052 of 2001 - amending the code to provide for civil enforcement of housing code violations 0 01-1
0 96-30
SALT LAKE CITY ORDINANCE
No. 52 of 2001
(Amending the Salt Lake City Housing Code to Provide
for Civil Enforcement of Housing Code Violations)
AN ORDINANCE AMENDING THE SALT LAKE CITY HOUSING CODE
PROVIDING FOR CIVIL ENFORCEMENT OF HOUSING CODE VIOLATIONS.
WHEREAS, the City has a vital interest in maintaining the quality and safety of
housing within the City; and
WHEREAS, the City has an interest in effective and timely enforcement of
housing code violations; and
WHEREAS, the City has determined that enforcement of housing code violations
would be enhanced by allowing for civil enforcement of such violations; and
WHEREAS, after hearings before the Housing Advisory and Appeals Board and
the City Council, the Council has determined that the proposed amendments to the Salt
Lake City Code are in the best interest of the City and its residents.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 18.50.030.D of the Salt Lake City Code shall be and
hereby is amended to include the following additional defined terms in alphabetical
order:
"Citation deadline" means the date identified in the second notice of
violation, including any authorized extension of time.
"First notice" means the initial notice informing the person cited that
a housing violation exists.
"Notice of compliance" means a written notice informing the person
cited that the violation has been cured.
"Person cited" means the owner, owner's agent, tenant or occupant
of any building or land or part thereof and any architect, builder,
contractor, agent or other person who participates in, assists, directs or
creates any situation that is contrary to the requirements of this Chapter,
and who received the notice of violation and is being held responsible for
the violation.
"Second notice" means the notice informing the person cited of the
date that civil fines will begin to accrue if the housing violation is not
corrected.
SECTION 2. Section 18.50.060.F of the Salt Lake City Code shall be and hereby
is amended to read as follows:
F. City Remedies: If the notified party fails to repair or secure the
property, the City may take all appropriate remedies authorized by law
including, the imposition of civil fines, obtaining any necessary
authorization to enter the property to secure it from occupancy or, if the
property conditions represent a threat to the public, abating the deficiency
as a public nuisance or taking other appropriate actions.
SECTION 3. Section 18.50.070.F of the Salt Lake City Code shall be and hereby
is amended to read as follows:
F. City Remedies: If the notified party fails to repair or secure the
property as required, the City may take all appropriate remedies
authorized by law including, the imposition of civil fines, closing all or a
portion of the building, obtaining any necessary authorization to enter the
property to secure it from occupancy or, if the property conditions
represent a threat to the public, abating the deficiency as a public
nuisance or taking other appropriate actions.
SECTION 4. Section 18.50.080.F of the Salt Lake City Code shall be and hereby
is amended to read as follows:
F. City Remedies: If the notified party fails to repair or secure the
property as required, the City may take all appropriate remedies
authorized by law including, the imposition of civil fines, closing all or a
portion of the building or securing any necessary authorization to enter the
property to make repairs.
SECTION 5. Section 18.50.100 of the Salt Lake City Code shall be and hereby
is amended to read as follows:
2
18.50.100 Enforcement.
A. In addition to any other remedies authorized by law or in this
Chapter, if the notified party fails to repair or secure the property in
question, the City may pursue any one or more of the following additional
remedies:
1. Notice of Deficiency:
The supervisor of housing enforcement may record with the Salt
Lake County Recorder's office a notice of any condition provided in
Sections 18.50.060 through 18.50.090 of this Chapter. The notice shall be
mailed to all notified parties.
2. Criminal Action.
Violations of the provisions of Sections 18.50.060 through
18.50.080 of this Chapter may be punishable as a Class B misdemeanor
upon conviction.
3. Civil Action.
Violations of Sections 18.50.060 through 18.50.080 of this Chapter
may also be enforced by injunction, mandamus, abatement, civil fines or
any other appropriate action in law or equity.
B. Civil fines may be imposed according to the following
procedures:
1. Notice.
a. If the housing inspector finds that any provision of this Chapter
is being violated, the housing inspector shall provide a written notice to the
property owner and to any other person determined to be responsible for
such violation. The written notice shall indicate the nature of the violation
and order the action necessary to correct it. Additional written notices
may be provided at the housing inspector's discretion.
b. The written notice shall state what action the housing inspector
intends to take if the violation is not corrected. The written notice shall
include information regarding the established warning period for the
indicated violations and shall serve to start any warning periods provided
in this Chapter.
c. Such written notice issued by the housing inspector shall be
deemed sufficient and complete when served upon the person cited:
(1) Personally by the inspector or his or her representative; or by
mailing, postage prepaid, by certified mail, return receipt requested,
addressed to the person cited at the last known address appearing on the
records of the County Recorder; and
(2) By posting notice on the property where said violation(s) occur.
3
d. In cases when delay in enforcement would seriously threaten
the effective enforcement of this Chapter, or pose a danger to the public
health, safety or welfare, the housing inspector may seek enforcement
without prior written notice by invoking any of the fines or remedies
authorized in this Chapter.
e. If the violation remains uncured within five days after the
expiration of the warning period, a second notice of violation shall be
delivered by mail, postage prepaid, addressed to the person cited at the
last known address appearing on the records of the County Recorder.
The second notice shall identify the date on which the civil fines shall
begin to accrue.
