel attendance of witnesses and/or the production the objections and protests that have been filed. of witnesses or evidence;and based upon the evidence presented, Section 1603 UHC,Section 993 UCADB.Hearing of protest pre PPee for the approval of the Beard of City Commissioners, and approval of report.Upon the day and hour fixed for hearing, beAr• dgs of fact,conclusions of law and provided d orders for• d the Board f Citr Commission shall hear and Oepass upo s he ever/He shalt have ths shell eeright to aeepeaen saaid hearing In eorson this code.The ereto.The rt of the Building OfficCityal Commissioners h objmay make such owner(s) r b• y counsel or both,present evidence and oral argument, revision,correction,or modification in the report or the charge urine witnesses,and in all proper ways defend the as they s deem lust and when the Board of Cite o cross-examine interest. Commis satisfied wit the correctness of the charge, sun(c)Notice of abatement hearing.Reasonable notice(not less the report(as submittedor revised,corrected or modified) than ten(10)do s)of the time and place of said hearing together together with the charge shall be affirmed or rejected.The with p titior abatement setting arty the nature of the decision of the Board of City Commissioners on the report and the floe,faint age. owner(e.itand theenapleietyr sufficientto to reasonably asorebly Inforof m, charge,i and all protests,obiections thereto shall be final and complaint,shall be served upon Iheaowner(s)Personally Or by oncli no objections to the items of the report are so tiled or made malting a copy to the o erls)al theh last known address within twenty(20)days of the date of the mailing of such report appearing on the last assessment tolls for the property or.file in by the Building()Metal,the City Recorder shall s0 certify u i e ounty Assessor's office. the report which will Sr deemed to to approved by the Board of the conclusion ofion valbetementxaminers hearings eldbefoh iertHA0)s vs of panel Board of CitysCommissioners directed t the event the he chargetto be order certified oea el shall submit to the Boarrd of City Commissioners a repot said co to unty tax rolls.ethe Recr orderashall send a copy f ial Hen to be of thed ie approven the written findings of fact, conclusions,recommendations and report to the City Treasurer and certify the same as a lien to the • posed order based upon and s ported by the evidence County Treasurer and the Board of County Commissioners. presented at the hearing. copy of such findings,conclusions, Shinn 1604 UHC,and Section Sex UCADB, Method of recommendations and order shall be mailed o•delivered to each collection. (a) Selection of method: The Board of City party the date they are filed with the City Commission. Commissioners.inOs order of abatement work as provided ar(el Consideration f report The Board of City Commission- herein orin Its order as It may be modified upon a hearing and hshall otix a date,limn and lace to consider the panel of protest,may order that the charge of any abatement work shall earing examiners' report and proposed recommendations. be mae a personal obligation of the property owner,a special Notice thereof shall be mailed to each party to the action not less city assessment against the property involved,and/or be placed Man ten(ro)days prior to the date fixed unless otherwise as a certified hen on the assessment rolls of the county. stipulated by all parries. (i)Personal Obligation.If the Board of City Commissioners Ifl Exceptions to report.Not later than two(7)days before orders that the charge to be made Is a personal obligation of the the data set to consider said report,any party may file with the property owner,it shall direct the City Attorney to collect the City Recorder and two copies 0h written exceptions.proposed n behalf of the city be use of ail appropriate Impel additional or alternative findings to any part or all of the hearing remedies. port and may attach thereto a proposed decision Ili) pecial city assessment. If the Board of City examiners' ogethe with written argument In support of s decision.Such Commissioners orders thre to be assessed as a special city exception must also Indicate whether or not the party desires to aS3eSSMent against the property,it shall confirm the assessment 'present oral argument,which may'reheard only with the consent and direct the City Recorder to transmit the Building Official's of the Board of City Commissioners and said argument shall bereport to the City Treasurer to he recorded on the special confined to the issues set forth In the written exceptions or as sessment roll on the city tax rols, and tereafter