HomeMy WebLinkAbout08/12/2025 - Formal Meeting - Meeting MaterialsSALT LAKE CITY COUNCIL
AGENDA
FORMAL MEETING
August 12, 2025 Tuesday 7:00 PM
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the City & County Building. Learn more at tinyurl.com/SLCCouncilMeetings.
Council Chambers
451 South State Street, Room 315
Salt Lake City, UT 84111
SLCCouncil.com
CITY COUNCIL MEMBERS:
Chris Wharton, Chair
District 3
Alejandro Puy, Vice Chair
District 2
Victoria Petro
District 1
Eva Lopez Chavez
District 4
Darin Mano
District 5
Dan Dugan
District 6
Sarah Young
District 7
Generated: 15:57:27
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
WELCOME AND PUBLIC MEETING RULES
A.OPENING CEREMONY:
1.Council Member Eva Lopez Chavez will conduct the formal meeting.
2.Pledge of Allegiance.
3.Welcome and Public Meeting Rules.
4.The Council will approve the work session meeting minutes of February 11, 2025,
and March 25, 2025, as well as the formal meeting minutes of March 4, 2025;
April 8, 2025; May 6, 2025; and May 20, 2025.
B.PUBLIC HEARINGS:
1. Ordinance: Design Review Standards Amendment
The Council will accept public comment and consider adopting an ordinance that would
amend Chapter 21A.59 of the Salt Lake City Code relating to Design Review. The
proposal would clarify when each section applies to a project, ensure code language
clearly communicates the standard’s intent, and delete duplicative standards from the
chapter. The proposal would also introduce new design standards to further the purpose
of the design review process.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025
Set Public Hearing Date - Tuesday, July 8, 2025
Hold hearing to accept public comment - Tuesday, August 12, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, August 19, 2025
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: Parking Regulations in the Downtown Zoning Districts Text
Amendment
The Council will accept public comment and consider adopting a ordinance that
would amend the parking regulations in the Downtown and Gateway zoning districts
sections of the Salt Lake City Code. The proposal is a Citywide text amendment that will
affect the D-1 (Central Business District), D-2 (Downtown Support District), D-3
(Downtown Warehouse/Residential District), D-4 (Downtown Secondary Central
Business District) and G-MU (Gateway-Mixed Use District) zoning district regulations.
Other sections of Title 21A may also be amended as part of this petition.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025
Set Public Hearing Date - Tuesday, July 8, 2025
Hold hearing to accept public comment - Tuesday, August 12, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, August 19, 2025
Staff Recommendation - Refer to motion sheet(s).
3. Ordinance: Amendment of Chapter 11.14 Parties, Gatherings, or Events
The Council will accept public comment and consider adopting an Ordinance that would
amend Chapter 11.14 of the Salt Lake City Code to establish an administrative fine for
unruly parties, gatherings or events on private property after notice to the property
owner. The proposal would eliminate the current service fee structure associated with
police officer response to certain parties, gatherings, and events and replace it with a civil
enforcement remedy for the City.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 8, 2025
Set Public Hearing Date - Tuesday, July 8, 2025
Hold hearing to accept public comment - Tuesday, August 12, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
C.POTENTIAL ACTION ITEMS:
NONE.
D.COMMENTS:
1.Questions to the Mayor from the City Council.
2.Comments to the City Council. (This is a one-hour time slot for the public to
comment on any City business not scheduled for a public hearing. Each person
will have two minutes to talk. General comment registration closes at 7:30 p.m.)
E.NEW BUSINESS:
1. Resolution: Zoning Map Amendment at Approximately 2157 South Lincoln
Street Extension
The Council will consider adopting a resolution extending the time period for satisfying
the conditions set forth in Ordinance No.78 of 2023 rezoning the property at
approximately 2157 South Lincoln Street from RB (Residential/Business District) to
CSHBD2 (Sugar House Business District). The deadline extension would give the
property owner an additional six months to satisfy the conditions of the ordinance.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 12, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
F.UNFINISHED BUSINESS:
1. Resolution: Legislative Policy for Housing Program Funding
The Council will consider adopting a resolution that would update policies for Salt Lake
City's Housing Program Funding, as well as establish a new Housing Programs Loan
Committee, and a new Tenant and Homeowner Loan Fund.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025 and Tuesday, July 8, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
2. Resolution: Legislative Policy for the Home Repair Program
The Council will consider adopting a resolution that would update Legislative Policy and
Budgetary Guidelines for Salt Lake City's Home Repair Program.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025 and Tuesday, July 8, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
3. Resolution: Legislative Policy for the Community Land Trust Program
The Council will consider adopting a resolution that would update Legislative Policy for
Salt Lake City's Community Land Trust Program.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025 and Tuesday, July 8, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
4. Resolution: Legislative Policy for the NOAH Preservation Program
The Council will consider adopting a resolution that would update Legislative Policy for
Salt Lake City's Naturally Occurring Affordable Housing (NOAH) Preservation Program.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 1, 2025 and Tuesday, July 8, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
5. Resolution: Council Policy Manual – Communication Budget
The Council will consider adopting a resolution that would update the Communication
Budget section of the Council Policy Manual.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, April 15, 2025; Tuesday, May 13, 2025; and Tuesday, July 8,
2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Refer to motion sheet(s).
G.CONSENT:
1. Ordinance: Amending the Administrative Hearing Process
The Council will set the date of Tuesday, August 19, 2025 at 6 p.m. to accept public
comment and consider approving an ordinance that would amend various sections of the
Salt Lake City Code to update the general administrative hearing process for civil
violations. The process would replace the current Small Claims Court process for formal
appeals and create a consistent practice for appeal processing. The proposal also includes
adding a fee for formal administrative appeals. The process will apply to the proposed
ordinance for parties, gatherings, and events heard on July 8, 2025
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 12, 2025
Set Public Hearing Date - Tuesday, August 12, 2025
Hold hearing to accept public comment - Tuesday, August 19, 2025 at 6 p.m.
TENTATIVE Council Action - Tuesday, August 19, 2025
Staff Recommendation - Set date.
2. Board Appointment: Disciplinary Appeals Hearing Officer – Heidi Alder
The Council will consider approving the appointment of Heidi Alder as a Disciplinary
Appeals Hearing Officer for a term ending August 12, 2027.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 12, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, August 12, 2025
Staff Recommendation - Approve.
H.ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 5:00 p.m. on Thursday, August 7, 2025, the undersigned, duly appointed City Recorder,
does hereby certify that the above notice and agenda was (1) posted on the Utah Public Notice
Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided to The
Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who
have indicated interest.
KEITH REYNOLDS
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on the agenda, including but
not limited to adoption, rejection, amendment, addition of conditions and variations
of options discussed.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary
aids and services. Please make requests at least two business days in advance. To make a request,
please contact the City Council Office at council.comments@slc.gov, 801-535-7600, or relay service
711.
PENDING MINUTES – NOT APPROVED
The City Council of Salt Lake City, Utah, met in Work Session on Tuesday, February 11, 2025.
The following Council Members were present:
Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young, Eva
Lopez Chavez
Present Legislative leadership:
Jennifer Bruno – Executive Director, Lehua Weaver – Deputy Director, Nick Tarbet – Deputy
Director
Present Administrative leadership:
Mayor Erin Mendenhall, Rachel Otto – Chief of Staff, Jill Love – Chief Administrative Officer
Present City Staff:
Mark Kittrell – Acting City Attorney, Keith Reynolds – City Recorder, Stephanie Elliott –
Minutes & Records Clerk, Andrew Johnston – Director of Homelessness Policy and Outreach,
Allison Rowland – Public Policy Analyst, Angela Price – Legislative Affairs Director, Tony
Milner – Housing Stability Division Director, Heather Royall – Housing Stability Division
Deputy Director, Matt Kammeyer – Golf Division Director, Tom Millar – Planning & Design
Division Director, Kathryn Sonntag – Associate Landscape Architect II, Dennis Rutledge –
Community Development Grant Supervisor
The meeting was called to order at 2:30 pm
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
1
Work Session Items
1.Informational: Winter Shelter Plans Update ~ 3:00 p.m.
15 min.
The Council will receive an update from the Administration on the State homeless winter
shelter plans.
Summary:
Andrew Johnston provided the homelessness update and gave a presentation on how
responsibilities related to homelessness are distributed among the state, county, and city
to create balance and best support the community. Council Members and Andrew
discussed community needs, policy, and responsibility of assistance, employee funding,
infrastructure, deferred maintenance, and strategies to reintegrate individuals from jail
back into society through placement in treatment facilities or shelters.
2.Informational: R-1 Single-Family Residential Districts
Proposed Zoning Text Amendment ~ 3:15 p.m.
30 min.
The Council will receive a briefing from the Planning Division about a proposal
to consolidate and simplify the R-1 Single-Family Residential districts, including updates
to the residential flag lot standards and the addition of new housing options.
Item moved to a future meeting.
3.Informational: Upcoming Liberty Park Cultural Landscape
Report and Vision Plan Update ~ 3:45 p.m.
30 min.
The Council will receive a briefing on the Liberty Park planning process, which is
currently getting underway. This is an opportunity to learn about the goals, activities,
timeline, and potential funding for this project at an early stage in the process.
Summary:
Allison Rowland introduced the item.
Public Comments:
Kelly Reem and Tina Bishop from Mundus Bishop Landscape Architecture presented
with Tom Millar and Kathryn Sonntag.
Council Requests:
Council Member Lopez Chavez suggested collaboration between Salt Lake City and
Tracy Aviary throughout the project.
Council Member Young requested more Council District and community outreach to best
serve and facilitate the needs of Liberty Park.
Council Member Puy requested the public engagement portion be used as an educational
tool to inform the public about the process, timeline, and other park projects.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
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4.Informational: Proposed Golf Fee Increases ~ 4:15 p.m.
30 min.
The Council will receive a briefing on an Administration proposal to increase certain fees
charged by the Golf Division, which runs Salt Lake City’s six public golf courses. These
changes are expected to provide nearly $553,000 in new revenue to the Golf Fund if
implemented by the beginning of the coming golf season. The Division continues to face a
critical backlog of deferred capital maintenance, and it prefers to fund these projects
through user fees rather than larger general fund subsidies.
Summary:
Allison Rowland and Matthew Kammeyer presented the following information:
•2017 decision to change the golf fee approval process to increase fees as needed
•Golf Course facility updates
•2018 estimate of $35 million for deferred maintenance projects
•2018-2024 playable days and revenue statistics
•Green fees and revenue increase proposal for the 2025 season
•Senior citizen age requirements of 60 years old, and discounts available
Council Requests:
Council Member Young requested that a community notice and message be issued to
inform the community about the reasons for the increases and the resources available at
the public golf courses and parks.
5.2025-29 Housing and Urban Development Consolidated Plan
Follow-up ~ 4:45 p.m.
20 min.
The Council will receive a follow-up briefing about creating the City’s next five-year
Consolidated Plan for 2025-29 as required by the U.S. Department of Housing and Urban
Development (HUD). The Consolidated Plan details the City’s goals and objectives that
determine funding eligibility and prioritize how to spend four federal grants: Community
Development Block Grants (CDBG), Emergency Solutions Grants (ESG), Home
Investment Partnerships, and Housing Opportunities for Persons With AIDS (HOPWA).
Tony Milner, Heather Royal and Dennis Rutledge introduced and presented the follow-
up:
•Boundary evaluation and reviews
•Next steps and timeline of plan
•Funding briefing held on March 18, 2025
•Second briefing held on March 25, 2025
•Council consideration and vote scheduled for April 15, 2025
•HUD Federal deadline for May 15, 2025
6.Informational: State Legislative Briefing Follow-up ~ 5:05 p.m.
30 min.
The Council will receive a follow-up briefing about issues affecting the City that may arise
during the 2025 Utah State Legislative Session.
Summary:
Council Members Wharton and Petro left the meeting during this item.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
3
Kate Bradshaw (Director of Government Affairs, Holland & Hart, LLP) and Angela
Price discussed the following House and Senate Bills affecting the City, including, but not
limited to:
•HB267 – High concern to the City, impacting over 60% of City workforce
represented by unions
•HB355 – High concern to the City regarding expansion ability and impacts to air
quality, watersheds, and land use within the City
•HB333 – City working on amendments to the bill regarding the language
•SB26 – City following closely to ensure HTRZs in the City would be in compliance
with any requirements of the bill
•SB181 – Possibly effecting single family neighborhoods
•HB368 – Could have impacts to the City on staffing and staff resources (changes
plan review timing and bonding process)
•HB118 – City following this one closely, reduces the amount that non-shelter cities
contribute to homeless mitigation fund
•HB329 – Makes changes to homeless mitigation fund, imposes stricter rules on
homeless shelters
•HB362 – City following this one closely, ensures equal rights for homeless
individuals
•City tracking any bill regarding public safety
•Renewable Energy Bills – including HB72, HB201, HB212, SB132, etc.
Council Requests:
Council Member Mano requested separate meetings with Angela Price and Kate
Bradshaw to discuss land use bills affecting the City.
Standing Items
7.Report of the Chair and Vice Chair -
-
Report of Chair and Vice Chair.
Item not held.
8.Report and Announcements from the Executive Director -
-
Report of the Executive Director, including a review of Council information items and
announcements. The Council may give feedback or staff direction on any item related to
City Council business, including but not limited to scheduling items.
Item not held.
9.Tentative Closed Session -
-
The Council will consider a motion to enter into Closed Session. A closed meeting described
under Section 52-4-205 may be held for specific purposes including, but not limited to:
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
4
a. discussion of the character, professional competence, or physical or mental health
of an individual;
b. strategy sessions to discuss collective bargaining;
c. strategy sessions to discuss pending or reasonably imminent litigation;
d. strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, if public discussion of the
transaction would:
(i) disclose the appraisal or estimated value of the property under
consideration; or
(ii) prevent the public body from completing the transaction on the best
possible terms;
e. strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under
consideration; or
(B) prevent the public body from completing the transaction on the best
possible terms;
(ii) the public body previously gave public notice that the property would be
offered for sale; and
(iii) the terms of the sale are publicly disclosed before the public body
approves the sale;
f. discussion regarding deployment of security personnel, devices, or systems; and
g. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for attorney-client matters that are privileged pursuant to
Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements
of the Utah Open and Public Meetings Act.
Item not held.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
5
Meeting adjourned at 4:40 PM
Minutes Approved:
_______________________________
City Council Chair Chris Wharton
_______________________________
City Recorder
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
This document along with the digital recording constitutes the official minutes of the City
Council Work Session meeting held Tuesday, February 11, 2025 and is not intended to serve as a
full transcript. Please refer to the electronic recording for entire content pursuant to Utah Code
§52-4-203.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, February 11, 2025
6
PENDING MINUTES – NOT APPROVED
The City Council of Salt Lake City, Utah, met in Work Session on Tuesday, March 25, 2025.
The following Council Members were present:
Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young, Eva
Lopez Chavez
Present Legislative leadership:
Jennifer Bruno – Executive Director
Present Administrative leadership:
Mayor Erin Mendenhall, Jill Love – Chief Administrative Officer
Present City Staff:
Mark Kittrell – City Attorney, Keith Reynolds– City Recorder, Stephanie Elliott – Minutes &
Records Clerk, Taylor Hill – Constituent Liaison/Policy Analyst, Scott Corpany – Staff Assistant,
Tony Milner – Housing Stability Division Director, David Salazar – Compensation Manager,
Kira Luke – Communications & Policy Analyst, Tyler Durfee – Housing Stability Policy &
Program Manager, Dennis Rutledge – Community Development Grant Supervisor
The meeting was called to order at 2:14 pm
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
1
Work Session Items
1.Informational: Citizens’ Compensation Advisory Committee
2025 Annual Report ~ 2:30 p.m.
20 min.
The Council will receive a briefing by the Citizens’ Compensation Advisory Committee to
review the 2025 Annual Report. The report includes information and recommendations
about market comparisons of City employee salaries, compensation strategies, and is
presented for consideration each year prior to the City's budget review process.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, March 25, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
Summary:
David Salazar and Brandon Dew (Chair of Citizens Compensation Advisory Committee)
presented information and answered the Council Members’ questions about various data
points not included in the report.
2.Fiscal Year 2025-26 Funding Allocations for One-year Action
Plan for Community Development Block Grant & Other Federal
Grants Follow-up
~ 2:50 p.m.
60 min.
The Council will receive a follow-up briefing on recommendations for allocating grant
funding provided through four federal Housing and Urban Development Department
(HUD) programs. For fiscal year 2025-26, approximately $7.7 million dollars is expected
to flow through the Division of Housing Stability to community service providers selected
by the Council. The HUD programs that provide this funding and oversee activities of
grant recipients are: Community Development Block Grants (CDBG), the HOME
Investment Partnership Program, Emergency Solutions Grants (ESG), and Housing
Opportunities for Persons with AIDS (HOPWA). The resolution under consideration
would also approve an Interlocal Cooperation Agreement between Salt Lake City and the
U.S. Department of Housing and Urban Development (HUD), as well as the new fiscal
year 2025-29 Consolidated Plan.
For more information visit www.tinyurl.com/annualhudgrants.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
2
Briefing - Tuesday, March 18, 2025 and Tuesday, March 25, 2025
Set Public Hearing Date - Tuesday, February 18, 2025
Hold hearing to accept public comment - Tuesday, March 4, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, April 15, 2025
Summary:
Allison Rowland introduced the item.
Tony Milner, Tyler Durfee, and Dennis Rutledge provided information regarding the
programs and grants.
Straw Poll: Support for remaining at $30,000 for the current round and
then increasing to $50,000. All Council Members present were in favor.
Council Members and staff discussed Habitat for Humanity programs, CDBG funding,
and the funding allocations for other programs.
Straw Poll: Support amending line #7 to include other neighborhoods,
including Central City and East Central. Council Member Petro asked to
table this item until another discussion can better address the funding.
Council Member Lopez Chavez removed the proposed straw poll.
Straw Poll: Support to table line item #7 CDBG for a later discussion. All
Council Members were in favor.
Straw Poll: Support for awarding $600,000 in funding to line item #10,
capturing $50,000 and moving it to line item #11 Utah Film Center. All
Council members present were in favor.
Council Members and staff discussed:
•South Valley Services request and funding projections.
•Hometown Heroes and other community programs should be protected.
•Reallocating funding from South Valley Services to the YWCA.
•YWCA needs compared to South Valley Services.
•Ratings for each program, along with the criteria used to determine them.
•Shelter operations and services versus costs.
•High need to fund public service programs.
Straw Poll: Support to move $30,000 from line item #24 South Valley to line
item #32 YWCA. All Council Members present were in favor.
Council Members discussed:
•Wasatch Community Gardens “Green Team” projects and funding needs.
•Funding for the 4th Street Clinic, In Between, and Odyssey House to be reallocated
to the Wasatch Community Gardens.
•Other possible configurations to fund all of the programs without
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
3
underfunding others.
•All programs were critical funding opportunities.
•Council members revised the discussion regarding public service funding.
Council Members revised the discussion regarding public service funding.
Straw Poll: Support moving forward with the Mayor's recommendation for
the public service funding budget. All Council Members present were in
favor.
3.Tentative Break ~ 3:50 p.m.
20 min.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing -
Set Public Hearing Date -
Hold hearing to accept public comment -
TENTATIVE Council Action -
4.Resolution: Confirmation of Ranked Choice Voting for 2025
Municipal Election and Interlocal Agreement ~ 4:10 p.m.
30 min.
The Council will have a discussion about an Interlocal Agreement with Salt Lake County
Elections Division to support the 2025 Municipal Election. The discussion may also
include the City’s participation in the Alternative Voting Methods Pilot Project, more
commonly referred to as Ranked Choice Voting (RCV), without a Primary election. Salt
Lake County does not currently offer support for a Primary election when using Ranked
Choice Voting. Under ranked choice voting, voters rank the candidates in order of
preference. Election equipment counts the preference numbers for each ballot. If none of
the candidates receive more than 50% of the overall vote after the first round, the
candidate with the least number of votes is eliminated. The voters who had selected the
eliminated candidate as their first choice would then have their votes counted for their
second-choice candidate. This process of elimination continues until a candidate crosses
the 50% threshold and is declared the winner.
For more information on this item visit https://tinyurl.com/RankedChoiceSLC.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, March 25, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, April 1, 2025
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
4
Summary:
Keith Reynolds and Kira Luke presented and discussed the Interlocal Agreement
between Salt Lake County and the City of Salt Lake, explaining that the County decided
to conduct RCV Elections without a Primary Election for 2025.
Straw Poll: Support to participate in RCV without a primary election. All
Council Members present were in favor.
Straw Poll: Support to continue the Interlocal Agreement with Salt Lake
County. All Council Members present were in favor.
Council Requests:
Council Member Puy requested information regarding the new RCV processes for the
upcoming 2025 municipal election.
5.Board Appointment: Arts Council – Ignacio Rosenberg ~ 4:40 p.m.
5 min.
The Council will interview Ignacio Rosenberg prior to considering appointment to the
Arts Council Board for a term ending March 25, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, March 25, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 25, 2025
Summary:
Ignacio Rosenberg introduced themselves and expressed excitement about serving on
the Arts Council Board.
Council Member Wharton stated Ignacio Rosenberg's name would be on the Consent
Agenda for formal approval.
6.Board Appointment: Arts Council – Eugenie Jaffe ~ 4:45 p.m.
5 min.
The Council will interview Eugenie Jaffe prior to considering appointment to the Arts
Council Board for a term ending March 25, 2028.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
5
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, March 25, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 25, 2025
Summary:
Eugenie Jaffe introduced themselves and expressed excitement about serving on the
Arts Council Board.
Council Member Wharton stated Eugenie Jaffe’s name would be on the Consent Agenda
for formal approval.
7.Board Appointment: Arts Council – Ryan Canter ~ 4:50 p.m.
5 min.
The Council will interview Ryan Canter prior to considering appointment to the Arts
Council Board for a term ending March 25, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, March 25, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 25, 2025
Summary:
Ryan Canter introduced themselves and expressed excitement about serving on the
Arts Council Board.
Council Member Wharton stated Ryan Canter’s name would be on the Consent Agenda
for formal approval.
Standing Items
8.Report of the Chair and Vice Chair -
-
Report of Chair and Vice Chair.
9.Report and Announcements from the Executive Director -
-
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
6
Report of the Executive Director, including a review of Council information items and
announcements. The Council may give feedback or staff direction on any item related to
City Council business, including but not limited to scheduling items.
10.Tentative Closed Session -
-
The Council will consider a motion to enter into Closed Session. A closed meeting described
under Section 52-4-205 may be held for specific purposes including, but not limited to:
a. discussion of the character, professional competence, or physical or mental
health of an individual;
b. strategy sessions to discuss collective bargaining;
c. strategy sessions to discuss pending or reasonably imminent litigation;
d. strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, if public discussion of the
transaction would:
(i) disclose the appraisal or estimated value of the property under
consideration; or
(ii) prevent the public body from completing the transaction on the best
possible terms;
e. strategy sessions to discuss the sale of real property, including any form of a
water right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under
consideration; or
(B) prevent the public body from completing the transaction on the best
possible terms;
(ii) the public body previously gave public notice that the property would be
offered for sale; and
(iii) the terms of the sale are publicly disclosed before the public body
approves the sale;
f. discussion regarding deployment of security personnel, devices, or systems; and
g. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for attorney-client matters that are privileged pursuant to
Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent
requirements of the Utah Open and Public Meetings Act.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
7
Motion:
Moved by Council Member Mano, seconded by Council Member Dugan to
enter into Closed Session for the purposes of discussing information
provided to the public body during the procurement process under Title
63G, Chapter 6a, Utah Procurement Code, if, at the time of the meeting:
(i) the information may not, under Title 63G, Chapter 6a, Utah
Procurement Code, be disclosed to a member of the public or to a
participant in the procurement process; and
(ii) the public body needs to review or discuss the information to
properly fulfill its role and responsibilities in the procurement process;
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Eva
Lopez Chavez, Sarah Young
Final Result: 7 – 0 Pass
Summary:
Closed Session started at 4:57 PM
Held in the Work Session Room (location) and online via Zoom
Council Members in Attendance: Council Members Dugan, Lopez Chavez, Wharton,
Puy, Mano, Petro, Young
City Staff in Attendance: Mayor Mendenhall, Jill Love, Lindsey Nikola, Megan Yuill,
Jennifer Bruno, Lehua Weaver, Mark Kitrell, Cindy Lou Trishman, Keith Reynolds,
Matthew Brown
Closed Session ended at 5:31 PM
Motion:
Moved by Council Member Mano, seconded by Council Member Dugan to
exit Closed Session and Adjourn
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
8
Meeting adjourned at 5:31 pm
Minutes Approved:
_______________________________
City Council Chair Chris Wharton
_______________________________
City Recorder Keith Reynolds
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
This document along with the digital recording constitutes the official minutes of the City
Council Work Session meeting held Tuesday, March 25, 2025 and is not intended to serve as a
full transcript. Please refer to the electronic recording for entire content pursuant to Utah Code
§52-4-203.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 25, 2025
9
PENDING MINUTES – NOT APPROVED
The City Council of Salt Lake City, Utah, met in Formal Session on Tuesday, March 4, 2025.
The following Council Members were present:
Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Victoria Petro, Eva
Lopez Chavez
Present Legislative Leadership:
Jennifer Bruno – Executive Director, Lehua Weaver – Deputy Director, Nick Tarbet – Deputy
Director
Present Administrative Leadership:
Rachel Otto – Chief of Staff
Present City Staff:
Mark Kittrell – City Attorney, Keith Reynolds – City Recorder, DeeDee Robinson – Minutes &
Records Clerk, Thais Stewart – Deputy City Recorder, Taylor Hill – Constituent Liaison/Policy
Analyst, Brian Fullmer – Public Policy Analyst, Sylvia Richards – Public Policy Analyst, Allison
Rowland – Public Policy Analyst, Scott Corpany – Staff Assistant, Lindsey Nikola – Mayor's
Deputy Chief of Staff
The meeting was called to order at 7:03 pm.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
1
A.OPENING CEREMONY:
1.Council Member Dan Dugan will conduct the formal meeting.
2.Pledge of Allegiance.
3.Welcome and Public Meeting Rules.
4.The Council will consider adopting a joint ceremonial resolution with Mayor Mendenhall
recognizing March as National Women's History Month in Salt Lake City.
Council Member Young read the Resolution.
Katharine Biele (President, League of Women Voters Utah) was present to accept the
Resolution.
Motion:
Moved by Council Member Petro, seconded by Council Member Lopez
Chavez to adopt Joint Ceremonial Resolution 5 of 2025 with Mayor
Mendenhall, recognizing March as National Women’s History Month in Salt
Lake City.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
B.PUBLIC HEARINGS:
1. 2025-29 Housing and Urban Development Consolidated Plan Update and
Timeline
The Council will accept public comment and consider adopting an ordinance approving
the City’s next five-year Consolidated Plan for 2025-29 as required by the U.S.
Department of Housing and Urban Development (HUD). The Consolidated Plan details
the City’s goals and objectives that determine funding eligibility and prioritize how to
spend four federal grants: Community Development Block Grants (CDBG), Emergency
Solutions Grants (ESG), Home Investment Partnerships, and Housing Opportunities for
Persons With AIDS (HOPWA).
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, October 1, 2024 and Tuesday, February 11, 2025
Set Public Hearing Date - Tuesday, February 18, 2025
Hold hearing to accept public comment - Tuesday, March 4, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, April 15, 2025
Staff Recommendation - Refer to motion sheet(s).
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
2
Allison Rowland provided a brief introduction.
Nichole Keddington was called to speak but did not have a comment for this item.
Motion:
Moved by Council Member Puy, seconded by Council Member Young to close
the public hearing and refer the item to a future date for action.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
2. Fiscal Year 2025-26 Funding Allocations for One-year Action Plan for
Community Development Block Grant & Other Federal Grants
The Council will accept public comment and consider adopting an appropriations
resolution that would authorize grant funding to selected applicants and adopt the One-
Year Annual Action Plan for Fiscal Year 2025-26. The plan includes Community
Development Block Grant (CDBG) funding, HOME Investment Partnership Program
funding, Emergency Solutions Grant (ESG) funding, and Housing Opportunities for
Persons with AIDS (HOPWA) funding. The resolution would also approve an Interlocal
Cooperation Agreement between Salt Lake City and the U.S. Department of Housing and
Urban Development (HUD). This year, the Council will also consider funding
recommendations for one-time federal pandemic-related grants for tenant-based rental
assistance authorized by the American Rescue Plan Act and CDBG coronavirus response
CARES Act funds.
For more information visit www.tinyurl.com/annualhudgrants.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 18, 2025
Set Public Hearing Date - Tuesday, February 18, 2025
Hold hearing to accept public comment - Tuesday, March 4, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, April 15, 2025
Staff Recommendation - Refer to motion sheet(s).
Allison Rowland provided a brief introduction.
Katie Dwyer (Director, Wasatch Community Gardens) thanked Council for their
support for gardens in Salt Lake and spoke to the details of their request for funding.
Josie White (Philanthropic Officer, Shelter The Homeless), thanked Council for
support of their organization and homelessness as a cause, and spoke to the details of
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
3
their request for funding.
Nichole Keddington spoke in support of the Salt Lake City Tai Chi group that
supported homeless individuals in Salt Lake and to their need for more attention and
focus.
Carin Crowe (CEO, Habitat for Humanity Greater Salt Lake), expressed gratitude for
funding recommended by the City for their critical home repair program, spoke to details
and impacts of the organization’s services.
Sasha Harvey (Executive Director, Salt Lake Donated Dental Services), thanked Salt
Lake City for being a partner and supporter, spoke of impacts to oral health from recent
legislation, requested consideration of funding for their program.
Rebecca Dutson, expressed gratitude for funding recommended by the City for The
Children’s Center Utah and their therapeutic preschool program, provided details,
benefits, and impacts of the organization’s services.
Mary Calhoon (First Step House) thanked Community Development & Capital
Improvement Program (CDCIP) Board, Mayor, and Council for support and effort put
into funding process, spoke to various benefits and services the funding would provide.
Jason Wheeler (Director, Assist Community Design Center), expressed gratitude for
funding recommend by the City for their assisted emergency home repair and
accessibility home design program, and detailed benefits the funding would provide.
Roxie Harshbarger (International Rescue Committee) spoke to details of their request
for funding and thanked Council for their consideration.
Janice Kimball (CEO, Housing Connect) thanked the City for continued support and
recommended funding for housing people with AIDS program, spoke to benefits the
funding would provide.
Jeanette Padilla, thanked CDCIP Board and Mayor for supporting Food Justice
Coalition’s request for funding, provided details of their programs and individuals served.
Abdirizak Ibrahim spoke to arriving in Salt Lake as a refugee, provided details of the
services provided by Salt Lake American Refugee Services.
Council Member Puy expressed gratitude for the show of support for the various
programs and services, spoke to the challenges in dispersing funds equitably across all
needs in the City.
Motion:
Moved by Council Member Mano, seconded by Council Member Young to
close the public hearing and refer the item to a future date for action.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
4
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
3. Ordinance: Alley Vacation between 1161 South 300 West and 268 West
Paxton Avenue
The Council will accept public comment and consider adopting an ordinance that would
vacate an L-shaped City-owned alley that begins at approximately 268 West Paxton
Avenue. The proposal would create an easement beginning at 300 West to provide access
for abutting property owners. Located within Council District 5. Petitioner: RCB Rental
Properties and Little Garage, Inc. Petition No.: PLNPCM2022-01128.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, February 4, 2025
Set Public Hearing Date - Tuesday, February 18, 2025
Hold hearing to accept public comment - Tuesday, March 4, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, March 25, 2025
Staff Recommendation - Refer to motion sheet(s).
Brian Fullmer provided a brief introduction.
There were no public comments.
Motion:
Moved by Council Member Puy, seconded by Council Member Young to close
the public hearing and adopt Ordinance 13 of 2025, vacating an L-shaped
City-owned alley that begins at approximately 268 West Paxton Avenue.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
4. Grant Application: Fiscal Year 2024 Edward Byrne Memorial Justice
Assistance Grant Program
The Council will accept public comment for a grant application request from the Police
Department to the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance. If awarded, the grant would fund travel, training, cameras, crime
center equipment, community policing, and targeted enforcement overtime.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
5
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, March 4, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
Sylvia Richards provided a brief introduction.
There were no public comments.
Motion:
Moved by Council Member Puy, seconded by Council Member Young to close
the public hearing and refer Item B-4 to a future Consent Agenda for action.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
C.POTENTIAL ACTION ITEMS:
NONE.
D.COMMENTS:
1.Questions to the Mayor from the City Council.
There were no questions.
2.Comments to the City Council. (This is a one-hour time slot for the public to
comment on any City business not scheduled for a public hearing. Each person
will have two minutes to talk. General comment registration closes at 7:30 p.m.)
Cindy Cromer spoke regarding the proposed changes to RMF-35/45 zones and the lack
of community benefit within the new proposal.
Margaret Holloway spoke to a letter sent to the Council and Mayor regarding a
collapsed individual on a TRAX train and to better future collaboration between Salt
Lake Police and Utah Transit Authority (UTA).
Polly Haertel expressed support for Bernie (Hart) and remained silent for the
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
6
remainder of their time.
Jennifer Haertel expressed support for Bernie Hart on behalf of the homeless in Salt
Lake City and remained silent for the remainder of their time.
M Scott Green spoke to the life and death of Cameron (no last name) and less lethal
options needing to be implemented (by Salt Lake City Police).
James Webster spoke to the loss of over 35 acres of viable open space in the Yalecrest
area and a Capital Improvement Project (CIP) submitted eight-years ago to restore the
ecology and riparian habitat that had never been completed.
Bernie Hart approached the podium, stated their name, and remained silent for the
remainder of their time.
Andrew Whitmer approached the podium, stated their name, and that they
were homeless.
Wendy Garvin spoke to reporting continuous abuse of the unsheltered by officers of
the Salt Lake City Police Department and not receiving updates or results of disciplinary
action.
Ann Ruth Isaacson spoke regarding the protection of historic properties, urged the
Council to support protection of National Historic and Local Historic Landmark
registered properties within the proposed zoning merge.
Marco Garcia spoke to the mistreatment/criminalization of homeless people and
requested more compassion, help, affordable housing, etc.
Devante Washington-Balthazar spoke to being homeless, the mistreatment of
homeless individuals by police, and wanting to see change in the treatment of
homelessness.
Ronald Clum offered assistance to the City Council.
Kseniya Kniazeva spoke to the chronic condition and criminalization of homelessness,
and to impacts of receiving camping citations.
John Mendez spoke to being homeless for six-years and the difficulties they and others
faced living on the streets of Salt Lake City.
Amber Pond spoke to being in recovery and previously homeless, suffering humiliation
by police, urged the City to do better with the treatment of the homeless.
Tabitha Smith spoke to being homeless for the past four-years, impacts of shelters
being full and encampments being continuously moved, said being homeless was not a
crime.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
7
Council Member Dugan expressed gratitude for those who came to speak, recognized the
challenges faced by those who spoke, and shared appreciation for the public’s
engagement.
E.NEW BUSINESS:
1. Ordinance: Economic Development Loan Fund - Cold Plunge Coffee, LLC.
The Council will consider adopting an ordinance that would approve a $100,000 loan for
Cold Plunge Coffee, LLC. at 475 East 300 South from the Economic Development Loan
Fund (EDLF). Cold Plunge Coffee, LLC. offers craft coffee and cold plunges or cold-water
immersion therapy. This loan will assist in the creation of nine new jobs in the next year
and the retention of one current job.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 4, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 4, 2025
Staff Recommendation - Refer to motion sheet(s).
Motion:
Moved by Council Member Puy, seconded by Council Member Lopez Chavez
to adopt Ordinance 14 of 2025, approving a $100,000 loan for Cold Plunge
Coffee, LLC from the Economic Development Loan Fund.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
2. Legislative Action: R-1 Single-Family Residential Districts Proposed Zoning
Text Amendment
The Council will consider adopting a legislative action requesting continued work by the
Planning Division on a text amendment to consolidate and simplify the R-1 single-family
residential districts.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, February 18, 2025
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
8
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 4, 2025
Staff Recommendation - Refer to motion sheet(s).
Council Member Wharton provided clarification of the Council’s action for this item.
Motion:
Moved by Council Member Mano, seconded by Council Member Puy to adopt
a legislative action initiating a text amendment to consolidate and simplify
the R-1 single-family residential districts, including updates to the
residential flag lot standards, the addition of new housing options, and to
the extent possible, eliminating barriers to homeownership and consider
similar changes to the other low density districts such as the R-2, SR-1, and
SR1-A zones.
The intent is to continue to study the benefits and impacts through the
process of drafting, engaging the public, and finalizing a proposal leading to
consideration by the Planning Commission and potential adoption by the
Council. Specifically, the Council wants to identify how these potential
changes impact the affordable housing incentives and City goals related to
housing, walkability, and water conservation.
A guiding principle of the Council is to increase home ownership
opportunities for families in Salt Lake City. It is a priority of this Council to
include affordable “missing middle” housing options along with family sized
housing in any text amendment.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
3. Advice and Consent: Director of Public Lands – Kim Shelley
The Council will consider approving the appointment of Kim Shelley as the Director of
Public Lands.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 4, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 4, 2025
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
9
Staff Recommendation - Suspend the rules and consider
motions.
Motion:
Moved by Council Member Wharton, seconded by Council Member Young to
approve the appointment of Kim Shelley as the Director of Public Lands.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
4. Advice and Consent: Salt Lake City Police Chief – Brian Redd
The Council will consider approving the appointment of Brian Redd as the Salt Lake City
Chief of Police.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 4, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, March 4, 2025
Staff Recommendation - Suspend the rules and consider
motions.
Motion:
Moved by Council Member Petro, seconded by Council Member Puy to
approve the appointment of Brian Redd as the Salt Lake City Chief of Police.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
10
F.UNFINISHED BUSINESS:
NONE.
G.CONSENT:
1.
Ordinance: Budget Amendment No.4 for Fiscal Year 2024-25
The Council will set the date of Tuesday, March 25, 2025 at 7 p.m. to accept public
comment and consider an ordinance amending the final budget of Salt Lake City,
including the employment staffing document for Fiscal Year 2024-25 Budget. Budget
amendments happen several times each year to reflect adjustments to the City’s budgets,
including proposed project additions and modifications. The proposed amendment
includes a grant to mitigate lead paint hazards.
For more information visit tinyurl.com/SLCFY25.
2.