2. Amount of Fine.
Civil fines shall accrue as follows:
a. Substandard condition violations: $25.00 per day. If more than ten
substandard condition violations exist, the daily fines shall double.
b. Hazardous condition violations: $50.00 each per day.
c. Imminent danger violations: $75.00 each per day.
d. Failure to obey an interpretation, decision or requirement of the
Housing Advisory and Appeals Board: $25.00 per day.
3. Daily Violations:
Each day a violation continues after the citation deadline shall give
rise to a separate civil fine.
4. Compliance:
Accumulation of fines for violations, but not the obligation for
payment of fines already accrued, shall stop upon correction of the
violation.
5. Recurring Violations:
In the case where a violation, which had been corrected, reoccurs
within six months of the initial correction, the City will begin enforcement of
said recurring violation and fines will begin accruing after a ten day
warning period.
6. Appearance Before A Hearing Officer:
a. Right to Appear: Any person cited may appear before a
hearing officer to appeal the amount of the fine imposed. However, no
party may appear before a hearing officer until violations identified have
been corrected and a notice of compliance has been issued. Appeals to
the hearing officer contesting the amount of the fine imposed must be filed
within 30 days from the date of the notice of compliance.
b. Defense: The burden to prove any defense shall be upon the
person raising such defense.
4
c. Responsibility: Commencement of any action to remove or
reduce fines shall not relieve the responsibility of any person cited to cure
the violation or to make payment of subsequently accrued civil fines nor
shall it require the City to reissue any of the notices required by this
Chapter.
7. Appeal Of Administrative Decision:
The decision of the housing inspector regarding the existence of
the housing violation shall be deemed an administrative decision which
may be appealed to the Housing Advisory and Appeals Board within 30
days of the date of the first notice.
8. Hearing Officer Duties:
a. The Mayor, or his/her designee, shall appoint such hearing
officer as the Mayor, or his/her designee, deems appropriate to consider
matters relating to the violation of this Chapter. The hearing officer shall
have the authority to hear evidence relating to mitigating circumstances
and to make such equitable adjustments as he/she deems appropriate, as
set forth below:
(1) The hearing officer may adjust, reduce or eliminate fines or
create payment plans relating to fines accrued by the person cited. In the
administration of this duty, the hearing officer may reduce or eliminate
fines based upon any circumstance or other equitable consideration the
hearing officer finds to be applicable. In cases where the administrative
process has not been followed by the division, the hearing officer has the
authority to reduce or eliminate fines.
(2) Payment plans may be created by the hearing officer. Although
the hearing officer has the ultimate authority in establishing the payment
schedule, the minimum payment schedule provided by the Department of
Community and Economic Development should be followed.
9. Dismissal Criteria:
a. If the hearing officer finds that no violation occurred and/or a
violation occurred but one or more of the defenses set forth in this Section
is applicable, the hearing officer may dismiss the notice of violation. Such
defenses include:
(1) At the time of the receipt of the notice of violation, compliance
would have violated the criminal laws of the State of Utah;
(2) Compliance with the subject ordinances would have presented
an imminent and irreparable injury to persons or property.
5
10. Acceptance Of Hearing Officer Decision:
If the hearing officer finds that a violation of this Chapter occurred
and no applicable defense exists, the hearing officer may, in the interest of
justice and on behalf of the City, enter into an agreement for the timely or
periodic payment of the applicable fine. The person cited has fourteen
days in which to accept the decision of the hearing officer. If the person
cited does not accept the decision of the hearing officer, an agreement to
modify the fine, or set up a payment schedule, the decision of the hearing
officer is void and the City will attempt to collect the original amount of the
fine.
11. Abatement For Correction And Payment:
a. Civil fines may be partially abated after the violation is cured and
at the discretion of the hearing officer if any of the following conditions
exist:
(1) Strict compliance with the notice and order would have caused
an imminent and irreparable injury to persons or property.
(2) The violation and inability to cure were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance.
(3) A change in the actual ownership of the property was recorded
with the Salt Lake County Recorder's office after the first or second notice
was issued and the new owner is not related by blood, marriage or
common ownership to the prior owner.
(4) Such other mitigating circumstances as may be approved by
the City Attorney or designee.
b. If the hearing officer finds that the noticed violation occurred and
no applicable defense applies, the hearing officer may, in the interest of
justice and on behalf of the City, enter into an agreement for the delayed
or periodic payment of the applicable fine.
c. Once a payment schedule has been developed by the hearing
officer, and agreed to by the person cited, failure to submit any two
payments as scheduled will require payment of the entire amount of the
original fine immediately.
SECTION 6. Effective Date. This ordinance shall become effective on the date
of its first publication.
DATED this 5 day of July , 2001.
Vise CHAIRPERSON
6
ATTEST AND COUNTERSIGN:
HIEF DEPOT CI R CORDER
Transmitted to Mayor on July 5, 2001
�(
Mayor's Action: ` Approved Vetoed.
ATTEST AND COUNTERSIGN:
s-- !Y—or
IEF liraUTY CIT RECORDER
(SEAL) wf ,
* '�
Bill No. 52 of 2001. ;
Published: July 13, 2001 ` •
, i'` •
4•r•-.
G:\Ordina0l\Amending SLC Housing Code-Clean-May 14,2001 doc
7