said otherwise limited by the Board of Commissioners assessment shall constitute a special assessment against and a (e)Disposition by the Board.The Board of City Commission- lien upon the property. ems ma adopt the report of findings as the basis for Its action in (i 1 Certd led lien ainst property to he collected with the abatement proceedings,sir upon filing ifs own statement of property taxes. If the Board of City Commissioners orders the legal or substantial basis In the record therefor,it mayabatement by demolition and orders the charge for such expense, (1)baled all or y;sedan of the report's findings and in addltl on to being assessed asa special assessment against the remand the same back to the same panel of hearing 0xarninars gingerly,to be certified to the County Treasurer for placement for further hearing and findings n ceciflc issues; a ifs appropriate rolls lobe collected by the County Treasurer flit take and any upon the re et the report'sfthe findings; di nis; and faxes,Men the City Record re at the expiration of demand peeriod nroc(Oill))toSubstitutel altative or addlitional findings fact on the Issues presented to the examiners,If the subseltoted findings a ported by a preponderance of the evidence in the record. the gam remand of any portion shall conductonl ffu hdtih aring issuesprOce Tema ngs to or furthernt nhearise Linenry to nremarnd,tirerpane of issues shall prepare a e and submit its revised report and findings as provided In(dl above.Consideralion of the revised pat by the Board of City Commissioners shall comply with (e)-(a)above. (h)Order of City Commission.Upon disposition,the decision or the der suard of pported City Commissionersof facts,;l be whichmade in a written those ue by the panel of hearing examiners if appy approved and aoptd submittedy said board or as the report may be modified,reversed or'ejected be the Board of City Commissioners.A copy of the Order•hall ue maned fir par 1 ies-in-0,1er esf u�their counsel.A.II rs entered by the Board o/City Commissioners shad be nal and shall be effective as of the date staled in such written order Said batemee order shall specify the be chaargedana cholleyted from the oner(s)as a individual obligation, special assessment, an s d/or as a certified properly lien as providd ss below. Section 1602 UHC,and Section 802 UCADB_Abatement work- ()Procedure to accomplish abatement work.Upon the order of the Board of City Commissioners to comeleteahatemenf work by demolition accomr plished by citty personnel Official private Parriesnunder fits d iectlo Plans,specifications,bidding proposals,etc.there- fore,may be prepared by the Building Official or his designee,or assis- tance that he mmay deeemloreasonaappropriate reasonably nneeccessary rolessional asses (b)E cerise to becharged to owner.The expense of such work,Including costs professional assistance,shall be paid from the repair c sd demolition abatement fund and charged against the psment property and/or its owner(s).placed as a special asseaunty treasurer city a certified property tacertified xrl n directly the B e rd OS it City ent Com ifmissioners shall defermi en is appropriate at deme Section 1503 UHC end ltlon abatement f nit(a)cUse oftion Ofund.The Board of andir of City designatedCommissioners the shall re repair and demolition cial rover/Ong fund ano d shall oversee Its administration.Recommendations to the Board of City the use of te fund HAAB.Upon the otrder iers 01rthe Board of City C may nerrsa for Me Building Official to proceed with abatement work, the made)out oslaidlt fond to defray cots and expenses which disbursements may be incurred ncorre by wo kcity ulr doing or causing to he done the necessary (b) Method 0/ physical seeming. All buildings to be temporarily secured shall be Warded in the followIng manner, Unstructurs e iecified on the ground floor or easily accessible fromnth in the e ground floor shall be secured either by erection a Angle one-halt inch thick layer of plywood sheathing covering over all exterior openings overlapping the opening on every edge be three inches, nailed alone the.edges eight-penny commonbn ffssuspaced ledul 11ot1<es I owl tdol tees every six wood frame construction.The may be, shall use wood studspia site not less than two inches by four Inches placed •n t more than twenty-four l nchesaparf on center.The frame stud hall have he tour-tech sides or the wide dimension perpe irwenly days from the date I the aillnn of the itemized shall en the face of the wall Each sie of said frame shall be statement from the Building Official)d no objections are tiled covered with plywood sheathing / at least one-half Inch within said