Board Appointment: Parks, Natural Lands, Urban Forestry, and Trails
Advisory Board – James Alfandre
The Council will consider approving the appointment of James Alfandre to the Parks,
Natural Lands, Urban Forestry, and Trails Advisory Board for a term ending March 4,
2028.
3.
Board Appointment: Parks, Natural Lands, Urban Forestry, and Trails
Advisory Board – Eric Mcgill
The Council will consider approving the appointment of Eric Mcgill to the Parks, Natural
Lands, Urban Forestry, and Trails Advisory Board for a term ending March 4, 2028.
4.
Board Appointment: Planning Commission – Richard Leverett
The Council will consider approving the appointment of Richard Leverett to the Planning
Commission for a term ending March 4, 2029.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
11
Motion:
Moved by Council Member Wharton, seconded by Council Member Young to
approve the Consent Agenda.
.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva Lopez
Chavez, Victoria Petro
Final Result: 7 – 0 Pass
H.ADJOURNMENT:
Meeting adjourned at 8:23 pm.
Minutes Approved:
_______________________________
City Council Chair – Chris Wharton
_______________________________
City Recorder – Keith Reynolds
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
This document along with the digital recording constitutes the official minutes of the City
Council Formal meeting held Tuesday, March 4, 2025 and is not intended to serve as a full
transcript. Please refer to the electronic recording for entire content pursuant to Utah Code §52-
4-203.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, March 4, 2025
12
PENDING MINUTES – NOT APPROVED
The City Council of Salt Lake City, Utah, met in Formal Session on Tuesday, April 8, 2025.
The following Council Members were present:
Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Victoria Petro, Eva
Lopez Chavez
Present Legislative Leadership:
Jennifer Bruno – Executive Director, Lehua Weaver – Deputy Director, Nick Tarbet – Deputy
Director
Present Administrative Leadership:
Rachel Otto – Chief of Staff, Jill Love – Chief Administrative Officer
Present City Staff:
Mark Kittrell – City Attorney, Keith Reynolds – City Recorder, DeeDee Robinson – Minutes &
Records Clerk, Taylor Hill – Constituent Liaison/Policy Analyst, Scott Corpany – Staff Assistant
The meeting was called to order at 7:26 pm.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, April 8, 2025
1
A.OPENING CEREMONY:
1.Council Member Chris Wharton will conduct the formal meeting.
B.PUBLIC HEARINGS:
NONE.
C.POTENTIAL ACTION ITEMS:
1.
Resolution: Creation of a Public Infrastructure District
The Council will consider adopting a resolution that would create the Convention Center
Public Infrastructure District and define the general process and role of the City in
establishing the proposed district. The proposal would assist with financing the
redevelopment of the Delta Center, the development of SEG's entertainment district, and
the redevelopment of the Salt Palace. The public hearing allows for public input on
whether the requested service is needed, whether the service should be provided by the
City, County, or the proposed district, and all other matters relating to the proposed
district. State law provides the City with a strict and short timeframe within which to take
action on the proposed district. Petitioner: John Larson, representing Jazz Arena
Investors, LLC.
Council Member Petro said it was important for constituents to know this resolution
created an entity to secure the City's place at the table for negotiating and ensured
betterment of the district for generations to come.
Council Member Lopez Chavez spoke in support of the district, reiterating it was
predetermined by law, and the recent addition of Block 67 (not part of the original
agreement with the public) could lead to a lack of public trust and exposed the City to
long-term financial risk.
Council Member Mano said that while creating the district and investing public
funds could be beneficial to the City, he also pointed out there could be risks. He
encouraged those making decisions to keep the City and it’s residents in mind, down to
the smallest details.
Council Member Puy said he was focused on the positive outcomes and future of the
district, but also expressed frustration with the financial tools of the State that
undermined the voices of the City, residents, and other jurisdictions of the State.
Council Member Dugan echoed a focus of positive outcomes for the district, emphasized
making the best of what the PID could offer and that future collaborations were discussed
ahead of time and not at the last minute.
Council Member Wharton said he believed in a more connected downtown, having the
cultural elements that Japantown and Abravanel Hall brought to the area, and expressed
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, April 8, 2025
2
the importance of maintaining the City’s involvement to reflect the needs of its residents.
Motion:
Moved by Council Member Dugan, seconded by Council Member Lopez
Chavez to adopt Resolution 09 of 2025, creating a Public Infrastructure
District to facilitate financing the redevelopment of the Delta Center, Salt
Palace, Abravanel Hall and UMOCA, and related projects to support public
assets.
AYE: Alejandro Puy, Chris Wharton, Daniel Dugan, Darin Mano, Sarah Young, Eva
Lopez Chavez, Victoria Petro
Final Result: 7 – 0 Pass
D.COMMENTS:
NONE.
E.NEW BUSINESS:
NONE.
F.UNFINISHED BUSINESS:
NONE.
G.CONSENT:
NONE.
H.ADJOURNMENT:
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, April 8, 2025
3
Meeting adjourned at 7:42 pm.
Minutes Approved:
_______________________________
City Council Chair – Chris Wharton
_______________________________
City Recorder – Keith Reynolds
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
This document along with the digital recording constitutes the official minutes of the City
Council Formal meeting held Tuesday, April 8, 2025 and is not intended to serve as a full
transcript. Please refer to the electronic recording for entire content pursuant to Utah Code §52-
4-203.
MINUTES OF THE SALT LAKE CITY COUNCIL
Tuesday, April 8, 2025
4
PENDING MINUTES – NOT APPROVED
The Local Building Authority, Community Reinvestment Agency, and the Salt Lake City
Council of Salt Lake City, Utah met in Formal Session on Tuesday, May 6, 2025.
The following Board Directors/Council Members were present:
Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Alejandro Puy, Sarah Young, Eva
Lopez Chavez
Present Legislative leadership:
Jennifer Bruno – Executive Director, Lehua Weaver – Deputy Director, Nick Tarbet – City
Council Deputy Director
Present Administrative leadership:
Mayor Erin Mendenhall, Rachel Otto – Chief of Staff, Jill Love – Chief Administrative Officer
Present City Staff:
Mark Kittrell – City Attorney, Keith Reynolds – City Recorder, Matthew Brown – Deputy City
Recorder, DeeDee Robinson – Minutes & Records Clerk, Taylor Hill – Constituent
Liaison/Policy Analyst, Scott Corpany – Staff Assistant, Brian Fullmer – Policy Analyst, Sylvia
Richards – Public Policy Analyst
Council Member Petro presided at and conducted the meeting.
The meeting was called to order at 7:04 pm.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 6, 2025
1
LOCAL BUILDING AUTHORITY of
SALT LAKE CITY, UTAH MEETING
A.LBA OPENING CEREMONY:
1.Board/Council Member Victoria Petro will conduct the formal meeting.
2.Pledge of Allegiance.
3.The Council will approve the meeting minutes of May 7, 2024; May 21, 2024;
June 4, 2024; and June 11, 2024.
Motion:
Moved by Board Member Puy, seconded by Board Member Dugan to approve
the meeting minutes of May 7, 2024; May 21, 2024; June 4, 2024; and June
11, 2024.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
B.LBA UNFINISHED BUSINESS:
1.Resolution: Tentative Budget for the Capital Projects Fund of the Local
Building Authority for Fiscal Year 2025-26
The Board will consider approving a resolution adopting the tentative budget for the
Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal
Year 2025-26.
The LBA’s Capital Projects Fund for Fiscal Year 2025-26 only includes the bond debt
services for the Glendale and Marmalade Libraries. (Other Capital projects throughout
the City are included in the Mayor’s Recommended Budget; see the Capital Improvement
Program Budget Book.) The LBA is a financing tool for cities and government entities, like
libraries, to bond for capital projects at better interest rates. Capital projects are big
construction projects like parks, public buildings, and street projects.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Refer to motion sheet(s).
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Motion:
Moved by Board Member Lopez Chavez, seconded by Board Member Dugan
to adopt Resolution 01 of 2025, adopting the tentative budget for the Capital
Projects Fund of the Local Building Authority of Salt Lake City, Utah for
Fiscal Year 2025-26.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
C.LBA ADJOURNMENT:
Motion:
Moved by Board Member Lopez Chavez, seconded by Board Member Dugan to
adjourn as the Local Building Authority and convene as the Community
Reinvestment Agency.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young,
Eva Lopez Chavez
Final Result: 7 – 0 Pass
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SALT LAKE CITY
COMMUNITY REINVESTMENT AGENCY MEETING
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
D.CRA UNFINISHED BUSINESS:
1.Resolution: Tentative Budget for the Community Reinvestment Agency of
Salt Lake City for Fiscal Year 2025-26
The Board will consider approving a resolution adopting the tentative budget for the
Community Reinvestment Agency of Salt Lake City for Fiscal Year 2025-26.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 8, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Refer to motion sheet(s).
Motion:
Moved by Director Puy, seconded by Director Mano to adopt Resolution 07
of 2025, adopting the tentative budget for the Community Reinvestment
Agency of Salt Lake City, Utah for Fiscal Year 2025-26.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
E.CRA ADJOURNMENT:
Motion:
Moved by Director Puy, seconded by Director Wharton to adjourn as the
Community Reinvestment Agency and convene as the City Council.
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AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young,
Eva Lopez Chavez
Final Result: 7 – 0 Pass
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SALT LAKE CITY COUNCIL MEETING
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
F.CITY COUNCIL OPENING CEREMONY:
1.
2.
Motion:
Moved by Council Member Dugan, seconded by Council Member Lopez
Chavez to approve the work session meeting minutes of February 18, 2025;
March 4, 2025; and April 15, 2025, as well as the formal meeting minutes of
March 25, 2025 and April 15, 2025.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
3.
Summary:
Mayor Mendenhall presented the Salt Lake City FY 2025-26 Recommended Budget,
highlighting the following:
• Proposed General Fund Budget of $512,471,524 – marking a 6.7% increase from
last year’s General Fund budget
• No major tax increases in this budget (including no property tax increase)
• $2.7M in Westside focused investment (green space, parks, street lighting, etc.)
• $2.3M for Vision Zero safety improvements (upgrading crosswalks, intersections,
fixing broken/missing sidewalks)
• Rate increases for Public Utilities and Waste & Recycling
• $3 M in Capital Improvement funds for the first phase of the Green Loop
• Targeted commitment of $5 M for deeply affordable housing
• Proposed 4% cost of living adjustment for all non-represented City employees
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Welcome and Public Meeting Rules.
The Council will approve the work session meeting minutes of February 18, 2025; March 4,
2025; and April 15, 2025, as well as the formal meeting minutes of March 25, 2025 and
April 15, 2025.
Mayor Mendenhall will present the proposed Salt Lake City budget, including the Library
Fund, for Fiscal Year 2025-26.
G.PUBLIC HEARINGS:
1.Ordinance: Mixed-Use (MU) Zoning Consolidation Zoning Text and Map
Amendment
The Council will accept public comment and consider adopting an ordinance that would
amend the City's zoning ordinance and zoning map by consolidating up to 27 existing
commercial, form-based, and mixed-use zoning districts into six new mixed-use (MU)
districts. The proposal aims to simplify zoning regulations, improve clarity of language,
and incorporate missing design standards. The new mixed-use districts will be similar to
the current districts but will have changes to setbacks, building height, lot coverage, and
permitted land uses. Other sections of Title 21A may also be amended as part of this
petition. Petition No.: PLNPCM2024-00707.
For more information visit https://tinyurl.com/SLCMixedUse.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, February 4, 2025; Tuesday, April 8, 2025; and Tuesday, April
15, 2025
Set Public Hearing Date - Tuesday, April 1, 2025
Hold hearing to accept public comment - Tuesday, May 6, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Refer to motion sheet(s).
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Summary:
Nick Tarbet provided a brief introduction to the ordinance.
Public Comment:
Noah Shephardson expressed concern regarding the proposed amendment, as their
building on 375 West Hope Avenue (Madbrook Donut) would become a non-complying
structure, and asked for alternative consideration of the MU-3 zone for the area.
Scott Amundsen expressed concern regarding excessive building height and smaller
setbacks from homes with the proposed changes.
Joe Gallegos expressed concern regarding a hole left after their neighbor’s house was
demolished and noted it needed proper fencing as it attracted camping and trespassing.
Amy Stocks spoke to impacts of the proposed changes, including potential excessive
building heights and smaller setbacks.
Paul Cryer spoke to impacts of the proposed changes including, potential excessive
building heights and a desire to preserve existing greenspace within his neighborhood.
Alex Hamory spoke in opposition to the proposed setback changes for their
home/neighborhood and urged the inclusion of the National Park Service document:
“Protecting a Historic Structure During Adjacent Construction” as an addendum to the
zoning merge to protect against unnecessary damage and/or costly litigation.
Annie Isaacson spoke to concerns regarding the potential for no rear/side yard setbacks
with the proposed changes.
Larry Hancock spoke to the negative impacts of a potential residential development
near his home, including the obstruction of view and lack of parking provided.
Richard Piggott, representing Maverik Inc., spoke to the proposed changes as
negatively affecting the ability to provide new services and locations for current customers
as well as the ability to operate and maintain existing convenience store locations.
Cindy Cromer asked the Council to not adopt the proposal, noted additional written
comments would be provided, and spoke in opposition to the requirement that existing
city buildings be on the city register in order to receive tax credits.
Tim Frederiksen, representing Olympia Sales & Manufacturing, expressed the
importance of not losing the ability to manufacture and said the proposed changes would
impact his long-time business.
Clay Smith expressed opposition to the proposed overlay district because of impacts to
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their business and existing property.
Jennifer Goodrum expressed concerns about the proposed changes potentially causing
an uptick in parking, traffic, and residents in an already small neighborhood.
Cameron Broadbent asked the Council to consider a grace period for property owners
who either have zoning changes approved in the last few years or were currently working
with the City to develop under existing ordinances, allowing submittal of plans through
the end of 2025 under the current zoning.
Judi Short spoke in opposition to the potential for excessive building height allowances
in the Sugar House Business District.
Ben Engel expressed optimism regarding the proposed changes noting it would
discourage blight, simplify processes, encourage reasonable parking, and hold property
owners responsible for maintaining vacant properties.
Jeff McComas expressed concerns regarding the proposed changes adversely affecting
established businesses in industrial areas of the city.
Lynn Schwarz spoke in opposition to the potential for excessive building height
allowances in the Sugar House Business District.
Jacqueline Anderson expressed concerns regarding the potential for excessive
building heights and minimal setbacks within the Avenues area of the City.
Brian Heslop expressed concern regarding the proposed changes and potential
of residential areas being allowed in industrial/commercial areas, due to safety and
wellbeing of both residents and employees of abutting businesses.
Soren Simonsen spoke to areas surrounding the Jordan River that were highlighted for
transition, asked the Council to examine preservation and expansion of buffers beyond
the 100 foot minimum within the current riparian overlay, and advocated for the
development of Urban Design Division to help implement the proposed zoning.
Matt Sadauckas spoke in favor of the Council adopting the proposed changes as it
would enable a greater variety of housing options, potential to improve both parking and
transit, and slow the growth of homelessness.
Dan Mullen was called to speak but did not have comments for this item.
Council Remarks:
Council Member Young thanked the public for speaking on the topic and said continuing
the item for public comment provided the opportunity to address public feedback.
Council Member Puy thanked the public for their feedback, acknowledged their issues,
and described looking forward to providing more time to discuss.
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Motion:
Moved by Council Member Puy, seconded by Council Member Young to
continue the public hearing to a future Council meeting.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
2.Ordinance: Alley Vacation Near 2680 South Chadwick
The Council will accept public comment and consider adopting an ordinance that would
vacate a City-owned alley between approximately 2615 South and 2700 South, and
between Beverly Street and Chadwick Streets. If approved, the alley would be divided and
given to the property owners that abut the alley. The applicant has requested the vacation
due to various structures and vegetation in the alley, as well as an overall lack of use. The
request is supported by the Sugar House Master Plan. Located within Council District 7.
Petitioner: Taylor Thomas, owner of 2680 South Chadwick. Petition No.: PLNPCM2024-
00973.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, April 8, 2025
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 6, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Refer to motion sheet(s).
Summary:
Brian Fullmer provided a brief introduction to the ordinance.
Public Comment:
Lenny Fitzgerald spoke regarding a facility that would help homeless individuals with a
variety of services. (Comments not intended for this item but for general comments
section.)
Motion:
Moved by Council Member Young, seconded by Council Member Puy to close
the public hearing and adopt Ordinance 26 of 2025, vacating a City-owned
alley between approximately 2615 South 2700 South, and between Beverly
Street and Chadwick Streets.
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AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
3.Ordinance: Budget Amendment No.5 for Fiscal Year 2024-25
The Council will continue to accept public comment and consider an ordinance amending
the final budget of Salt Lake City, including the employment staffing document for Fiscal
Year 2024-25 Budget. Budget amendments happen several times each year to reflect
adjustments to the City’s budgets, including proposed project additions and
modifications. The proposed amendment includes funding to cover remaining costs for
the 400 South Bridge Reconstruction project, funds to repair homes in the Community
Land Trust, additional funding for the Hive Pass program because of increased usage,
and funding to expand the scope of a public restroom study.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, April 1, 2025; Tuesday, April 8, 2025; Tuesday, April 15, 2025;
and Tuesday, May 6, 2025
Set Public Hearing Date - Tuesday, April 1, 2025
Hold hearing to accept public comment - Tuesday, April 15, 2025 and Tuesday,
May 6, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Refer to motion sheet(s).
Summary:
Jennifer Bruno provided an introduction to the budget amendment.
There were no public comments.
Motion:
Moved by Council Member Wharton, seconded by Council Member Dugan to
close the public hearing and adopt Ordinance 27 of 2025, Budget
Amendment No. 5 for all items except Council-added items I-2 (contribution
to Mead Avenue underpass) and I-3 (contribution to Art in District 4), and
defer action on Items I-2 and I-3 to a future Council Meeting.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
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4.Grant Application: Financial Empowerment Center Academy
The Council will accept public comment for a grant application request from the Housing
Stability Division of the Department of Community and Neighborhoods to the Cities for
Financial Empowerment Fund. If awarded, the grant would fund a Financial
Empowerment Center (FEC) with the aim of preventing housing instability and eviction
through financial coaching and identifying strategies for overcoming financial barriers to
stable living.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, May 6, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
Summary:
Sylvia Richards provided a brief introduction to the grant application.
There were no public comments.
Motion:
Moved by Council Member Dugan, seconded by Council Member Puy to close
the public hearing and defer action for Item G-4 to a future Consent Agenda.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
H.POTENTIAL ACTION ITEMS:
1.Ordinance: Alley Vacation Near 1409 South Edison Street
The Council will consider adopting an ordinance that would vacate a portion of City-
owned alley adjacent to properties at approximately 1409 South Edison Street and 1404
South 200 East. If approved, the alley segment property would be divided and transferred
to the abutting property owners. The Planning Commission forwarded a negative
recommendation. Located within Council District 5. Petitioner: Davis Oatway, an adjacent
property owner. Petition No.: PLNPCM2024-00439.
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FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 18, 2025
Set Public Hearing Date - Tuesday, March 25, 2025
Hold hearing to accept public comment - Tuesday, April 15, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Refer to motion sheet(s).
Motion:
Moved by Council Member Puy, seconded by Council Member Mano to adopt
Ordinance 28 of 2025, vacating a portion of City-owned alley adjacent to
properties at approximately 1409 South Edison Street and 1404 South 200
East.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
I.COMMENTS:
1.Questions to the Mayor from the City Council.
There were no questions.
2.Comments to the City Council. (This is a one-hour time slot for the public to
comment on any City business not scheduled for a public hearing. Each person
will have two minutes to talk. General comment registration closes at 7:30 p.m.)
Summary:
Council Member Petro reiterated the rules of decorum.
Public Comment:
Will Jamison spoke to increases in utility (water) bills and asked for further review of
where costs could be cut to reduce the bills.
Hilary Jacobs spoke regarding delayed foothill land use management plans and trail
use signage highlighting that the community was concerned about the foothills ecosystem
being compromised.
Daniel Schelley spoke to the Bonneville Shoreline Trail being a multi-use trail for
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pedestrians and bikes and requested the City install right-of-way/multi-use signage along
the trail.
Cathy Faulkner was called to speak but was not present for comment.
Randell Hoffman spoke in support of the proposed City flag designs and the long
history of the LGBTQIA+ community in Salt Lake City.
Soren Simonsen expressed gratitude for the Council waiving interest accumulated on a
business loan from the City for Impact Hub, and detailed the successes of the business
and how it had boosted the entrepreneurial ecosystem in the City.
Betty Sawyer, Director of Utah Juneteenth Freedom & Heritage Festival, spoke in
support of the proposed city flag design that honored the Juneteenth Holiday and
described looking forward to honoring the history and heritage of the event.
J.NEW BUSINESS:
1.Ordinance: City Flag Standards
The Council will consider adopting an ordinance approving City Flag designs and
standards for display of a City Flag.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Suspend the rules and consider motions.
Council Remarks:
Council Member Young spoke to the proposed City flags as an act of love, consideration,
and welcoming for all City residents.
Council Member Dugan echoed the sentiment of Council Member Young’s statement and
thanked the Mayor for her courage and strength.
Council Member Mano thanked the Mayor and fellow Council Members noting that the
flags were meaningful to him and his family and was an important and critical symbol for
the people of the City to feel safe.
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Council Member Lopez Chavez thanked the Mayor and fellow Council Members for the
support and unconditional care for the residents of the City, noting this signified a
response to the joy and celebration of each resident and neighbor.
Council Member Wharton spoke to the meaning of each color of the Pride Flag,
representing shared humanity and shared ideals of freedom, perseverance, and love and
were symbols of the City’s diversity and unity.
Council Member Puy said the flags displayed the City’s care for all communities, many of
them marginalized, and they symbolized hope, unity, and that all were welcome.
Council Member Petro said there would be no compromise of the dignity of all City
residents or anyone that chose to be here, and would be evident in all aspects of City
business, including those displayed on the flag pole.
Motion:
Moved by Council Member Wharton, seconded by Council Member Puy to
adopt Ordinance 25 of 2025, approving City Flag designs and standards for
display of a City Flag.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
K.UNFINISHED BUSINESS:
1.Resolution: Tentative Budget of Salt Lake City, including the Tentative
Budget of the Library Fund, for Fiscal Year 2025-26
The Council will consider approving a resolution adopting the tentative budgets of Salt
Lake City, Utah, including the tentative budget of the Library Fund, for Fiscal Year 2025-
26.
For more information visit https://tinyurl.com/SLCFY26.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Refer to motion sheet(s).
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Motion:
Moved by Council Member Dugan, seconded by Council Member Young to
approve Resolution 12 of 2025, adopting the tentative budget for Salt Lake
City, Utah, including the tentative budget of the Library Fund, for Fiscal Year
2025-26.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
L.CONSENT:
1.Ordinance: Library Budget Amendment No.2 for Fiscal Year 2024-25
The Council will set the date of Tuesday, May 20, 2025 at 7 p.m. to accept public comment
and consider adopting an ordinance that would amend the budget for the Library Fund
for Fiscal Year 2024-25. Budget amendments happen several times each year to reflect
adjustments to the City’s budgets, including proposed project additions and
modifications. The proposed amendment includes required annual true-ups of property
tax increments that go to the Utah Inland Port Authority, Convention Center Hotel, and
the Community Reinvestment Agency of Salt Lake City.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 13, 2025
Set Public Hearing Date - Tuesday, May 6, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 7 p.m.
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Set date.
2.Board Appointment: Transportation Advisory Board – Ari Tepper
The Council will consider approving the appointment of Ari Tepper to the Transportation
Advisory Board for a term ending September 25, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
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3.Board Appointment: Racial Equity in Policing Commission – Cenezhana
Rokhaneevna
The Council will consider approving the appointment of Cenezhana Rokhaneevna to the
Racial Equity in Policing Commission Board for a term ending December 27, 2027.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
4.Board Appointment: Bicycle Advisory Committee – Maxwell Hoagland
The Council will consider approving the appointment of Maxwell Hoagland to the Bicycle
Advisory Committee for a term ending May 6, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
5.Board Appointment: Bicycle Advisory Committee – Kerry Doane
The Council will consider approving the appointment of Kerry Doane to the Bicycle
Advisory Committee for a term ending May 6, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
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6.Board Appointment: Bicycle Advisory Committee – William D. Davis
The Council will consider approving the appointment of William D. Davis to the Bicycle
Advisory Committee for a term ending May 6, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
7.Board Appointment: Bicycle Advisory Committee – Jeannie Rollo
The Council will consider approving the appointment of Jeannie Rollo to the Bicycle
Advisory Committee for a term ending May 6, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
Staff Recommendation - Approve.
8.Board Appointment: Bicycle Advisory Committee – Rebecca Bauer
The Council will consider approving the appointment of Rebecca Bauer to the Bicycle
Advisory Committee for a term ending May 6, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 6, 2025
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Staff Recommendation - Approve.
Motion:
Moved by Council Member Wharton, seconded by Council Member Mano to
approve the Consent agenda.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young,
Eva Lopez Chavez
Final Result: 7 – 0 Pass
M.ADJOURNMENT:
Meeting adjourned at 9:09 pm.
Council Minutes Approved:
CRA Minutes Approved:
LBA Minutes Approved:
_______________________________
City Council Chair – Chris Wharton
_______________________________
Community Reinvestment Agency Chair – Darin Mano
_______________________________
Local Building Authority Chair – Chris Wharton
_______________________________
City Recorder – Keith Reynolds
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
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This document along with the digital recording constitutes the official minutes of the City
Council, CRA, and LBA meeting held Tuesday, May 6, 2025 and is not intended to serve as a full
transcript. Please refer to the electronic recording for entire content pursuant to Utah Code §52-
4-203.
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PENDING MINUTES – NOT APPROVED
The Local Building Authority, Community Reinvestment Agency, and the Salt Lake City
Council of Salt Lake City, Utah met in Formal Session on Tuesday, May 20, 2025.
The following Board Directors/Council Members were present:
Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Alejandro Puy, Sarah Young, Eva
Lopez Chavez
Present Legislative leadership:
Jennifer Bruno – Executive Director, Lehua Weaver – Deputy Director, Nick Tarbet – Deputy
Director
Present Administrative leadership:
Mayor Erin Mendenhall, Rachel Otto – Chief of Staff, Jill Love – Chief Administrative Officer,
Danny Walz – Community Reinvestment Agency Director
Present City Staff:
Mark Kittrell – City Attorney, Matthew Brown – Deputy City Recorder, Stephanie Elliott –
Minutes & Records Clerk, Taylor Hill – Constituent Liaison/Policy Analyst, Scott Corpany –
Staff Assistant, Sylvia Richards – Public Policy Analyst
Council Member Petro presided at and conducted the meeting.
The meeting was called to order at 7:03 pm
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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LOCAL BUILDING AUTHORITY of
SALT LAKE CITY, UTAH MEETING
A.LBA OPENING CEREMONY:
1.Board/Council Member Victoria Petro will conduct the formal meeting.
2.Pledge of Allegiance.
3.Welcome and Public Meeting Rules.
4.The Board will approve the meeting minutes of April 15, 2025.
Motion:
Moved by Board Member Dugan, seconded by Board Member Young to
approve April 15, 2025, meeting minutes.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva
Lopez Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
B.LBA PUBLIC HEARINGS:
1.Resolution: Budget for the Capital Projects Fund of the Local Building
Authority for Fiscal Year 2025-26
The Board will accept public comment and consider approving a resolution that would
adopt the final budget for the Capital Projects Fund of the Local Building Authority of Salt
Lake City, Utah for Fiscal Year 2025-26.
The LBA’s Capital Projects Fund for Fiscal Year 2025-26 only includes the bond debt
services for the Glendale and Marmalade Libraries. (Other Capital projects throughout
the City are included in the Mayor’s Recommended Budget.) The LBA is a financing tool
for cities and government entities, like libraries, to bond for capital projects at better
interest rates. Capital projects are big projects like parks, public buildings, and street
projects.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
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Tuesday, May 20, 2025
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Staff Recommendation - Close hearing and refer to public hearing
on June 3, 2025
Motion:
Moved by Board Member Dugan, seconded by Board Member Lopez Chavez
to close the public hearing and refer the item to a new public hearing on June
3, 2025.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva Lopez
Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
Summary:
Jennifer Bruno introduced the item.
There were no public comments.
C.LBA ADJOURNMENT:
Motion:
Moved by Council Member Mano, seconded by Council Member Wharton to
adjourn as the LBA and convene as the CRA.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva Lopez
Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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SALT LAKE CITY
COMMUNITY REINVESTMENT AGENCY MEETING
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
D.CRA PUBLIC HEARINGS:
1.Resolution: Budget for the Community Reinvestment Agency of Salt Lake
City for Fiscal Year 2025-26
The Board will accept public comment and consider approving a resolution adopting the
final budget for the Community Reinvestment Agency of Salt Lake City for Fiscal Year
2025-26.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - Tuesday, April 8, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public hearing
on June 3, 2025
Summary:
Jennifer Bruno introduced the item.
There were no public comments.
Motion:
Moved by Director Lopez Chavez, seconded by Director Dugan to close the
public hearing and refer the item to a new public hearing on June 3, 2025.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva Lopez
Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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E.CRA ADJOURNMENT:
Motion:
Moved by Director Lopez Chavez, seconded by Director Wharton to adjourn as the
CRA Board and convene as the Salt Lake City Council.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva Lopez
Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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SALT LAKE CITY COUNCIL MEETING
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
F.CITY COUNCIL OPENING CEREMONY:
1.
2.
Motion:
Moved by Council Member Wharton, seconded by Council Member Dugan to
approve April 1, 2025, meeting minutes.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva
Lopez Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
3.
Motion:
Moved by Council Member Wharton, seconded by Council Member Lopez
Chavez to adopt Resolution 13 of 2025, Celebrating June 2025 as Pride
Month.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Darin Mano, Sarah Young, Eva
Lopez Chavez
ABSENT: Alejandro Puy
Final Result: 6 – 0 Pass
Summary:
Council Member Lopez Chavez read the resolution to the public. Chad Call (Executive
Director of Utah Pride Center) spoke on behalf of the Utah Pride Center and thanked the
Council for supporting all community members.
There were no public comments.
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COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
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G.PUBLIC HEARINGS:
Items G1 – G4 will be heard as one public hearing.
1.Grant Application: UOVC 2025-27 Victims of Crime Act Grant Program
Application Police Victim Advocates
The Council will accept public comment for a grant application request from the Police
Department to the Utah Office for Victims of Crime (UOVC). If awarded, the grant would
fund 50% of two existing full-time Victim Advocates and 80-90% of four part-time Victim
Advocates personnel and benefit costs.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, May 20, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
See item G4 for summary.
2.Grant Application: Bonneville Shoreline Trailhead Land Purchase
The Council will accept public comment for a grant application request from the
Department of Public Lands to the State of Utah, Division of Outdoor Recreation. If
awarded, the grant would fund the purchase of approximately 10 acres of land which
would provide the ability for trailhead facilities, assure a critical Bonneville Shoreline
Trail connection and alignment, and will provide access to other trails in the area that
currently are somewhat inaccessible.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, May 20, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
See item G4 for summary.
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3.Grant Application: School Age Quality Grant
The Council will accept public comment for a grant application request from the
Department of Community and Neighborhoods to the Department of Workforce Services.
If awarded, the grant would fund School Age Quality Out of School Time (OST)
programming for kindergarten through sixth grade children at six YouthCity sites.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, May 20, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
See item G4 for summary.
4.Grant Application: Department of Workforce Services Teen Afterschool
Prevention Grant
The Council will accept public comment for a grant application request from the
Department of Community and Neighborhoods to the Department of Workforce Services.
If awarded, the grant would fund afterschool programming for teens attending high
school and middle school at three YouthCity sites, plus the City and County Building.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - Tuesday, May 20, 2025 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Close and refer to future consent
agenda.
Summary:
Sylvia Richards introduced the item.
There were no public comments.
Motion:
Moved by Council Member Dugan, seconded by Council Member Young to
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close the public hearing and refer Items G1 through G4 to a future Consent
Agenda for action.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
5.Ordinance: Library Budget Amendment No.2 for Fiscal Year 2024-25
The Council will accept public comment and consider adopting an ordinance that would
amend the budget for the Library Fund for Fiscal Year 2024-25. Budget amendments
happen several times each year to reflect adjustments to the City’s budgets, including
proposed project additions and modifications. The proposed amendment
includes required annual true-ups of property tax increments that go to the Utah Inland
Port Authority, Convention Center Hotel, and the Community Reinvestment Agency of
Salt Lake City.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 13, 2025
Set Public Hearing Date - Tuesday, May 6, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Refer to motion sheet(s).
Ordinances and Resolution listed below (G6 – G20) are associated
with the implementation of the Mayor’s Recommended Budget for Salt
Lake City, including the Library Fund, for the Fiscal Year 2025-26. All
ordinances will be heard as one public hearing item during the May
20th and June 3rd public hearings.
Motion:
Moved by Council Member Dugan, seconded by Council Member Young to
close the public hearing and adopt Ordinance 29 of 2025, amending the
Fiscal Year 2025 final budget of the Salt Lake City Library, including the
employment staffing document as proposed.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
Summary:
Austin Kimmel introduced the item.
There were no public comments.
6.Ordinances Relating to Fiscal Year 2025-26 City Budget, Excluding the
Budget for the Library Fund
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Tuesday, May 20, 2025
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The Council will accept public comment and consider approving an ordinance adopting
the budget for Salt Lake City, Utah, excluding the budget for the Library Fund which is
separately adopted, and the employment staffing document of Salt Lake City, Utah for
Fiscal Year 2024-25.
For more information visit https://tinyurl.com/SLCFY26.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
7.Ordinance: Adopting the Budget for the Library Fund of Salt Lake City, Utah
for Fiscal Year 2025-26
The Council will accept public comment and consider approving an ordinance adopting
the budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2025-26.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
8.Ordinance: Adopting the Rate of Tax Levy, Including the Levy for the Library
Fund, for Fiscal Year 2025-26
The Council will accept public comment and consider approving an ordinance adopting
the rate of tax levy, including the levy for the Library Fund, upon all real and personal
property within Salt Lake City made taxable by law for Fiscal Year 2025-26.
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FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
9.Ordinance: Amendments to the Salt Lake City Consolidated Fee Schedule for
Fiscal Year 2025-26
The Council will accept public comment and consider approving an ordinance amending
various fees and fee information set forth in the Salt Lake City Consolidated Fee
Schedule.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
10.Ordinance: Compensation Adjustment for Elected and Statutory Officers
The Council will accept public comment and consider adopting an ordinance approving
a compensation adjustment for elected and statutory officers of Salt Lake City.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
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Tuesday, May 20, 2025
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Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
11.Ordinance: Compensation Plan for All Non-Represented Employees of Salt
Lake City for Fiscal Year 2025-26
The Council will accept public comment and consider adopting an ordinance approving a
compensation plan for all non-represented employees of Salt Lake City.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
12.Ordinance: Appropriating Necessary Funds to Implement Provisions of an
MOU between Salt Lake City and AFSCME for Fiscal Year 2025-26
The Council will accept public comment and consider adopting an ordinance
appropriating necessary funds to implement, for Fiscal Year 2025-26, the provisions of
the Memorandum of Understanding (MOU) between Salt Lake City Corporation and the
American Federation of State, County, and Municipal Employees (AFSCME) Local 1004,
representing eligible employees.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
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Tuesday, May 20, 2025
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Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
13.Ordinance: Appropriating Necessary Funds to Implement Provisions of the
MOU between Salt Lake City and the International Association of
Firefighters for Fiscal Year 2025-26
The Council will accept public comment and consider adopting an ordinance
appropriating the necessary funds to implement, for Fiscal Year 2025-26, the provisions
of the Memorandum of Understanding (MOU) between Salt Lake City Corporation and
the International Association of Firefighters Local 81, representing eligible employees.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
14.Ordinance: City Owned Motor Vehicles
The Council will accept public comment and consider adopting an ordinance that would
amend Section 2.54.030 of the Salt Lake City Code to update policies and restrictions
related to the use of City owned motor vehicles.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
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See item G20 for summary.
15.Ordinance: Parking Enforcement
The Council will accept public comment and consider adopting an ordinance that would
amend sections 12.56.140, 12.56.150, 12.56.160 and 12.56.200 of the Salt Lake City Code
to update the time frames, dates, and processes related to parking and parking
enforcement.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
16.Ordinance: Reallocation of the Responsibilities of the Department of Public
Services and the Department of Community and Neighborhoods
The Council will accept public comment and consider adopting an ordinance that would
amend sections of the Salt Lake City Code pertaining to the responsibilities of the
Department of Public Services and the Department of Community and Neighborhoods.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
17.Ordinance: Amending Title 2 Administrative Organization for the
Sustainability Department
The Council will accept public comment and consider an ordinance that would amend
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
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section 2.08.120 of the Salt Lake City Code identifying the functions and responsibilities
of the Sustainability Department. The amendment responds to a Legislative Intent from
the last annual budget.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
18.Ordinance: Title 17 Updates Compiling with Rate Study and Regulatory
Requirements
The Council will accept public comment and consider approving an ordinance would
amend Chapter 17of the Salt Lake City Code. The Department of Public Utilities
requests the updates to align with the City’s proposed water, sewer, and stormwater rate
structures and to comply with regulatory requirements.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
19.Fiscal Year 2025-26 Budget: Capital Improvement Program
The Council will accept public comment and consider adopting a resolution for project
funding allocations in the Capital Improvement Program (CIP), which involves the
construction, purchase or renovation of buildings, parks, streets or other city-owned
physical structures. Generally, projects have a useful life of at least five years and cost
$50,000 or more. The Council approves debt service and overall CIP funding in June
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with the annual budget process, while project-specific funding is approved by September
1 of the same calendar year.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
See item G20 for summary.
20.Resolution: Addendum No.9 to Interlocal Agreement with the Utah Transit
Authority (UTA) for Transit Master Plan Frequent Bus Service Routes
Implementation
The Council will accept public comment and consider adopting a resolution that would
authorize the Mayor to enter into the proposed addendum No.9 to the Interlocal
Agreement with UTA to implement 2025-26 Frequent Transit Network (FTN) service.
Frequent service is a goal for buses to arrive at least every 15 minutes. This agreement
covers the routes on 200 South, 900 South, 2100 South and 1000 North/South Temple.
