HomeMy WebLinkAbout7 of 1981 - Changing the name of Title 38, and amending Chapter 2 of Title 38, relating to repairs and replaceme SALT LAKE CITY ORDINANCE
No. 7 of 1981
(Repairs and Replacement of Sidewalks
and Curb and Gutters)
AN ORDINANCE CHANGING THE NAME OF TITLE 38 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965 AND AMENDING CHAPTER 2
OF TITLE 38 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH,
1965, RELATING TO REPAIRS AND REPLACEMENT OF SIDEWALKS AND CURB
AND GUTTERS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the name of Title 38 of the Revised
Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby
is changed to read "Sidewalks and Curb and Gutters."
SECTION 2. That Chapter 2 of Title 38 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to repairs and
replacement of sidewalks and curb and gutters be, and the same
hereby is amended to read as follows:
Chapter 2
REPAIRS AND REPLACEMENT OF SIDEWALKS
AND CURB AND GUTTERS
Sections:
38-2-1. Purpose and definitions.
38-2-2. Duty of owners and tenants to notify City of
defective sidewalk.
38-2-3. Defective sidewalk discovered by City.
38-2-4. Notice to replace.
38-2-5. Cost of repairs.
38-2-6. Waiver of replacement requirement.
38-2-7. Ordinary repairs.
38-2-8. Any owner or owners desiring replacement of
curb or gutter.
38-2-9. Ordinary and extraordinary repairs.
38-2-10. Exemption from payment.
Sec. 38-2-1. Purpose and definitions.
(a) Purpose. This title is enacted for the purpose of
promoting the health, safety and welfare of the inhabitants of
Salt Lake City by keeping sidewalks, and appurtenances thereto
such as drive approaches, parking bays and curb and gutter in
repair. To this end it is deemed the responsibility of owners to
notify the City of any defective sidewalks, existing at their
property.
(b) Definitions. For the purposes of this chapter the
following terms, phrases and words shall have the meanings given
herein:
(1) Apartment house. "Apartment house" shall mean a
building comprising four or more dwelling units designed for
separate housekeeping tenements.
(2) Business. "Business" shall mean any place in Salt Lake
City in which there is conducted or carried on principally or
exclusively any pursuit or occupation for the purpose of gaining
a livelihood.
(3) Defective sidewalk. "Defective sidewalk" shall mean
when any of the following conditions exist:
(a) Where the sidewalk sections or appurtenances
thereto have separated and raised or depressed to a point
that one section or even a part of a section is elevated or
depressed at least two inches above the other; or
(b) Where the sidewalk or appurtenances thereto has
shifted, or where greater than fifty percent of the surface
area of any given section contains holes or depressions,
which allow water to become entrapped or cause ice pockets.
(c) Where areas or sections of sidewalk or
appurtenances thereto, contiguous to sections which are in a
condition as defined in (a) or (b) above show similar signs
of deterioration to such an extent that they can reasonably
be considered as part of the overall defective areas, or
which must be replaced to effect a proper correction of the
defective sections.
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(d) When any of the foregoing conditions exist, the
replacement required shall constitute extraordinary repairs.
(4) Multiple dwelling units. "Multiple dwelling units"
shall mean four or more dwelling units designed for separate
housekeeping tenements when such units are so situated as not to
constitute an apartment and when such units are located on the
same lot or tract of land, or on two or more lots or tracts of
land which are connecting and in one ownership.
(5) Residences. "Residences" shall mean buildings or
dwellings comprising not more than three dwelling units designed
for separate housekeeping tenements and where no business of any
kind is conducted except such home occupations as are allowed and
defined in the zoning ordinances of Salt Lake City.
Sec. 38-2-2. Duty of owners and tenants to notify City of
defective sidewalk. Any person owning real property in Salt Lake
City and any tenant of real property in Salt Lake City shall
report to the City the fact that any defective sidewalk exists in
front of or along the side of the property owned or occupied by
said owner or tenant.
Sec. 38-2-3. Defective sidewalk discovered by City. In the
event any defective sidewalk is discovered or observed by the
City, City shall have the right to give notice to the owner or
owners of the adjacent property the same as if reported by the
owner or tenant.