nnrlod,o non the action of the Board f City thickness or equivalent lumber nailed over the opening by using ommissioners tollowinq the hearinn of en detection or protest. ight-pennv common nails spaced every six inches on the outside shall submit to the County Treasurer's office a certification that edges and every twelve inches along intermediate stud supports. the airmen approved as a special assessment Is to be placed as a All coverings shall be painted with the scone color as the bulldln° certified'ten against the property for the improvement of reel or its trim Whole glass areas alcove around floor'are acceptable property so long they remain Intact,but if broken,they must be covered Ib)Action by County Treasurer peon certified lien.Upon the as provided above ExterlOr doors shall be secured by a strong aft of the temlzed statement in triplicate from the Building .Blass door adequately locked to preclude entry of coauthor- Oltfclal,and the certification tram the City Recorder relating to Tied r Ons or shall bes covered aste an dpenine'described above the costs of abatinthwith mail structure one copy demolition, owner(s)County of the M B,en Initial conditionalieermit to seciure shall extend for 20 Treasurer shaydays after which it will expire.Extensions of up to thirty(30) lend from which tit same were removed,wit together 301 notices days y be authorized by the Building Official where that hole tun In writing they be made so file thirty he Board to reasonable,but in no event shall the Building Official grant an the whyole or any part f The County 1 reaeureer with the the srame x in excessf sixty(d0)days without IIAAB's approval County ime deliver a copy of the statement to the Clerk of the Beard of d the Builng fficial shall report all extenslans granted to County Commissioners and the COO Recorder.II blections to HAAB.Unless provided otherwise, ring authorized Under any statement at- Bled with sold County Commissioners within per l e commenced within seven Ill'days of its thirty days,the obiecIIons shall be set Inc hearing,slung notice such n and the permit will expire if the work is not completed thereof to the a(%) of the property involved d the within fifteen(15)days of its issuance.The lollowino fees for said error tt,together with a copy thereof to the County Treasurer, initial conditional permit or extension thereof must be paid nd the Building Official and City Attorney.The Board f Countyaccompany the application to otset City inspection and rn Coml signers, ora n Io rt n hearing of the same,shall fix and surveillance expense- determine the actual -t 01 harinn said structures and report Initial 120 days $10.00 their findings to the County Treasurer.If no°bleCtiOns to the Each subsequent to naddl ;Wday period statem eni so tiled are made within thine days of the date of the Each subsequent a311-dadperrad s30.00 ailing of such Minereu account by of County Treasurer,sand thereafter- assesrnr shell enter tnoa n roe s upon MI Duties of owner,The property owner shall be respoS60.nsible I Ile of thecounty In ise•coldii n en sd far the to pay all anticipated permit lees and obtain a permit to secure proposed certified liens;and firs'action within ten days fnsfl the following appval from HAAB.The owner shall be responsible hOalA ni Coonth Commissioners' too pen oble the unt to maintain all buildings a properly secured fashion shall enter In the pf Countd column upon taxrolls cost amount in paragraph(bl above,and to maintain and keep the Cooedabate bent work.rIff current tax notices have beennmiled r theprovided property free from debris,liter and weeds.The Building Official year,said certified lien may be carried 0cr on r e rolls ofthe l cause a hi-monfhly inspection to insure the buildings remain County Treasurer to the following yea properly,secured and maintained.If after HAAB approval the County Treasurer of thecosts for such abatement ach,the ownerfal to timely Obtain a permit or comply with terms out o entered hall ave the force and effect of a lid ereof,the owner shall receive a warning by tetephone Of iudamoment of the district court,and hall be a lien upon the possible)together ith iten conliemallon of the w rnlne properly Involved and shall collected by the County Treasurera from the Ba)ding Official Elie owner shall commence action to rho lima f the payment of general taxes.Upon mermen, correct the deficiency within live(5l ears g/such notice or goner thereof,receipt shall be cknowledgod upon the general tax appropriate time as designated by the Building Official,Or the n Ict Issued by the County Treasurer and the funds shall be pormit shall be cancelled by the Building Official. reimbursed