The interlocal agreement signed in 2018 is for twenty years, with a goal of full
implementation of the FTN as described in the City’s Transit Master Plan.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - TBD
Set Public Hearing Date - Tuesday, April 15, 2025
Hold hearing to accept public comment - Tuesday, May 20, 2025 and Tuesday,
June 3, 2025 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Close hearing and refer to public
hearing on June 3, 2025
Summary:
Jennifer Bruno introduced the budget items and clarified that all budget items were
presented as a single collective public hearing to implement the Mayor’s recommended
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budget.
Public Comment:
Ian McCubbin spoke on a CIP request for the Foothills trails maintenance and fire
stations funding, and requested the reallocation of $3 million from Green Loop Funding
to cover those items.
Nathan Peters spoke on a CIP request for speed bumps in the Fairpark neighborhood
and requested that funding be used to install safety measures.
Kim Paturzo spoke on a CIP request for additional safety measures to be implemented
in the Sugarhouse area.
Gary Tadesco spoke on a CIP request for the Safe Streets Program, including the
installation of a traffic circle around the University of Utah communities, highlighting
the poor visibility for pedestrians and residents.
Robbie Reber spoke on mountain biking and hiking accessibility around the city and
requested the installation and completion of new trails for all levels to use.
Jane Anderson spoke on mountain biking and hiking accessibility around the city
and requested the installation and completion of new trails for all levels to use.
Ned Skanchy spoke on mountain biking and hiking accessibility around the city and
requested the installation and completion of new trails for all levels to use.
Peter Corroon spoke on CIP request item 54 for Main and Broadway Shade, which
was not selected for funding, and requested reconsideration for funding the updates due
to safety concerns.
Ada Skanchy spoke on mountain biking and hiking accessibility around the city and
requested the installation and completion of new trails for all levels to use.
Samuel Rowan from District 4 spoke on a CIP request for speed bumps and the
restriction of diesel trucks driving along 2100 South to create safety for the community.
Josh Quigley, representing the East Central Community Council, spoke on a CIP
request for Item G19 1200 East Island Reconstruction that was not selected for funding,
and requested a modification to address the needed repairs to curbs and sprinklers to
prevent the continued die-off of newly planted and mature trees from lack of water and
car destruction.
Elisabeth Barrows spoke about general parks and open space funding, requesting
that more community programs and activation be implemented to enhance the trails,
thereby helping to combat crime and drug issues on the unused trails.
Joseph Murphy proposed a change to the current CIP application and selection
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process, suggesting that a portion of the budget be allocated for safety measures to
create a more effective way to address local safety issues.
Motion:
Moved by Council Member Dugan, seconded by Council Member Young to
close the public hearing and refer items G5-G20 to a new public hearing on
June 3, 2025.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
H.POTENTIAL ACTION ITEMS:
1.Ordinance: Budget Amendment No.5 for Fiscal Year 2024-25
The Council will consider an ordinance amending the final budget of Salt Lake City,
including the employment staffing document for Fiscal Year 2024-25 Budget. Budget
amendments happen several times each year to reflect adjustments to the City’s budgets,
including proposed project additions and modifications. The proposed amendment
includes funding to cover remaining costs for the 400 South Bridge Reconstruction
project, funds to repair homes in the Community Land Trust, additional funding for the
Hive Pass program because of increased usage, and funding to expand the scope of a
public restroom study.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, April 1, 2025; Tuesday, April 8, 2025; Tuesday, April 15, 2025;
and Tuesday, May 6, 2025
Set Public Hearing Date - Tuesday, April 1, 2025
Hold hearing to accept public comment - Tuesday, April 15, 2025 and Tuesday,
May 6, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, May 6, 2025 and Tuesday, May 20, 2025
Staff Recommendation - Refer to motion sheet(s).
Summary:
Council Members discussed friendly amendments proposed by Council Members Puy,
Young, and Wharton, which included splitting motions, adding legislative intents, and
clarifying budget items. Motion:
Moved by Council Member Dugan, seconded by Council Member Young to
not adopt item I2 and include a Legislative Intent to allocate $14,000 ($2,000
per district) from fund balance to the Community and Neighborhoods budget
for FY 26. The purpose of these funds would be to request that the Arts
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
19
Council create a public arts program for small and/or fast district-based
peacemaking projects that:
1.Pursue and facilitate public-private partnerships,
2.Feature an equitable and transparent process, and
3.Include the input of the respective Council Member.
Furthermore, it is the intent of the Council that administrative staff report on
the progress of this program by December 2025.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Eva
Lopez Chavez
NAY: Sarah Young
Final Result: 6 – 1 Pass
Motion:
Moved by Council Member Wharton, seconded by Council Member Dugan to
not adopt item I3, close Budget Amendment No. 5, and add more
specifications with the Legislative intent as clarified in the previous motion
for item I2.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah
Young, Eva Lopez Chavez
Final Result: 7 – 0 Pass
I.COMMENTS:
1.
There were no questions for the Mayor.
2.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
20
Public Comments:
Judith Murphy requested a pause in construction around the City to conduct an
environmental impact study before more infrastructure is built.
Cheneil Hill, represented the Stand Against Fear and Exploitation (SAFE) nonprofit
organization, spoke on community safety and statewide prison reform to help protect
children from offenders entering city parks and public areas.
Austin Joseph spoke about non-invasive safety precautions that could be implemented
to help enhance the community's safety, instead of relying on expensive surveillance
cameras.
Matthew Reardon spoke on federal building accountability and the unconstitutional
silencing of journalists.
Ricardo Mejias thanked the City for the Calm Your Streets Program, stating the results
were beneficial, and requested engagement from the Council at the upcoming community
meeting to discuss the We Connect Program and provide information on creating
community proposals.
Ian McCubbin spoke on the City Creek Fire shed and City Creek Watershed issues, and
requested that more action be taken to be proactive against the risk of fires after a dry
winter.
J.NEW BUSINESS:
NONE.
K.UNFINISHED BUSINESS:
NONE.
L.CONSENT:
1.Ordinance: Alley Closure at Approximately 9 North Chicago St. (Madsen
Park)
The Council will set the date of Tuesday, July 1, 2025 at 7 p.m. to accept public comment
and consider adopting an ordinance that would indefinitely close a portion of City-owned
alley located at approximately 9 North Chicago Street (Madsen Park) running
north/south mid-block between 1000 West and Chicago Street. The proposed alley
closure is needed to consolidate all parcels that make up Madsen Park into one parcel to
facilitate park improvements that are being funded by the Parks, Trails, & Open Space
General Obligation Bond (GO Bond). This portion of the alley doesn’t provide access to
nearby residents to their properties or to the park. Located within Council District 2.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
21
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 6, 2025
Set Public Hearing Date - Tuesday, May 20, 2025
Hold hearing to accept public comment - Tuesday, July 1, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, July 8, 2025
Staff Recommendation - Set date.
2.Board Appointment: Planning Commission – Lilah Rosenfield
The Council will consider approving the appointment of Lilah Rosenfield to the Planning
Commission for a term ending May 20, 2029.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Approve.
3.Board Appointment: Planning Commission – Michael Vela
The Council will consider approving the appointment of Michael Vela to the Planning
Commission for a term ending May 20, 2029.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Approve.
4.Board Appointment: Planning Commission – Jeffrey Barrett
The Council will consider approving the appointment of Jeffrey Barrett to the Planning
Commission for a term ending May 20, 2029.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
22
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Approve.
5.Board Appointment: Bicycle Advisory Committee – Esther Daranciang
The Council will consider approving the appointment of Esther Daranciang to the Bicycle
Advisory Committee for a term ending May 20, 2028.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, May 20, 2025
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, May 20, 2025
Staff Recommendation - Approve.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
23
Motion:
Moved by Council Member Wharton, seconded by Council Member Lopez Chavez
to approve the Consent Agenda.
AYE: Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young,
Eva Lopez Chavez
Final Result: 7 – 0 Pass
M.ADJOURNMENT:
Meeting adjourned at 8:19 pm
Council Minutes Approved: [Date will be added upon approval]
CRA Minutes Approved: [Date will be added upon approval]
LBA Minutes Approved: [Date will be added upon approval]
_______________________________
City Council Chair – Chris Wharton
_______________________________
Community Reinvestment Agency Chair – Darin Mano
_______________________________
Local Building Authority Chair – Chris Wharton
_______________________________
City Recorder – Keith Reynolds
Please refer to Meeting Materials (available at https://data.slc.gov by selecting City Council
Meeting Information) for supportive content including electronic recordings and comments
submitted prior to or during the meeting. Websites listed within the body of the Minutes may
not remain active indefinitely.
This document along with the digital recording constitutes the official minutes of the City
Council, CRA, and LBA meeting held Tuesday, May 20, 2025 and is not intended to serve as a
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
24
full transcript. Please refer to the electronic recording for entire content pursuant to Utah Code
§52-4-203.
MINUTES OF THE SALT LAKE CITY COUNCIL, LOCAL BUILDING AUTHORITY, AND
COMMUNITY REINVESTMENT AGENCY
Tuesday, May 20, 2025
25
Item B1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Standards for Design Review Text Amendment
PLNPCM2024-00294
MOTION 1 (continue hearing)
I move that the Council continue the public hearing to a future Council meeting.
MOTION 2 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Standards for Design Review Text Amendment
PLNPCM2024-00294
BRIEFING UPDATE
During the July 1, 2025 briefing Council Members discussed the proposal requiring windows to be recessed
three inches from a building’s façade. Planning staff stated the window reveal would be required for all new
construction that goes through the design review process. Some Council Members suggested exempting
developments with a percentage of affordable units from this requirement which could potentially reduce
construction costs and rents.
Planning staff discussed the proposal to allow a maximum 25% building length increase beyond what is
allowed in the base zoning district for projects going through the design review process. This would result
in a maximum building length of 250 feet. Council Members discussed allowing additional building length
for projects that incorporate affordable housing. Currently, there is not a maximum building length in City
code.
As discussed below, schools, stadiums, libraries, convention centers, schools, theaters, and other similar
uses would be exempt from the proposed maximum building length. Planning recommended not allowing
reductions in ground floor active use and pedestrian interest requirements if building length is increased
beyond what is allowed in the base zoning.
In response to a Council Member question about the reasons for the proposed changes, Planning staff
stated the intent is to reduce confusion from applicants that come up in staff level discussions while
processing planning applications.
Updated Recommendations
Item Schedule:
Page | 3
Based on Council Member discussions during the briefing Planning staff updated their recommendations
for window reveals, and for building façade length limits. According to the memo, after the discussion with
the Council, Planning staff recognized the three foot recess would add to construction costs thus impacting
housing affordability. They now recommend removing the window reveal requirement in order to support
keeping constructions costs down. See Attachment A to read their full analysis.
Planning’s updated recommendation for building façade length requests is to allow an increase of up to
75% of the allowed maximum if projects meet the following:
Receives design review approval,
Maintains active ground floor use requirements, and
Meets affordable housing incentive levels outlined in City code.
Staff note: The Council may want to continue the August 12, 2025 public hearing and schedule a follow-
up briefing for Planning staff to discuss the updated recommendations.
The following information was provided for the July 1, 2025 briefing. It is included
again for background purposes.
The Council will be briefed about a Planning Commission-initiated text amendment for the design review
standards found in City code. Proposed changes would clarify when existing standards apply, ensure
language in City code achieves the standards’ intent, and deletes standards from the design review chapter
found elsewhere in the zoning ordinance.
Additional changes would eliminate the design standard related to building modulation (using a series of
horizontal and vertical emphases on larger buildings to reduce visual width or height). The Commission
felt this standard frequently resulted in over articulated designs and does not achieve the desired quality
design.
The Planning Commission reviewed this proposal at its March 27, June 26, and August 28, 2024 meetings.
A public hearing was held on August 28, 2024 at which no one spoke, and the Commission voted
unanimously to forward a positive recommendation to the City Council.
Review the proposed text amendment and determine if the Council supports
moving forward with the proposal.
POLICY QUESTION
1. The Administration recommends requiring window openings to be recessed three inches to add
dimensionality to building facades. The Council may want to discuss the balance between the City’s
priority of affordable housing and potentially increased building costs from including this
fenestration which may result in higher selling or rental prices.
ADDITIONAL INFORMATION
Design reviews allow limited changes to design standards with a goal of ensuring larger developments that
significantly impact the city, achieve their desired outcomes and benefit the community. Ensuring
developments are compatible with the surrounding area and mitigating impacts they could have on
existing infrastructure and public spaces are addressed during the design review.
According to the transmittal, the proposed amendment’s primary goal is to create human-centered,
walkable communities. An additional goal is to improve clarity for applicants and consistency from
Page | 4
Planning staff during the review process. The amendment is designed to ensure new projects meet current
and future needs as well as contribute to the City’s long-term goals.
KEY CONSIDERATIONS
Consideration 1 – Proposed Ordinance Changes:
Design Review Process (21A.59.030) – Streetscape study requirement (New)
Design Review Standards Applicability (21A.59.045.A)
Standards for Design Review (21A.59.050)
Subsection C: Pedestrian Interest
Active ground floor uses are to be located near public sidewalks.
Street facing facades to provide maximum transparency. Ground floor windows cannot be
covered or blocked to prevent looking into the building.
Commercial buildings are to have traditional storefront elements. Buildings with ground floor
residential uses are to have a unit entrance with entry feature.
Buildings on corner lots are to include a publicly accessible, transparent, and unobstructed
corner entrance.
If provided, outdoor uses should be located sidewalks or midblock walkway.
Subsection D: Building Massing
Proposal calls for eliminating the building modulation standard. The Planning Commission felt
the standard did not result in high quality designs.
Additional standards related to building mass, scale, and other design features found elsewhere
in City code have been relocated to this chapter and the language has been modified for clarity.
A requirement to recess windows three inches is being proposed to add dimensionality to
building facades as was recently added to new construction in local historic districts. (Buildings
fully clad in glass are exempt.)
Page | 5
o The Council may want to discuss the balance between potentially increased costs of an
enhanced building design with a desire for affordable housing in the city.
Subsection E: Street Facing Façade Length
Currently, building length can be increased without limit through design review process.
Proposal limits building length increase to a maximum of 25% through design review.
Under the proposal ground floor requirements cannot be reduced through design review.
Some uses including schools, stadiums, libraries, convention centers, schools, theaters, and other
similar uses determined by the zoning administrator are exempt from the building length limit.
Subsection G: Additional Building Height
The following are proposed for deletion:
Stepback standards - these are regulated in the design standards chapter.
Cornices and Rooflines - these have been prescriptive and difficult to administer.
Building modulation - could limit development rights if a building must be stepped up or down
from a shorter building on a neighboring property.
Shadow study for buildings seeking additional height - due to climate change, shaded outdoor
spaces are increasingly seen as beneficial.
Subsections B, F, H, I, J, and K
These subsections with standards related to building orientation, publicly accessible spaces, parking,
screening of service areas, lighting, and streetscape improvements have minor suggested changes to
improve clarity, and reduce redundancy if standards are required elsewhere in the ordinance. A final
review may still be required during the building permit process.
The following standards are proposed to be added to the ordinance:
Move a requirement for a distinct base on buildings taller than three stories to Subsection D,
which focuses on massing.
New standard requiring buildings adjacent to a landmark site to include a horizontal element
that aligns with a corresponding element of the historic building.
Consideration 2 – How the Proposal Helps Implement City Goals & Policies Identified in
Adopted Plans:
Planning staff believes the proposed changes align with principles and concepts found in Plan Salt Lake,
and the Urban Design Element to enhance compatibility, quality, and pedestrian-oriented design features
in new developments.
ANALYSIS OF STANDARDS
Attachment C (pages 27-29) of the Planning Commission staff report outlines zoning text amendment
standards that should be considered as the Council reviews this proposal. The standards and findings are
summarized below. Please see the Planning Commission staff report for additional information.
Factor Finding
Whether a proposed text amendment is consistent with
the purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
Complies
Whether a proposed text amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
Page | 6
Whether a proposed text amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
Complies
(Local historic district
preservation standards
would supersede those
in the design review
chapter.)
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
The impact that the proposed text amendment may have
on city resources necessary to carry out the provisions
and processes required by this title.
Proposal is intended to
reduce review times and
not increase impact on
City resources.
The impact that the proposed text amendment may have
on other properties that would be subject to the proposal
and properties adjacent to subject properties.
Standards are intended
to reduce impacts to
adjacent properties
through high quality
design, street level
engagement, and
infrastructure upgrades.
The community benefits that would result from the
proposed text amendment, as identified in 21A.50.050.C.
Enhanced design review
benefits the community
with higher quality
design
PROJECT CHRONOLOGY
• November 18, 2023 – Planning Commission initiated petition to amend design review chapter.
• March 14, 2024 – Petition assigned to Amanda Roman, Urban Designer.
• March 27, 2024 – Planning Commission briefing.
• June 26, 2024 – Second Planning Commission briefing.
• July 2, 2024 –
o 45-day comment period begins.
o Notice sent to all registered community organizations.
• July 5, 2024 – Initial information posted to the City’s online open house webpage.
• July 18, 2024 – Planning staff presented the proposal to the Liberty Wells Community Council.
• July 20, 2024 – Planning staff provided a write-up about the proposal for the Greater Avenues
Community Council’s August 2024 newsletter.
• August 8, 2024 – Planning staff presented the proposal to the East Liberty Park Community
Council.
• August 15, 2024 – Public hearing notice posted to City and State websites.
• August 16, 2024 – Public hearing notice posted at the Main Library, Chapman, and Sprague
branch libraries.
Page | 7
• August 28, 2024 – Planning Commission briefing and public hearing. The Commission voted
unanimously to forward a positive recommendation to the City Council.
• October 23, 2024 – Ordinance requested from the Attorney’s Office.
• March 12, 2025 – Ordinance received from the Attorney’s Office.
• May 15, 2025 – Transmittal received in City Council Office.
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: On November 8, 2023, the Planning Commission initiated a
petition to amend Chapter 21A.59 – Design Review. The purpose of the amendment is to clarify
when each section applies to a project, ensure the code language clearly communicates the intent
of the standard, and delete duplicative standards from the chapter. It also introduces new design
standards to enhance the effectiveness of the review process, promoting high-quality design
outcomes.
The proposed modifications primarily focus on standards for pedestrian interest, building massing,
street facing façade length, and building height. Other subsections were revised for clarity without
significant changes to their standards.
City Council Briefing and Subsequent Updates
Planning staff presented the proposed amendments to the City Council on July 1, 2025. Based on
Council feedback, Planning staff made two updates:
1. Removal of 3-Inch Window Reveal Requirement (Subsection D – Massing)
2. Addition of an Exception to Façade Length Limits for Affordable Housing (Subsection E
– Street Facing Façade Length)
Details on each change are provided below. Language that is proposed to be modified is bolded.
1. Removal of 3-Inch Window Reveal Requirement (Subsection D – Massing)
The intent of the Massing subsection is to reduce the perceived mass and bulk of buildings by
using human-scale proportions and fenestration patterns and utilizing secondary architectural
elements that are contextual and compatible with existing development patterns.
Planning staff originally proposed a standard requiring window openings to be recessed by at least
3 inches (except for fully glass-clad buildings) to create visual depth and improve façade
aesthetics. This standard was pulled from the New Construction standards used in Local Historic
Districts. After discussion with the Council, it was acknowledged that this requirement would
likely increase construction costs, which would impact housing affordability. Given the City’s
priority to support affordable housing, staff now recommend removing the 3-inch window reveal
requirement from the amendment.
Original Proposal – Section 21A.59.050.D
Large b Building masses shall be divided into heights and sizes proportions that minimize the
perceived mass of the structure and relate to human scale by demonstrating compliance with the
following standards: .
1. Relate building scale and massing to the size and scale of existing and anticipated
buildings the surrounding buildings, and context of the site, such as alignments with
existing foundation lines, established cornice heights, building massing, stepbacks
and vertical emphasis;
2. Modulate the design of a larger building using a series of vertical or horizontal
emphases to equate with the scale (heights and widths) of the buildings in the context
and reduce the visual width or height. For buildings with more than three stories,
compose the design of a building with a distinct base to create a sense of human scale
orientation. For buildings taller than 50 feet, the height of the base shall be at least 20
feet. For buildings taller than 100 feet, the minimum base height should be three
stories or be consistent with the existing street wall;
3. Include secondary architectural elements such as balconies, porches, vertical bays,
belt courses, fenestration and or window reveals; and
4. Reflect the scale and solid-to-void solid (wall) to void (window/door openings) ratio
of windows and doors of the established character of the neighborhood or that which is
desired in the master general plan. Windows shall have a consistent spacing pattern and
alignment. Unless the building is clad in all glass, window openings shall be recessed
by a minimum of 3 inches.
Proposed Language Update After July 1 Briefing:
4. Reflect the scale and solid-to-void solid (wall) to void (window/door openings) ratio
of windows and doors of the established character of the neighborhood or that which
is desired in the master general plan. Windows shall have a consistent spacing pattern
and alignment. Unless the building is clad in all glass, window openings shall be
recessed by a minimum of 3 inches.
2. Addition of an Exception to Façade Length Limits for Affordable Housing (Subsection
E – Street Facing Façade Length)
The goal of the new standards is to maintain pedestrian-oriented design, which is often sacrificed
when building facades are too long and when active ground floor uses are eliminated. Additional
design standards have also been included to break up long facades, make buildings appear smaller
through proportional massing, and ensure transparency and engagement at the ground level.
The original proposal would allow projects to exceed the prescribed maximum building length by
up to 25%. This would result in a maximum length of 250 feet across most zoning districts, if the
project receives design review approval from the Planning Commission.
For buildings exceeding the maximum street facing façade length, the ground floor use
requirements in Chapter 21A.37 cannot be reduced via the design review process. In zones without
a ground floor use requirement, at least 75% of the ground floor must include active uses as defined
in Chapter 21A.37.050. This standard ensures that long buildings prioritize and contribute to street
activity, rather than using the extra building length for parking, utilities, or private amenity space.
At the July 1 City Council briefing, the Council expressed interest in allowing a further increase
in building length for projects that incorporate affordable housing. This exemption was discussed
internally with Planning staff but not added to the original amendment. In response to the Council
discussion staff is proposing the following:
Projects may exceed the maximum building length prescribed in the underlying zoning district by
up to 75%, resulting in a cap of 350 feet for most zones, if the project:
• Receives design review approval,
• Maintains the active ground floor use requirements, and
• Meets the affordability levels outlined in Chapter 21A.52.050 (Affordable Housing
Incentives).
Original Proposal – Section 21A.59.050.E
This subsection is only applicable to buildings requesting additional street facing building façade
length. Street facing building facades shall contribute to the character of the neighborhood,
reinforce the established street wall, promote ground-level activation, create a sense of enclosure,
and be designed to minimize negative impacts on the streetscape. The street facing building
façade may only be increased up to 25% of the allowed maximum in Section 21A.37.060,
subject to the following standards:
1. Reductions to the ground floor use requirement of the underlying zoning district, as
specified in Section 21A.37.060, are not permitted. For zoning districts without a
designated ground floor use requirement, a minimum of 75% of the ground floor shall
contain qualifying active uses as defined in Section 21A.37.050.A.
2. Building facades that exceed the maximum street facing façade length shall be
designed to reduce the perceived length of the façade and provide visual interest, by
including elements such as:
a. Significant changes in wall plane measuring at least 2 feet;
b. Massing changes; or
c. Distinguished roof lines.
3. The following land uses are exempt from the maximum increase of 25% of building
façade and the reduction in ground floor use provision above: utility buildings and
structures (other than the offices for utility providers), stadiums/arenas, libraries,
convention centers, places of worship, government offices, public and private
schools, universities, movie theaters, live performance theaters, and other similar
general assembly land uses as determined by the zoning administrator.
Proposed Language Update After July 1 Briefing
This subsection is only applicable to buildings requesting additional street facing building façade
length. Street facing building facades shall contribute to the character of the neighborhood,
reinforce the established street wall, promote ground-level activation, create a sense of enclosure,
and be designed to minimize negative impacts on the streetscape. The street facing building
façade may only be increased up to 25% of the allowed maximum in Section 21A.37.060,
subject to the following standards:
1. Reductions to the ground floor use requirement of the underlying zoning district, as
specified in Section 21A.37.060, are not permitted. For zoning districts without a
designated ground floor use requirement, a minimum of 75% of the ground floor shall
contain qualifying active uses as defined in Section 21A.37.050.A.
2. Building facades that exceed the maximum street facing façade length shall be
designed to reduce the perceived length of the façade and provide visual interest, by
including elements such as:
a. Significant changes in wall plane measuring at least 2 feet;
b. Massing changes; or
c. Distinguished roof lines.
3. Exemptions:
a. The following land uses are exempt from the maximum increase of 25%
of building façade and the reduction in ground floor use provision above:
utility buildings and structures (other than the offices for utility providers),
stadiums/arenas, libraries, convention centers, places of worship,
government offices, public and private schools, universities, movie
theaters, live performance theaters, and other similar general assembly
land uses as determined by the zoning administrator.
b. Developments that comply with the affordability level in Table
21A.52.050.G Affordable Housing Incentives may exceed the building
length by up to 75% of the allowed maximum in Section 21A.37.060.
Such developments shall enter into a legally binding restrictive
covenant, the form of which shall be approved by the city attorney.
Planning Commission (PC) Records (Click to Access Records)
a) Planning Commission Briefing Staff Report of March 27, 2024
b) Planning Commission Briefing Staff Report of June 26, 2024
c) PC Agenda of August 28, 2024
d) PC Minutes of August 28, 2024
e) Planning Commission Staff Report of August 28, 2024
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
05/06/2025
Date Sent to Council:
05/15/2025
From:
Department *
Community and Neighborhood
Employee Name:
Lindquist, Kelsey
E-mail
Kelsey.Lindquist@slc.gov
Department Director Signature
Director Signed Date
05/07/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
05/14/2025
Subject:
PLNPCM2024-00294 Design Review Standards Amendment
Additional Staff Contact:
Amanda Roman amanda.roman@slc.gov
Presenters/Staff Table
Kelsey Lindquist kelesy.lindquist@slc.govAmanda Roman amanda.roman@slc.gov
Document Type
Ordinance
Budget Impact?
Yes
No
Recommendation:
Follow the recommendation from Planning Commission and adopt the proposed amendment.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
Included in background section.
This page has intentionally been left blank
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: This petition, initiated by the Planning Commission on
November 8, 2023, seeks a text amendment to Chapter 21A.59 Design Review. The purpose of
the amendment is to clarify when each section applies to a project, ensure the code language
clearly communicates the intent of the standard, and delete duplicative standards from the
chapter. It also introduces new design standards to enhance the effectiveness of the review
process, promoting high-quality design outcomes.
The Design Review process allows for minor modifications to the design standards in Chapter
21A.37 and ensures that larger developments align with the city’s goals. It assesses compatibility
with surroundings, addresses impacts on public infrastructure, and supports the city’s long-term
vision and resilience while balancing the cost of implementing the standards to avoid hindering
affordable development.
The proposed modifications primarily focus on standards for pedestrian interest, building
massing, street facing façade length, and building height. Other subsections (B, F, H, I, J, and K)
were revised for clarity without significant changes to their standards. The four subsections with
the most modifications are summarized below.
Proposed Amendments to the Standards for Design Review – Section 21A.59.050
Subsection C: Pedestrian Interest – The intent of this section is to increase ground floor
pedestrian interest and street activation.
• Locate ground floor uses near public sidewalks and provide maximum transparency on
street facing facades.
• Buildings with commercial uses shall be designed using traditional storefront elements,
while buildings with residential uses on the ground floor must include an entrance with a
defined entry feature.
• New Standard: For buildings on corner lots, a publicly accessible, transparent, and
unobstructed corner entrance must be included. If a building is located on a lot with more
than one corner only one corner entrance would need to be provided.
Subsection D: Massing – The intent of the subsection is to reduce the perceived mass and bulk
of buildings by using human-scale proportions and fenestration patterns and utilizing secondary
architectural elements that are contextual and compatible with existing development pattern.
• Building scale and massing must relate to existing buildings by aligning design elements
such as foundation lines, cornices, and general massing. Buildings taller than three stories
shall include a distinct base.
• New Standard: Fenestration should align with the established pattern of the neighborhood
and emphasize human-scale proportions. A newly proposed standard requires that unless
a building is fully clad in glass, window openings must be recessed by three inches.
The 3-inch reveal requirement was initially adopted for new construction in local historic
districts. While it enhances aesthetic quality by adding shadow lines to a flat façade, it is
important to note that this standard could increase construction costs, potentially leading
to higher purchase or rental rates. Given that providing affordable housing is a top
priority for Salt Lake City, this aspect must be carefully considered.
Subsection E: Street Facing Façade Length – The goal of the new standards is to maintain
pedestrian-oriented design, which is often sacrificed when building facades are too long and
when active ground floor uses are eliminated. Additional design standards have also been
included to break up long facades, make buildings appear smaller through proportional massing,
and ensure transparency and engagement at the ground level.
• New Standard: The proposal allows up to a 25% increase of the prescribed maximum
building length in Section 21A.37.060. Most zones currently allow for building lengths of
150 or 200 feet by right, so this change allows for more length but not in an unlimited
manner.
• New Standard: For buildings exceeding the maximum street facing façade length, the
ground floor use requirements in Chapter 21A.37 cannot be reduced via the design review
process. In zones without a ground floor use requirement, at least 75% of the ground floor
must include active uses as defined in Chapter 21A.37.050. This standard ensures that long
buildings prioritize and contribute to street activity, rather than using the extra building
length for parking, utilities, or private amenity space.
• New Standard: Staff recommend exempting certain land uses from the maximum street
facing façade length and ground floor use requirements due to their unique building
forms. The exempt uses include utility buildings (excluding utility provider offices),
stadiums/arenas, libraries, convention centers, places of worship, government offices,
schools (public and private), universities, movie theaters, live performance theaters, and
other similar general assembly uses as determined by the zoning administrator.
Subsection G: Additional Building Height – This section addresses the standards for projects
seeking additional building height as authorized in the underlying zoning district.
• New Standard: Buildings adjacent to a Landmark Site must include a horizontal element
that aligns with a corresponding element of the historic building.
The following standards are proposed to be deleted from the subsection:
• Upper Level Building Stepbacks: These standards are redundant, as stepbacks are
covered under Chapter 21A.37 Design Standards.
• Cornices and Rooflines: These standards were very prescriptive, have proven difficult to
administer, and have not ensured cohesive integration with overall building form.
Additionally, requiring green roofs is not feasible for all buildings.
•Building Modulation: This standard may restrict development rights by necessitating
adjustments based on neighboring structures.
•Shadow Study: The requirement for a shadow study for taller buildings is proposed for
deletion, as shaded outdoor spaces may be increasingly valued in the context of climate
change, potentially outweighing shadow concerns.
PUBLIC PROCESS: The Planning Commission held briefings on March 27, 2024, and June 26,
2024. A public hearing was held on August 28, 2024. The public hearing was advertised as
required by Utah Code and City Ordinance. The proposed text amendment went through a more
extensive public engagement process. A description of that process and public input can be
found in the original petitions associated with the text amendment.
The Planning Commission unanimously recommended that the City Council adopt the ordinance.
Planning Commission (PC) Records (Click to Access Records)
a)Planning Commission Briefing Staff Report of March 27, 2024
b)Planning Commission Briefing Staff Report of June 26, 2024
c)PC Agenda of August 28, 2024
d)PC Minutes of August 28, 2024
e)Planning Commission Staff Report of August 28, 2024
EXHIBITS:
1)Ordinance
2)Project Chronology
3)Notice of City Council Public Hearing
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V1 1
Project Title: Text Amendment to Chapter 21A.59 Design
Review
Petition No.: PLNPCM2024-00294
Version: 1
Date Prepared: March 12, 2025
Planning Commission Action: Recommended 8/28/2024
This proposed ordinance makes the following amendments (for summary purposes only):
Adds design review submittal requirements
Reorganizes the design review standards and clarifies when each subsection is applicable
Adds new standards for design review to better meet the intent of the design review process
Deletes standards regulated elsewhere in City code
Makes technical changes
Underlined text is new; text with strikethrough is proposed to be deleted. All other text is existing with no
proposed change.