Sec. 38-2-4. Notice to replace. Whenever the City receives
notice of any defective sidewalk as provided in Section 38-2-2 of
these Revised Ordinances or discovers same as provided in Section
38-2-3 of these Revised Ordinances and City deems that
replacement is necessary to be made to such defective sidewalk,
the City shall notify the property owner or owners whose property
is adjacent to the sidewalk where such replacement is needed that
unless such property owner or owners shall cause such replacement
to be made, at the owner or owner expense, within thirty days
from the date of said notice, weather permitting, to the
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satisfaction and approval of the City, such replacement may then
be made by the City and the expense thereof assessed against the
property in accordance with Section 38-2-5 of these Revised
Ordinances.
Sec. 38-2-5. Cost of repairs. (a) Whenever, after notice
is given as specified in Section 38-2-4 of these Revised
Ordinances, any replacement is made by the City or by contract
entered into by the City of any defective sidewalk, the cost
thereof shall be paid as follows:
(a) If the adjacent property is a residence, the owner or
owners may agree in writing, upon forms approved by the City
Attorney's office, to pay 50% of the cost thereof in advance and
the City shall pay the remaining 50% of the cost of replacement.
(b) For replacement made to defective sidewalk adjacent to an
apartment house, business, multiple dwelling units and any other
case other than a residence, the owner or owners of the adjacent
property shall pay the total cost of such replacement.
(c) In the event said owner or owners refuse to make the
necessary replacement or, in the case of a residence, pay 50% of
the cost in advance, the City may then create a special
improvement district for the purpose of making the required
replacement after said district is created and levy assessment on
the property in accordance with Section 10-16-1 et seq., Utah
Code Ann. 1953, as amended; provided, however, that the City may
pay up to 50% of the cost of replacement when the adjacent
property is a residence and levy the balance as an assessment
against the property. Such assessment shall be designated by the
ordinance creating the special improvement district to be paid by
the owner or owners of the property assessed over a period of
five (5) years from the effective date of said ordinance.
(d) This section shall not preclude payment being made for
replacement to defective sidewalk adjacent to a residence by the
City under special conditions, such as the City receiving a
Federal grant for such replacement, or for low income waiver or
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adjustment as provided in Section 38-2-10 of this chapter, for
which the City may determine to pay all or a portion greater than
50% of said cost. Prior to making any payment in excess of 50%
in the case of a residence, the mayor must first establish by
executive action a policy as to what percentage the City will
pay.
Sec. 38-2-6. Waiver of replacement requirement. In the
event the City shall determine that any defective sidewalk should
not be replaced because of a contemplated overall street repair
or replacement project, the City may temporarily waive the
requirement of replacement.
Sec. 38-2-7. Ordinary repairs. Any repairs required to be
made to sidewalk which is not defective shall constitute ordinary
repairs. In the event the City determines that any ordinary
repair should be made, the entire cost thereof shall be borne by
the City subject to availability of funds.
Sec. 38-2-8. Any owner or owners desiring replacement of
curb or gutter. Any person owning real property in Salt Lake
City desiring to have any curb or gutter replaced in front of or
along the side of the property owned by said owner may do so in
one of the following manners:
(a). The owner may have the curb or gutter repaired or
replaced at any time at the owner's expense; provided, however
the owner shall first obtain the permit required by Section 38-1-
1 of these revised ordinances.
(b) The owner may have curb or gutter replaced coincident
with replacement of any defective sidewalk and the cost thereof
shall be paid in the same manner as provided for in the case of
defective sidewalk in Section 38-2-5 of these revised ordinances.
Sec. 38-2-9. Ordinary and extraordinary repairs. Any
repairs required to be made to curb or gutter which does not
require replacement shall constitute ordinary repairs. The cost
of ordinary repairs and any replacement required because of
defects in the curb and gutter which would, in the opinion of the
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City, cause severe safety, drainage or road maintenance problems
shall be borne by the City, subject to availability of funds.