back to the City Treasurer and credited to the repair eel Expiration of termination of permit.Failure of the owner nd a demollllon abatement fund top rewired permit fees,obtain permit,commence or Section 1605 UHC and Section 905 UCADB.Contest—Time complete work as ordered,or to correct-securing deficiencies as limitation.The validity assessment made under the required her'ebov ill result In the termination and of this chapter shall not be contested in any action or - cellation of the conditional permit.Notice of the expiration or provisionsceeing un1e55 dill.. sameis rod In a err a fermi nation shall be delivered personally or by certified mail and prmpet¢ntf is PllPCled upon rlbeiassessment(mlI decoded her the shall be effective five days thereafter unless any deficiencies are action or dedceedi a ted and the Building Official reinstates this permit.Said An a Weal from Mel lodgment ins such permit is nt transferable and will terminate sem the owner's ust be perfected within thirty days after the entry of.such transfer of the property. lodgment. If a conditional permit Ire Or terminates,the pre- Section 1M6 UHC and Section 906 UCADB.Authority of existing slay to the notice and order will be automatically Installment payment oft as essm eats with intere del determine that hot d of vacated and the original order reinstated.The Building Official City g Commissioners, may may proceed for abate nt of publicIs b repair Is which are special assessments on cityo tax rolls In demolition or securing al the building wit the abatement casts. aamoussessments of S500 or more,may be ple lit no to exceed five together with any unpaid permit fees to be charged to the owner Meal annual installments.The Board ofgCitylCommissioners' r levied against the propertypursuant to procedures set forth in determination t0 allow such Chapter 15 and 16 f the Uniform Housing Cade as amended Installments,the number M Installments,and whether they shell herein. Recording.The action of the HAAB inordering the War interest and the.rate thereof,shall be specified in thresder or denial of ea conditionali m-t appliance shall be of abatement or any order issued'5t as result 1 a r Or appoecoyded against theP opety in the Sail Lake County Recorder's abjection to heBuildrnI r,coreon port.intererst,shell oem ow ottice a shall cgnst iiute ice to the eubl lG Including future installment payments of as¢assment5 with interest,tax shall only t II bona tide pit/masers,that buildings and paportY V101die shall no on apply special asnysassseessmentt, hiciced On p city directedsto be code requirements and are the subiect of an outstanding notice placed as a ow'tiledatax lien on county tax col H. and order for non-compliance which has temporarily been stayed Section 1601 UHC and Section 907 UCADB. Lien of Pursuant to a non-transferable conditional permit to secure A assessment.(a)PrIorIt V.immediately upon Its Deing Placed vn notice of expiration of cancellation shall also be recorded after the as sessment ssment rolls of either the City Treasurers off Ice or the expiration becomes final indicating the slay Is vacated and the County Treasurer's onlee,the assessment shalt be deemed to he er is reinstated.Said findings shall Specify that said permit is cComplete, the several amounts hall be payable, and he non-tranlsferable arid shall terminate upon any transfer Of the assessments shall beliens op1tl in.sl the lot or parcels of land own r s tnresl ie tire.ncoeerlY- assesed resit tively.The lieens shah be subordinate to all ter Public nuts nee.Acy structure,except one sec rtl zoll.special assessment hens previously imposed Upon the pursuant to valid conditional permit to secureprovided su properly,and shall be paramount to all other liens,except hereunder, hic hat been boarded and/or vacant over two far state,county and municipal taxes wllh which it shall bo uponyears s hereby declared to be a public nuisance as detrimental to aaparllY.The lien of the special assessment placed on the special e safety and public welfare of the residents and property values tax assessments of the City Treasurers Office.shall continue of this city. until the assessment and all the interest due and payable thereon OffAdministrative review and time limitation. Any are paid.The,lien of any special assessment certified and placed aggrieved property owner or other interested party main seek um the tar tolls of the County Treasurer's office hall continue view of HAAB's decision regarding e conditional permit by untl the assessment and all interest due and payable thereon are filing a petition for revie.w,tog ther with advertisino costs paid or other wise collected