1
1. Amending Subsection 21A.59.030.B as follows: 2
3
B. Complete Application: The design review application is considered complete when it includes all 4
of the following: 5
1. All of the application information required for site plan review as identified in Chapter 6
21A.58 of this title. 7
2. Photos showing the facades of adjacent abutting development, trees on the site, general 8
streetscape character, and views to and from the site. 9
3. Streetscape study that illustrates how the building integrates with the block face. The study 10
shall include the building height, height of the ground floor or building base, street facing 11
façade length, front yard setback, and location of vehicular entrances of existing buildings. If 12
the proposed building is located on a corner lot, the analysis shall incorporate both block 13
faces. 14
3 4. Demonstration of compliance with the purpose of the individual zoning district in written 15
narrative and graphic images. 16
4 5. Demonstration of compliance with the purpose of the applicable design standards of the 17
individual zoning district in written narrative, graphic images, and relevant calculations. 18
5 6. Demonstration of compliance with the applicable design review objectives (Section 19
21A.59.060 of this chapter) in written narrative, graphics, images, and relevant calculations. 20
6 7. The zoning administrator may waive a submittal requirement if it is not necessary in order to 21
determine if a request for a modification to a design standard complies with the standards of 22
review. 23
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
March 12, 2025
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2. Amending Subsection 21A.59.045.A as follows: 24
25
A. Design Review applications shall be reviewed for compliance with the design review standards of 26
Section 21A.59.050 as follows: 27
1. General Modification Requests: Applications to modify a design standard in Chapter 21A.37, 28
or other zoning standard specifically authorized for modification through design review, shall 29
be reviewed for compliance with all the design review standards, with the following 30
exceptions: that are directly related to the purpose of the associated regulation requested for 31
modification. 32
a. Subsection 21A.59.050.E is only applicable for modifications to a street facing façade 33
length regulation; 34
b. Subsection 21A.59.050.G is only applicable for additional building height; and 35
c. A standard in Section 21A.59.050 may be considered met when the proposal complies 36
with a corresponding design standard in Chapter 21A.37 and both standards align in 37
purpose and intent. 38
2. Additional Height or Square Footage Requests: Applications required to go through design 39
review due to a height or square footage regulation shall be reviewed for compliance with all 40
design review standards. 41
3. Transit Station Area Requests: For properties in a Transit Station Area District, applications 42
required to go through design review due to not meeting the minimum points for administrative 43
approval shall be reviewed for compliance with all design review standards. 44
4. All Other Requests: Any application not covered by Subsections 1 through 3 above, shall be 45
subject to review for compliance with all design review standards. 46
3. Amending section 21A.59.050 as follows: 47
48
21A.59.050 STANDARDS FOR DESIGN REVIEW 49
50
A. Any new development shall comply with the intent of the purpose statement of the zoning district 51
and specific design regulations found within the zoning district in which the project is located as 52
well as the city's adopted "urban design element" and adopted master general plan policies and 53
design guidelines governing the specific area of the proposed development. 54
55
B. Development shall be primarily oriented to the sidewalk, not an interior courtyard or parking lot. 56
by including: 57
1. Primary entrances shall that face the public sidewalk (secondary entrances can face a parking 58
lot).; 59
2. Building(s) shall be sited located close to the public sidewalk, following and responding to 60
the desired development patterns of the immediate vicinity neighborhood.; and 61
3. Parking shall be located within, behind, or to the side of buildings. 62
63
C. Building facades shall include detailing and glass in sufficient quantities to facilitate pedestrian 64
interest and interaction by including: . 65
1. Locate aActive ground floor uses at or near close to the public sidewalk.; 66
V1 3
2. Maximum ize transparency of the street facing facades. by prohibiting covering the g Ground 67
floor glass with shall not have reflective treatments, be covered by interior walls or opaque 68
signage, and or use other similar features that prevent passers-by from seeing inside of the 69
building for non-residential uses.; 70
3. Use or reinterpret tTraditional storefront elements like such as sign bands, clerestory glazing, 71
articulation, and architectural detail at window transitions on the ground floor. If the ground 72
floor contains residential uses, each primary building entrance and individual unit entrance 73
shall include a defined entry feature; 74
4. Buildings located on corner lots shall incorporate architectural features that emphasize the 75
building's corner, including a prominent building entrance that is publicly accessible, 76
transparent, and unobstructed; and 77
45. Locate o Outdoor dining patios, courtyards, plazas, habitable landscaped yards, and open 78
spaces, if provided, should be situated so that they have a direct visual connection to the 79
street or midblock walkway. and outdoor spaces. 80
81
D. Large b Building masses shall be divided into heights and sizes proportions that minimize the 82
perceived mass of the structure and relate to human scale by demonstrating compliance with the 83
following standards: . 84
1. Relate building scale and massing to the size and scale of existing and anticipated buildings 85
the surrounding buildings, and context of the site, such as alignments with existing 86
foundation lines, established cornice heights, building massing, stepbacks and vertical 87
emphasis; 88
2. Modulate the design of a larger building using a series of vertical or horizontal emphases to 89
equate with the scale (heights and widths) of the buildings in the context and reduce the 90
visual width or height. For buildings with more than three stories, compose the design of a 91
building with a distinct base to create a sense of human scale orientation. For buildings taller 92
than 50 feet, the height of the base shall be at least 20 feet. For buildings taller than 100 feet, 93
the minimum base height should be three stories or be consistent with the existing street wall; 94
3. Include secondary architectural elements such as balconies, porches, vertical bays, belt 95
courses, fenestration and or window reveals.; and 96
4. Reflect the scale and solid-to-void solid (wall) to void (window/door openings) ratio of 97
windows and doors of the established character of the neighborhood or that which is desired 98
in the master general plan. Windows shall have a consistent spacing pattern and alignment. 99
Unless the building is clad in all glass, window openings shall be recessed by a minimum of 3 100
inches. 101
102
E. Building facades that exceed a combined contiguous building length of two hundred feet (200') 103
shall include: 104
1. Changes in vertical plane (breaks in façade) 105
2. Material changes; 106
3. Massing changes; 107
4. A minimum of eighty percent (80%) of the ground floor must be used for active, publicly 108
accessible uses. Active uses are those that promote an active pedestrian environment through 109
inclusion of uses that capture the attention of a passer-by. This includes retail establishments, 110
retail services, civic spaces (theaters, museums, etc), restaurants, bars, art and craft studios, 111
V1 4
and other uses determined to be substantially similar by the planning director and/or 112
commission; and 113
5. Stepback must be a minimum of ten feet (10') from the base of the building. This allows the 114
base to be the primary defining element for the site and the adjacent public realm, reducing 115
wind impacts, and opening sky views. 116
The maximum height of the base of a proposed building should be equal to the width of the right 117
of way if allowed in the zoning district to provide sufficient enclosure for the street without 118
overwhelming the street. The minimum height of the base must be at least two stories. 119
A building over two hundred feet (200') in width shall include necessary separation from 120
property lines to minimize the impact of shadows and development rights of adjacent properties. 121
E. This subsection is only applicable to buildings requesting additional street facing building façade 122
length. Street facing building facades shall contribute to the character of the neighborhood, 123
reinforce the established street wall, promote ground-level activation, create a sense of enclosure, 124
and be designed to minimize negative impacts on the streetscape. The street facing building 125
façade may only be increased up to 25% of the allowed maximum in Section 21A.37.060, subject 126
to the following standards: 127
1. Reductions to the ground floor use requirement of the underlying zoning district, as specified 128
in Section 21A.37.060, are not permitted. For zoning districts without a designated ground 129
floor use requirement, a minimum of 75% of the ground floor shall contain qualifying active 130
uses as defined in Section 21A.37.050.A. 131
2. Building facades that exceed the maximum street facing façade length shall be designed to 132
reduce the perceived length of the façade and provide visual interest, by including elements 133
such as: 134
a. Significant changes in wall plane measuring at least 2 feet; 135
b. Massing changes; or 136
c. Distinguished roof lines. 137
138
3. The following land use are exempt from the maximum increase of 25% of building façade 139
and the reduction in ground floor use provision above: utility buildings and structures (other 140
than the offices for utility providers), stadiums/arenas, libraries, convention centers, places of 141
worship, government offices, public and private schools, universities, movie theaters, live 142
performance theaters, and other similar general assembly land uses as determined by the 143
zoning administrator. 144
F. If provided, privately-owned public publicly accessible outdoor spaces shall include at least three 145
of the six seven following elements: 146
1. At least one sitting space for each two hundred fifty (250) square feet shall be included in the 147
plaza. Seating shall be a minimum of sixteen inches (16") inches in height and thirty inches 148
(30") inches in width. Ledge benches shall have a minimum depth of 30 inches thirty inches 149
(30"); 150
2. A mixture of areas that provide seasonal shade Seasonal shade in the form of permanent 151
shade structures, pergolas, or overhanging building elements such as canopies that enhance 152
comfort and usability of the space; 153
3. Trees in proportion to the space at a minimum of one tree per eight hundred (800) square 154
feet. At the time of planting, deciduous trees shall have a minimum trunk size of 1.5 inches in 155
caliper, while evergreen trees shall have a minimum size of 5 feet in height at least two 156
inches (2") 2 inch caliper when planted; 157
V1 5
4. Water features or public art; 158
5. Outdoor dining areas; and 159
6. Children’s amenity space in the form of playgrounds, splash pads, or other similar features; or 160
6 7. Other amenities not listed above that provide a public benefit. 161
G. Building height shall be modified to relate to human scale and minimize negative impacts. In the 162
downtown and in the CSHBD Sugar House Business District, building height shall contribute to a 163
distinctive city skyline. 164
1. Human scale: 165
a. Utilize stepbacks to design a building that relates to the height and scale of adjacent and 166
nearby buildings, or where identified, goals for future scale defined in adopted master 167
plans. 168
b. The minimum stepback for any building located in a zoning district that does not contain 169
an upper level stepback provision shall be ten feet (10'). This stepback is only required 170
for applications requesting additional height when authorized in the underlying zoning 171
district. The stepback shall be applied to the first full floor of the building that is seeking 172
the request for additional height. 173
c. For buildings more than three stories or buildings with vertical mixed use, compose 174
the design of a building with distinct base, to reduce the sense of apparent height. 175
2. Negative impacts: All buildings seeking additional height as authorized in the underlying 176
zoning district shall be subject to the following standards: 177
a. Modulate taller buildings vertically and horizontally so that it steps up or down to its 178
neighbors. 179
b. Minimize shadow impacts of building height on the public realm and semi-public spaces 180
by varying building massing. Demonstrate impact from shadows due to building height 181
for the portions of the building that are subject to the request for additional height. 182
c. Modify tall buildings to minimize wind impacts on public and private spaces, such as the 183
inclusion of a wind break above the first level of the building. 184
d. Design and orient to prevent snow, ice, or water from falling directly onto a public 185
sidewalk, public space, neighboring property, or directly onto the walkway leading to the 186
building entrance. 187
3. Cornices and rooflines: 188
a. Cohesiveness: Shape and define rooflines to be cohesive with the building's overall form 189
and composition. The roofline and architectural detailing, including cornices, shall be 190
complimentary to the structure's scale, material, color, and form and create a change in 191
plane of at least six inches (6"), a change in material, utilizing at least one visible sloping 192
plan along a minimum of fifty percent (50%) of the roofline on building elevations facing 193
a street, or a change in material orientation to define the roof line of the building. 194
b. Green Roof and Roof Deck: Include a green roof and/or accessible roof deck to support a 195
more visually compelling roof landscape and reduce solar gain, air pollution, and the 196
amount of water entering the stormwater system. 197
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198
G. This subsection is only applicable to buildings requesting additional building height, as 199
authorized in the underlying zoning district. Building height shall be modified to relate to human 200
scale and minimize negative impacts by demonstrating compliance with the following standards: 201
1. Design tall buildings to minimize wind impacts on primary building entrances, parks and 202
open space, and public and private outdoor amenity areas. Design elements may include a 203
wind break above the first level of the building, recessed entryways or vestibules, or 204
canopies; 205
2. Design and orient buildings to prevent snow, ice, or water from falling directly onto a public 206
sidewalk, public space, neighboring property, or directly onto the walkway leading to the 207
building entrance; 208
3. Roof-top mechanical equipment shall be screened from public view; and 209
4. Buildings abutting a landmark site shall feature at least one horizontal element on the street 210
facing façade (base, belt course, frieze, cornice) that aligns with a corresponding element of 211
the historic building. The alignment shall foster visual continuity and respect the historic 212
context. 213
214
H. Parking and on site circulation shall be provided with an emphasis on making safe pedestrian 215
connections to the sidewalk, transit facilities, or midblock walkway. Parking is encouraged to be 216
behind the principal building and away from pedestrian walkways. Parking lots and structures 217
shall be setback a minimum of twenty-five 25 feet (25') from required midblock pedestrian access 218
locations or as required in the underlying zoning district if the underlying zoning requires a larger 219
setback. 220
I. Waste and recycling containers, mechanical equipment, storage areas, and loading facilities shall 221
be fully screened from public view and, for buildings with only one street-facing frontage, are 222
prohibited from being located along street-facing facades. They shall incorporate building 223
materials and detailing compatible with the building being served and shall be co-located with 224
driveways unless prohibited by the presence of a street tree, public infrastructure, or public 225
facility within the right of way. Service uses may be located within the structure. (See 226
Subsection 21A.37.050.K of this title.) 227
I. Screening of Service Areas: Service areas, loading facilities, refuse containers, utility meters, and 228
similar areas shall be fully screened from public view or located along a side yard. All screening 229
enclosures viewable from the street shall be either incorporated into the building architecture or 230
shall incorporate building materials and detailing compatible with the building being served. 231
J. Signage shall emphasize the pedestrian/mass transit orientation. 232
1. Define specific spaces for signage that are integral to building design, such as commercial 233
sign bands framed by a material change, columns for blade signs, or other clearly articulated band 234
on the face of the building. 235
2. Coordinate signage locations with appropriate lighting, awnings, and other projections. 236
3. Coordinate sign location with landscaping to avoid conflicts. 237
K J. Site and building Llighting shall support pedestrian comfort and safety, neighborhood image, 238
and dark sky goals. 239
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1. Provide street lights as indicated in the Salt Lake City Lighting Master Plan. 240
2. Outdoor lighting should be designed for low-level illumination and to minimize glare and light 241
trespass onto adjacent abutting properties and uplighting directly to the sky. 242
3 2. Coordinate lighting with architecture, signage, and pedestrian circulation to accentuate 243
significant building features, improve sign legibility, and support pedestrian comfort and 244
safety. 245
L K. Streetscape improvements shall be provided as follows: 246
1. One street tree chosen from the street tree list consistent with the city's urban forestry 247
guidelines and, with the approval of the city's urban forester, shall be placed for every thirty feet 248
(30') of property frontage on a street. Existing street trees removed as the result of a development 249
project shall be replaced by the developer with trees approved by the city's urban forester. 250
2 1. Hardscape (paving material) Impervious surfaces shall be utilized to differentiate privately-251
owned public spaces from public spaces. Hardscape for All paving for public sidewalks shall 252
follow applicable design standards. Permitted materials for privately-owned public spaces shall 253
meet the following standards: 254
a. Use materials that are durable (withstand wear, pressure, damage), require a minimum of 255
maintenance, and are easily repairable or replaceable should damage or defacement 256
occur. 257
b. Where practical, as in lower-traffic areas, use materials that allow rainwater to infiltrate 258
into the ground and recharge the water table. 259
c. Limit contribution to urban heat island effect by limiting use of dark materials and 260
incorporating materials with a high Solar-Reflective Index (SRI). 261
d. Utilize materials and designs that have an identifiable relationship to the character of the 262
site, the neighborhood, or Salt Lake City. 263
e. Use materials (like textured ground surfaces) and features (like ramps and seating at key 264
resting points) to support access and comfort for people of all abilities. 265
f. Asphalt shall be limited to vehicle drive aisles. 266
267
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PROJECT CHRONOLOGY
Petition: PLNPCM2024-00294
November 18, 2023 The Salt Lake City Planning Commission initiated a petition to
make amendments to Chapter 21A.59 Design Review
March 14, 2024 The petition was assigned to Amanda Roman, Urban Designer.
March 27, 2024 Staff held a briefing with the Planning Commission.
June 26, 2024 A second briefing was held with the Planning Commission.
July 2, 2024 45-day public comment period was held between July 2, 2024 and
August 19, 2024. The Recognized Community Organization notice
was sent to all registered community organizations.
July 5, 2024 Initial information posted to the city’s online open house webpage.
July 18, 2024 Staff presented the proposal to the Liberty Wells Community
Council.
July 20, 2024 Staff provide a write-up regarding the proposal for the Greater
Avenues Community Council’s August 2024 newsletter.
August 8, 2024 Staff presented the proposal to the East Liberty Park Community
Council.
August 15, 2024 Public hearing notice was posted to city and state websites.
August 16, 2024 A notice of the hearing was posted at the SLC Main Library, the
Chapman Branch in Poplar Grove, and the Sprague Branch in
Sugar House.
August 22, 2024 Staff report for Planning Commission hearing posted to Planning’s
website.
August 28, 2024 The Planning Commission held a public hearing and voted 7:0 to
forward a positive recommendation to the City Council.
September 11, 2024 The Planning Commission minutes from the August 28, 2024
public hearing were approved.
October 23, 2024 Final ordinance requested from Attorney’s Office.
March 12, 2025 Final ordinance received from the Attorney’s Office.
May 6, 2025 Transmitted to CAN Administration.
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NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2024-00294 Text Amendment to Chapter
21A.59 of the Salt Lake City Zoning Ordinance. The Planning Commission initiated a petition for a Text
Amendment at the November 8, 2023, Planning Commission meeting that would make changes to
Chapter 21A.59 Design Review of city code. The purpose of the amendment is to clarify when each
section applies to a project, ensure the code language clearly communicates the intent of the standard, and
delete duplicative standards from the chapter. Additionally, the proposal introduces new design standards
to further the purpose of the design review process.
As part of their study, the City Council is holding an advertised public hearing to receive comments
regarding the petition. During the hearing, anyone desiring to address the City Council concerning this
issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same
night of the public hearing.
DATE: TBD
TIME:
PLACE: Electronic and in-person options.
451 South State Street, Roon 326, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing an in-person
opportunity to attend or participate in the hearing at the City and County Building, located
at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including
Zoom connection information, please visit www.slc.gov/council/virtual-meetings.
Comments may also be provided by calling the 24-hour comment line at (801) 535-7654 or
sending an email to council.comments@slc.gov. All comments received through any source
are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call Amanda
Roman at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-
mail at amanda.roman@slc.gov. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number
PLNPCM2024-00294.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and
services. Please make requests at least two business days in advance. To make a request, please contact
the City Council Office at council.comments@slc.gov, 801-535-7600, or relay service 711.
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PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
Staff Report
To: Salt Lake City Planning Commission
From: Amanda Roman, Urban Designer
801-535-7660 or Amanda.Roman@slcgov.com
Date: August 28, 2024
Re: Text Amendment to Chapter 21A.59 Design Review – PLNPCM2024-00294
Text Amendment
PROPERTY ADDRESS: Citywide
ADOPTED CITY PLANS: Plan Salt Lake, The Urban Design Element
REQUEST
This is a petition initiated by the Planning Commission on November 8, 2023, for a text amendment that
would make changes to Chapter 21A.59 Design Review. The purpose of the amendment is to clarify when
each section applies to a project, ensure the code language clearly communicates the intent of the
standard, and delete duplicative standards from the chapter. Additionally, the proposal introduces new
design standards to further the purpose of the design review process, ensuring high quality design
outcomes and making the review process more effective and straightforward. The overall goal is to support
better project outcomes and facilitate a clearer application of design standards.
RECOMMENDATION
That the Planning Commission recommends the City Council adopt the proposed ordinance.
ATTACHMENTS
ATTACHMENT A: Proposed Ordinance
ATTACHMENT B: Planning Commission Minutes Initiating the Petition
ATTACHMENT C: Analysis of Standards – Standards for General Amendments
ATTACHMENT D: Public Process & Comments
ATTACHMENT E: Department Review Comments
PLNPCM2024-00294 1 August 28, 2024
PROJECT DESCRIPTION
The purpose of the Design Review process is to allow for minor modifications to applicable design
standards and ensure high quality outcomes for larger developments that have a significant impact on the
city. This review process verifies that new developments are compatible with their surroundings, impacts
to public infrastructure and public spaces are addressed, and that new development supports the goals
and initiatives outlined in adopted city plans.
The proposed amendments to the Design Review standards are driven by the overarching goal of
designing our communities to be human-centered, walkable, and adaptable. The amendment also aims to
improve clarity and consistency within the City’s review process. Providing clear guidance to applicants
and establishing a consistent review framework for our planning staff, we seek to foster better-designed
developments that positively contribute to the urban fabric of Salt Lake City.
During the Planning Division’s internal review, Staff analyzed the intent of each standard and reviewed
prior approvals to see how these standards had been applied in an effort to determine how effective the
current code language is at creating the desired outcome. Staff also considered the general comments
received from the public and Planning Commission over the years. As the city continues to develop, and
land becomes less available, it is more imperative than ever to review each proposal for long-term
compatibility and integration into the existing urban fabric. This includes evaluating how new
developments contribute to the overall quality of the built environment, support the city's growth
sustainably, and enhance the livability of neighborhoods. The aim is to ensure that new projects not only
meet immediate needs but also contribute positively to the city’s long-term vision and resilience. In
addition to meeting the aforementioned goals, the City must balance the cost of implementing design
standards so the standards do not become a barrier to affordable and accessible development.
PROJECT BACKGROUND
The initial request for amending Chapter 21A.59 Design Review, initiated by the Planning Commission on
November 8, 2023, focused on removing Standard 21A.59.050.D.2. that required modulation of larger
buildings using vertical or horizontal emphases to match the scale of surrounding buildings, aiming to
reduce the visual impact of height and width. The consensus was that this standard often led to over
articulated designs that did not consistently produce high quality outcomes. In addition, the Commission
included in the initiation some flexibility to review other standards for the purpose of clarifying the
applicability of the standards of review.
Planning provided briefings on the proposed changes to the Planning Commission on March 27 and June
26, 2024. During the March briefing the Planning Commission was provided with an overview of the
purpose behind the proposed amendment, shown examples of buildings that were approved through the
design review process, and asked to provide feedback on the proposed language.
Based on Commission feedback, Planning staff made modifications to the code and returned in June for
a second briefing. The June briefing focused on the three subsections with the most substantial changes:
building massing and projects seeking additional building length or additional building height. The
application of these three sections of code has the most influence on how a building is designed for human
scale and street level activation and provides parameters that ultimately shape the development pattern
of the city.
PLNPCM2024-00294 2 August 28, 2024
The 45-day public engagement process began after the second briefing. During this time staff met with
two community councils and provided additional information to the recognized organizations who
responded to the engagement notice.
APPROVAL PROCESS AND COMMISSION AUTHORITY
Zoning Text Amendments
Zoning text amendments proposals are reviewed against a set of considerations from the Zoning
Ordinance. The considerations are listed in Attachment C. Planning Staff is required by ordinance to
analyze proposed zoning map amendments against existing adopted City policies and other related
adopted City regulations. The decision to adopt the proposed text amendment is ultimately up to the
discretion of the City Council.
KEY CONSIDERATIONS
The below considerations were identified through the analysis of the proposal and the zoning amendment
standards:
1. Proposed Ordinance Changes
2. How the Proposal Helps Implement City Goals & Policies Identified in Adopted Plans
Consideration 1: Proposed Ordinance Changes
The proposed ordinance would amend Chapter 21A.59 Design Review. The three sections being amended
include: Design Review Process, Design Review Standards Applicability, and the Standards for Design
Review. In addition to clarifying the language and removing duplicative standards, the proposal includes
new standards that will apply to all projects that require design review approval. The complete ordinance
can be reviewed in Attachment A and a summary of the changes within each section is provided below.
Design Review Process (21A.59.030) – Streetscape Study submittal requirement
A new submittal requirement has been added that requires a streetscape study to illustrate how a proposed
building integrates with the existing block face. Buildings on corner lots must provide a study of both block
faces. The study must include building height, the height of the ground floor or building base, street facing
façade length, front yard setbacks, and the location of vehicular entrances of all existing buildings. The
new requirement will be used to compare a proposal with the prevailing pattern of development in the
neighborhood where it’s located. This will help ensure it’s responsive to the context of its specific location.
Design Review Standards Applicability (21A.59.045.A)
This section clarifies that each Standard of Design Review in 21A.59.050 applies to all projects seeking
design review approval, with the exceptions of Subsections E and G.
Subsection E is only applicable when a building exceeds the street facing façade length allowed by
underlying zoning district, and Subsection G is only applicable for buildings seeking additional height.
Additionally, proposals that comply with a design standard in Chapter 21A.37 (Design Standards), where
the purpose and intent align with a standard in Section 21A.59.050 (Standards of Design Review), will be
considered compliant with the corresponding design review standard. For example, if a project meets the
PLNPCM2024-00294 3 August 28, 2024
ground floor use, glazing, building entrances, and blank wall requirements in Chapter 21A.37, it is
reasonable to agree that Subsection C (pedestrian interest) of the design review standards has also been
met.
Standards for Design Review (21A.59.050)
The proposal modifies the existing design review standards by deleting repetitive standards regulated
elsewhere in the zoning ordinance and clarifying existing language to ensure the standards are applied
and reviewed in a consistent manner.
The four sections with the most modifications are detailed below. These include standards related to
pedestrian interest, building massing, street facing façade length, and building height. The remaining
sections, B, F, H, I, J and K, were revised for clarity, but the standards were not significantly modified.
Subsection C: Pedestrian Interest
Staff is proposing minor changes for clarity and to address the overall intent of the section, which is to
increase ground floor pedestrian interest and street activation.
•Active ground floor uses shall be located near public sidewalks.
•Street facing facades shall provide maximum transparency, and ground floor windows cannot be
covered by interior walls, opaque signage, or other features that block people from seeing inside
the building.
•Buildings with commercial uses shall be designed with traditional storefront elements, while
buildings with residential uses on the ground floor must include a unit entrance with a defined
entry feature.
•Corner Lot Activation: For buildings on corner lots, a publicly accessible, transparent, and
unobstructed corner entrance must be included. This feature enhances connectivity between
intersecting streets and encourages street activation. Corner entrances serve as focal points,
visually segmenting the building and reducing the perception of its overall length.
•When provided, outdoor uses should be located near the sidewalk or a midblock walkway.
Subsection D: Building Massing
As requested by the Planning Commission, staff has deleted standard 21A.59.050.D.2:
“Modulate the design of a larger building using a series of vertical or horizontal emphases to
equate with the scale (heights and widths) of the buildings in the context and reduce the visual
width or height.”
This standard was intended to ensure large buildings don’t overwhelm their surroundings by using design
elements, such as vertical columns or horizontal banding, to reduce the perceived height or width. The
Planning Commission came to the consensus that the application of this standard, in addition to use of a
variety of materials, has resulted in the over articulation of building facades and does not produce high
quality design.
PLNPCM2024-00294 4 August 28, 2024
Standards located in other sections relating to building mass, scale, and secondary design features have
been relocated to this section and the general language has been modified for clarity. The intent of these
standards is to reduce the perceived mass and bulk of buildings by using human-scale proportions and
fenestration patterns and utilizing secondary architectural elements that are contextual and compatible
with existing development pattern.
•Building Scale and Massing: Building scale and massing must relate to existing buildings by
aligning design elements such as foundation lines, cornices, and general massing. Buildings taller
than three stories shall include a distinct base.
•Secondary Architectural Elements: Buildings shall include secondary architectural elements, such
as balconies, porches, belt courses, and window reveals.
•Fenestration Patterns: Fenestration should align with the established pattern of the neighborhood
and emphasize human-scale proportions. A newly proposed standard requires that unless a
building is fully clad in glass, window openings must be recessed by three inches. The purpose of
this standard is to add depth and dimensionality to large facades.
The 3-inch reveal requirement was initially adopted for new construction in local historic districts.
While it enhances aesthetic quality by adding shadow lines to a flat facade, it is important to note
that this standard could increase construction costs, potentially leading to higher purchase or
rental rates. Given that providing affordable housing is a top priority for Salt Lake City, this aspect
must be carefully considered. As specified in the proposal, all glass buildings cannot meet this
requirement based on construction type and lack of solid-to-void patterns.
If this prescriptive requirement is not supported, staff would like the Planning Commission to
consider if this standard has been addressed through other design review standards that break up
large, flat building expanses. The goal is to find a balance that maintains high quality design while
also supporting affordability in the city’s housing market.
Subsection E: Street Facing Façade Length
These standards apply to buildings that exceed the street facing façade length specified in Section
21A.37.060 (this code section dictates the maximum façade length for new buildings in each zoning
district). The main updates include establishing a maximum façade length for all buildings regardless of
zoning district and prohibiting reductions to the required amount of active ground floor uses for buildings
approved for additional length. The goal of the new standards is to maintain pedestrian-oriented design,
which is often sacrificed when building facades are too long and when active ground floor uses are
eliminated. Additional design standards have also been included to break up long facades, make buildings
appear smaller through proportional massing, and ensure transparency and engagement at the ground
level. Projects seeking additional building length will be required to meet the active ground floor use
requirement and demonstrate compliance with the visual interest standards within Subsection E.
•Maximum Façade Length: The proposed amendment allows up to a 25% increase of the prescribed
maximum building length in Section 21A.37.060. Previously, if a project obtained design review
approval, there was no limit to building length. By establishing a maximum, this standard ensures
that buildings do not become excessively long, which can dominate the streetscape, and reduce
connectivity and pedestrian comfort. Most zones currently allow for building lengths of 150 or 200
feet by right, so this change allows for more length but not in an unlimited manner. Staff is
PLNPCM2024-00294 5 August 28, 2024
proposing this limit based on a review of past design review approvals, best practices in urban
design, and feedback from the public and Planning Commission regarding the impacts of long
buildings on the streetscape.
Known for its exceptionally wide streets (132 feet) and large blocks (660 feet), Salt Lake City faces
challenges related to pedestrian comfort, walkability, and connectivity due to long block faces. If
the base zone allows 200 feet, or up to 250 feet with design review approval, the building will still
cover over one-third of a 660-foot-long block face. Limiting building length is intended to create a
more fine-grained urban fabric and a pedestrian friendly environment by both visually and
physically breaking up the city’s large blocks. Staff acknowledges that this new regulation will
prompt developers to reexamine their typical building designs but believes that the proposed
changes will positively influence the city’s urban form and contribute to a more vibrant and
accessible streetscape.
•Active Ground Floor Uses: For buildings exceeding the maximum street facing façade length, the
ground floor use requirements in Chapter 21A.37 cannot be reduced via the design review process.
In zones without a ground floor use requirement, at least 75% of the ground floor must include
active uses as defined in Chapter 21A.37.050. This standard ensures that long buildings prioritize
and contribute to street activity, rather than using the extra building length for parking, utilities,
or private amenity space.
•Visual Interest: The other standards within Subsection E require buildings to provide meaningful
breaks in the façade, massing changes or a distinguished roofline. Changes in plane and massing
create a sense of depth and help mitigate the perception of length and varied roof lines add visual
interest to the building’s silhouette.
•Specific Land Use Exemptions: Staff is recommending exempting specific land uses from having
to adhere to the maximum street facing façade length and ground floor use requirements due to
their unique building forms. The exempt uses are as follows: utility buildings and structures (other
than the offices for utility providers), stadiums/arenas, libraries, convention centers, places of
worship, government offices, public and private schools, universities, movie theaters, live
performance theaters, and other similar general assembly land uses as determined by the zoning
administrator.
Convention centers & schools are examples of exempt land uses
PLNPCM2024-00294 6 August 28, 2024
While design standards and review processes are crucial for ensuring compatible development,
these specialized land uses require flexibility in design to fulfill their specific functions effectively.
Thus, exempting them from certain design guidelines allows for the creation of spaces that best
serve their intended purposes.
Subsection G: Additional Building Height
Subsection G addresses the standards for projects seeking additional building height as authorized in the
underlying zoning district. This section originally covered aspects related to human scale, negative
impacts, cornices, and rooflines. Staff are proposing to remove redundant and subjective standards and
have added a standard for buildings abutting Landmark Sites.
Proposed Deletions:
•Stepbacks: The standards related to building stepbacks are proposed for deletion because
stepbacks are already regulated under Chapter 21A.37 Design Standards.
•Cornices and Rooflines: Standards concerning cornices and rooflines are also proposed for
removal, as they were very prescriptive and have proven difficult to administer. The cornice
standard has not successfully ensured that rooflines integrate cohesively with the building's overall
form and composition and while staff fully supports the utilization of green infrastructure,
requiring green roofs is not achievable on every building.
•Building Modulation: This standard is proposed for deletion because it may limit development
rights if a building must be stepped up or down from a shorter structure on a neighboring property.
•Shadow Study: The requirement for a shadow study for buildings seeking additional height is
proposed for deletion. Given the evolving impacts of climate change, shaded outdoor spaces are
increasingly seen as beneficial, which may outweigh concerns about shadow impacts.
Updated Standards:
•The requirement for buildings over three stories to have a distinct base has been relocated to
Subsection D, which focuses on massing.
•A new standard is proposed requiring buildings adjacent to a Landmark Site to include a horizontal
element that aligns with a corresponding element of the historic building.
Subsections B, F, H, I, J and K
The remaining standards have been slightly modified for clarity. These sections include standards on
building orientation, publicly accessible spaces, parking, screening of service areas, lighting, and
streetscape improvements. The clarifications will aid staff with the administration of these sections and
reduce redundancy when standards are required elsewhere in the ordinance. Applicants must provide
staff with plans detailed enough to demonstrate compliance, although a final review may still be required
during the building permit process.
PLNPCM2024-00294 7 August 28, 2024
Consideration 2: How the Proposal Helps Implement City Goals & Policies Identified in
Adopted Plans
Plan Salt Lake Elements and Considerations
Plan Salt Lake (2015) outlines an overall vision of sustainable growth and development in the city. As the
city experiences additional growth, decision makers are focusing on placemaking, connectivity and
circulation, providing a diverse mix of uses, compatibility of new developments, maximizing public
investments, and green building. The plan includes 13 guiding principles to help Salt Lake City realize its
collective vision.
Guiding Principles outlined in Plan Salt Lake that would relate to the proposal include the following:
1)Neighborhoods / Neighborhoods that provide a safe environment, opportunities for social
interaction, and services needed for the wellbeing of the community therein.
•Maintain neighborhood stability and character.
•Support neighborhoods and districts in carrying out the City’s collective vision.
•Create a safe and convenient place for people to carry out their daily lives.
•Promote accessible neighborhood services and amenities.
•Encourage and support local businesses and neighborhood business districts.
•Provide opportunities for and promotion of social interaction.
•Improve the usefulness of public rights-of-way as usable public space.
2)Growth / Growing responsibly, while providing people with choices about where they live, how
they live, and how they get around.
•Locate new development in areas with existing infrastructure and amenities, such as transit
and transportation corridors.
•Encourage a mix of land uses.
•Promote infill and redevelopment of underutilized land.
•Reduce consumption of natural resources, including water.
•Accommodate and promote an increase in the City’s population.
•Provide access to opportunities for a healthy lifestyle (including parks, trails, recreation, and
healthy food).
3)Housing / Access to a wide variety of housing types for all income levels throughout the city,
providing the basic human need for safety and responding to changing demographics.
•Ensure access to affordable housing citywide (including rental and very low incomes).
•Increase the number of medium density housing types and options.
•Encourage housing options that accommodate aging in place.
•Direct new growth toward areas with existing infrastructure and services that have the potential
to be people-oriented.
PLNPCM2024-00294 8 August 28, 2024
•Enable moderate density increases within existing neighborhoods where appropriate.
•Promote high density residential in areas served by transit.
8)Beautiful City/ A beautiful city that is people focused.
•Reinforce downtown as the visually dominant center of the City through the use of design
standards and guidelines.
•Identify and establish standards for key gateways into the City.
•Support and encourage architecture, development, and infrastructure that:
o Is people-focused;
o Responds to its surrounding context and enhances the public realm;
o Reflects our diverse cultural, ethnic, and religious heritage; and
o Is sustainable, using high quality materials and building standards.
•Promote and expand the City’s street lighting program throughout the City.
•Reinforce and preserve neighborhood and district character and a strong sense of place.
•Promote increased connectivity through mid-block connections.
•Protect, maintain, and expand the City’s urban forest, including the provision of adequate space
and infrastructure for street trees to thrive.
•Create opportunities to connect with nature in urban areas.
•Reinforce the development of a connected green network of urban open spaces and forest that
accommodates active transportation and provides contact with nature.
Urban Design Element (1990)
The City’s adopted Urban Design Element is outdated in terms of regulating land uses, specifically in the
Downtown area, but the overall policy concepts still hold true and can be applied to new development
nearly 25 years later. The plan emphasizes the role of all development in establishing the city’s urban form
and outlines certain urban design characteristics that help shape the character of each district or
neighborhood. The policy concepts below are in line with the proposed update to the design review
standards in 21A.59.050.
Desirable Development Characteristics
•Establish a maximum building width, with no building exceeding 250 feet in the commercial core
and 200 feet in other areas of the city.
•Establish the maximum building height at 198 feet, with increased height allowances when a
developer can effectively address a districts development character.
•Develop a pedestrian network in the Downtown area using existing sidewalks and interior block
easements to tie into an urban open space network.
•All mechanical and building equipment, including on the roof-top, should be enclosed and
screened so as to appear to be an integral part of the architectural design of the building.
PLNPCM2024-00294 9 August 28, 2024
Neighborhood Conservation
•Allow individual districts to develop in response to their unique characteristics within the overall
urban design scheme for the city.
•Strive to make building restoration and new construction enhance district character, not detract
from it.
•Ensure that land uses make a positive contribution to neighborhood improvement and usability.
•Require private development efforts to be compatible with urban design policies of the city
regardless of whether city financial assistance is provided.
Height, Scale, and Character of Buildings
•Treat building height, scale, and character as significant features of a district’s image.
•Ensure that features of building design such as color, detail, materials and scale are responsive to
district character, neighboring buildings, and the pedestrian.
•Maintain a pedestrian-oriented environment at the ground floor of all buildings.
•Address parking needs at a district level rather than on an individual building basis.
Urban Open Space & Streets
•Require all new developments (public and private) to contribute to the City’s open space needs.
•Decline to vacate streets, alleys, and other public right-of-way unless it is demonstrated that the
vacation will result in a public benefit.
•Use street spaces, patterns, and rhythms to unify the image of the district.
•Stress the importance of street tree conservation and replanting in street right-of-way
construction.
•Emphasize street-level activity as the first priority when developing pedestrian-oriented open
space and circulation networks.
Urban Spaces & Pedestrian Experience
•Encourage private development of open space features.
•Emphasize street-level open space first, inner block pedestrian networks second.
Consideration 2 Discussion: The proposed changes to the Design Review standards align with Plan
Salt Lake’s goals by enhancing compatibility, quality, and pedestrian-oriented design features in new
developments. These amendments ensure that projects integrate with their surroundings and support the
creation of walkable, human-centered communities. By improving the clarity and consistency of the
review process, the changes support the city’s objectives of providing diverse housing options, vibrant
neighborhoods with small scale retail options, and sustainable growth. The amendments also align with
the Urban Design Element policies by regulating building length, height, and scale, which contribute to a
neighborhood’s overall character and imageability. They promote consistency in design, respect for
neighborhood character, and enhance ground level activation. By evaluating how new projects contribute
to long-term urban fabric, enhance livability, and meet both immediate and future needs, the changes
seek to uphold Plan Salt Lake's principles of responsible growth, neighborhood stability, and a beautiful,
people-focused city.
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DISCUSSION
In response to the concerns about achieving higher quality design and the need to address the City’s rapid
growth and development pressures, Planning staff completed a comprehensive review of the design review
standards in Section 21A.59.050. This review assessed how these standards were applied, their
effectiveness in fulfilling the intent of the design review process, and their alignment with the broader
goals of livability and quality design amid increasing development.
Following the initial review, staff held two briefings with the Planning Commission to gather feedback and
refine the proposal. The proposal removes redundant standards, clarifies existing language, and
introduces new standards that better support the design review objectives. While most sections have
undergone minimal changes, larger updates have been made to the standards related to massing, building
length, and building height. These updates aim to enhance development outcomes by supporting the city's
growth, fostering a more engaging and active pedestrian experience, and increasing overall livability.
NEXT STEPS
The Planning Commission can provide a positive or negative recommendation for the proposed zoning
text amendment. The recommendation will be sent to the City Council, who will hold a briefing and
additional public hearing on the proposed amendment prior to making a decision on whether to adopt the
zoning text amendment.
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Project Title: Text Amendment to Chapter 21A.59 Design
Review
Petition No.: PLNPCM2024-00294
Version: Planning Commission Draft
Date Prepared: August 20, 2024
Recommended by Planning Commission: [Yes/No]
This proposed ordinance makes the following amendments (for summary purposes only):
•Amends sections 21A.59.030, 21A.59.045, and 21A.59.050
•Makes technical changes
•Deletes standards regulated elsewhere in code
•Adds Design Review submittal requirements
•Reorganizes the standards and clarifies when each subsection is applicable
•Adds new standards for design review to better meet the intent of the design review process
Underlined text is new; text with strikethrough is proposed to be deleted. All other text is existing with no
proposed change.