Sec. 38-2-10. Exemption from payment. When the owner or
owners of a residence adjacent to any defective sidewalk or any
curb and gutter which requires replacement shall have a combined
family income at or below the levels established by the
Department of Housing and Urban Development in its "Income Limits
for Housing and Community Development, Section 8 Program for Salt
Lake City and Ogden, Utah SMSA" and as amended from time to time,
the entire cost of replacement shall be paid by the City, subject
to the availability of funds. Such owner or owners shall be
exempt from the payment required by Sections 38-2-5 and 38-2-9(b)
of these revised ordinances. In order for the above income
guidelines to become effective for the purposes of this section,
the City must receive notice of such amendment and same must be
adopted by the Mayor of City by executive action.
SECTION 3. This ordinance shall take effect 30 days after
its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 10th day of February , 1981.
A.64ttk,, >ectd-e_l
C IRMAN
ATTEST:
CITY RECORDER
Transmitted to the Mayor on February 10, 1981
Mayor's Action
a0/11€14X--
MAYOR
ATTEST:
CITY RECORDER
(SEAL)
BILL NO. 7 of 1981 -6-
Published February 21, 1981
nllM-15A
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
SALT LAKE Co.ITY 9�DINANCE Shana D. Conaty
(Repairs
AN`�ORDINANCEDCeCHANGI of NG THE alks NAME OF Curb and Getters)
38
OF THE REVISED-ORDINANCES OF SALT,LAKE CITY,
UTAH,1965 AND AMENDING CHAPTER 2 OF TITLE 38 OF
1965,E RELATINDCUD RREPAIRSS OAND SALT
REPLACEMENT UTAH, Beingfirst duly sworn,deposes and says that he is legal
SIDEWALKS AND CURB AND GUTTERS. P .Y 1=i
• Belt ordained by the City Council of Salt Lake City,Utah: advertising clerk of the DESERET NEWS, a daily
SECTION I.Thai the name of Title 38 of the Revised Ordi-
nances b
f Sall Lake Clly,Utah,1965,be,and the same hereby
n,ledtoread"SidewalksandCurbandGutters." (except Sunday) newspaper printed in the English
SECTIONo Sall Lake That Chapter
Utah,1965,rele lating the Revised
repairs and language with general circulation in Utah. and
Ordi-
nancesher replacement of amended
red ass and gutters be,and the published in Salt Lake City, Salt Lake County, in the
hereby is Sidewal s a read
21IOWe.sa REPAIRS AND REPLACEMENT OF SIDEWALKS State of Utah.
AND CURB AND GUTTERS
Sections'
338-]T Purpose
ulof aowners and tenants to notify City of That the legal notice of which a copy is attached hereto
defective sidewalk.
38.2-3.Defective sidewalk discbvertd by City.
38-2-4.Notice to replace.
330-2-AW i erofreplacemenr.�gmremenL- Pub notice of Ordinance #7 of 1981
38-2.7.Ordinary repairs.
38-2-8.Any owner r ownert"desiring replacement of
curb or gutter,
38-2-9.Ordinary and extraordinary repairs.
3E-2.10.Exemption from payment.
Sec.38-2-1.Purpose and definitions.
mot ng ttheghealalth,safetyland Is welfare et cted ther lInhabi}ta is of Sail
sucLakh ash City
a averoaacches.parkingabayspandlcurbcyyand gutter
in repair.n the this of any'defeecti�ve sidewalks,responsibility
tingf owners
pro(b)Definitions.For the purposes of this chanter the fol.
lowing terms,phrases and words shall have the meanings
given herein:
ill Apartment house."Apartment house"shall me
building GUM/rising four or mere dWellIng units,designed for Feb, 21, 1981
separ�1teB n ss. "Business"shag mean any Mace In Salt was published in said newspaper on
Lake City in which there Is conducted or carried on principal-
ly or exclusively any pursuit or 9ctupation rfor the purpose Of
gaining livelihood.