In the sane manner as general taxes requesting a public hearing before the Board Ol City Commission- er o d pursuant to ihe general law and taxes. the City ,if brought within thirty(301 days of HAAB's wrlten decision. ores ents apnea rino onThe petitioner shall be responsible for all costs ofadv0rtisrnn pp (hit Interest-sm such" ,the Board of Commissioner's shall determine from the Treasurers assessment of r or whing che remainassessmentss aloes thirty minutes whether or not HAAB's decision was reasonably related become from the and shall bear'serest at rate rolls, seven tor the formation provlead and if so.shall sustain its action. nercCnt(7%)per annum from and after said date.All such Only If information Board of Commissioners should fln AAB's decision nts which remain unpaid after the date of recording o to he unreasonable or arbitrary insofar as it ...pearled by assessments roll within the Organ,Treasurer's office,shall the facts and evidence presented HAAB, is dreverseor become delinquent and hell War rest as provded by the modify HAAB's decision.A y part which fails to request a reiew affecting the colection of general taxes asprovided herein sal be Any to have waived such review laws ec ion 1606 UIIC and Section the UCADB.Report to assessorSCTION 3.In ihe oninl on of the Board of Commissioners of and tax collector;addition to as siren ° Salt Lake Cliv,it is necessary to the Peace,health and welfare°, confirmation of the ullding Official's report,certified tholes of the Inhabitants t Salt Lake City that this ordinance become ihe assessment shall be given by the City Recorder to the City effective Immediate), Assessor-Treasurer,who shall add the amount of the assessment SECTION 3.This ordinance shall lake effect upon the date of a special assessment to the next regular tax bill levied against ifs first publication. the parcel foraesmunicipal purposes Acetified COPY of the Passed by the Beard f Commissioners of Salt Lake City, se amen and all assessments for the special assessments for Utah,this lath day 01 March,1979. cnai9 de from the Tenn and demoliton abatement fund, TED L.WILSON yre ugostV0. edesriptior wlf the Creek reported shay (di L DRED V.HIGHAM Mayor be before those 10.The descriptions rcl is of lls ounty s ssessor'shallap those used rr the same varcnls on the County Assessor's map rSERecorder bookS farect the current year SLL 5 Section t 1609 HHC a t Seor ction su UCADB.Collections of BILL he 35 of h 29 special asses entalties shall he collected atre. The amount of the the same lime and in the Published March 22,19I9 (A-Sa) cosante manner s the ordinary municipal taxes are collected/and shall be sublect to the same penalties and procedure and sale in laws of delinquency too lye n1evy,folllect lion and emunnfoal rcement Olf municipal taxes hall apply to such assessments whichappear o the rolls of MC Cily Assessor-cTreasurer upon the.hoard of City Commisslgners has determined that the cI h bet l bT deceit roe m assessment t1 trart.z.nrs.roll fi antl that sold secs t shall re thereon lit its e ame man)and o dinlaryrmuncpal taxes in all be years.if the any iilstallmentsis delinquent.the amount thereof is sublect to the e penalties a d nriz.edure for Collection as provided or erdlnerh municipal taxes. Section 1610 UHC and Section 910 UCADB Repayment of pair aria de ls:anion fund.All monpv at---yeUt d by lho property of the charge or assessment o from the le cradle sale shall bepaid to he Cliy Treasurer who shall cradle the same to the repair and demalltOndtMtement fund. Sec 511-e.Conditional permit for temporary securing.(al Conditional permit—application and effect.-With the prior approval er upon the order of HAAB,a conditional permit to sec re a building o tee issued temporary non-occupancy may Issued by the Bullding Official subject fo the conditions and requirements set forthheroin. nby MC owion ner(s)of a r said Guliding Initional pviolartion secure of the may inances contained in this title,who has received from file Building Official a notice of deficiencies and order t0 repair or demolish.Said application must be made within thirty(3.days of service of said notice and order and must he accompanied with a declaration of Intentconcerning the lens, use anticipated disposition of the building,together with a 500ices dale ter the permit's termination and the anticipated permit le established in paragraph(c).HAAB,upon its own motion,may approve the fe issuance of a wcomoeir It condance iltiomd the 'o n Paymens of t of v dh ran e.The Issuance of such a conditional permifntg sec b perg pf e a temporary toy cancelled. d. and order gnu me permit¢xnias.Is terminated m i:anceiiled. 35