1
Section 1: Amending section 21A.59.030: 2
3
21A.59.030 DESIGN REVIEW PROCESS 4
B.Complete Application: The design review application is considered complete when it includes all5
of the following:6
1.All of the application information required for site plan review as identified in Chapter7
21A.58 of this title.8
2. Photos showing the facades of adjacent abutting development, trees on the site, general9
streetscape character, and views to and from the site.10
3.Streetscape study that illustrates how the building integrates with the block face. The study11
shall include the building height, height of the ground floor or building base, street facing12
façade length, front yard setback, and location of vehicular entrances of existing buildings. If13
the proposed building is located on a corner lot, the analysis shall incorporate both block14
faces.15
3 4. Demonstration of compliance with the purpose of the individual zoning district in written 16
narrative and graphic images. 17
4 5. Demonstration of compliance with the purpose of the applicable design standards of the 18
individual zoning district in written narrative, graphic images, and relevant calculations. 19
5 6. Demonstration of compliance with the applicable design review objectives (Section 20
21A.59.060 of this chapter) in written narrative, graphics, images, and relevant calculations. 21
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
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6 7. The zoning administrator may waive a submittal requirement if it is not necessary in order to 22
determine if a request for a modification to a design standard complies with the standards of 23
review. 24
Section 2: Amending section 21A.59.045.A: 25
26
21A.59.045.A DESIGN REVIEW STANDARDS APPLICABILITY 27
A.Design Review applications shall be reviewed for compliance with the design review standards of28
Section 21A.59.050 as follows:29
1. General Modification Requests: Applications to modify a design standard in Chapter 21A.37,30
or other zoning standard specifically authorized for modification through design review, shall31
be reviewed for compliance with all the design review standards, with the following32
exceptions: that are directly related to the purpose of the associated regulation requested for33
modification.34
a.Subsection E is only applicable for modifications to a street facing façade length35
regulation; 36
b. Subsection G is only applicable for additional building height; and37
c.A standard in Section 21A.59.050 may be considered met when the proposal complies38
with a corresponding design standard in Chapter 21A.37 and both standards align in 39
purpose and intent. 40
2. Additional Height or Square Footage Requests: Applications required to go through design41
review due to a height or square footage regulation shall be reviewed for compliance with all42
design review standards.43
3. Transit Station Area Requests: For properties in a Transit Station Area District, applications44
required to go through design review due to not meeting the minimum points for administrative45
approval shall be reviewed for compliance with all design review standards.46
4. All Other Requests: Any application not covered by Subsections 1 through 3 above, shall be47
subject to review for compliance with all design review standards.48
Section 3: Amending section 21A.59.050: 49
50
21A.59.050 STANDARDS FOR DESIGN REVIEW 51
A.Any new development shall comply with the intent of the purpose statement of the zoning district52
and specific design regulations found within the zoning district in which the project is located as53
well as the city's adopted "urban design element" and adopted master general plan policies and54
design guidelines governing the specific area of the proposed development.55
56
B.Development shall be primarily oriented to the sidewalk, not an interior courtyard or parking lot.57
by including:58
1.Primary entrances shall that face the public sidewalk (secondary entrances can face a parking59
lot);60
2.Building(s) shall be sited located close to the public sidewalk, following and responding to61
the desired development patterns of the immediate vicinity neighborhood; and62
3.Parking shall be located within, behind, or to the side of buildings.63
64
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C.Building facades shall include detailing and glass in sufficient quantities to facilitate pedestrian 65
interest and interaction by including: .66
1.Locate aActive ground floor uses at or near close to the public sidewalk;67
2.Maximum ize transparency of the street facing facades. by prohibiting covering the g Ground68
floor glass with shall not have reflective treatments, be covered by interior walls or opaque69
signage, and or use other similar features that prevent passers-by from seeing inside of the70
building for non-residential uses;71
3.Use or reinterpret tTraditional storefront elements like such as sign bands, clerestory glazing,72
articulation, and architectural detail at window transitions on the ground floor. If the ground73
floor contains residential uses, each primary building entrance and individual unit entrance74
shall include a defined entry feature;75
4.Buildings located on corner lots shall incorporate architectural features that emphasize the76
building's corner, including a prominent building entrance that is publicly accessible,77
transparent, and unobstructed; and78
5.Locate o Outdoor dining patios, courtyards, plazas, habitable landscaped yards, and open79
spaces, if provided, should be situated so that they have a direct visual connection to the80
street or midblock walkway. and outdoor spaces.81
82
D.Large b Building masses shall be divided into heights and sizes proportions that minimize the83
perceived mass of the structure and relate to human scale by demonstrating compliance with the84
following standards: . 85
1.Relate building scale and massing to the size and scale of existing and anticipated buildings86
the surrounding buildings, and context of the site, such as alignments with existing foundation87
lines, established cornice heights, building massing, stepbacks and vertical emphasis;88
2.Modulate the design of a larger building using a series of vertical or horizontal emphases to89
equate with the scale (heights and widths) of the buildings in the context and reduce the visual90
width or height. For buildings with more than three stories, compose the design of a building91
with a distinct base to create a sense of human scale orientation. For buildings taller than 50 feet,92
the height of the base shall be at least 20 feet. For buildings taller than 100 feet, the minimum 93
base height should be three stories or be consistent with the existing street wall; 94
3. Include secondary architectural elements such as balconies, porches, vertical bays, belt95
courses, fenestration and window reveals; and96
4.Reflect the scale and solid-to-void solid (wall) to void (window/door openings) ratio of97
windows and doors of the established character of the neighborhood or that which is desired in98
the master general plan. Windows shall have a consistent spacing pattern and alignment. Unless99
the building is clad in all glass, window openings shall be recessed by a minimum of 3 inches to100
add depth and dimensionality to the building façade. 101
102
E.Building facades that exceed a combined contiguous building length of two hundred feet (200')103
shall include:104
1.Changes in vertical plane (breaks in façade)105
2.Material changes;106
3.Massing changes;107
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4. A minimum of eighty percent (80%) of the ground floor must be used for active, publicly108
accessible uses. Active uses are those that promote an active pedestrian environment through109
inclusion of uses that capture the attention of a passer-by. This includes retail establishments,110
retail services, civic spaces (theaters, museums, etc), restaurants, bars, art and craft studios, and111
other uses determined to be substantially similar by the planning director and/or commission; and112
5. Stepback must be a minimum of ten feet (10') from the base of the building. This allows the113
base to be the primary defining element for the site and the adjacent public realm, reducing wind114
impacts, and opening sky views.115
The maximum height of the base of a proposed building should be equal to the width of the right 116
of way if allowed in the zoning district to provide sufficient enclosure for the street without 117
overwhelming the street. The minimum height of the base must be at least two stories. 118
A building over two hundred feet (200') in width shall include necessary separation from 119
property lines to minimize the impact of shadows and development rights of adjacent properties. 120
E.This subsection is only applicable to buildings requesting additional street facing building façade121
length. Street facing building facades shall contribute to the character of the neighborhood,122
reinforce the established street wall, promote ground-level activation, create a sense of enclosure,123
and be designed to minimize negative impacts on the streetscape. The street facing building124
façade may only be increased up to 25% of the allowed maximum in Section 21A.37.060, subject125
to the following standards: 126
1. Reductions to the ground floor use requirement of the underlying zoning district, as specified127
in Section 21A.37.060, are not permitted. For zoning districts without a designated ground 128
floor use requirement, a minimum of 75% of the ground floor shall contain qualifying active 129
uses as defined in Section 21A.37.050.A. 130
2.Building facades that exceed the maximum street facing façade length shall be designed to131
reduce the perceived length of the façade and provide visual interest, by including elements132
such as:133
a.Significant changes in wall plane measuring at least 2 feet;134
b.Massing changes; or135
c.Distinguished roof lines.136
137
3.The following land use are exempt from the maximum increase of 25% of building façade138
and the reduction in ground floor use provision above: utility buildings and structures (other 139
than the offices for utility providers), stadiums/arenas, libraries, convention centers, places of 140
worship, government offices, public and private schools, universities, movie theaters, live 141
performance theaters, and other similar general assembly land uses as determined by the 142
zoning administrator. 143
F.If provided, privately-owned public publicly accessible outdoor spaces shall include at least three144
of the six following elements:145
1.At least one sitting space for each two hundred fifty (250) square feet shall be included in the146
plaza. Seating shall be a minimum of sixteen inches (16") inches in height and thirty inches147
(30") inches in width. Ledge benches shall have a minimum depth of 30 inches thirty inches148
(30");149
2.A mixture of areas that provide seasonal shade Seasonal shade in the form of permanent150
shade structures, pergolas, or overhanging building elements such as canopies that enhance151
comfort and usability of the space;152
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V3
3. Trees in proportion to the space at a minimum of one tree per eight hundred (800) square 153
feet. At the time of planting, deciduous trees shall have a minimum trunk size of 1.5 inches in 154
caliper, while evergreen trees shall have a minimum size of 5 feet in height; at least two 155
inches (2") 2 inch caliper when planted; 156
4. Water features or public art; 157
5. Outdoor dining areas; and 158
6. Children’s amenity space in the form of playgrounds, splash pads, or other similar features; or 159
6 7. Other amenities not listed above that provide a public benefit. 160
G. Building height shall be modified to relate to human scale and minimize negative impacts. In the 161
downtown and in the CSHBD Sugar House Business District, building height shall contribute to a 162
distinctive city skyline. 163
1. Human scale: 164
a. Utilize stepbacks to design a building that relates to the height and scale of adjacent and 165
nearby buildings, or where identified, goals for future scale defined in adopted master 166
general plans. 167
b. The minimum stepback for any building located in a zoning district that does not contain 168
an upper level stepback provision shall be ten feet (10'). This stepback is only required 169
for applications requesting additional height of more than 10% the maximum height 170
when authorized in the underlying zoning district. The stepback shall be applied to the 171
first full floor of the building that is seeking the request for additional height. 172
c. For buildings more than three stories or buildings with vertical mixed use, compose 173
the design of a building with distinct base, to reduce the sense of apparent height. 174
2. Cornices and rooflines: 175
a. Cohesiveness: Shape and define rooflines to be cohesive with the building's overall form 176
and composition. The roofline and architectural detailing, including cornices, shall be 177
complimentary to the structure's scale, material, color, and form and create a change in 178
plane of at least six inches (6"), a change in material, utilizing at least one visible sloping 179
plan along a minimum of fifty percent (50%) of the roofline on building elevations facing 180
a street, or a change in material orientation to define the roof line of the building. 181
b. Green Roof and Roof Deck: Include a green roof and/or accessible roof deck to support a 182
more visually compelling roof landscape and reduce solar gain, air pollution, and the 183
amount of water entering the stormwater system. 184
3. Negative impacts: All buildings seeking additional height as authorized in the underlying 185
zoning district shall be subject to the following standards: 186
a. Modulate taller buildings vertically and horizontally so that it steps up or down to its 187
neighbors. 188
b. Minimize shadow impacts of building height on the public realm and semi-public spaces 189
by varying building massing. Demonstrate impact from shadows due to building height 190
for the portions of the building that are subject to the request for additional height. 191
c. Modify tall buildings to minimize wind impacts on public and private spaces, such as the 192
inclusion of a wind break above the first level of the building. 193
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V3
d. Design and orient buildings to prevent snow, ice, or water from falling directly onto a194
public sidewalk, public space, neighboring property, or directly onto the walkway leading195
to the building entrance.196
G.This subsection is only applicable to buildings requesting additional building height, as197
authorized in the underlying zoning district. Building height shall be modified to relate to human 198
scale and minimize negative impacts by demonstrating compliance with the following standards: 199
1.Design tall buildings to minimize wind impacts on primary building entrances, parks and200
open space, and public and private outdoor amenity areas. Design elements may include a 201
wind break above the first level of the building, recessed entryways or vestibules, or 202
canopies; 203
2. Design and orient buildings to prevent snow, ice, or water from falling directly onto a public204
sidewalk, public space, neighboring property, or directly onto the walkway leading to the 205
building entrance; 206
3. Roof-top mechanical equipment shall be screened from public view; and207
4. Buildings abutting a Landmark Site shall feature at least one horizontal element on the street208
facing façade (base, belt course, frieze, cornice) that aligns with a corresponding element of 209
the historic building. The alignment shall foster visual continuity and respect the historic 210
context. 211
212
H.Parking and on site circulation shall be provided with an emphasis on making safe pedestrian213
connections to the sidewalk, transit facilities, or midblock walkway. Parking is encouraged to be214
behind the principal building and away from pedestrian walkways. 1. Parking lots and structures215
shall be setback a minimum of twenty-five 25 feet (25') from required midblock pedestrian access216
locations or as required in the underlying zoning district if the underlying zoning requires a larger217
setback.218
I.Waste and recycling containers, mechanical equipment, storage areas, and loading docks shall be219
fully screened from public view and, for buildings with only one street-facing frontage, are220
prohibited from being located along street-facing facades. They shall incorporate building221
materials and detailing compatible with the building being served and shall be co-located with222
driveways unless prohibited by the presence of a street tree, public infrastructure, or public223
facility within the right of way. Service uses may be located within the structure. (See224
Subsection 21A.37.050.K of this title.)225
I.Screening of Service Areas: Service areas, loading docks, refuse containers, utility meters, and226
similar areas shall be fully screened from public view or located along a side yard. All screening 227
enclosures viewable from the street shall be either incorporated into the building architecture or 228
shall incorporate building materials and detailing compatible with the building being served. 229
J.Signage shall emphasize the pedestrian/mass transit orientation.230
1.Define specific spaces for signage that are integral to building design, such as commercial231
sign bands framed by a material change, columns for blade signs, or other clearly articulated band232
on the face of the building.233
2. Coordinate signage locations with appropriate lighting, awnings, and other projections.234
3.Coordinate sign location with landscaping to avoid conflicts.235
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V3
K J. Site and building Llighting shall support pedestrian comfort and safety, neighborhood image, 236
and dark sky goals. 237
1. Provide street lights as indicated in the Salt Lake City Lighting Master Plan. 238
2 1. Outdoor lighting should be designed for low-level illumination and to minimize glare and 239
light trespass onto adjacent abutting properties and uplighting directly to the sky. 240
3 2. Coordinate lighting with architecture, signage, and pedestrian circulation to accentuate 241
significant building features, improve sign legibility, and support pedestrian comfort and 242
safety. 243
L K. Streetscape improvements shall be provided as follows: 244
1. One street tree chosen from the street tree list consistent with the city's urban forestry 245
guidelines and, with the approval of the city's urban forester, shall be placed for every thirty feet 246
(30') of property frontage on a street. Existing street trees removed as the result of a development 247
project shall be replaced by the developer with trees approved by the city's urban forester. 248
2 1. Hardscape (paving material) Impervious surfaces shall be utilized to differentiate privately-249
owned public spaces from public spaces. Hardscape for All paving for public sidewalks shall 250
follow applicable design standards. Permitted materials for privately-owned public spaces shall 251
meet the following standards: 252
a. Use materials that are durable (withstand wear, pressure, damage), require a minimum of 253
maintenance, and are easily repairable or replaceable should damage or defacement 254
occur. 255
b. Where practical, as in lower-traffic areas, use materials that allow rainwater to infiltrate 256
into the ground and recharge the water table. 257
c. Limit contribution to urban heat island effect by limiting use of dark materials and 258
incorporating materials with a high Solar-Reflective Index (SRI). 259
d. Utilize materials and designs that have an identifiable relationship to the character of the 260
site, the neighborhood, or Salt Lake City. 261
e. Use materials (like textured ground surfaces) and features (like ramps and seating at key 262
resting points) to support access and comfort for people of all abilities. 263
f. Asphalt shall be limited to vehicle drive aisles. 264
265
PLNPCM2024-00294 19 August 28, 2024
PLNPCM2024-00294 20 August 28, 2024
SALT LAKE CITY PLANNING COMMISSION MEETING
City & County Building
451 South State Street, Room 315
Salt Lake City, Utah 84111
Wednesday, November 8, 2023
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at approximately 5:30 p.m. Audio recordings of the Planning Commission meetings are retained for
a period of time. These minutes are a summary of the meeting and not a verbatim transcript. A video
recording of the meeting is available at https://www.youtube.com/c/SLCLiveMeetings.
Present for the Planning Commission meeting were: Chair Mike Christensen, Vice Chair Andra Ghent
and Commissioners, Aimee Burrows, Bree Scheer, Rich Tuttle, Carlos Santos-Rivera, Turner Bitton, and
Amy Barry. Commissioner Anaya Gayle was excused from the meeting.
Staff members present at the meeting were: Planning Director Nick Norris, Planning Manager Amy
Thompson, Planning Manager Mayara Lima, Senior City Attorney Paul Nielson, Transportation Planner
III Joe Taylor, Senior Planner Lex Traughber, Senior Planner Krissy Gilmore, and Administrative
Assistants David Schupick.
Chair Mike Christensen shared the opening statement.
REPORT OF THE CHAIR AND VICE CHAIR
The Chair stated that he had nothing to report.
The Vice Chair stated that she had nothing to report.
REPORT OF THE DIRECTOR
Planning Director Nick Norris stated updates of items that were brought to City Council.
OPEN FORUM
Commissioner Ghent brought up concerns for parking minimums and how some cities have stopped this
practice of parking minimums. Commissioner Barry stated that some developments have had no parking
minimums and they have not resulted in reduced market rental rates. She states that there must be more
to the formula that is missing. Commissioner Scheer stated that she would like to give the new parking
ordinance more time to see the results. Commissioner Burrows stated that there are other ways to reduce
rental rates besides just parking, such as a variety of housing options. Nick Norris stated that staff’s
approach to code changes is to analyze them and then make changes where needed and parking
minimums would not be a current priority.
OTHER BUSINESS
Petition Initiation - The Planning Commission will discuss a potential petition initiation related to design
review standards in 21A.59. The Commission may vote to initiate a zoning text amendment. This request
was presented by a member of the Planning Commission.
Planning Director Nick Norris elaborated on what the design standard 21A.59 includes and what
options the Commission has. Commissioner Barry stated concerns with removal of parts of the code.
MOTION
Commissioner Scheer stated, “I move that the Planning Commission ask the Planning
Division look into the design standards 21A.59 that deal with the mass of the building and
bring back to the Commission a proposal that modifies those standards so that we do not get
an over articulation of the façade.”
PLNPCM2024-00294 21 August 28, 2024
Commissioner Barry seconded the motion. Commissioners Scheer, Burrows, Barry, Bitton,
Tuttle, Christensen, Santos-Rivera, and Ghent voted “yes”. The motion passed unanimously.
REGULAR AGENDA
1.Yalecrest - Princeton Heights Local Historic District - Paula Harline, a property owner in the
proposed local historic district, has submitted a petition to designate a new local historic district within
the Yalecrest neighborhood of the City. The proposed boundaries of the Princeton Heights Local
Historic District are approximately 1323 Princeton Avenue to 1500 East along Princeton Avenue. The
request is before the Planning Commission because the local historic district designation process
requires the Commission to hold a public hearing and forward a recommendation to the City Council
which has final decision-making authority on this type of request, a zoning map amendment. The
proposed district is located in City Council District 6 represented by Dan Dugan. (Staff Contact: Lex
Traughber at 801-535-6184 or lex.traughber@slcgov.com) Case number: PLNHLC2023-00044
Senior Planner Lex Traughber reviewed the petition as outlined in the staff report. The applicants
gave a formal presentation. They provided visuals as well as additional details on the project.
Commissioner Scheer asked if trees in a historic district would be protected. Amy Thompson stated
that removal of a tree would need permit that would be reviewed by the Historic Landmark
Commission.
PUBLIC HEARING
Chair Mike Christensen opened the public hearing.
Jan Hemming stated their support for the project.
Ralf Finlayson stated their support for the project.
Susan Michael stated their support for the project.
Emma Kerns stated their support for the project.
Vergina Lee stated their support for the project.
Lynn Pershing stated their support for the project.
Cindy Cromer stated their support for the project.
Ceria Toronto stated their support for the project.
Jessica Guen stated their support for the project.
David Neilson stated their support for the project.
Seeing no one else wished to speak, Chair Mike Christensen closed the public hearing.
Commissioner Ghent stated concerns with air quality and how low density contributes to it.
Commissioner Santos-Rivera stated preserving neighborhoods could benefit a more sustainable
growth for Salt Lake City. Commissioner Barry stated that the applicant has met all the requirements
placed for the process. She also mentioned that it is important to approach density in places where it
makes sense. Commissioner Scheer stated that it is important to mention that this neighborhood
remained throughout history due to historic redlining and had access to loans that other
neighborhoods did not. Commissioner Burrows stated that local historic districts are part of the plans
for the future of Salt Lake City and this application meets all the requirements for a local historic
district.
MOTION
Commissioner Barry stated, “Based on the information presented and discussion, I move that
the Commission forward a recommendation to adopt this Zoning Map Amendment to the City
Council. Whereas, Yalecrest neighborhood embodies the spirit of these guiding principles, as
PLNPCM2024-00294 22 August 28, 2024
it is not only a vibrant community but also a historical treasure that has contributed
significantly to the cultural and architectural heritage of Salt Lake City. Whereas the proposal
to designate Yalecrest as a historic district aligns with Principle 9, aiming to maintain places
that provide a foundation for the City to affirm its past, acknowledging the historical
significance and architectural beauty of this neighborhood. Whereas it aligns with Principle
10, where it celebrates and preserves the artistic and cultural resources, the showcase the
community’s commitment to a strong creative culture. Whereas it is committed to creating a
beautiful, people-focused urban environment as envisioned in Principle 8. This designation
will help preserve the neighborhoods unique character, enhance the community’s well-being,
and contribute to a vibrant and people-focused city that values its history, environment, and
cultural heritage.”
Commissioner Scheer seconded the motion. Commissioners Scheer, Burrows, Barry,
Christensen, and Santos-Rivera voted “yes”. Commissioners Bitton, Tuttle, and Ghent voted
“no”. The motion passed.
2.Plan Update for Citywide Transportation Plan (Formally Transportation Master Plan) - The
Transportation Division has updated the 1996 Transportation Master Plan to reflect current
Transportation Planning practice and provide The City with a governing document for all decisions
and projects occurring within and relating to The City's Right of Way. The Plan update is not a list of
projects. It establishes core values for the Right of Way provided by the community and outlines
policies and programs to ensure Transportation Projects reflect these values. The Transportation
Division is seeking Commission Recommendation to City Council for adoption of the updated Plan.
The draft plan can be found here: https://www.slc.gov/transportation/plans-studies/tmp/ (Staff
Contact: Joe Taylor at 801-535-6679 or joe.taylor@slcgov.com)
Transportation Planner III Joe Taylor reviewed the petition as outlined in the staff report.
Commissioner Ghent stated concerns for crossing of state-owned streets and the desire for
overpasses for safety. Joe Taylor stated that he cannot speak for UDOT, but his division tries to be
good partners with them. Commissioner Bitton asked if there could be more strategy with public
engagement with UDOT. Commissioner Scheer asked if federal funding is given to UDOT. Joe Taylor
stated that that is correct. Commissioner Barry stated that people drive to the design to the road and
not the sign next to the road. She stated that she does not see that articulated in the plan. She also
stated that she would like to see more information to empower people to advocate for safter roads.
Commissioner Santos-Rivera stated concerns for the public engagement not reaching enough of the
population. He also stated desire for more behavioral campaigns as a strategy to help spread
awareness of driving safety. Commissioner Ghent stated that the problem is with infrastructure and
state-owned streets. She also stated that Salt Lake City is funding more of UTA than other reginal
partners.
PUBLIC HEARING
Chair Mike Christensen opened the public hearing.
Cindy Cromer stated their desire for more enforcement within the city and concerns for safety with
construction projects.
Seeing no one else wished to speak, Chair Mike Christensen closed the public hearing.
Commissioner Burrows asked if this project would replace the 1993 Transportation Master Plan. Joe
Taylor stated that that is correct. Commissioner Christensen stated that since he moved to Salt Lake
City, he has always felt a divide between the West and East side and is excited about an opportunity
to minimize that divide.
MOTION
PLNPCM2024-00294 23 August 28, 2024
Commissioner Bitton stated, “Based on the information presented and discussion, I move that
the Commission forward a positive recommendation to adopt Connect SLC – Citywide
Transportation Plan to the City Council. With an additional recommendation that Section 1.3
be amended to read, Strategy 1.3 facilitates long term dialogue between the City, the local
community, and other reginal partners. For Strategy 2.1 to establish a vision zero action plan,
to further engage with the community to raise pedestrian safety and awareness about
potential collision in the streets in Salt Lake City.”
Commissioner Santos-Rivera seconded the motion. Commissioners Scheer, Burrows, Barry,
Bitton, Tuttle, Christensen, Santos-Rivera, and Ghent voted “yes”. The motion passed
unanimously.
3.General Plan and Zoning Amendments (Community Benefit Ordinance) - The Planning Division
is considering updates to portions of the Land Use Code to implement priority policies in Thriving in
Place to mitigate involuntary displacement due to development pressure. The updates include the
creation of a new Title 19 General Plans and amendments to Title 21A.50 Amendments. The
identified policy goals for the Planning Division include establishing a community benefit policy for
general plan and zoning amendments; the creation of a tenant relocation assistance program;
replacement housing requirements for demolitions associated with requested amendments; and new
standards for consideration when analyzing a zoning or general plan amendment that consider
impacts from potential displacement. With this update, Title 18.97 Mitigation of Residential Housing
Loss will be deleted and replaced with the community benefit policy in Title 19 General Plans and
Title 21A.50 Amendments. Title 18.64.050 Residential Demolition Provisions will be amended to
include provisions to ensure the replacement of housing units that have a similar rent and unit size if
housing is demolished. (Staff Contact: Krissy Gilmore at 801-535-7780 or
Kristina.gilmore@slcgov.com) Case number: PLNPCM2023-00535
Senior Planner Krissy Gilmore reviewed the petition as outlined in the staff report.
Senior Planner Krissy Gilmore reviewed the petition as outlined in the staff report.
Commissioner Ghent stated concerns with the tenant relocation assistance not being inflation
adjusted. Krissy Gilmore stated that once adopted it will be looked at throughout the years to adjust
as needed. Commissioner Scheer stated concerns that this might have a reverse impact and
discourage people from developing more dense housing. Commissioner Ghent stated that in overall
development deal, it would not have a large impact. Commissioner Bitton asked if any part of this
petition would apply to a commercial tenant. Krissy Gilmore stated that the relocation portion only
applies to residential tenants. Commissioner Ghent asked for what the legal definition of family sized
housing is. Nick Norris stated that currently they do not have one but could add one, however
generally it is referred to as a dwelling that has at least three bedrooms. Commissioner Scheer asked
if this proposal would add additional considerations for a zoning change. Krissy Gilmore stated that
that is correct, there would be more considerations such as community benefit and public input on
that benefit.
Commissioner Barry stated concerns that the Planning Commission relies on the department reviews,
but the department is not seeing the comments from the public of their concerns. Krissy Gilmore
stated the comments brought in during the public review period are shared with the divisions.
Commissioner Scheer also stated concerns with trying to judge a community benefit if the Planning
Commission is not aware of what is going to be on the property. Commissioner Ghent shared
concerns that were stated and asked for a definition of affordable. Nick Norris stated that the
application requirements are going to require more detail from the petitioner. He also stated that the
definition of affordable was intentionally left out to leave room for the applicant to make the argument
that what they are doing is affordable with proportion to their request.
PLNPCM2024-00294 24 August 28, 2024
PUBLIC HEARING
Chair Mike Christensen opened the public hearing.
Judi Short stated concerns for the definition of affordable not being laid out. She also stated concerns
about development agreements not being enforced.
Lynn Schwarz stated concerns with the project.
Rebecca Davis stated supported the inclusion of preserving wildlife and historic spaces in the
community benefit section.
Cindy Cromer stated concerns with the project.
Seeing no one else wished to speak, Chair Mike Christensen closed the public hearing.
Commissioner Ghent stated concerns with the extent to changes to the process of rezones.
Commissioner Bitton stated that he would like to see the community benefit for local business
expanded to include charitable organizations.
Commissioner Ghent had to leave the meeting due to prior obligations.
MOTION
Commissioner Scheer stated, “Based on the information presented and discussion, I move
that the Commission forward a recommendation to adopt this text amendment to the City
Council with minor changes to change “fees” to “payment” and to section 19.06.070C which
is a list of community benefits under 1B to include charitable organizations.”
Commissioner Bitton seconded the motion. Commissioners Scheer, Burrows, Barry, Bitton,
Tuttle, Christensen, and Santos-Rivera voted “yes”. The motion passed unanimously.
WORK SESSION
1.Work Without a COA Briefing - Mayor Erin Mendenhall has initiated a petition for a zoning text
amendment to Chapter 21A.34 to address unlawful construction and demolition activities in local
historic districts and to landmark sites. This proposed text amendment is intended to add enforcement
tools to prevent and counter potential violations in the local historic districts and to local historic
landmark sites; establish a clear process to remedy alterations or demolition that occur without
approval; and create standards that require that if a contributing historic structure is demolished
without city permits, it shall be reconstructed as it was prior to the unlawful demolition. This briefing
is intended to introduce the proposed changes to the Commission in anticipation of a future public
hearing. (Staff Contact: Amy Thompson at 801-535-7728 or amy.thompson@slcgov.com) Case
number: PLNPCM2023-00336
Planning Manager Mayara Lima reviewed the petition as outlined in the staff report. Commissioner
Tuttle asked if there was any statistical evidence as to which enforcement options tended to be the
most effective in protecting buildings. Mayara Lima stated that Cities tailor their methods to what is
allowed, restricting data like that to be collected. Commissioner Barry stated preference for
reconstruction. The Planning Commission discussed the variety of compliance tools and their
effectiveness.
Commissioner Scheer stated concerns that this could encourage people who own historic homes to
demolish them and rebuild them in the same outer appearance to be more cost effective.
Commissioner Bitton asked how they came to 25 years for the certificate of noncompliance. Amy
Thompson stated that they can look more into the timeline. Commissioner Burrows asked clarifying
PLNPCM2024-00294 25 August 28, 2024
questions on contributing structures. She also stated a desire for civil enforcement to have more
funding to support the need. Nick Norris stated that the City Council is currently in the process of
increasing their funding.
The meeting adjourned at approximately 9:54 PM.
For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-
meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified,
which usually occurs at the next regularly scheduled meeting of the Planning Commission.
PLNPCM2024-00294 26 August 28, 2024
ZONING TEXT AMENDMENT
21A.50.050: A decision to amend the text of this title or the zoning map by general
amendment is a matter committed to the legislative discretion of the city council and is not
controlled by any one standard. In making a decision to amend the zoning map, the City
Council should consider the following:
1. Whether a proposed text amendment is consistent with the purposes, goals,
objectives, and policies of the city as stated through its various adopted planning
documents.
The proposed text amendment is consistent with the goals, objectives, and policies within Plan
Salt Lake and the Urban Design Element. Plan Salt Lake creates a framework for growth,
while focusing on sustainability and livability. Plan Salt Lake has eight sustainable growth
concepts that are being fulfilled by this amendment: placemaking, diverse mix of uses,
connectivity and circulation, density, compatibility, maximizing public investments,
responsive and resilient development, and green building.
The Urban Design Element defines urban design objectives for the city and illustrates a
process for making decisions regarding the city’s future character. Urban design determines
how individual parts of the city, especially the public realm, interact to create its image. A
person’s perception of a city is determined by land use, development scale, and open space
arrangements.
The design review process is intended to allow for modifications to the base zone or a zoning
district’s design standards in order to support more efficient and innovative development. The
design review process ensures new development is compatible with the surrounding
neighborhood and increases livability for both existing and future residents. The standards are
being amended to create a more consistent and clear review process and in response to the
City’s evolving development patterns. The proposed modifications, specifically those
regarding additional building length and additional building height, are intended to increase
density by promoting taller not wider buildings, support a diverse mix of uses by disallowing a
reduction in active ground floor uses in return for additional building length, support
placemaking and compatibility with pedestrian friendly design, publicly accessible amenities,
and active streetscapes.
2. Whether a proposed text amendment furthers the specific purpose
statements of the zoning ordinance.
21A.02.030 Purpose and Intent
The purpose of the zoning ordinance is “to promote the health, safety, morals, convenience,
order, prosperity and welfare of the present and future inhabitants of Salt Lake City, to
implement the adopted plans of the city, and to carry out the purposes of the municipal land
use development and management act, title 10, chapter 9, of the Utah Code Annotated or its
successor, and other relevant statutes.”
PLNPCM2024-00294 27 August 28, 2024
The purposes of the zoning ordinance also states the title is intended to:
A.Lessen congestion in the streets or roads;
B.Secure safety from fire and other dangers;
C.Provide adequate light and air;
D.Classify land uses and distribute land development and utilization;
E.Protect the tax base;
F.Secure economy in governmental expenditures;
G.Foster the City's industrial, business and residential development; and
H.Protect the environment.
The proposed amendments to the design review chapter meet the purpose and intent of the
zoning ordinance. The proposed amendments implement the adopted general plans as
discussed in Consideration 2, which furthers the purposes of the zoning ordinance.
The design review process is a method to facilitate efficient and high-quality business and
residential development in the city (standard G).
Higher density development reduces congestion (standard A) and helps protect the
environment (standard H) by locating housing and commercial uses near transit, reducing the
need for single-occupancy vehicle trips.
21A.50.010 Purpose Statement
“The purpose of this chapter is to provide standards and procedures for making amendments
to the text of this title and to the zoning map. This amendment process is not intended to relieve
particular hardships nor to confer special privileges or rights upon any person, but only to
make adjustments necessary in light of changed conditions or changes in public policy.”
This proposal is consistent with the general purpose of making amendments to the code’s text
in response to changing development conditions and public policy. Salt Lake has recently
implemented new plans, initiatives, and incentives to increase housing and mixed-use
development options throughout the city.
The city has adopted affordable housing and adaptive reuse incentives, mandated public
benefits for all rezone petitions, and is consolidating commercial and mixed-use zones into
form-based zones with increased design standards.
Additionally, the Mayor is championing initiatives to improve walkability, connectivity, and
expand the City’s urban forest. She has also highlighted the need for family-sized housing within
the Downtown core and increased public amenities to enhance livability. The design review
process complements these citywide plans by supporting infill and redevelopment that is both
compatible and of high quality.
PLNPCM2024-00294 28 August 28, 2024
3.Whether a proposed text amendment is consistent with the purposes and
provisions of any applicable overlay zoning districts which may impose
additional standards.
The proposed text amendment does not conflict with any overlay regulations, but the base and
overlay districts may provide additional standards and restrictions than provided for in the
design review chapter. If a project falls within a local historic district, the preservation
standards of approval would supersede the requirements in the design review chapter, with
approval granted by the Historic Landmark Commission.
4.The extent to which a proposed text amendment implements best current,
professional practices of urban planning and design.
The proposed text amendment aligns with best current professional practices in urban planning
and design by supporting the Planning Division’s initiatives on Sustainability, Equity, Growth,
and Opportunity. As Salt Lake City faces ongoing growth and increasing pressure for infill
development and redevelopment, implementing these updated design review standards
becomes crucial. The amendment provides clear expectations for both private developers and
city staff, streamlining the review process by removing redundant standards and clarifying their
applicability. The updated design criteria address key aspects such as massing, façade length,
and building height, which are essential for managing the impacts of large developments. By
introducing these changes, the amendment fosters a holistic design approach that considers the
broader neighborhood context rather than focusing solely on individual sites. This approach
supports the city’s overall growth and enhances its imageability and livability, ensuring new
developments are well-integrated into their surroundings and contribute positively to the urban
environment.
5.The impact that the proposed text amendment may have on city resources
necessary to carry out the provisions and processes required by this title.
The proposed text amendment is not expected to pose an additional impact on city resources.
The updated language is intended to reduce review times by clarifying when a standard is
applicable, rather than reviewing each development on a case-by-case basis.
6.The impact that the proposed text amendment may have on other properties
that would be subject to the proposal and properties adjacent to subject
properties.
The proposed text amendment is intended to ensure large developments are compatible with
the context of the vicinity. The standards aim to reduce impacts to adjacent properties through
high quality design, street level engagement, and infrastructure upgrades.
7.The community benefits that would result from the proposed text
amendment, as identified in 21A.50.050.C.
This proposal benefits the community by enhancing the Design Review process in response to
rapid growth and the need for higher quality design. Every building contributes to the overall
urban form and livability of the city, and these changes will promote more engaging and
pedestrian-friendly developments, ensuring that new projects contribute positively to the city's
long-term vision.
PLNPCM2024-00294 29 August 28, 2024
Public Notice, Meetings, Comments
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposed project:
•The Planning Division provided a 45-day comment period (July 2, 2024 – August 19,
2024) notice to each of the city’s Recognized Community Organizations.
o Staff presented to the Liberty Wells Community Council on July 18, 2024
o Staff presented to the East Liberty Park Community Council on August 8, 2024
o Staff provided a write-up for the Greater Avenues Community Council’s August
2024 newsletter
•An online open house was posted to the Planning Division’s webpage on July 9, 2024.
Notice of the public hearing for the proposal included:
•Public hearing notices mailed on August 15, 2024
•Public notice posted on City and State websites and Planning Division list serve on
August 15, 2024
•Public hearing notices posted on August 16, 2024. Staff posted the notice at the SLC
Main Library, the Chapman Branch in Poplar Grove, and the Sprague Branch in Sugar
House.
Planning Commission Briefings:
•March 27, 2024
o Planning Commission Memo
•June 26, 2024:
o Planning Commission Memo
Public Input
At the time of the staff report being published, Planning staff received no public comments
regarding the proposal.
PLNPCM2024-00294 30 August 28, 2024
This proposal was reviewed by the following departments. Any requirement identified by a City
Department is required to be complied with.
Building: Comments provided by Steven Collett on 7/8/24
No specific Building Code comments in regard to the proposed amendments.
All construction within the corporate limits of Salt Lake City shall be per the State of Utah
adopted construction codes and to include any state or local amendments to those codes. RE:
Title 15A State Construction and Fire Codes Act
Engineering: Comments provided by Scott Weiler on 7/8/24
No objections. The only comment I have is relative to the reference to asphalt. We don’t allow
asphalt to be installed in a park strip, and rarely do we allow asphalt to be used as a drive
approach. The situations when we do allow asphalt to be used as a drive approach are typically
when there is no curb & gutter in the street and in order to access the private property asphalt
needs to be installed from the existing edge of asphalt pavement to the front property line.
Fire: Comments provided by Douglas Bateman on 7/22/24
No specific Code Fire comments in regard to the proposed amendments.
All construction within the corporate limits of Salt Lake City shall be per the State of Utah
adopted construction codes and to include any state or local amendments to those codes. RE:
Title 15A State Construction and Fire Codes Act.
Police:
No comments.
Transportation: Comments provided by Jean Carver on 7/17/24
No comments.
Public Utilities: Comments provided by Kristeen Beitel on 7/15/24
No comments.
PLNPCM2024-00294 31 August 28, 2024
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Item B2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Parking Regulations in the Downtown Zoning Districts Text Amendment
PLNPCM2025-00008
MOTION 1 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
MOTION 2 (close and adopt (if the Council would like to adopt tonight))
I move that the Council close the public hearing and adopt the ordinance.
MOTION 3 (continue hearing)
I move that the Council continue the public hearing to a future Council meeting.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Parking Regulations in the Downtown Zoning Districts Text Amendment
PLNPCM2025-00008
BRIEFING UPDATE
During a July 1, 2025 briefing Council Members discussed the reasons for current building cladding
requirements found in City code. Planning responded by saying they are to align with other sections of the
code, improve building design, and enhance the pedestrian experience. It was further noted that these
requirements can make it unfeasible to include upper-level parking in buildings, which may lead to more
surface-level parking. The proposed changes will accommodate parking while creating aesthetically
pleasing buildings.
A Council Member commented the proposal strikes a balance between providing parking in a smaller
footprint for those who wish to drive, with transit availability into the downtown area.
The following information was provided for the July 1, 2025 briefing. It is included
again for background purposes.
ISSUE AT A GLANCE
The Council will be briefed about a proposed text amendment from the Administration related to parking
regulations in the Downtown and Gateway zoning districts. Design standards for these regulations are
found in three sections of City code. The proposal consolidates them into the design standards section of
City code for ease of use, and to eliminate conflicts. Some obsolete review process requirements are also
Item Schedule:
Page | 2
proposed to be eliminated. These changes are summarized in Key Consideration 2 found later in this
report. Affected areas are shown in the image below.
The Commission voted unanimously to forward a positive
recommendation to the City Council.
Goal of the briefing: Review the proposed text amendment and determine if the Council supports
moving forward with the proposal.
POLICY QUESTION
Zoning districts affected by the proposed text amendment
Image courtesy of the Salt Lake City Planning Division
ADDITIONAL INFORMATION
D-1 (Central Business District)
D-2 (Downtown Support District)
D-3 (Downtown Warehouse/Residential District)
D-4 (Downtown Secondary Central Business District)
Page | 3
G-MU (Gateway-Mixed Use District)
Currently, parking lots are only allowed behind buildings. Under the proposed changes new parking lots
must be co-located with a building, limited to 40 spaces, and would be allowed either behind or to the side
of the building. Lots located to a building’s side would be limited to a single parking row and aisle and set
back at least 25 feet from the front or corner side lot line. This setback area would be subject to applicable
landscaping requirements.
Under the proposal parking lots in these zoning districts would only be allowed when associated with a
building on the property. Existing lots may continue but would need to comply with new standards if the
property is redeveloped.
KEY CONSIDERATIONS
Planning staff identified two key considerations related to the proposal, found on pages 5-13 of the
Planning Commission staff report, and briefly summarized below. For the complete analysis, please see the
Planning staff report.
Consideration 1 – How the Proposal Helps Implement City Goals & Policies Identified in
Adopted Plans:
Planning staff believes the proposed changes align with principles and concepts found in Plan Salt Lake,
the Downtown Master Plan, and the North Temple Boulevard Master Plan. The proposal aims to provide
quality design while meeting the need for parking in a dense pedestrian-oriented environment. It also
seeks to simplify City code making it easier for the public and staff to understand and use.