(3)Defectivesidewalk."Defective sidewalk"shall mean
when any of the ollewin conditions exists /'1
la)Where me sidewalk sections or appurtenances (( -
thereto have separated and raised w depressed to a )_ L 4 !,- '; ;t -�;;�
int that one section or even a pan of d non Is T ��'� /`/\=�'� �� V
elevated or depressed at least two inches above the Legal Advertising Cldrk
other:or
has shifted,or where greater k or
fitly percent strife ,— '
surface areaof a givensection contains holes o .
depressio which a llow water to become entrapped .,
°r cause
aretas r sections of sidewalk or appur- 25th
tenancies thereto,contiguous to spawns which are In a fore m e this day of
condition as defined in(a)or(b)above show similar
signs 01 deterioration to such an extent mat they can A D
reasonably
r c areal r which considered
f be replaced rt of to effect la prop- "'`y- • 19 81
e redlon of defective sections.
g(di When any of the foregoing conditions exist,the
replacement required shall constitute extraordinary •
repairs
.r J1/,. / 1/j
shall mean Multiple
more dwelling units
110 designed separaunitte \`4 j/ J/ / f
housekeeping tenements when such units are so situated as :r_) ///t_C .a 6 `2,— -.... _.
not to constitute an apartment and when such units are locat-
f acts on of land which are c same fot or oct of nnecting ting antlrin oreowne shio or p lots or Notary Public
(5) Residences."Residences"shall mean buildings o
dwellings comprising not more than three dwelling units der
signed for separate housekeeping tenements and where no
business of any kind Is conducted except such home occupa-
'tons as areallowed and defined in the zoning ordinances of
Salt Lake Cty.
Sec.38.2-2.Duty of owners and tenants to notify City of
defective sidewalk.Anv person owning real property In Salt
Lake City and any tenant of real properly In Salt Lake City
shall report to the City the fact that any defective sidewalk
exists in front of or along the side of the property owned or
occupied be said owner or tenant. •Sec.38-2-3.Defective sidewalk discovered by City.In the
event any defective sidewalk Is discovered or observed by the
Cityr
owners
City
theh ll have the edfacent ergotsertyto thelve notice to the same as If reported he the
or tenant.
• w Sec.38-2.4.Notice to replace.Whenever the City receives
' owner
notice of any defective sidewalk as provided In Section 38-2-2
these Revised Ordinances or discovers sameprovided in
I Section 38-2-3 of these Revised Ordinances and ity deems that
replacement is y to he made to such defective side-
wlk,the City shall notify the properly owner or replacement
property is adiavole to the sidewalk where such replacement
Is needed that less such property owner or owners shall
k.expense.within thirtyt ays°llevee ttle°Idrate pin saidr notice,
weather permitting,to the satisfaction and approval f the
t,such replacement may hen be made by he City and the
wi h expense Section reof 38-2-5 oas these Ressed vised Ordlsa ainst the property in accordance
Sec.38-2-5.Cost el repairs.(a)Whenever,after notice Is
given asspecificed in Section 38-2-4 of these Revised Oral.
entered Into Into by Ithe City et made
y defective side or walkh,contract
thereof shall be paid as follows' cos
as If the 9 rev int property is a residence,the owner or
forms approved by the
Cite vrteerneY y atom
office,tog pay SO%pp°et the cost thereof in ad-
ce and
the City shall Par the remaining 50%of the cost Of
replacement.
Ott For replacement made to defective sidewalk adlacent
to an apartment house,business.multiple dniting Units and
Itleaoc
diacent property shall Pavthectotal ecost of such replace-
rent.)In the event said owner or owners refuse to make the
necessary replacement or,In the case of a residence,pay 50%
of the cost in advance,the City may then create a special
merovement district for the a of making the required
replacement after said district purpose
sgcrated and levy assessment
on the property In accordance with Section 10-16-1 et see.,
-Utah Code Ann.1953. amended;provided,however,that the
City may pay on to 50%of the cost of replacement when the
adiacenf properly Is a residence and levy tic balance as a assessment against the m y.Such assessment shall be
'designated by the ordinance creating the special Improvement
di•assses`t to baid by sed over a period attfive(5)years froms
e owner or ownersthe effecof the tive ro C to
of said ordinance.
(d)This section shall not preclude payment being made