Consideration 2 – Key Changes
Key changes found in the proposal are generally in two categories: design standards, and parking use and
location regulations. These are briefly summarized below. Please see the Planning Commission staff report
for additional information.
Design Standards
Proposed changes to the design standards focus on upper floors because ground floors of most buildings
with a street-facing façade in these zones are required to have active uses such as restaurants and retail
establishments that draw people into the building rather than parking.
Issue: Parking on Upper Building Levels
The Off-Street Parking, Mobility and Loading Chapter of City code (21A.44) for Downtown and
Gateway zones requires all floors of buildings to be wrapped with uses other than parking. Of
concern is the vagueness of this requirement which can lead to varied interpretations and result in
hallways, storage, or stairwells wrapping buildings rather than a more beneficial use.
Proposed Change:
Planning staff recommends removing the requirement for upper floors to have a use other than
parking. It is their opinion that ground floor requirements in the Downtown and Gateway zones
improve the streetscape and pedestrian experience. Screening requirements will remain for
upper floors to ensure quality building design.
Issue: Upper Floor Glazing
Upper floors of street facing building facades in the Downtown and G-MU zoning districts are
required to have glass. This requirement may result in unintended consequences of increased costs
Page | 4
and limiting needed ventilation for parking garages which could lead to more surface parking.
Additionally, parking garage design standards are intended to screen the garage’s interior from
view. Requiring glass can counteract the screening’s intent.
The following table from the Planning Commission staff report shows the percentage of required
upper-level glass. Boxes with an X indicate when the requirement for parking garages and
structures applies. (Note-changes to chapter 21A.37 proposed in the commercial and mixed-use
consolidation are included in the table.)
DistrictStandard
(Code section)D-1 D-2 D-3 D-4 G-MU
Glass: upper floors (%)
(21A.37.050.C.2)50 50 50 50 40
Reflective glass
(21A.37.050.C.3)50 50 50 50 50
Parking garages or structures
(21A.37.050.L)X X X X X
Proposed Change:
Planning staff recommends portions of buildings in the Downtown and G-MU zoning districts
used for parking are exempt from providing upper-level glass.
Issue: Upper Floor Building Materials
Like the glazing requirements above, minimum percentages of upper floor street-facing facades
(excluding windows and doors) need to be clad in durable building materials such as stone, brick,
textured or patterned concrete, cement board or similar materials. Parking garages adjacent to
streets or other public spaces are required to have external screening that conceals ramps and
parked vehicles and improves the structure’s appearance. These screening materials include heavy
gauge metal screen, precast concrete panels, live green or landscaped walls, laminated or safety
glass, decorative panels or other materials that match the building’s materials and character.
Currently the code doesn’t specify which requirement, for glass or durable building materials, on
upper floors take precedence for parking garages. When both material types are applied it limits
ventilation necessary for parking garages and increases costs as with the requirement for upper-
level glazing noted above.
Proposed Change:
Planning staff recommends requiring a minimum of 50% of each street facing façade to be
wrapped in one of the solid materials listed above. Planning believes this will conceal parked
vehicles and ramps, allow design flexibility, and ensure upper floor parking garages are feasible.
Parking Use and Location Regulations
Issue: Parking Uses Prohibited When They Result in Building Demolition
Under current City code parking lots that are proposed as a single principal use of property in the
Downtown and G-MU zoning districts are prohibited only when they would result in a building
demolition. Planning staff found that it was easy to skirt this by demolishing a building and then
later apply for permits to build a parking lot. Proving the building was demolished for parking
would be difficult.
Page | 5
Proposed Change:
Planning proposes only allowing parking lots in the Downtown and G-MU zones when they are
associated with a building on the property.
Issue: Parking Lot Location
City code currently requires parking lots to be located behind buildings and limits the lot size and
configuration. Some building designs are not square or rectangularly shaped, which can present
difficulties determining where to locate a parking lot. Additionally, parking lots for buildings on
corner lots with two street frontages would be visible from one of the streets.
Proposed Change:
As discussed in the additional information section above, Planning recommends allowing parking
lots on the side of a building (with additional standards) as well as behind buildings.
ANALYSIS OF STANDARDS
Attachment D (pages 26-27) of the Planning Commission staff report outlines zoning text amendment
standards that should be considered as the Council reviews this proposal. The standards and findings are
summarized below. Please see the Planning Commission staff report for additional information.
Factor Finding
Whether a proposed text amendment is consistent with
the purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
Complies
Whether a proposed text amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
Whether a proposed text amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
Complies
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
The impact that the proposed text amendment may have
on city resources necessary to carry out the provisions
and processes required by this title.
Proposal is intended to
streamline the
application process and
likely won’t increase
impact on City
resources.
The community benefits that would result from the
proposed text amendment, as identified in 21A.50.050.C.
Only applicable to
privately initiated
amendments. (Mayor
Mendenhall initiated
this text amendment.)
PROJECT CHRONOLOGY
Page | 6
• January 6, 2025 – Zoning map amendment application received by Planning Division and
assigned to Rylee Hall, Principal Planner.
• February 6, 2025 – Notice sent to all registered recognized organizations, beginning 45-day
comment period.
• February 18, 2025 – Proposal posted to the Planning Division online open house page.
• March 12, 2025 –Planning Commission public hearing notice posted at Main Library.
• March 14, 2025 – Planning Commission public hearing notice posted on City and State websites,
and notices sent via Planning Division listserv.
• March 17, 2025 – Planning staff presented the proposal to the Sugar House Community Council.
• March 23, 2025 – 45-day comment period ends.
• March 26, 2025 – Planning Commission briefing and public hearing. The Commission voted
unanimously to forward a positive recommendation to the City Council.
• April 21, 2025 – Ordinance requested from the Attorney’s Office.
• June 3, 2025 – Ordinance received from the Attorney’s Office.
• June 5, 2025 – Transmittal received in City Council Office.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
06/03/2025
Date Sent to Council:
06/05/2025
From:
Department *
Community and Neighborhood
Employee Name:
Hall, Rylee
E-mail
rylee.hall@slc.gov
Department Director Signature
Director Signed Date
06/04/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
06/05/2025
Subject:
Zoning Text Amendment - Parking Regulations in the Downtown Zoning Districts
New transmittal or
Revision
New transmittal
Revision
Revision Updates:
fixed broken hyperlink and updated attachments with cover sheets
Additional Staff Contact:Presenters/Staff Table
Document Type
Ordinance
Budget Impact?
Yes
No
Recommendation:
Approval
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
PUBLIC PROCESS: Text amendments must comply with the amendment process in 21A.50 and the early notification process in 21A.10. The following is a list of public input opportunities related to the proposed text amendment:
• The Planning Division provided a 45-day comment period (February 6th – March 23rd, 2025) to all registered community organizations in the city. • An online open house was posted to the Planning Division’s webpage on February 18th, 2025, and will remain open until the City Council has made a decision on the proposal. • The Planning Commission held a public hearing on the proposal at their regular meeting on March 23rd, 2025. The Planning Commission forwarded a unanimous positive recommendation to the City Council to adopt the proposed amendment.
The next steps are for the City Council to hold a public hearing and make a decision to adopt or deny the proposed zoning text amendment.
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ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: Mayor Erin Mendenhall, at the request of the Planning
Division, has initiated a zoning text amendment to address parking regulations in the Downtown
and Gateway zoning districts. Specifically, the amendment seeks to consolidate the design
standards for parking uses into one location of code, making it more user friendly and
eliminating potential code conflicts. The draft ordinance language can be found in Exhibit 1.
The purpose and intent of the parking regulations - to screen parking garages and limit parking
lots that are located at street level or in front of buildings - will not be changed as a result of this
text amendment. This is a citywide text amendment that will affect zoning district regulations in
the Downtown and Gateway zoning districts. The map below shows the properties that will be
impacted by these changes.
The proposed changes are summarized below:
Downtown (D-1, D-2, D-3, & D-4) and Gateway (G-MU) Zoning Districts Amendments
21A.30.010 General Provisions (D-1, D-2, D-3, & D-4) & 21A.31.010 General Provisions (G-
MU)
Zoning Districts Affected by the Amendment
• Adds new regulations for parking lots that requires them to be collocated with a building on
the property. Parking lots may also be located to the side of a building (they are currently
limited to behind a building) and specific provisions are proposed for landscaping and size
limitations for when they are located to the side of the building.
• Parking structure design requirements will be governed solely in 21A.37 Design Standards.
All specific design requirements for parking structures have been removed from this section
and replaced by the requirements in 21A.37 Design Standards.
21A.30.070 Downtown Districts Development Approval Process
• This code section contains a flow chart of an obsolete review process for new development in
the downtown zoning districts that has since been superseded by the Design Review process
(21A.59). The amendment proposes to delete this entire section.
21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts
• Deletes footnote 7 for the table of permitted and conditional uses in the downtown zoning
districts. This footnote applies to the following uses: bus line station/terminal, gas stations,
open space, and automobile repair (major and minor). Footnote 7 indicates that the Design
Review process is required for development. This requirement was added by Ordinance 66 or
2013 which created the Land Use Chapters of the city code, and at the time the Design
Review process was a ‘conditional building and site design review’ that would supplement a
site plan review. This review process is no longer used and is inconsistent with the current
Design Review process regulated by city code 21A.59.
• Modifies the language of footnote 19 to be consistent with the changes to the general
provisions of the downtown zoning districts for parking lots and updates the code reference.
21A.33.060 Table of Permitted and Conditional Uses for the Gateway Districts
• Amends footnote 3 for the table of permitted and conditional uses in the G-MU zoning
district. Like footnote 7 described in the previous bullet point, this footnote indicates that the
Design Review process is required for development. This requirement was added by
Ordinance 66 or 2013 which created the Land Use Chapters of the city code, and at the time
the Design Review process was a ‘conditional building and site design review’ that would
supplement a site plan review. This review process is no longer used and is inconsistent with
the current Design Review process regulated by city code 21A.59. Footnote 3 applies to the
following uses: bus line station/terminal and self-storage.
• Footnote 3 will be reused by adding language that indicates that the general provisions
section for the gateway zoning district that regulates parking lots applies to commercial and
off-site parking, and park and ride lots. This footnote has been updated to apply to these uses
in the land use table.
Design Standards Amendments (21A.37):
• Adds new language to clarify that the upper floor minimum glass requirements do not apply
to street-facing building facades for portions of a building that are used for parking garages
that are subject to 21A.37.050.L (this section lists the design standards that apply to parking
garages and includes building material requirements).
• Adds clarifying languages to 21A.37.050.L that if parking is included on floors above the
ground level, a minimum of 50% of the surface area of each floor’s façade shall be wrapped
in solid materials and adds a statement that specific design or setback standards do not apply
to underground parking garages.
• Amends the table for design standards required in the Downtown zoning districts by deleting
footnotes 1 and 2, which include building material requirements for non-street facing facades
in the D-3 zoning district, and conflicting setback and ground floor use requirements for
parking garages in the D-1, D-2, and G-MU zoning districts only.
Off Street Parking, Mobility and Loading (21A.44)
• Deletes 21A.44.060.B Zone Specific Location and Design standards for the D-1, D-3, D-4,
and G-MU zoning districts. This section contains the following: design standards for parking
garages that are being consolidated in 21A.37 Design Standards, requirements for parking
lots that are being consolidated in the general provisions sections of the Downtown and
Gateway zoning districts, and drive approach and driveway standards that are being moved to
subsection 21A.44.060.A.6.b.(5) that already contains standards for drive approaches and
driveways for all zones.
• Amends 21A.44.060.A.6.b.(5) Driveways and Drive Approaches to add clarifying language
for driveways and drive approaches in the D-1, D-2, D-3, D-4, and G-MU zoning districts
that requires them to be located to the side of the building or as far from a street corner as
possible. This requirement is currently in 21A.44.060.B Zone Specific Location and Design
Standards that is proposed to be deleted with this text amendment.
The proposed text amendment supports sustainability, equity, and growth by acknowledging the
need for parking to support certain uses, while promoting features that engage the public realm
and improve the quality of design in downtown areas. The proposal aligns with the goals and
policies of Plan Salt Lake, the Downtown Master Plan, and the North Temple Boulevard Master
Plan by simplifying and clarifying the code language for design standards that apply to parking
garages and clarifying regulations for parking lots in the Downtown and Gateway zoning
districts. These amendments will maintain the overarching intent to make downtown a walkable,
pedestrian-friendly urban environment, while accommodating auto-oriented uses, and will ensure
a consistent design outcome for new proposals in the downtown zoning districts.
PUBLIC PROCESS:
Text amendments must comply with the early notification process in 21A.10. The following is a
list of public input opportunities related to the proposed text amendment:
• The Planning Division provided a 45-day comment period (February 6th – March 23rd,
2025) to all registered community organizations in the city.
• An online open house was posted to the Planning Division’s webpage on February 18th,
2025, and will remain open until the City Council has made a decision on the proposal.
• The Planning Commission held a public hearing on the proposal at their regular meeting
on March 23rd, 2025. The Planning Commission forwarded a unanimous positive
recommendation to the City Council to adopt the proposed amendment.
Planning Commission (PC) Records
a) PC Agenda for March 26th, 2025 Meeting
b) PC Minutes for March 26th, 2025 Meeting
c) Planning Commission Staff Report
EXHIBITS:
1. Ordinance
2. Project Chronology
3. Notice of City Council Public Hearing
4. Memo Initiating the Petition
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1. ORDINANCE
1
Project Title: Parking Regulations in the Downtown Zoning
Districts
Petition No.: PLNPCM2025-00008
Version: Planning Commission Draft v.3
Date Prepared: 5/29/25
Planning Commission Action: 3/26/25
This proposed ordinance makes the following amendments (for summary purposes only):
• Modifies Subsection 21A.30.010.E to amend the requirements for parking lots in the downtown
zoning districts.
• Deletes Section 21A.30.070 to remove obsolete development review steps for downtown zoning
districts.
• Modifies Subsection 21A.31.010. H to remove redundant design standards for parking garages in
the gateway zone, delete obsolete review process requirements, and add language to amend the
requirements for surface parking lots.
• Amends the qualifying provisions for Table 21A.33.050 Table of Permitted and Conditional Uses
for Downtown Districts by removing footnote 7, and the qualifying provisions for Table
21A.33.060 Table of Permitted and Conditional Uses for the Gateway District by removing
footnote 3. These footnotes indicate the Design Review process is required and were added by
Ordinance 66 of 2013 which created the Land Use Chapters of the city code. At the time the
Design Review process was a ‘conditional building and site design review’ to supplement a site
plan review. This is inconsistent with the current Design Review process and the reference is now
obsolete.
• Amends the qualifying provisions for Table 21A.33.050 Table of Permitted and Conditional Uses
for Downtown Districts by amending footnote 19 to be consistent with the amended standards in
21A.30.010.E.
• Amends the qualifying provisions for Table 21A.33.060 Table of Permitted and Conditional Uses
for Table of Permitted and Conditional Uses in the Gateway District by amending footnote 3 to
add language that is consistent with the amended standards in 21A.31.010.H.
• Amend 21A.37.050.C.2 to clarify upper floor glass requirements for parking garages.
• Amend 21A.37.050.L to clarify the design standards that apply to parking garages for upper level
building materials and below ground parking facilities.
• Amends 21A.37.060.D to delete footnote 1 and 2 to remove redundant and conflicting parking
regulations in the downtown and the G-MU zoning districts.
• Amends Subsection 21A.44.020.B to delete reference to zoning district specific requirements in
Subsection 21A.44.060.B. This section is being deleted with this text amendment.
• Amends Subsection 21A.44.060.A.6.b.(5) to add additional standards for driveways and drive
approaches in the downtown zoning districts.
• Deletes Subsection 21A.44.060.B.1.b to remove zone specific location and design standards for
parking garages in the D-1, D-3, D-4, and G-MU zoning districts. These standards are redundant
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___5/29/25____________________
By: __/s/ Courtney Lords_____________
Courtney Lords, Senior City Attorney
2
and are being consolidated into the base zoning district code sections or 21A.37 Design
Standards.
• Amends the heading of subsection 21A.44.060.C by updating the alphanumerical prefix because
the previous section is proposed to be deleted.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of
the Planning Commission recommendation are highlighted in yellow. All other text is existing with no
proposed change.
Planning Note: The proposed text amendment relies on the adoption of the Commercial and Mixed-Use
Zoning District Consolidation text amendment, which is currently pending adoption by the City Council.
If the Commercial and Mixed-Use District Consolidation proposal is not adopted or if the proposed text
amendment language is modified, the substance of the proposed language in this text amendment would
remain largely unchanged, though the affected sections of the code may differ.
If adopted by the City Council, the Salt Lake City Council ordains the following, in substantial
compliance with the following:
1. Amends the text of Subsection 21A.30.010.E. That section of 21A.30.010.E of the Salt Lake City Code 1
(Zoning: Downtown Districts: General Provisions: Restrictions on Parking Lots and Structures) shall 2
be and hereby is amended for subsection E and listed standards ‘1,’ 2,’ ‘3,’ and ‘4,’ which shall 3
appear in numerical order and read as follows: 4
E. Restrictions on Parking Lots and Structures: An excessive amount of at or above ground parking 5
lots and structures can negatively impact the urban design objectives of the Downtown zoning 6
districts. To control such impacts, the following regulations apply to surface parking lots and 7
above grade structures: 8
1. A parking lot shall only be allowed when associated with a building on the property. Parking 9
shall be located behind principal buildings or incorporated into the principal building 10
provided the parking is wrapped on street facing facades with a use allowed in the zone other 11
than parking. 12
2. A parking lot shall not consist of more than two double-loaded parking aisles (bays) adjacent 13
to each other. The length of a parking lot shall not exceed ten (10) stalls. Parking for 14
government facilities necessary for public health and safety are exempt from this provision. 15
be located behind or to the side of a building. Parking lots located to the side of a building 16
shall: 17
a. Be setback a minimum of 25 feet from the front or corner side lot line. The 25 foot 18
setback shall be considered a landscaped yard subject to the requirements of landscaped 19
yards in 21A.48. 20
b. Be limited to a single parking row and aisle. 21
3
Illustration of Regulation 21A.30.010.E.2 Surface Restrictions on Parking Lots 22
23
24
25
4
26
3. A parking lot shall have a maximum of 40 parking stalls. Parking lots, garages or parking 27
structures, proposed as the only principal use on a property that has frontage on a public street 28
and that would result in a building demolition are prohibited in the Downtown zoning 29
districts. 30
4. A parking lot for government facilities necessary for public health and safety are exempt from 31
the parking lot restrictions in this subsection. No special restrictions shall apply to 32
belowground parking facilities. 33
2. Deletes Section 21A.30.070 as follows: 34
21A.30.070: DOWNTOWN DISTRICTS DEVELOPMENT APPROVAL PROCESS 35
5
36
37
3. Amends the text of Subsection 21A.31.010.H. That section of 21A.31.010.H of the Salt Lake City 38
Code (Zoning: Gateway District: General Provisions: Parking) shall be and hereby is amended 39
for subsection H and listed standards ‘1,’ 2,’ ‘3,’ and ‘4,’ which shall appear in numerical order 40
and read as follows: 41
H. Restrictions on Parking Lots: An excessive amount of parking lots can negatively impact the 42
urban design objectives of the Gateway zoning district. To control such impacts, the following 43
regulations apply to parking lots. 44
1. A parking lot shall only be allowed when associated with a building on the property. 45
Belowground Parking Facilities: No special design and setback restrictions shall apply to 46
belowground parking facilities. 47
2. A parking lot shall be located behind or to the side of the building. Parking lots located to the 48
side of the building shall: Landscape Requirements: Surface parking lots shall have a landscaped 49
6
setback of at least twenty feet (20') and meet interior landscaped requirements as outlined in 50
Chapter 21A.48 of this title. 51
a. Be setback a minimum of 25 feet from the front or corner side lot line. The 25 foot 52
setback shall be considered a landscaped yard subject to the requirements of landscaped 53
yards in 21A.48. 54
b. Be limited to a single parking row and aisle. 55
Illustration of Regulation 21A.31.010.H.2 Surface Parking Lots 56
57
58
7
59
3. A parking lot shall have a maximum of 40 parking stalls. Design Review Approval: A 60
modification to the restrictions on parking lots and structures provisions of this section may be 61
granted through the design review process, subject to conformance with the standards and 62
procedures of Chapter 21A.59 of this title. Such conditional uses shall also be subject to urban 63
design evaluation. 64
4. A parking lot for government facilities necessary for public health and safety are exempt from 65
the parking lot restrictions in this subsection. Parking structures shall conform to the requirements 66
set forth in Chapter 21A.37 of this title. 67
4. Amends the text of the Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the 68
Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for 69
Downtown Districts) shall be and is hereby amended only for the use categories “Bus line 70
station/terminal", “Gas station”, “Open space”, “Automobile repair (major)”, and “Automobile 71
repair (minor)”, in the Table of Permitted and Conditional Uses for Downtown Districts, in 72
alphabetical order with other use categories in the table, which use category shall read and 73
appear in that table as follows: 74
21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 75
DISTRICTS: 76
Legend: C = Conditional P = Permitted
77
Use Permitted And Conditional Uses By District
D-1 D-2 D-3 D-4
8
Bus line
station/terminal
P7 P7 P7 P7
Gas station P P7 P7
Open space P7 P7 P7 P7
Automobile repair
(major)
P P7 P7
Automobile repair
(minor)
P P7 P7
78
5. Amends the text of Salt Lake City Code Section 21A.33.050. That the “Qualifying Provisions” of 79
Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 80
Conditional Uses for Downtown Districts) shall be and hereby is amended only for qualifying 81
provisions “7” and “19” which shall appear in numerical order with the other qualifying 82
provisions and read as follows: 83
Qualifying provisions: 84
7. Subject to conformance with the provisions of chapter 21A.59, "Design Review", of 85
this title. Reserved. 86
19. Parking lots, garages or parking structures, proposed as the only principal use on a 87
property that has frontage on a public street that would result in a building demolition are 88
prohibited s Subject to the provisions of Subsection 21A.30.010.E.F.3. 89
6. Amends the text of the Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the 90
Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the 91
Gateway) shall be and hereby amended only for the following use categories; “Bus line 92
station/terminal", “Parking, commercial”, “Parking, Off site”, “Parking, park and ride lot”, 93
“Parking, park and ride lot shared with existing use”, and “Storage, self”, in the Table of 94
Permitted and Conditional Uses for the Gateway District, in alphabetical order with other use 95
categories in the table, which use category shall read and appear in that table as follows: 96
97
21A.33.060: TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY 98
DISTRICT: 99
100
Legend: C
=
Conditional P = Permitted
101
Use G-MU
Bus line station/terminal P3
9
Parking
Commercial10 C3
Off site10 P3
Park and ride lot10 C3
Park and ride lot shared with existing use10 P3
Storage, self P3
102
7. Amends the text of Salt Lake City Code Section 21A.33.060. That the “Qualifying Provisions” of 103
Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 104
Conditional Uses for the Gateway District) shall be and hereby is amended for qualifying 105
provisions “3” which shall appear in numerical order with the other qualifying provisions and 106
read as follows: 107
Qualifying provisions: 108
3. Subject to conformance with the provisions of chapter 21A.59, "Design Review", of this 109
title. Subject to the provisions of Subsection 21A.31.010.H. 110
8. Amends the text of Salt Lake City Code Section 21A.37.050.C. That Section 21A.37.050.C of the 111
Salt Lake City Code (Design Standards: Design Standards Defined: Glass) shall be and hereby is 112
amended for listed standard ‘2’ which shall appear in numerical order with the other listed 113
standards and read as follows: 114
2. Upper Floor Glass: Above the first floor of any multi -story building, the surface area of the 115
facade of each floor facing a street must contain a minimum percentage of glass according to 116
Table 21A.37.060. Portions of a building that are used for parking garages in accordance with 117
21A.37.050.L, are exempt from this requirement. The planning director may approve a 118
modification to upper floor glass requirements if the planning director finds: 119
9. Amends the text of Salt Lake City Code Section 21A.37.050.L. That Section 21A.37.050.L of the 120
Salt Lake City Code (Design Standards: Design Standards Defined: Parking Garages or 121
Structures) shall be and hereby is amended for listed standard ‘1’ and ‘9’ which shall appear in 122
numerical order with the other listed standards and read as follows: 123
1. Parking structures shall be have an external skin designed to conceal the view of all parked cars 124
and drive ramps and improve visual character when adjacent to a public street or other public 125
space. In addition to the materials authorized in 21A.37.050.B.4, allowed materials Examples 126
include heavy gauge metal screen, precast concrete panels, live green or landscaped walls, 127
laminated or safety glass, decorative panels, or other materials matching the building materials 128
and character of the principal building. The planning director may approve other materials not 129
listed if the materials are in keeping with the nature of the parking structure. If parking is 130
included on floors above the ground floor, a minimum of 50% of the surface area of the facade 131
of each floor facing a street shall be wrapped in solid materials 132
10
9. No special design and setback restrictions shall apply to below ground parking facilities. 133
10. Amends the text of the Salt Lake City Code Section 21A.37.060.D. That Section 21A.37.060.D. of 134
the Salt Lake City Code (Zoning: Design Standards: Design Standards Required in Each Zoning 135
District: Downtown and Gateway Districts) shall be and hereby is amended only for the 136
following design standard categories by deleting footnotes associated therewith; Building 137
materials: ground floor (%), Building materials: upper floors (%), and Parking garages or 138
structures, in the table for Design Standards Required in Each Zoning District for the Downtown 139
and Gateway Districts, listed with other design standards in the table, which design standards 140
category shall read and appear in that table as follows: 141
Standard
(Code Section)
District
D-1 D-2 D-3 D-4 G-
MU
Building materials: ground floor (%) (21A.37.050.B.3) 70 80 701 70 70
Building materials: upper floors (%) (21A.37.050.B.4) 50 50 701 50 50
Parking garages or structures (21A.37.050.L) X2 X2 X X X2
11. Amends the text of Salt Lake City Code Section 21A.37.060.D. That Section 21A.37.060.D of the 142
Salt Lake City Code (Design Standards: Design Standards Required in Each Zoning District: 143
Downtown and Gateway Districts: Notes) shall be and is hereby amended by deleting Notes, ‘1’ 144
and ‘2’ as follows: 145
Notes: 146
1. In the D-3 Zoning District this percentage applies to all sides of the building, not just the 147
front or street facing facade. 148
2. Parking structures shall be located behind principal buildings. This requirement may be 149
modified so that structures may be located at least 15' from front and corner side lot lines if a 150
minimum of 75% of the ground floor adjacent to a sidewalk is used for retail goods/service 151
establishments, office and/or restaurant space to encourage pedestrian activity. The facades of 152
the ground floor shall be designed to be compatible and consistent with the associated retail 153
or office portion of the building and other retail uses in the area. 154
12. Amends Subsection 21A.44.020.B as follows: 155
B. Location and Design: Section 21A.44.060, "Parking Location and Design", shall apply to all 156
vehicle parking, bicycle parking, loading, and drive-through facilities, regardless of whether the 157
project is subject to the requirements for additional parking spaces or other facilities pursuant to 158
Subsection 21A.44.020.A above. Parking garages are subject to design standards found in 159
Chapter 21A.37 and zoning district specific requirements. found in Subsection 21A.44.060.B. 160
13. Amends the text of Salt Lake City Code Section 21A.44.060.A.6.b.(5). That Section 161
21A.44.060.A.6.b.(5) of the Salt Lake City Code (Off Street Parking, Mobility and Loading: 162
Parking Location and Design: Driveways and Drive Approaches) shall be and hereby is amended 163
for listed standard “(5)” which shall appear in numerical order with the other listed standards 164
11
and read as follows: 165
(5) Distance from street corners: Driveways and drive approaches for Single and Two-166
Family Dwellings shall be located at least 20 feet from street corner property lines. Driveways 167
and drive approaches for all other uses shall be at least 50 feet from street corner property lines. 168
Driveways and drive approaches in the D-1, D-2, D-3, D-4, and G-MU Zoning Districts shall be 169
located to the side of the building or as far from the street corner as possible. The driveway 170
location may be modified by the planning director if complying with this provision creates a 171
conflict with the location of an existing street tree or other public infrastructure. When the width 172
of the lot is less than the required distance, the transportation director may approve modifications 173
no greater than the minimum necessary to accommodate the driveway and drive approach. 174
14. Deletes Subsection 21A.44.060.B Zone Specific Location and Design Standards: 175
B. Zone Specific Location and Design Standards: 176
1. D-1, D-3, D-4, and G-MU Zoning Districts: The following regulations shall apply to 177
surface or above-ground parking facilities. No special design and setback restrictions shall apply 178
to below-ground parking facilities. 179
a. Above-ground parking facilities located within the block corner areas and on Main 180
Street, shall be located behind principal buildings and: 181
(1) All above-ground parking facilities that front a street shall contain uses other than 182
parking along the entire length of the building façade and along all stories or levels of the 183
building. 184
(2) Drive approaches and driveways shall be located to the side of the building or as far 185
from the street corner as possible unless further restricted by this title. 186
b. Parking garages shall meet the following: 187
(1) Retail goods/service establishments, offices and/or restaurants shall be provided on 188
the first floor adjacent to the front or corner side lot line. The facades of such first 189
floors shall be compatible and consistent with the associated retail or office portion of 190
the building and other retail uses in the area. 191
(2) Levels of parking above the first level facing the front or corner side lot line shall 192
have floors and/or facades that are horizontal, not sloped. 193
(3) Landscape Requirements: Surface parking lots, where allowed shall have a minimum 194
landscaped yard of fifteen feet (15') and shall meet interior parking lot landscaping 195
requirements as outlined in Chapter 21A.48, "Landscaping and Buffers". 196
2. Modifications to the standards of this Subsection may be granted through the design 197
review process, subject to conformance with the standards and procedures of Chapter 198
21A.59: Design Review. 199
15. Amends the text of 21A.44.060.C. That the heading of subsection 21A.44.060.C of the Salt Lake 200
12
City Code (Off Street Parking, Mobility and Loading: Parking Location and Design) shall be and 201
hereby is amended for the heading only, which shall appear as the heading of this section with 202
the listed standards appearing in numerical order after. 203
C. B. Recreational Vehicle Parking: 204
Effective Date: This ordinance, if passed, shall become effective on the date of its first publication and
shall be recorded with the Salt Lake City Recorder. [The Salt Lake City Recorder is instructed to not
publish this ordinance until the condition set forth in Section 2 is satisfied as certified by the Salt Lake
City Planning Director or his designee.]
Is there a penalty for violating this ordinance? If so, please state penalty or reference another ordinance
that prescribes the penalty here. _________________________________________
___________________________________________________________________________.
If penalty for violation includes possibility of imprisonment, include the following statement:
Per Section 78B-22-301 of the Utah Code, Salt Lake City shall provide for indigent defense services, as
that term is defined in 78B-22-102 of the Utah Code.
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
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2. PROJECT
CHRONOLOGY
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
PROJECT CHRONOLOGY
Petition: PLNPCM2025-00008
January 6th, 2025 Application for a Zoning Map Amendment was received.
Petition PLNPCM2025-00008 was assigned to Rylee Hall, Principal
Planner, for staff analysis and processing.
February 6th, 2025 Notice to solicit comment was sent to all registered recognized
organizations in the city, starting the 45-day required early engagement
period
February 18, 2025 The proposal was posted to the Planning Division’s online open house
webpage and will remain posted until a decision has been made by the
City Council to adopt or deny the proposed zoning text changes.
March 12, 2025 Public hearing notice sign with project information and notice of the
Planning Commission public hearing physically posted at the Main
Library.
March 14, 2025 Planning Staff posted notices on City and State websites and sent notices
via the Planning list serve for the Planning Commission meeting.
March 17, 2025 Staff Planner attended a neighborhood meeting facilitated by the Sugar
House Community Council, to answer questions and address concerns
about the proposal.
March 21, 2025 Planning Commission Staff Report was posted to the Planning Division’s
website.
March 23, 2025 The 45-day early engagement period to receive comments from the
recognized organizations expired.
March 26, 2025 Planning Commission held a public hearing and made a recommendation
to the City Council to approve the proposed text amendment.
April 21, 2025 Requested Final Draft of Ordinance from Attorney’s Office
June 3, 2025 Final Draft of Ordinance received from Attorney’s Office
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3. NOTICE OF CITY COUNCIL PUBLIC
HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2025-00008 – Zoning Text
Amendment - Parking Regulations in the Downtown Zoning Districts – Mayor Mendenhall
has initiated a petition to amend the parking regulations in the Downtown and Gateway zoning
districts. Specifically, the amendment seeks to consolidate the design standards for parking uses
into one location of code, making it more user friendly and eliminating potential code conflicts.
The proposal is a citywide text amendment that will affect the D-1, D-2, D-3, D-4, and G-MU
zoning district regulations. Related provisions of Title 21A may also be amended as part of this
petition.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During the hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance the same night as the public hearing. The hearing will be held:
DATE:
TIME:
PLACE: Electronic and in-person options.
451 South State Street, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing for an in -person
opportunity to attend or participate in the hearing at the City and County Building, located at
451 South State Street, Room 326, Salt Lake City, Utah. For more information, including
WebEx connection information, please visit www.slc.gov/council/virtual-meetings. Comments
may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an
email to council.comments@slc.gov. All comments received through any source are shared
with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please contact
Rylee Hall at 801-535-6308 or by e-mail at rylee.hall@slc.gov. The application details can be
accessed at https://aca-prod.accela.com/SLCREF/Default.aspx, by selecting the “Planning” tab
and entering the petition number PLNPCM2025-00008.
People with disabilities may make requests for reasonable accommodation no later than 48 hours
in advance in order to participate in this hearing. Please make requests at least two business days
in advance. To make a request, please contact the City Council Office at
council.comments@slc.gov , 801-535-7600, or relay service 711.
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4. MEMO INITIATION
PETITION
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Item B3
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Michael Sanders
Budget & Policy Analyst
DATE:August 12, 2025
RE:Ordinance Amending Chapter 11.14 related to administrative citations for unruly parties, gatherings or
events on private property
MOTION 1 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
MOTION 2 (close and adopt (if the Council would like to adopt tonight))
I move that the Council close the public hearing and adopt the ordinance.
MOTION 3 (continue hearing)
I move that the Council continue the public hearing to a future Council meeting.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
www.slc.gov/council/
TO:City Council Members
FROM: Michael Sanders
Budget & Policy Analyst
DATE:July 08, 2025
RE:ORDINANCE AMENDMENT OF CHAPTER 11.14 PARTIES, GATHERINGS, OR EVENTS
ISSUE AT-A-GLANCE
The Administration is proposing an ordinance change which would introduce a civil enforcement remedy for the
City to respond to unruly parties, gatherings, or events. These are defined as events involving three or more
people near a residence that result in observed law violations, public disturbances, or blocked public ways.
The proposal would authorize administrative citations with a $1,000 civil fine issued to the property owner after
a prior warning.
The proposed amendments also authorize the use of non-sworn Police Department personnel to respond to such
incidents. This will help reduce strain on sworn police officer resources while improving public safety and
neighborhood quality of life.
The Council is being asked to amend the City Code by ordinance to achieve the above purposes. No public
hearing is required.
Goal of the briefing: Prepare to consider the ordinance at the August 12, 2025, Formal Meeting.
NEW INFORMATION
The Police Department sent over the below procedure regarding unruly party reporting and response.
1. If an individual wishes to report an unruly party, they should typically contact the non-emergency line.
a) If there is a fight in progress at a party, they should contact the emergency line.
2. The standard response will be on duty available patrol officers.
a) If patrol officers are not available PCRT will be asked to respond to document the party.
3. When a caller calls, they can expect to be asked standard loud party questions:
a) Location, number of involved people, are minors are on scene, etc.
b) As stated above, on duty patrol will respond if available.
c) When an officer responds a caller should expect to be contacted by the responding officer and
updated on the police response
POLICY QUESTIONS
Page | 3
1. The proposal permits non-sworn Police Department personnel to respond to, and identify/document
unruly parties, gatherings, and events. The Council may wish to ask the Administration if other relevant
personnel should be considered to also be able to respond, such as those from Code Enforcement.
2. The Council may wish to ask if the Administration how this ordinance will affect the Police Department’s
operational, staffing, and overtime needs.
3. The Council may wish to ask the Administration if there are any potential changes to the Good Landlord
Program that could incentivize adherence to the ordinance.
4. The Council may wish to consider asking the Administration to engage stakeholders such as the Rental
Housing Association of Utah or other key stakeholders.
ADDITIONAL & BACKGROUND INFORMATION
By issuing fines directly to property owners, the proposal will alleviate some of the demands on resources
needed to respond to unruly parties, gatherings, and events. This approach is expected to discourage such
violations on private property and encourage property owners rather than the City to address tenant behavior
that has a negative impact on neighborhoods.
Definition of an Unruly Party, Gathering, or Event
The proposed ordinance defines an unruly party, gathering, or event as:
Three (3) or more people assembled on or within 600 feet of any residential property where a member of the
Police Department observes
a) one or more violations of law;
b) the party, gathering, or event disturbing the public peace, health, safety or welfare of the surrounding
community due to the magnitude of the crowd, noise, illegal activity, fighting, littering, public urination
or defecation or other disturbance; or
c) the party, gathering or event causing the obstruction of public ways by crowds or vehicles.
Consolidated Fee Schedule
Previously, there were fees in the Consolidated Fee Schedule (CFS) charged to “Any person hosting a party,
gathering, or event” to which a police officer responds. It was found that it is difficult to levy these fees on a host
as during such unruly parities, there are often hundreds of participants none of which identify as a host. These
fees were eliminated as part of the FY2026 Budget CFS updates approved by the Council on June 10, 2025. This
proposal will replace the eliminated CFS fee with a $1,000 civil fine issued to the owner of the property.
Civil Fines
This approach is expected to discourage unruly party violations on private property and encourage property
owners to manage tenant behavior in the case of rental properties. The proposal establishes a 365-day timeframe
for issuing fines following a warning for a first violation. Once a warning is issued, if another unruly party occurs
within the 365-day period, the property owner will face a $1,000 civil fine for each violation.
For example, if a property located at 123 Sanders Street was the site of an unruly party on June 1, 2025, the City
would issue a formal warning to the property owner. If a second unruly party occurs at the same property on or
before May 31, 2026, the City would issue a $1,000 civil fine to the property owner. Each additional violation
within that 365-day window would result in another $1,000 fine.
Any member of the police department
The proposed ordinance authorizes any member of the Police Department to observe and determine whether an
unruly party is occurring. This provision would allow non-sworn personnel, such as Police Community
Responders, to respond by identifying and documenting violations. By enabling Police Community Responders
to collect evidence and initiate the enforcement process, the ordinance helps conserve the time and resources of
sworn officers, allowing them to focus on higher-priority or emergency calls.
Page | 4
Other types of crimes will still be enforced upon
The proposed ordinance does not exempt party hosts or attendees of their responsibility to comply with other
applicable laws. It explicitly states that “nothing in this chapter shall be construed to prevent the arrest or
citation of individual violators of any other criminal or civil regulations, ordinances, or laws.” This means that
while the ordinance targets property owners for hosting or allowing unruly parties, individuals present at such
events can still be held accountable for separate violations.
For example, partygoers may be cited for infractions related to noise control, illegal parking, underage drinking,
or other disturbances covered under existing sections of the City Code. This provision ensures that enforcement
efforts remain comprehensive and do not limit the ability of officers to address broader public safety and
quality-of-life concerns that often accompany large, disorderly gatherings.
In the case that an unruly party occurs at a rental property owned by an LLC without a clear, public-facing
individual, the Administration has stated that civil citations will be issued to the property owner(s) of record. In
the case of an LLC, the citation would be directed to the LLC itself. If the property is managed by a third-party
management company, enforcement would still be directed to the owner(s) of record rather than the
management company.
There are possibilities that this ordinance could unintentionally lead landlords to raise rents or preemptively
evict tenants they perceive as high-risk, particularly younger tenants, students, or individuals from historically
marginalized communities. The Administration has noted that there is no current evidence to suggest that the
ordinance would broadly incentivize such actions. The ordinance is intentionally structured to issue a warning
for the first violation, to provide property owners an opportunity to address issues before any fines are imposed.
The decision to set the fine at $1,000 was driven by the need to establish a meaningful and effective deterrent.
Historically, some property owners—including fraternities and other frequent party hosts—have treated lower
fines as a manageable cost of doing business, in some cases budgeting for them in advance as part of event
planning. Setting the fine at the maximum allowable amount is intended to disrupt that dynamic by increasing
the financial consequence of repeated police responses. The goal is to shift behavior by encouraging greater
accountability from property owners and reducing the frequency of large, disruptive gatherings that require
public safety resources.
Generally, State Code limits municipalities from levying civil fines exceeding the maximum Class B
misdemeanor fine which current maximum is $1,000.
This ordinance will have a companion ordinance which will amend Chapters 2.75 and 2.59 (among others), to
which create the necessary administrative appeal process for all types of civil citations excluding zoning/building
code violations issued by the City. Additionally, a forthcoming nuisance ordinance will introduce nuisance
enforcement proceedings for repeated violations which may lead to enhanced penalties for property owners.
The Administration has provided the following table regarding the past three years of loud party citations:
Page | 4
Council Staff has summarized key points from the table below:
Page | 5
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
01/02/2025
Date Sent to Council:
01/17/2025
From:
Department *
Police
Employee Name:
Cluff, Andrew
E-mail
Andrew.Cluff@slc.gov
Department Director Signature
Director Signed Date
01/16/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
01/17/2025
Subject:
Ordinance Amendment of Chapter 11.14 Parties, Gatherings, or Events
Additional Staff Contact:
Mike Brown - Mike.brown@slc.govAndrew Cluff - Andrew.cluff@slc.govHannah Vickery - Hannah.Vickery@slc.govArturo Garcia - Arutro.garcia@slc.gov
Presenters/Staff Table
Chief Mike Brown - Mike.brown@slc.govCommander Andrew Cluff - Andrew.cluff@slc.gov
Document Type
Ordinance
Budget Impact?
Yes
No
Budget Impact:
This ordinance creates a civil enforcement tool for the City to address unruly parties, gatherings, and events and its purpose is to address this behavior occurring on private property within the City. Such enforcement will occur through the imposition of a civil penalty.
Recommendation:
The Police Department in cooperation with City Finance recommends the Adoption of changes/edits to the current 11.14 ordinance and associated consolidated fee schedule.
Background/Discussion
The Salt Lake City Police Department in coordination with the Department of Finance is requesting amendments to the existing Chapter 11.14 of the city code regarding parties, gatherings, and events. The proposed changes eliminate the current service fee structure associated with police officer response to certain parties, gatherings, and events and replace it with a civil enforcement remedy for the City. The proposed revisions will prohibit on private property any “unruly party, gathering, or event,” defined as three or more people assembled on or within 600 feet of any residential property where a member of the Police Department observes a) one or more violations of law; b) the party, gathering, or event disturbing the public peace, health safety or welfare of the surrounding community due to the magnitude of the crowd, noise, illegal activity, fighting, littering, public urination or defecation or other disturbance; or c) the party, gathering or event causing the obstruction of public ways by crowds or vehicles. Violations will be enforceable through an administrative citation imposing a $1,000 civil fine against a private property owner following notice of the occurrence of a prior “unruly party, gathering, or event” on their property. It is common for hosts or residents of a property hosting an unruly party, gathering, or event, to be unidentified by law enforcement at the time of contact, resulting in ongoing disruptions to the community with limited recourse from the City. This amendment proposes an initial warning to the registered property owner, followed by a civil fine of $1,000 for each subsequent violation within a 365 day timefr ame, issued directly to the property owner. Furthermore, this ordinance will allow the Police Department to deploy non-sworn members in response to calls for service to these unruly parties, gatherings, or events. By making violations enforceable against property owners, this approach aims to relieve some of the resource
demands associated with responding to such calls, enabling the Police Department to allocate resources more effectively while disincentivizing this behavior on private property. In considering this proposed ordinance, the City Council will also need to simultaneously consider a companion ordinance amending Chapters 2.75 and 2.59 (along with many other sections), which creates the necessary administrative appeal process for all types of civil citations issued by the City (not including zoning/building code violations). Establishing this new administrative appeal process is essential prior to implementation of the civil remedies proposed in this unruly party ordinance. These proposed changes were drafted in cooperation with City Finance, and the City Attorney’s Office.Attachment #1: Ordinance amending Chapter 11.14 (Legislative with edits).pdfAttachment #2: Ordinance amending Chapter 11.14 (Legislative Clean Draft).pdfAttachment #3: Amended Salt Lake City Consolidated Fee Schedule.pdf
Will there need to be a public hearing for this item?*
Yes
No
Public Process
At the City Council’s discretion, they may decide to hold a public hearing but one is not required. The City Council will be considering these code amendments for the first time. This draft ordinance proposes to amend Chapter 11.14 of the Salt Lake City Code. A vote by the City Council is all that is required.
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LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 202__ 2
3
(Amending Chapter 11.14 related to administrative citations for unruly parties, gatherings or 4
events on private property) 5
6
An ordinance amending Chapter 11.14 of the Salt Lake City Code to establish an 7
administrative fine for unruly parties, gatherings or events on private property after notice to the 8
property owner. 9
WHEREAS, unruly parties, gatherings and events on private property disturb the public 10
peace, safety and welfare of the community; and 11
WHEREAS, such unruly parties, gatherings and events require undue law enforcement 12
response in order to restore the public peace and safety; and 13
WHEREAS, the city has a significant interest in avoiding the unnecessary use of law 14
enforcement resources on unruly parties, events, and gatherings at the expense of more critical 15
public safety needs; and 16
WHEREAS, private property owners should bear primary responsibility for ensuring that 17
their property is not used for unruly parties, gatherings, or events; and 18
WHEREAS, after a public hearing on this matter the Salt Lake City Council has 19
determined that adopting this ordinance is in the city’s best interests. 20
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, 21
as follows: 22
SECTION 1. Amending the text of Salt Lake City Code Chapter 11.14. That Chapter 23
11.14 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 24
LEGISLATIVE DRAFT
CHAPTER 11.14 25
UNRULY PARTIES, GATHERINGS OR EVENTS 26
27
11.14.010: PURPOSE AND INTENT 28
The City Council finds that unruly parties, gatherings, and events on private property within the 29
City disturb the public peace, safety, and welfare of the community and impose an unreasonable 30
burden on law enforcement resources. It is in the best interest of the City that property owners, 31
upon notice from the City, cause their properties to no longer be used for unruly parties, 32
gatherings, and events. The provisions of this Section shall not be interpreted to substantially 33
burden a person’s exercise of religion or speech, unless it is to serve a compelling governmental 34
interest and the least restrictive means of furthering that compelling governmental interest is 35
employed. 36
37
11.14.0210: DEFINITIONS: 38
39
The following words, phrases and terms as used in this chapter shall have the meanings for this 40
chapter as indicated below: 41
42
HOST: A. The person having an ownership or leasehold interest in the premises; or 43
B. A person who resides at or occupies the premises in any capacity, other than as a 44
mere guest at the party, gathering or event; or 45
C. The person in charge of the premises; or 46
D. The person who organized the party, gathering or event; or 47
E. The person who gave permission to hold the party, gathering or event on the 48
premises; 49
F. If the party is hosted by an organization, either incorporated or unincorporated, the 50
term "host" includes the officers of the organization; 51
G. If the host is a minor under eighteen (18) years of age, the term "host" includes the 52
parent or parents or legal guardians of the minor, whether or not they are present at the premises. 53
54
NOISE DISTURBANCE: As defined in section 9.28.020 of this code. 55
56
PARTY, GATHERING, OR EVENT: Three (3) or more people assembled for a social activity 57
where: a) alcoholic beverages have been or are being consumed contrary to law, b) substances 58
regulated by the Utah controlled substances act are used by any person, or c) the noise from the 59
party, gathering, or event makes a noise disturbance. 60
61
PREMISES: The property at which an unruly party, gathering, or event occurs. 62
63
SERVICES FEE: The fee imposed by this chapter, calculated to cover, without limitation, 64
related police department costs and reasonable attorney fees. 65
66
UNRULY PARTY, GATHERING, OR EVENT: Three (3) or more people assembled on or 67
within 600 feet of any residential property where a member of the Police Department observes a) 68
one or more violations of law; b) the party, gathering, or event disturbing the public peace, 69
LEGISLATIVE DRAFT
health, safety or welfare of the surrounding community due to the magnitude of the crowd, noise, 70
illegal activity, fighting, littering, public urination or defecation or other disturbance; or c) the 71
party, gathering or event causing the obstruction of public ways by crowds or vehicles. 72
73
11.14.020: SERVICES FEES: 74
75
A. Any person hosting a party, gathering, or event within the city may be liable for 76
services fees. Any services fee may be in addition to such other costs and penalties as may be 77
provided in this code. 78
79
B. A services fee is owed for each time a police officer responds to a call or otherwise 80
arrives at a premises to deal with a party, gathering, or event. The amount of the fees and the 81
persons owing the fees are as follows: 82
83
1. For nonrental property, the owner of the premises shall owe the fee shown on the 84
Salt Lake City consolidated fee schedule for each visit of one or more police officers; 85
2. For rental property, the renters shall owe the fee shown on the Salt Lake City 86
consolidated fee schedule for each visit of one or more police officers; in addition, the owner of 87
the premises shall owe the fee shown on the Salt Lake City consolidated fee schedule for the 88
third visit and the fee shown on the Salt Lake City consolidated fee schedule for any additional 89
visits of one or more police officers during any three hundred sixty five (365) day period. 90
91
C. All services fees assessed under this chapter shall be due and payable within three 92
(3) business days after the date a written notice of the services fee is sent to the person against 93
whom the services fee is assessed. Any services fee paid within thirty (30) days after the due date 94
shall be reduced by fifty dollars ($50.00). Any services fee paid more than thirty (30) days but 95
less than sixty (60) days after the due date shall be reduced by twenty five dollars ($25.00). Any 96
services fee paid more than sixty (60) days after the due date shall not be reduced. If any services 97
fee is not paid within ninety (90) days after the due date, the city may use such lawful means as 98
are available to collect such services fee. If the city files an action in court to recover such 99
services fee, the city shall be entitled to recovery of its court costs, prejudgment interest, and 100
attorney fees in addition to the services fee due and owing. 101
102
11.14.030: RECOVERY OF ACTUAL COSTSCITATION AFTER NOTICE: 103
104
In addition to the services fees described in section 11.14.020 of this chapter, the city reserves 105
the right to seek reimbursement for actual costs that exceed the stated services fee, through other 106
legal theories, remedies, or procedures. 107
A. Every private property owner shall have a duty to properly manage their property 108
to prevent the occurrence of an unruly party, gathering, or event. 109
B. It is a violation of this Chapter for there to be an unruly party, gathering, or event 110
at any private property in the City. Civil penalties for violations of this Chapter shall be imposed 111
against the owner of record of the premises in accordance with the procedures set forth in 112
Subsections C, D and E. This section creates no criminal penalty. 113
LEGISLATIVE DRAFT
C. If a member of the Police Department determines that an unruly party, gathering, 114
or event has occurred, a written warning notice shall be mailed to the property owner of record of 115
the premises. The notice shall identify the date, time and nature of the unruly party, gathering, or 116
event and shall notify the owner of record that if the Police Department responds to any 117
additional unruly party, gathering, or event at the premises within 365 days of the date of the 118
unruly party, gathering, or event that triggered the notice, an administrative citation shall be 119
issued. The notice shall direct the property owner to take steps to ensure that the premises are not 120
used for unruly parties, gatherings, or events. 121
D. When the Police Department responds to an unruly party, gathering, or event at 122
the same premises within 365 days of the date of any previous unruly party, gathering, or event 123
for which a warning notice under Subsection C was issued the property owner shall be issued an 124
administrative citation and a civil fine in the amount of $1000. However, such citation shall not 125
be issued until 14 days after mailing of the warning notice pursuant to Subsection C. Any 126
administrative citation issued under this Section shall serve to restart the 365 day period during 127
which future administrative citations may be issued without the obligation to mail a further 128
warning notice. 129
E. Any warning notice or administrative citation issued pursuant to this Section shall 130
be mailed to the last known address appearing in the records of the Salt Lake County Recorder. 131
132
11.14.040: THIS CHAPTER DOES NOT TO PRECLUDE OTHER APPROPRIATE 133
ACTION: 134
135
Nothing in this chapter shall be construed to prevent the arrest or citation of individual violators 136
of any other criminal or civil the state penal code or other regulations, ordinances, or laws. 137
138
11.14.050: ADMINISTRATIVE APPEALS: 139
140
A. A Salt Lake City justice court shall consider matters relating to services fees. 141
142
B. Any person having received notice of the assessment of a services fee may appear 143
before the Salt Lake City justice court and present and contest the alleged violation upon which 144
the services fee was based. 145
146
C. If the Salt Lake City justice court finds that no violation occurred and one or more of 147
the defenses set forth in this section is applicable, the justice court may dismiss the services fee 148
notice, release the defendant from liability for the services fee, or modify the services fee as 149
justice and equity may require. Such defenses are: 150
151
1. Wrong name and address on the services fee notice; 152
2. Compliance with the subject ordinances would have presented an imminent and 153
irreparable injury to persons or property; 154
3. Such other mitigating circumstances as may be shown by the appellant. 155
156
LEGISLATIVE DRAFT
D. If the Salt Lake City justice court finds that a services fee was properly imposed and 157
no applicable defense exists, the justice court may, in the interest of justice and on behalf of the 158
city, enter into an agreement for the timely or periodic payment of the services fee. 159
Any person issued an administrative citation pursuant to this Chapter shall be entitled to appeal 160
the same in accordance with Chapter 2.75 161
162
SECTION 2. Amending the Salt Lake City Consolidated Fee Schedule. That the Salt 163
Lake City Consolidated Fee Schedule shall be, and hereby is, amended in pertinent part as set 164
forth in the attached Exhibit “A.” 165
SECTION 3. Effective Date. That this ordinance shall become effective on the date of 166
publication. 167
168
169
Passed by the City Council of Salt Lake City, Utah, this _______ day of 170
________________, 202___. 171
172
______________________________ 173
CHAIRPERSON 174
175
ATTEST: 176
177
178
______________________________ 179
CITY RECORDER 180
181
APPROVED AS TO FORM: 182
183
________________________ 184
Senior City Attorney 185
186
Transmitted to the Mayor on __________________________. 187
188
Mayor’s Action: _____Approved. _____Vetoed. 189
190
191
______________________________ 192
MAYOR 193
194
195
196
197
LEGISLATIVE DRAFT
ATTEST: 198
199
200
____________________________ 201
CITY RECORDER 202
203
APPROVED AS TO FORM 204
205
206
(SEAL) 207
208
Bill No. _______ of 202___. 209
Published: ____________________. 210
211
Ordinance Amending Chapter 11.14 Unruly Parties_v1 212
213
LEGISLATIVE DRAFT
EXHIBIT “A” 214
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SALT LAKE CITY ORDINANCE
No. _____ of 202__
(Amending Chapter 11.14 related to administrative citations for unruly parties, gatherings or
events on private property)
An ordinance amending Chapter 11.14 of the Salt Lake City Code to establish an
administrative fine for unruly parties, gatherings or events on private property after notice to the
property owner.
WHEREAS, unruly parties, gatherings and events on private property disturb the public
peace, safety and welfare of the community; and
WHEREAS, such unruly parties, gatherings and events require undue law enforcement
response in order to restore the public peace and safety; and
WHEREAS, the city has a significant interest in avoiding the unnecessary use of law
enforcement resources on unruly parties, events, and gatherings at the expense of more critical
public safety needs; and
WHEREAS, private property owners should bear primary responsibility for ensuring that
their property is not used for unruly parties, gatherings, or events; and
WHEREAS, after a public hearing on this matter the Salt Lake City Council has
determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. Amending the text of Salt Lake City Code Chapter 11.14. That Chapter
11.14 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
CHAPTER 11.14
UNRULY PARTIES, GATHERINGS OR EVENTS
11.14.010: PURPOSE AND INTENT
The City Council finds that unruly parties, gatherings, and events on private property within the
City disturb the public peace, safety, and welfare of the community and impose an unreasonable
burden on law enforcement resources. It is in the best interest of the City that property owners,
upon notice from the City, cause their properties to no longer be used for unruly parties,
gatherings, and events. The provisions of this Section shall not be interpreted to substantially
burden a person’s exercise of religion or speech, unless it is to serve a compelling governmental
interest and the least restrictive means of furthering that compelling governmental interest is
employed.
11.14.020: DEFINITIONS:
The following words, phrases and terms as used in this chapter shall have the meanings for this
chapter as indicated below:
PREMISES: The property at which an unruly party, gathering, or event occurs.
UNRULY PARTY, GATHERING, OR EVENT: Three (3) or more people assembled on or
within 600 feet of any residential property where a member of the Police Department observes a)
one or more violations of law; b) the party, gathering, or event disturbing the public peace,
health, safety or welfare of the surrounding community due to the magnitude of the crowd, noise,
illegal activity, fighting, littering, public urination or defecation or other disturbance; or c) the
party, gathering or event causing the obstruction of public ways by crowds or vehicles.
11.14.030: CITATION AFTER NOTICE:
A. Every private property owner shall have a duty to properly manage their property
to prevent the occurrence of an unruly party, gathering, or event.
B. It is a violation of this Chapter for there to be an unruly party, gathering, or event
at any private property in the City. Civil penalties for violations of this Chapter shall be imposed
against the owner of record of the premises in accordance with the procedures set forth in
Subsections C, D and E. This section creates no criminal penalty.
C. If a member of the Police Department determines that an unruly party, gathering,
or event has occurred, a written warning notice shall be mailed to the property owner of record of
the premises. The notice shall identify the date, time and nature of the unruly party, gathering, or
event and shall notify the owner of record that if the Police Department responds to any
additional unruly party, gathering, or event at the premises within 365 days of the date of the
unruly party, gathering, or event that triggered the notice, an administrative citation shall be
issued. The notice shall direct the property owner to take steps to ensure that the premises are not
used for unruly parties, gatherings, or events.
D. When the Police Department responds to an unruly party, gathering, or event at
the same premises within 365 days of the date of any previous unruly party, gathering, or event
for which a warning notice under Subsection C was issued the property owner shall be issued an
administrative citation and a civil fine in the amount of $1000. However, such citation shall not
be issued until 14 days after mailing of the warning notice pursuant to Subsection C. Any
administrative citation issued under this Section shall serve to restart the 365 day period during
which future administrative citations may be issued without the obligation to mail a further
warning notice.
E. Any warning notice or administrative citation issued pursuant to this Section shall
be mailed to the last known address appearing in the records of the Salt Lake County Recorder.
11.14.040: THIS CHAPTER DOES NOT PRECLUDE OTHER APPROPRIATE
ACTION:
Nothing in this chapter shall be construed to prevent the arrest or citation of individual violators
of any other criminal or civil regulations, ordinances, or laws.
11.14.050: ADMINISTRATIVE APPEALS:
Any person issued an administrative citation pursuant to this Chapter shall be entitled to appeal
the same in accordance with Chapter 2.75
SECTION 2. Amending the Salt Lake City Consolidated Fee Schedule. That the Salt
Lake City Consolidated Fee Schedule shall be, and hereby is, amended in pertinent part as set
forth in the attached Exhibit “A.”
SECTION 3. Effective Date. That this ordinance shall become effective on the date of
publication.
Passed by the City Council of Salt Lake City, Utah, this _______ day of
________________, 202___.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
APPROVED AS TO FORM:
________________________
Senior City Attorney
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 202___.
Published: ____________________.
Ordinance Amending Chapter 11.14 Unruly Parties_v1
EXHIBIT “A”
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POLICE
For questions regarding Police fees contact: 801.799.3101
Service Fee Additional Information Section
911 Emergency Service fee See Fire
Background Search and Letter Not more than $16 Age 65+ exempt/waiver available, see Section 2.10.090 2.10.080
Fingerprinting Not more than $55 Age 65+ exempt 2.10.010
ID Cards Not more than $55 Age 65+ exempt 2.10.010
Incident Reports See Additional Information Not more than the fee charged by the State of Utah for similar reports 2.64.040
Personal Criminal History Record $7 Age 65+ exempt 2.10.050
Service fee for Party, Gathering, or Event
Non-rental property $428 Each visit 11.14.020
Rental property, renter responsibility
Each visit up to 2 visits $428 For 3rd visit or more see rental property, owner responsibility 11.14.020
Rental property, owner responsibility
Third visit $143 11.14.020
Each additional visit in any 365 day period $428 11.14.020
Theft Reports Not more than $55 Age 65+ exempt 2.10.010
User's Security and Privacy Non-disclosure Agreement Not more than $55 Age 65+ exempt 2.10.050
Vehicle Booting Fee
Vehicle booting fee $75 12.96.025
Late removal of boot fee $33 Per day after first 24 hours 12.96.025
Boot damage or replacement fee City's actual costs incurred Determined by the total cost(s) required by the City for replacement or repair of the immobilization device 12.96.025
Registration Fee $41 12.96.025
Sex Offender Registration Fee $25
Special Events
Police Coverage during special event $73 Per hour estimated on duration of event. Invoice to be trued up at the end of the event.3.50.080
Police Special Equipment Fee (Car Charge)$8 Per every 4 hours, plus fuel surcharge 3.50.080
Vehicle Relocation Fee - Small $80 Light Vehicle with a GVWR of 10,000 lbs or less 12.56.540
Vehicle Relocation Fee - Mid $110 Medium Vehicle with a GVWR of 10,001 lbs to 26,000 lbs 12.56.540
Vehicle Relocation Fee - Large $140 Large Vehicle with a GVWR of 26,001 lbs or greater 12.56.540
Towing Operational Costs: MUST COMPLY WITH STATE REGULATION R909-19
Size of tow Base Tow Rate Varies based on size of vehicle 12.96.025
Light Duty $201 There will be an additional $36.25 added for each additional 15 minutes. Any vehicle with GVWR of 10,000 lbs or less 12.96.025
Medium Duty $334 There will be an additional $60.00 added for each additional 15 minutes. Vehicles with a GVWR of 10,001 to 26,000 lbs 12.96.025
Heavy Duty $414 There will be an additional $75.00 added for each additional 15 minutes. Vehicles with a GVWR of 26,001 lbs or greater 12.96.025
Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19
Size of tow (Non-Consent Police Generated Tow)Varies based on size and location stored 12.96.025
Light Duty - Stored Inside $45 Per Day (Except vehicles held in evidence)12.96.025
Light Duty - Stored Outside $40 Per Day (Except vehicles held in evidence)12.96.025
Medium Duty - Stored Inside $85 Per Day (Except vehicles held in evidence)12.96.025
Medium Duty - Stored Outside $60 Per Day (Except vehicles held in evidence)12.96.025
Heavy Duty - Stored Inside $85 Per Day (Except vehicles held in evidence)12.96.025
Heavy Duty - Stored Outside $60 Per Day (Except vehicles held in evidence)12.96.025
Vehicles Used in Transporting Hazardous Material - Stored Inside $165 Per Day (Except vehicles held in evidence)12.96.025
Vehicles Used in Transporting Hazardous Material - Stored Outside $115 Per Day (Except vehicles held in evidence)12.96.025
Administration Fee $35 Maximum Per Vehicle (Notification for reporting non-consent tows)12.96.025
Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19
Amended 06/11/2024 by Ord. 2024 - 51 Page 1
EXHIBIT "A"
Size of tow (Non-Consent Non-Police Generated Tow)Varies based on size and location stored 12.96.025
Light Duty - Stored Inside $45 Per Day (Except vehicles held in evidence)12.96.025
Light Duty - Stored Outside $40 Per Day (Except vehicles held in evidence)12.96.025
Medium Duty - Stored Inside $85 Per Day (Except vehicles held in evidence)12.96.025
Medium Duty - Stored Outside $60 Per Day (Except vehicles held in evidence)12.96.025
Heavy Duty - Stored Inside $85 Per Day (Except vehicles held in evidence)12.96.025
Heavy Duty - Stored Outside $60 Per Day (Except vehicles held in evidence)12.96.025
Vehicles Used in Transporting Hazardous Material - Stored Inside $165 Per Day (Except vehicles held in evidence)12.96.025
Vehicles Used in Transporting Hazardous Material - Stored Outside $115 Per Day (Except vehicles held in evidence)12.96.025
Administration Fee $35 Maximum Per Vehicle (Notification for reporting non-consent tows)12.96.025
Fuel Surcharge: MUST COMPLY WITH STATE REGULATION R909-19-15
Fuel Surcharge Based on Fuel Price Varies based on the daily Rocky Mountain Average as determined by the Department of Energy (http://www.fwccinc.com/doefuel.html). When the price of fuel reaches $3.25 per gallon, a tow truck motor carrier may charge a surcharge equal to 5% of the base tow rate. An additional 5% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate
See Utah Regulation R909-19-15
Fuel Price $3.50 $4.00 $4.50 $5.00
Size of Tow
Light Duty $14.50 $29.00 $43.50 $58.00
Medium Duty $24.00 $48.00 $72.00 $96.00
Heavy Duty $30.00 $60.00 $90.00 $120.00
Property Removal Fee $99 Per each 30 minute time period
No Trespass Sign $30.96 Plus tax. Fee will be waived when sign is placed by SLCPD.
Community Response Team for Special Event $52.00 Per hour.
Body Cam Redaction and Video Production $45 Per Hour; Billable in quarter hour increments. No charge for the first quarter hour of staff time.2.64.040
Body Cam DVD $32 2.64.040
GRAMA Request $20 Per Hour; billable in quarter hour increments. Charges begin after first 15 minutes of research or record compilation.
Amended 06/11/2024 by Ord. 2024 - 51 Page 2
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Item E1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Resolution Extending the Time Period for Complying with the Conditions in
Ordinance 78 of 2023
MOTION 1 (adopt)
I move that the Council adopt a resolution extending the time to comply with the conditions in ordinance 78 of
2023 for an additional six months.
MOTION 2 (reject)
I move that the Council reject the resolution.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:August 12, 2025
RE: Zoning Map Amendment at 2157 South Lincoln Street
PLNPCM2023-00239
August 12, 2025, UPDATE
On December 12, 2023 the Council adopted an ordinance rezoning the property at 2157 South Lincoln
Street subject to the property owner entering into a development agreement with the City within one year
(December 12, 2024).
There were several delays with finalizing the development agreement by the deadline, but work on the
agreement is progressing. The applicant has requested the Council grant an extension until February 12,
2026 to finalize the development agreement. Planning staff supports the request. If the Council is
supportive of granting the extension, it may approve a resolution extending the deadline during the August
12, 2025 formal meeting.
The following information was provided for previous Council meetings. It is included
again for background purposes.
PUBLIC HEARING UPDATE
Three people spoke at the November 7, 2023 public hearing in support of the proposed zoning map
amendment. They all expressed a desire for 10-foot-wide sidewalks adjacent to the potential development.
One commenter also suggested a condition that the developer enter into a development agreement with the
City to ensure the site’s Victorian home is preserved.
The Council closed the hearing and deferred action to a future meeting.
BRIEFING UPDATE
Item Schedule:
Page | 3
During the October 3, 2023 briefing Council Members expressed general support for the proposal. A desire
to maintain park strips and trees along the Lincoln Street and Elm Avenue frontages was expressed rather
than extending the sidewalks to the curb. Planning staff stated if a condition to increase sidewalk width is
not included in the ordinance or a development agreement, sidewalk widths required under City Code
would apply.
The following information was provided for the September 5, 2023 Council briefing
and public hearing. It is included again for background purposes.
Page | 4
Area zoning map with the subject parcel outlined in blue and the project area outlined in red.
The Planning Commission reviewed the proposed zoning map amendment during its July 26, 2023
meeting and held a public hearing at which three people, including a representative from the Sugar House
Community Council spoke. The commenters were supportive of the proposed zoning map amendment, but
expressed concerns about parking, landscaping, and sidewalk width.
Commissioners discussed sidewalk width and whether to recommend a condition requiring minimum 10-
foot-wide sidewalks as called for in the Sugar House Circulation and Streetscape Amenities Plan. It is
worth noting some Commissioners felt the additional width was beneficial for the area, while others
expressed concerns with loss of park strips and trees.
The Commission voted 5-2 to forward a positive recommendation to the City Council. As
part of its recommendation, the Commission included the above-mentioned condition to
preserve the Victorian home, and a second condition to extend the width of sidewalks
abutting the subject parcels to include the park strip area.
Page | 5
Paul said sidewalk width should be specified if the Council wants to include that.
Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports
moving forward with the proposal.
POLICY QUESTIONS
1. The Council may wish to ask the applicant if they would be amenable to including affordable units
in the proposed development. If yes, is the Council interested in asking the applicant if they would
be willing to enter into a development agreement pertaining to affordable housing units?
2. The Council may wish to ask the Administration how the recently transmitted Affordable Housing
Incentives proposal may impact this petition or development potential on the property if the
petitioner will consider affordable units.
3. If supportive of the zoning map amendment, the Council may wish to discuss whether to require a
development agreement that preserves the Victorian home.
ADDITIONAL INFORMATION
The Council is only being asked to consider rezoning the property. A formal site plan has been submitted to
the City, but it is not within the scope of the Council’s authority to review the plans. (It is worth noting that
the Planning Commission voted unanimously to approve the petitioner’s design review application at the
same meeting it voted to forward a positive recommendation to the Council on the zoning map
amendment.) Because zoning of a property can outlast the life of a building, any rezoning application
should be considered on the merits of changing the zoning of that property, not simply based on a potential
project.
KEY CONSIDERATIONS
Planning staff identified four key considerations related to the proposal which are found on pages 6-8 of
the Planning Commission staff report and summarized below. For the complete analysis, please see the
staff report.
Planning staff noted the Sugar House Master Plan future land use map designates the subject property as
“Business District Mixed-Use Neighborhood Scale.” This is consistent with the future land use map’s
designation for all other parcels on the block. It is Planning’s opinion that the requested change from RB to
CSHBD2 zoning designation is reasonable and appropriate for the location.
As shown in the map above, area zoning is predominantly CSHBD2 on the subject block and blocks to the
east and west. FB-SE, R-1/5,000, and CSHBD2 are to the south. Nearby land uses are a mix of commercial
and residential. Smith’s grocery store is immediately to the west across Lincoln Street, low- and moderate-
density residential, and a tire shop are to the north. A small office building, duplexes and high-density
housing is to the northeast. Single-family residential is across Elm Avenue to the south.
Planning found that the proposal is consistent with the CSHBD zoning district purpose statement which
says: “The purpose of the CSHBD Sugar House Business District is to promote a walkable community with
a transit oriented, mixed-use town center that can support a 24-hour population. The CSHBD provides
residential, commercial and office use opportunities, with incentives for high density residential land uses
in a manner compatible with the existing form and function of the Sugar House Master Plan and the Sugar
House Business District.”
Page | 6
Planning staff further found that the proposal meets various principles and initiatives found in the Sugar
House Master Plan (2005), Plan Salt Lake (2015), and the SLC Urban Design Element (1990).
Consideration 4 – Preservation of the Victorian Mansion
The petitioner proposes preserving the Victorian home on the subject property. As mentioned above, the
home is not in a historic district and has no protection from demolition. Planning staff noted the home
would provide an anchor for the project, and act as a buffer between the proposed development and single-
family residential to the south across Elm Avenue. Planning staff and the Planning Commission
recommended including a development agreement to preserve the home if the Council is supportive of the
proposed zoning map amendment.
The petitioner provided the following concept rendering illustrating how the Victorian home could be
incorporated into the proposed development.
Image courtesy of petitioner
ZONING COMPARISON
The following table compares building height and setback requirements for the current RB and proposed
CSHBD2 zoning districts.
RB (Current)CSHBD2 (Proposed)
Maximum Building Height 30 feet 60 feet for residential use.
30 feet for nonresidential use.
Front Setback 20% of lot depth, but need not exceed
25 feet.
No minimum yard required.
Maximum setback is 15 feet.
Page | 6
Side Setback Corner side yard: 10 feet.
Interior side yard: 6 feet; provided,
that on interior lots one yard must be
at least ten feet.
Corner side yard: no minimum yard
required. Maximum setback is 15 feet.
Interior side yard: None required.
Rear Setback 25% of lot depth, but the yard need not
exceed 30 feet.
None required.
Analysis of Factors
Attachment D (pages 67-68) of the Planning Commission staff report outlines zoning map amendment
standards that should be considered as the Council reviews this proposal. The standards and findings are
summarized below. Please see the Planning Commission staff report for additional information.
Factor Finding
Whether a proposed map amendment is consistent
with the purposes, goals, objectives, and policies of
the city as stated through its various adopted
planning documents.
Complies
Whether a proposed map amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
The extent to which a proposed map amendment will
affect adjacent properties
Complies
Whether a proposed map amendment is consistent
with the purposes and provisions of any applicable
overlay zoning districts which may impose additional
standards.
Not applicable
The adequacy of public facilities and services
intended to serve the subject property, including, but
not limited to, roadways, parks and recreational
facilities, police and fire protection, schools,
stormwater drainage systems, water supplies, and
wastewater and refuse collection.
Complies
City Department Review
During City review of the petitions, no responding departments or divisions expressed concerns with the
proposal, but stated additional review and permits would be required if the property is developed.
PROJECT CHRONOLOGY
• April 14, 2023-Petition for zoning map amendment received by Planning Division.
• May 15, 2023-Petition assigned to Lex Traughber, Senior Planner.
o Notice mailed to the Sugar House Community Council and Sugar House Chamber of
Commerce.
Page | 7
• June 7, 2023-Petitioner presented their proposal to the Sugar House Community Council, with
Planning staff in attendance.
• June 26, 2023-Early notification mailed to property owners and tenants located within 300 feet of
the subject property boundaries.
• July 12, 2023-Property posted with signs for the July 26, 2023 Planning Commission hearing.
• July 13, 2023-Public hearing notice mailed to all property owners and residents within 300 feet of
the subject property. Planning Commission agenda emailed to Planning listserv. Project posted to
City Planning and State websites.
• July 26, 2023-Planning Commission public hearing. The Planning Commission voted to forward a
positive recommendation to the City Council for the proposed zoning map amendment.
• July 31, 2023-Draft ordinance sent to the City Attorney’s Office for review.
• August 3, 2023-Planning received signed ordinance from the Attorney’s Office.
• September 8, 2023-Transmittal received in City Council Office.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
07/25/2025
Date Sent to Council:
08/06/2025
From:
Department *
Community and Neighborhood
Employee Name:
Traughber, Lex
E-mail
lex.traughber@slc.gov
Department Director Signature
Director Signed Date
08/01/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
08/06/2025
Subject:
Resolution Extending the Time Period for Complying with the Conditions in Ordinance 78 of 2023
Additional Staff Contact:
amy.thompson@slc.gov
Presenters/Staff Table
Lex Traughber lex.traughber@slc.govAmy Thompson amy.thompson@slc.govMark Isaac markisaac@pinyon8.com
Document Type
Resolution
Budget Impact?
Yes
No
Recommendation:
Extend the Time Period of Ordinance 78 of 2023 to February 12, 2026.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
There will be a briefing and public hearing by the City Council on August 12, 2025.
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ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION:
On December 12th, 2023, the Salt Lake City Council approved Ordinance 78 of 2023, amending the
zoning of the property located at 2157 S. Lincoln Street from RB - Residential/Business District to
CSHBD2 - Sugar House Business District. The proposed zoning map amendment was conditioned upon
the Petitioner entering into a development agreement with Salt Lake City to preserve the Victorian
mansion located on the subject property. Since that time, the petitioner has been actively working with
the City on a proposed development agreement.
Language in the Ordinance also stipulated that if conditions had not been met within one year after
adoption, the ordinance would become null and void, but further indicated that the City Council may, for
good cause shown, extend the time period for satisfying conditions by resolution. The ordinance expired
on December 12, 2024.
The petitioner is requesting that the City Council extend the time period for complying with the
conditions of Ordinance 78 of 2023 for a period of six months to February 12, 2026.
EXHIBITS:
1. City Council Meeting Materials for the December 12, 2023, Meeting (Starting on page 222)
2. Resolution
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1
SALT LAKE CITY
RESOLUTION NO. of 2025
(A resolution extending the time period for satisfying the condition set forth in Ordinance 78
of 2023 – an ordinance amending the zoning of property located at 2157 S. Lincoln Street
from RB Residential/Business District to CSHBD2 Sugar House Business District.)
WHEREAS, the Salt Lake City Council (“City Council”) enacted Ordinance 78 of 2023
on December 12, 2023; and
WHEREAS, that ordinance imposed certain conditions and required that those conditions
be met within one year from the date that the ordinance was adopted; and
WHEREAS, the applicant is progressing towards meeting the requirements to enter into
the development agreement as required by the ordinance; and
WHEREAS, an extension of the deadline is necessary in order to satisfy the requirements
of Ordinance 78 of 2023 so that the development agreement can be executed; and
WHEREAS, the City Council finds that there is good cause to extend the deadline in the
ordinance;
NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah:
SECTION 1. The deadline set forth in Section 4 of Ordinance 78 of 2023 shall be and
hereby is extended from December 12, 2024 to February 12, 2026 for the property owner to
comply with the condition set forth in Section 2 of Ordinance 78 of 2023.
2
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2025.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
________________________
CITY RECORDER
(SEAL)
No. ________ of 2025.
Published: ______________.
Resolution extending Ord. No. 78 of 2023.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _7/24/25_____________________
By: _/s/ Courtney Lords__________________
Courtney Lords, Senior City Attorney
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CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Allison Rowland, Senior Policy Analyst
DATE:August 12, 2025
RE: RESOLUTION: LEGISLATIVE POLICY AND BUDGETARY GUIDELINES FOR THE
HOME REPAIR PROGRAM
MOTION 1 – ADOPT
I move that the Council adopt the Legislative Policy and Budgetary Guidelines for the Salt Lake City Home
Repair Program.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
04/29/2025
Date Sent to Council:
05/06/2025
From:
Department *
Community and Neighborhood
Employee Name:
Royall, Heather
E-mail
heather.royall@slc.gov
Department Director Signature
Director Signed Date
05/05/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
05/06/2025
Subject:
Housing Program Policies
Additional Staff Contact:
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.gov
Presenters/Staff Table
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.govHeather Royall - heather.royall@slc.gov
Document Type
Resolution
Budget Impact?
Yes
No
Recommendation:
Adopt resolutions to establish legislative policies for the housing program funds, Home Repair Program, Community Land Trust, and NOAH Preservation Program.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
The Administration has briefed the Council on February 7, 2023, February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget allocations are subject to the City’s budgeting process.
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ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: Salt Lake City (City) utilizes various funding sources to
support housing and community development activities. These funding sources primarily include
U.S. Department of Housing and Urban Development (HUD) grant programs, Funding Our
Future (FoF) sales tax funds, and program income, collectively called the Housing Program
Funds. While some of the funds are deployed to community partners, the City retains a portion of
the Housing Program Funds to administer activities and programs directly to tenants,
homeowners, landlords, and property owners, through programs known as the Direct Delivery
Programs.
On August 13, 2024, the City Council was first briefed on the draft legislative policies for the
Housing Program Funds and certain Direct Delivery Programs. Once adopted, the legislative
policies will establish programmatic standards and the process for allocating funding through the
City’s budget process and to program recipients. Since the August 2024 briefing, the
Administration has revised the policies based on the Council’s feedback and a thorough review
by the Attorney’s Office. Currently, this transmittal includes the following Resolutions for the
Council’s consideration:
1. Housing Program Funds Legislative Policy (Exhibit A):
Establishes financial and reporting standards for the Housing Program Funds; establishes
a Housing Program Funds Loan Committee that reviews and, in certain instances,
approves funding allocations to projects and activities; and establishes the Tenant and
Homeowner Loan Fund, a revolving loan fund pool of revenue to fund the Direct
Delivery Programs.
2. Home Repair Program Legislative Policy (Exhibit B):
Establishes standards for a program that provides financial assistance to low- and
moderate-income homeowners for expenses related to maintaining safe and stable
housing in order to preserve housing and the health and well-being of occupants. The
City provides project management services and issues funding directly to the construction
contractor on behalf of the Homeowner.
3. Community Land Trust Program Legislative Policy (Exhibit C):
Establishes standards for a program that facilitates homeownership opportunities for low-
and moderate-income (LMI) households and to maintain the units as affordable over the
long-term. Equity is shared between the City and the homeowner upon the sale of the
home to a third party to promote wealth building. The City designates property as part of
the land trust model, retaining ownership of the land and selling only the housing unit to
a qualified homebuyer. To facilitate affordability for the homebuyer, the City leases the
land to the homebuyer through a below-market rate ground lease and may provide
mortgage financing.
4. NOAH Preservation Program Legislative Policy (Exhibit D):
Establishes standards for a program that provides financial assistance to property owners
of naturally occurring affordable housing (NOAH) to carry out property improvements in
return for a long-term covenant to preserve affordability. NOAH properties, constituting
one of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires the
property to be rented at an affordable rate. The program will provide grants and low
interest loans to these properties in order to improve the housing stock and preserve
affordability for the long term.
Through the fiscal year 2026 Mayor’s Recommended Budget, the Administration will propose
that program income that was generated over several years from various housing activities,
referred to as Dormant Program Income, be allocated to the Direct Delivery Programs.
PUBLIC PROCESS: The Administration has briefed the Council on February 7, 2023,
February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget
allocations are subject to the City’s budgeting process.
EXHIBIT:
A. Resolution - Housing Program Funds Legislative Policy
B. Resolution - Home Repair Program Legislative Policy
C. Resolution - CLT Program Legislative Policy
D. Resolution - NOAH Program Legislative Policy
E. Summary of Related Council Briefings
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Housing Program Funds)
WHEREAS, Salt Lake City Corporation (City), through the use of Housing Program
Funds, supports the goals of helping address housing affordability for all residents and providing
increased affordable housing opportunities for low-income households; and
WHEREAS, adopting a legislative policy for the Salt Lake City Housing Program Funds
will facilitate budgetary and reporting transparency, streamline subrecipient application and
recommendation processes, ensure alignment with City best practices, and increase compliance
with state and federal requirements; and
WHEREAS, this legislative policy will also establish a new Housing Programs Loan
Committee and a new Tenant and Homeowner Loan Fund to support the administration of the
Housing Program Funds; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Housing Program Funds.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Housing Program Funds as set forth
in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
April 17, 2025
2
3
Exhibit A
Salt Lake City Housing Program Funds
Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
4
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
5
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
6
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policy and Budgetary Guidelines for the Salt Lake City
Home Repair Program)
WHEREAS, Salt Lake City Corporation (City), through the Home Repair Program,
supports the goals of providing financial assistance to low- and moderate-income homeowners
for expenses related to maintaining safe and stable housing in order to preserve the housing stock
and the health and wellbeing of occupants; and
WHEREAS, adopting a legislative policy for the Home Repair Program will facilitate
budgetary and reporting transparency, streamline recipient application and recommendation
processes, ensure alignment with City best practices, and increase compliance with state and
federal requirements; and
WHEREAS, the City Council does now meet on this ____ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Home Repair Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Home Repair Program as set forth in
Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this _____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
Exhibit A
April 17, 2025
2
3
Exhibit A to the Resolution
Salt Lake City Home Repair Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Home Repair Program (Program) provides
financial assistance to low- and moderate-income homeowners (Homeowners) for
expenses related to maintaining safe and stable housing in order to preserve the
housing stock and the health and wellbeing of occupants. Financial assistance is
facilitated through the execution of an agreement between the City, Homeowner, and
a construction contractor. The City provides project management services and issues
funding directly to the construction contractor on behalf of the Homeowner.
1.2 Project Types
The Program includes two types of projects (Project Types), as follows:
A. Minor Repair: Intended to address minor home repairs and accessibility needs.
B. Home Rehabilitation: Intended to correct deficiencies and bring homes up to
applicable City and state building codes.
1.3 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including staff to
manage the administration, construction management, and loan servicing aspects of
the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan Fund
(THLF) pursuant to the Salt Lake City Housing Program Funds Legislative Policy,
attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the Program,
as well as other sources of revenue generated from the Program, shall be considered
Program Income. The financial management of Program Income shall be pursuant to
the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue grants and loans to eligible
Homeowners.
3. ELIGIBILITY REQUIREMENTS
4
3.1 Eligible Properties
Eligible properties shall be owner-occupied housing units located within Salt Lake
City boundaries. The property’s real estate taxes, water, and sewer payments must be
current and in good standing with the City, provided however that Program funding
may be utilized to address code violations.
3.2 Eligible Costs
Eligible Costs shall include up to 100% of the cost of labor and materials to correct
substandard conditions, correct violations of applicable City and state building codes,
and to implement certain types of improvements, as follows:
A. Replacement and repair of principal fixtures
B. Replacement and repair of components of existing structures
C. Installation of security and safety devices
D. Weatherization and conservation improvements including for water and energy
efficiency
E. Accessibility improvements and upgrades
F. Lead, radon, and other hazard mitigation
G. Closing costs, loan origination fees, and loan servicing fees
3.3 Eligible Homeowners
Homeowner eligibility shall be based on the following criteria by Project Type:
A. Minor Repair:
a. Have a household income of 80% of the area median income (AMI) and
below; and
b. Have a primary resident that is either a senior (aged 62 years or older) or
living with a disabling condition that is recognized by the U.S. Department of
Housing and Urban Development (HUD).
B. Home Rehabilitation:
a. Homeowners shall reside at the property as their principal residence for the
term of the loan;
b. Have a household income of 80% AMI and below; and
c. For households obtaining an amortizing loan:
i. Have sufficient income to pay back the loan, as determined by the ratio of
the Homeowner’s debt-to-income (DTI). Total monthly revolving debts,
including the costs for the Home Repair Program loan, cannot exceed a
DTI of 45% of the gross monthly income or the maximum amount
allowed under HUD’s First Time Homebuyer Program or its successor. In
addition to a DTI of 45% or lower, the Homeowner shall be required to
demonstrate sufficient income, defined as the amount of money a
household has left over each month after paying major expenses such as
mortgages and car loans, to cover the cost of household needs such as
food, clothing, and other household essentials.
5
ii. Have a good history of meeting their financial obligations, as determined
by the Homeowner’s credit report.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
PROJECT
TYPE:
MINOR REPAIR HOME REHABILITATION
and a senior or a senior or disabling
Requirement
Occupancy
Requirement
upon distribution
of funds
and occupancy
Assistance annually; lifetime
limit of $20,000
$50,000 per
Homeowner
property
NOTES:
• Senior: Senior is defined as solely occupied by persons 62 years of age or older or
the head of household(s) are 62 years of age or older.
• Disabling Condition: Disabling Condition as defined by HUD.
• Conditional Grants: Conditional grants shall be forgiven over a 5-year term on a
prorated basis if compliance with terms is maintained. Accordingly, 20% of the
grant shall be forgiven annually. If conditions are not met, the outstanding balance
of the Conditional Grant shall convert to an Amortized Loan at the Default
Interest Rate with a maximum Term of 10 years.
• Deferred Loans: Deferred loans shall become payable upon sale or transfer of the
property or if the homeowner no longer lives in the property as an owner-
occupant.
• Transfer of Loans: Loans may be transferred to certain heirs, including a spouse,
child, or domestic partner, that assume title of the property, subject to prior
6
written approval from the City. Eligibility of loan transfer will subject to income
qualification and be analyzed on a case-by-case basis.
• Amortized Loans:
Term: Amortized loans shall have a 20-year term but may be shorter if the
applicant demonstrates the ability to accelerate repayment based on a DTI
analysis.
Interest Rate: Amortized loans shall have an interest rate that is
competitive to the current market rate but shall be no lower than 3%
unless the applicant demonstrates the need for a lower payment based on a
DTI analysis.
Maximum Assistance: The Maximum Assistance amount for amortized
loans shall be sized to the lower of $50,000 or the maximum amount
affordable with the DTI maximum established in Section 3: Eligibility
Requirements.
5. APPROVAL PROCESS
Funding shall be awarded on a first come first served basis, as per the date a complete
application is submitted. Once a completed application is submitted, the application shall be
processed for approval as follows:
A. Staff shall verify that all Eligibility Requirements are met. If requirements are not met,
the application will be denied.
B. If Eligibility Requirements are met, Staff shall make a recommendation to the Housing
Program Funds Loan Committee regarding the maximum assistance amount and other
funding terms and conditions based on the standards established in Section 4: Funding
Terms and Conditions.
C. The Housing Program Funds Loan Committee shall review and has the authority to
provide final approval of the funding request within the standards set forth in this policy.
6. PROCUREMENT, CONTRACTING, AND DISBURSEMENT OF FUNDS
Once an application is approved by the Housing Program Funds Loan Committee, a
procurement and contracting process that complies with City ordinances and policies, as well
as HUD policy, shall be carried out. Housing Stability staff shall provide project
management services, in coordination with the Homeowner and contractor, to establish and
carry out a scope of work. Grant/loan proceeds may be disbursed to the contractor through
construction draws.
7. LOAN DEFERMENT AND MODIFICATION
7.1 Temporary Deferment of Amortized Loans
On an annual basis, existing Program borrowers can apply for a partial or full
deferment of monthly loan payments if the household’s DTI percentage exceeds 45%
considering all debt including the Program loan. The amount of monthly loan
payments to be deferred shall be based on the 45% DTI threshold. Requests for
deferments shall be evidenced by a financial analysis of the household’s income and
debt obligations. Deferments may be approved by the Housing Program Funds Loan
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Committee for up to 12 months and may be reauthorized on an annual basis for up to
five (5) years, consecutive or nonconsecutive, during the term of the loan. If a loan
deferment is granted, the loan shall be extended for an equivalent period of time.
7.2 Permanent Modification or Deferment of Amortized Loans
The following options may be considered if a Program borrower continues to
experience an economic hardship and has exhausted the temporary loan deferment
option provided under Section 7.1:
A. Loan Modification
If a borrower continues to experience an economic hardship, the loan holder may
request a permanent loan modification. The loan modification may include
extension of the loan term up to 30 years and/or an interest rate reduction. Such
requests shall be reviewed and approved by the Housing Program Funds Loan
Committee.
B. Permanent Loan Deferment
If a borrower has experienced a severe and permanent economic hardship, the
borrower may request a permanent deferment of the loan with the loan due upon
sale or transfer of the property. Notwithstanding, the loan may be transferred to
certain heirs including a spouse, child, or a person living in the household for at
least one year prior to Homeowner’s death. The eligibility of a loan transfer shall
be analyzed and approved on a case-by-case basis. In order to be authorized, such
requests shall be reviewed and recommended by the Housing Program Funds
Loan Committee and approved by the Director of CAN.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The report
shall include outcomes associated with the Program, including a summary of projects
completed, number of new grants and loans, total outstanding balance of the loan portfolio,
and number of delinquencies.
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Exhibit A to Salt Lake City Home Repair Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
9
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
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b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policies for the Salt Lake City
Community Land Trust Program)
WHEREAS, Salt Lake City Corporation (City), through the Community Land Trust
program, supports the goals of helping provide affordable homeownership opportunities to low-
to moderate-income households; and
WHEREAS, adopting legislative policies for the Salt Lake City Community Land Trust
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, align with City best practices, and increase compliance with
state and federal requirements; and
WHEREAS, the City Council does now meet on this day of __________, 2025 to adopt
legislative policies for the Salt Lake City Community Land Trust program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, that the Salt
Lake City Council hereby adopts the attached legislative policies for the Salt Lake City
Community Land Trust Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this day of ______________, 2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
04/17/2025
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Exhibit A to the Resolution
Salt Lake City Community Land Trust Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Community Land Trust (CLT Program)
facilitates homeownership opportunities for low- and moderate-income (LMI)
households and to maintain the units as affordable over the long-term. To promote
wealth building, equity is shared between the City and the homeowner upon the
sale of the home to a third party. The City designates property as part of the land
trust model, retaining ownership of the land (Land) and selling only the housing
structure (Housing Unit) to a qualified homebuyer (Homebuyer or Homeowner).
To facilitate affordability for the Homebuyer, the City leases the Land to the
Homebuyer through a below-market rate lease (Ground Lease) and may provide
mortgage financing for the purchase of the Housing Unit (Homebuyer Loan).
1.2 Policy Objectives
The CLT Program shall promote:
A. Affordable homeownership as a way for LMI households to build wealth and
achieve financial stability through equity sharing.
B. Affordable homeownership as a way to reject historical policies that precluded
minorities and others from purchasing a home and widened the racial and
minority wealth gap.
C. Affordable homeownership in areas of opportunity as a platform for a range of
positive life outcomes, including those related to health and education.
D. Affordable homeownership opportunities to combat displacement in
neighborhoods faced with gentrification.
1.3 Program Administration
The CLT Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including
management of rehabilitation activities, and loan servicing aspects of the CLT
Program.
1.4 Scope of Services
Homebuyer Loans issued by the City are exclusively available to Homebuyers
participating in the CLT Program; however, a Homebuyer participating in the
CLT Program is not required to utilize Homebuyer Loan mortgage financing
issued by the City and may use another source of financing subject to approval by
the City.
1.5 Program Inventory
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The CLT Program’s inventory shall include residential properties located within
Salt Lake City boundaries that have been acquired by the City and designated as
part of the CLT Program. Once a property is designated as part of the CLT
Program, it shall remain in the CLT Program in perpetuity unless the property is
deemed to no longer serve the mission of the CLT Program or is needed for a
different public purpose. In instances where a property shall be removed from the
inventory and disposed of, the property shall be disposed of pursuant to City Code
2.58: City Owned Real Property or its successor, but with the sales proceeds
designated as program income pursuant to this policy. Properties may be acquired
for the CLT Program, utilizing funds designated by the City Council for such
purposes, through the following ways:
A. The City may purchase properties on the open market.
B. The City may purchase properties where, as part of a mortgage or loan issued
by the City, there is a contractual clause that gives the City the first
opportunity to buy the property.
C. The City or its Community Reinvestment Agency may build Housing Units or
partner with development partners to build Housing Units on surplus or other
City-owned property.
D. The City may purchase property from homeowners who want to place their
home into the CLT Program or who agree to undertake a sale-leaseback
agreement. Under a sale-leaseback agreement, a property owner would sell the
land underneath their house to the City and continue living in the Housing
Unit under a long-term Ground Lease. This would provide property owners,
such as seniors living on a fixed income, with revenue from the land sale
while also adding to the CLT Program’s inventory.
E. The City may acquire property for the CLT Program through other methods,
such as donations or land swaps, provided that the acquisition follows any
applicable process set forth in ordinance or law.
2. PROGRAM FUNDING
2.1 Funding Sources
The CLT Program shall be primarily funded from the Tenant and Homeowner
Loan Fund (THLF) pursuant to the Salt Lake City Housing Program Funds
Legislative Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the CLT
Program, revenue generated from the sale of property, and any other sources of
revenue generated from the CLT Program, shall be considered Program Income.
The financial management of Program Income shall be pursuant to the Salt Lake
City Housing Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized for the following activities:
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A. The repurchase of Housing Units.
B. The rehabilitation of Housing Units to prepare the home for resale.
C. Mortgage financing to Homebuyers of Housing Units.
D. The acquisition or development of property to add new Housing Units to the
CLT Program’s inventory.
3. ELIGIBILITY, PRIORITIZATION, AND APPROVAL PROCESS
3.1 Eligibility Requirements:
To be eligible to participate in the CLT Program, an applicant shall meet the
following threshold requirements:
A. Maximum Income: A household shall have an annual income which does not
exceed 80% of the area median income (AMI) of households of equal size
residing in the Salt Lake statistical areas as defined by the U.S. Department of
Housing and Urban Development (HUD).
B. Creditworthiness: A household shall demonstrate a history of meeting their
financial obligations, as determined by the homeowner’s credit report.
C. Debt Capacity: A household’s debt to income (DTI) percentage, including all
revolving debt inclusive of the prospective mortgage financing, shall not
exceed 45% of the gross monthly income or the maximum amount allowed
under HUD’s First Time Homebuyer Program.
D. Tenure Status: Applicants shall be a first-time homebuyer or have not owned a
home in the past five (5) years, or a single parent or individual who has only
owned a home with a former spouse or partner while married or in a domestic
partnership.
3.2 Application Prioritization and Housing Unit Selection:
Applicants that successfully meet the Eligibility Requirements set forth in section
3.1 (Pre-Approved Applicants) will be placed on a waitlist that is administered on
a first-come, first-served basis; provided, however, that Pre-Approved Applicants
that meet one or more of the following criteria will be escalated on the waitlist
higher than Pre-Approved Applicants that do not meet these criteria:
A. Households that currently reside in Salt Lake City municipal boundaries and
have done so for twelve (12) consecutive months or longer.
B. Households that have previously lived in Salt Lake City for a minimum of
five (5) consecutive years, and that were displaced within the preceding five
(5) years due to rising housing costs or redevelopment of property.
Once a Housing Unit becomes available, CAN staff will offer it to the first
prioritized Pre-Approved Applicant. The applicant may select to move forward
with purchasing the Housing Unit or may decline to move forward with that
particular Housing Unit. If a Pre-Approved Applicant passes on a Housing Unit,
the Housing Unit will be offered to the next prioritized applicant on the waitlist. A
5
Pre-Approved Applicant may pass on a Housing Unit and remain in the same
position on the waitlist. Applicants shall demonstrate that they meet eligibility
requirements at the time of application and at the time of closing.
3.3 Mortgage Financing Approval Process:
Once a Pre-Approved Applicant is matched with a Housing Unit, the Pre-
Approved Applicant shall obtain mortgage financing in one of two ways, as
follows:
A. If the Pre-Approved Applicant is obtaining independent mortgage financing,
the applicant shall provide the City with evidence of the third-party financing
amount and terms and the third-party lender’s acknowledgement of
participation in the CLT Program; or
B. If the Pre-Approved Applicant is obtaining a Homebuyer Loan through the
City, staff shall underwrite the loan pursuant to the standards established in
Section 4: Homebuyer Loans – Terms and Conditions.
The Housing Program Funds Loan Committee shall review and has the authority
to approve the Pre-Approved Applicants acquisition of the Housing Unit and, if
applicable, the terms of the Homebuyer Loan to be issued by the City within the
standards set forth in this policy.
4. HOMEBUYER LOANS - TERMS AND CONDITIONS
If the Homebuyer elects to obtain a Homebuyer Loan issued by the City, the loan shall be
underwritten and issued pursuant to the following terms and conditions:
A. Maximum Loan Amount: Up to 100% of the purchase price of the Housing
Unit as determined by Section 5.
B. Debt to Income Maximum: The DTI maximum is the limit established in
Section 3: Eligibility Requirements.
C. Interest Rate: The interest rate shall be 3%, provided however that a
household’s debt to income (DTI) percentage, including all debt inclusive of
the prospective loan, is below the DTI maximum established in Section 3:
Eligibility Requirements. If a household’s DTI percentage is above the
threshold, the interest rate may be reduced to meet the threshold. Interest rates
shall at no time be below 1%.
D. Term: The term of the loan shall be up to 30 years.
E. Payments: Payments shall be collected monthly. Late payments are subject to
a 4% late fee.
F. Security: A Deed of Trust will be recorded on the property.
5. COMMUNITY LAND TRUST
5.1 Pricing Overview:
The resale price of Housing Units and equity sharing terms are intended to
balance permanent affordability with equity-building opportunities for the
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Homeowner. If a Homeowner elects to sell their Housing Unit, the Homeowner
shall receive the equity they paid on their mortgage, plus a limited amount of
equity from Housing Unit’s appreciation in value. The following components
shall be considered:
A. Base Price: The Base Price shall be the original purchase price of the Housing
Unit by the Homeowner, including the sum of the Homeowner’s down
payment and the amount mortgaged.
B. Earned Equity: The equity attributed to the Homeowner’s down payment and
principal paid on the mortgage.
C. Equity Appreciation: The equity attributed to the appreciation of the Housing
Unit’s value after its purchase by the Homeowner.
5.2 Resale Price and Equity Determination:
When a Homeowner decides to sell, the Resale Price and corresponding
Homeowner equity determination shall be the lower of the following two options:
A. Option 1 – Appreciation Formula:
• Resale Price: The Base Price plus 1.75% of the Base Price, not
compounding, for each year the Homeowner has owned the Housing Unit.
Formula: (Base Price) + (1.75% x Base Price x years of ownership)
• Homeowner Equity Determination: Earned Equity plus Equity
Appreciation capped at 1.75% of the Base Price for each year of
ownership, not compounding. Formula: (Earned Equity) + (Base Price x
1.75% x years of ownership)
B. Option 2 - Appraised Value:
• Resale Price: If the City believes the Appreciation Formula output is too
high for market conditions, the City may, at its expense, commission a
market valuation of the Housing Unit to determine an Appraised Value.
• Homeowner Equity Determination: The Appraised Value less any
outstanding mortgage debt. Formula: Appraised Value – current
outstanding mortgage debt
• For Housing Units newly added to the program inventory or Housing
Units within the existing inventory that appraise lower than the previously
calculated Appreciation Formula, the City may set the current Resale Price
at the Appraised Value of the Housing Unit as determined by an appraisal,
considering the Housing Unit only and not the value of the land.
5.3 Ground Lease Terms, Fees, Renewal Option
A. Occupancy Requirement: Homebuyers shall maintain the housing unit as a
primary residence continuously over the term of the Ground Lease.
B. Initial Ground Lease Term: Ninety-nine (99) years.
C. Ground Lease Renewal Term: Homeowner shall have the option to extend the
terms of the Ground Lease for ninety-nine (99) years.
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D. Ground Lease Expiration or Termination: Upon expiration or early
termination of a Ground Lease, ownership of the Housing Unit shall revert to
the City, provided that the City shall pay the Homeowner, or the
Homeowner’s heirs upon death, pursuant to Section 5.2: Resale Price and
Equity Determination. The City may elect to not purchase the Housing Unit
from the Homeowner and, in such instance, the Land may be disposed of
pursuant to applicable law.
E. Transfer: Homeowner may transfer the Ground Lease to income qualified
households upon approval by the City, including under the following
conditions:
a. A transfer to a new Homebuyer due to a sale of the Housing Unit if the
City does not exercise its Option to Purchase, as outlined in Section
5.4. The sale shall comply with Section 5.2: Resale Price and Equity
Determination and be approved by the City.
b. A transfer, as approved by the City, to certain heirs upon death of the
Homeowner. Eligible heirs shall include a spouse, designated guardian
of the Homeowner’s child under the age of 18, or a person living in the
household for at least one year prior to Homeowner’s death. The
eligibility of a Ground Lease transfer shall be analyzed and approved
on a case-by-case basis.
F. Ground Lease Fee: $50 per month. The Ground Lease Fee may increase from
time to time but may not be increased more than 3% year-over-year.
G. Common Area Maintenance (CAM) Fee: For multifamily units, a CAM fee
may be assessed that equates to the prorated cost of expenses relating to the
maintenance of common areas.
H. Maintenance and Repairs: The Homeowner is responsible for repairs and
maintenance for both the land and improvements unless otherwise covered by
a CAM Fee.
I. Repair and Replacement Reserve: A modest fee may be collected on a
monthly or annual basis and held by the City in a Repair and Replacement
Reserve account to be accessed by the Homeowner for repairs and
replacement of structural and mechanical systems as approved by the City.
Upon resale of a Housing Unit or termination of a Ground Lease, funds
accumulated in the Homeowner’s Repair and Replacement Reserve shall be
used by the City to fund improvements for Housing Units in the CLT
Program’s inventory.
5.4 Option to Purchase Terms
In the event that the Homeowner elects to sell the Housing Unit during the
Ground Lease term, the Homeowner shall notify the City, and the City shall have
the option to purchase the Housing Unit pursuant to Section 5.2: Resale Price and
Equity Determination. If the City declines or the purchase option expires, the
Homeowner has the right to sell the Housing Unit in coordination with the City
and pursuant to the terms contained herein. Any sale or transfer of a Housing Unit
is subject to either an assignment of an existing Ground Lease, with approval by
the City, or the execution of a new Ground Lease with the City.
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5.5 Property Taxes
Homeowners are responsible for paying property taxes on the Housing Unit, as
assessed by Salt Lake County or other local taxing districts. If the Housing Unit is
financed with a mortgage obtained through the CLT Program, the City may hold
an escrow account to collect and pay property taxes and insurance on behalf of the
Homeowner. If the Homeowner does not have mortgage financing with the City,
the Homeowner shall be responsible for paying property taxes directly to Salt
Lake County.
6. DEFERMENT, MODIFICATION, AND DEFAULT
6.1 Temporary Payment Modification or Deferment of Homebuyer Loan
If a Homeowner is experiencing an economic hardship, the Homeowner may
apply for a modification of payments or a full or partial deferment of payments to
the City. To receive a payment modification or deferment, the Homeowner shall
demonstrate that its household’s DTI percentage exceeds 45% considering all
revolving debt including the CLT Program payments. The portion of monthly
payment amount to be modified or deferred shall be based on the 45% DTI
threshold. Requests for modifications or deferment shall be evidenced by a
financial analysis of the household’s income and debt obligations. Modifications
or deferments may be approved by the Housing Program Funds Loan Committee
for up to 12 months and may be reauthorized on an annual basis for up to thirty-
six (36) months, consecutive or nonconsecutive, during the term of the loan. If a
loan deferment is granted, the loan shall be extended for an equivalent period of
time.
6.2 Modification of a Homebuyer Loan
If the ability to defer has been exhausted, a Homeowner may request a permanent
modification to a Mortgage Loan issued by the City. The modification may
include adjustment of the term and/or interest rate to make the loan payments
more affordable. Modifications shall be reviewed by the Housing Program Funds
Loan Committee and unanimously approved by the Director of Housing Stability,
Director of CAN, and Chief Financial Officer or designee.
6.3 Default
If a Homeowner defaults on a Homebuyer Loan and/or Ground Lease and does
not remedy the default, the City may terminate the Ground Lease and repurchase
the Housing Unit subject to Section 5.2: Resale Price and Equity Determination.
7. REPORTING
CAN shall submit a report on the CLT Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program including an overview of the
inventory of Housing Units, purchase and sale transactions, and budget expenditures and
revenue. To keep the identity of Homeowners confidential, reporting shall include the census
block group of the Housing Unit rather than the address.
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Exhibit A to the Salt Lake City Community Land Trust Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
10
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
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b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Naturally Occurring
Affordable Housing Preservation Program)
WHEREAS, Salt Lake City Corporation (City), through the Salt Lake City Naturally
Occurring Affordable Housing (NOAH) Preservation Program, supports the goals of preserving
naturally occurring affordable housing stock and preventing displacement of current Salt Lake
City residents; and
WHEREAS, the NOAH Preservation Program provides financial assistance to property
owners of naturally occurring affordable housing to carry out property improvements in return
for a long-term covenant to preserve affordability; and
WHEREAS, adopting a legislative policy for the Salt Lake City NOAH Preservation
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, ensure alignment with City best practices, and increase
compliance with state and federal requirements; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Naturally Occurring Affordable Housing
Preservation Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Naturally Occurring Affordable
Housing Preservation Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
________________________________
City Recorder
April 17, 2025
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Exhibit A to the Resolution
Salt Lake City NOAH Preservation Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) NOAH Preservation Program (Program)
provides financial assistance to property owners (Owners) of naturally occurring
affordable housing (NOAH) to carry out property improvements in return for a
long-term covenant to preserve affordability. NOAH properties, constituting one
of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires
the property to be rented at an affordable rate. The lack of covenants and
subsidies makes NOAH assets vulnerable to either redevelopment or disrepair,
both of which create instability for communities. When NOAH properties are
redeveloped due to market speculation or upgrades that result in higher rents,
existing renters are displaced, and affordable housing units are lost. To preserve
Salt Lake City’s affordable housing stock and prevent displacement, the Program
shall provide grants and low interest loans to Owners with the shared goal of
preserving affordability for the long term.
1.2 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including the
administration and loan servicing aspects of the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan
Fund (THLF) pursuant to the Salt Lake City Housing Program Funds Legislative
Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the
Program, as well as other sources of revenue generated from the Program, shall be
considered Program Income. The financial management of Program Income shall
be pursuant to the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue loans to eligible Owners.
3. ELIGIBILITY REQUIREMENTS
3.1 Eligible Properties
3
Eligible properties shall be properties located within Salt Lake City boundaries
that:
A. Currently do not have a deed restriction or covenant requiring affordable
rents; or that have a project-based affordability deed restriction or covenant
that is due to expire within three years from the date of application;
B. Include housing units that are currently being rented at a rate affordable to
households at or below 80% of the area median income (AMI) as defined by
the U.S. Department of Housing and Urban Development (HUD), hereafter
referred to as an Affordable Unit. An Affordable Unit shall have an
annualized rental rate, including cost for basic utilities, that does not exceed
thirty percent (30%) of the maximum monthly income permissible for the
applicable AMI, assuming a household size equal to the number of bedrooms
in the unit plus one (Affordable Rate); and
C. Are current and in good standing with the City on real estate taxes, water, and
sewer payments.
3.2 Eligible Owners
Eligible Owners include for-profit, non-profit, and limited equity cooperative
(LEC) organizations that are existing owners or buyers of Eligible Properties, and
that:
A. Demonstrate a gap between the funding required to improve, maintain, and/or
operate the property while maintaining Affordable Rates for the Affordable
Units and the amount of financing available from traditional sources;
B. Demonstrate property management experience; or participation in technical
assistance to ensure the successful management and operation of NOAH
properties;
B. Are tax compliant and current on all City loans related to existing projects
undertaken by the Owner and/or any related entity of the Owner;
C. Possess all necessary legal and corporate authorization to incur the obligations
of the Program financing;
D. Possess the appropriate business license, or commit to obtain the appropriate
business license, to operate rental housing within Salt Lake City; and
E. Are enrolled in Salt Lake City’s Landlord Tenant Initiative.
3.3 Eligible Activities
A. Capital expenses for emergency stabilization activities, including but not
limited to roof repair, mold remediation, building systems, building envelope,
life safety issues, or other physical needs that could impact the health and
quality of life for current residents, or compromise the building structure.
B. Capital expenses to provide necessary renovations to ensure the long-term
viability of the property with the Affordable Units. Renovations may include,
but not be limited to kitchen/bathroom upgrades, paint and flooring upgrades,
historic preservation activities, and common area improvements.
C. If in conjunction with capital expenses, operating expenses may be eligible to
address operating shortfalls and to stabilize the property.
D. Capital expenses relating to the improvement or preservation of a LEC, or
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other shared equity model, in which a self-governing group of residents
organize to form a corporation or cooperative to purchase the property.
Eligible activities include costs related to renovation/rehabilitation required to
ensure the long-term viability of the LEC.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
Mechanism housing authority or
other qualified
agency
the HUD Local
Payment Standard
with a housing
voucher
per Affordable Unit
and loan
per Affordable Unit
and loan
per Affordable Unit
and loan
Ratio
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
for up to 30 years;
any loan amounts to
be repaid as balloon
payment due at the
end of the loan term
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
payments
Contribution cost cost cost
5. REQUIREMENTS
5
A. Rent Restriction: The monthly rent for the Affordable Units, including all
required housing costs per unit, such as utilities and other charges uniformly
assessed to all apartment units other than charges for optional amenities and
services, shall be as follows:
a. Deed Restricted Units: The maximum monthly gross rental rate shall
not exceed thirty percent (30%) of the maximum monthly income
permissible for the applicable AMI, assuming a household size equal
to the number of bedrooms in the unit plus one.
b. Master Lease Units: The maximum monthly gross rental rate shall not
exceed the fair market rent (FMR) or the maximum HUD local
payment standard for the Housing Choice Voucher (HCV) program,
whichever is lower.
B. Income Restriction: The Affordable Units shall be made available only to
Eligible Households that are qualifying occupants with an annual income at or
below the AMI as applicable for the given Affordable Unit for Salt Lake City
Utah, HUD Metro FMR Area as periodically determined by HUD and
adjusted for household size. Eligible Households shall qualify upon moving
into an Affordable Unit.
C. Tenure: Affordable Units shall be provided as permanent housing as
evidenced through a lease with a minimum tenure of six (6) months.
D. Improvement, Operating, and/or Marketing Plan: Borrowers shall provide a
physical remediation plan, operating plan, and/or management strategy, as
applicable to the project.
E. Fair Housing: Borrowers shall establish an affirmative Fair Housing
Marketing Plan, including offering units to HCV and other tenant-based rental
assistance voucher holders.
F. Anti-displacement: Tenants may not be permanently displaced due to
rehabilitation activities. Borrowers must establish a tenant relocation plan if
tenants are temporarily displaced as a result of rehabilitation activities.
G. No Net Decrease in Affordable Units: Projects shall not result in a net
decrease of affordable housing units, provided however that a net decrease in
units may be approved by the City on a case-by-case basis if the net decrease
in units is to facilitate larger unit sizes with more bedrooms or to facilitate
rental rates at lower AMI.
H. Deferred Payments: Any outstanding loan balance shall be due at the
expiration of the Affordability Term or Loan Term, whichever comes first.
6. APPROVAL PROCESS
Program funds shall first be available through a competitive notice of funding availability
(NOFA) process. For each issued NOFA, the City shall evaluate and consider
applications for approval as follows:
A. Eligibility Review: Applications shall be reviewed by staff to verify that
eligibility requirements are met.
B. Review Committee: For applications that meet the basic eligibility requirements,
applications shall be forwarded to the Housing Program Funds Loan Committee
6
for review and recommendation. Applications that the Housing Program Funds
Loan Committee ranks competitively shall be recommended to the City Council
for a funding allocation.
C. City Council: The City Council shall make the final selection of projects to
receive a funding allocation, subject to the necessary requirements to execute
funding agreements.
If Program funds do not get disbursed through the NOFA, the City may offer the funds
on a first-come, first-served basis, subject to a review by the Housing Program Funds
Loan Committee and approval by the City Council.
7. LOAN DEFERMENT AND MODIFICATION
In the event of economic hardship the City may provide payment deferment or a loan
modification. Such adjustment to loan terms shall be considered on a case-by-case basis
and shall be subject to a thorough review of the project's financial standing and other
relevant information. The process for providing a loan deferment or modification is as
follows:
A. Deferment: The Director of CAN may elect to provide the borrower a temporary
forbearance or deferment of payment for up to twenty-four (24) months,
consecutive or nonconsecutive. If a loan deferment is granted by the City, the loan
term shall be extended for an equivalent period.
B. Modification: If the 24-month loan deferment has been exhausted and the
borrower continues to experience an economic hardship, the borrower may apply
for a modification of loan terms to facilitate affordability of the borrower’s
monthly loan payments. The Housing Program Funds Loan Committee shall
review such requests and provide a recommendation that is forwarded to the City
Council, who shall consider and act upon all such requests.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program, including a summary of
projects completed including a summary of units and affordability levels, number of new
grants and loans, total outstanding balance of the loan portfolio, and number of
delinquencies.
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Exhibit A to the Salt Lake City NOAH Preservation Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
8
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
9
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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Exhibit E: Summary of Related Council Briefings
Past Briefings
February 7, 2023: Council was informed about these Direct Delivery programs and dormant
program income through a “Briefing on aligning budget and procedural processes of certain
programs administered by the Housing Stability Division with current City best practices”
transmittal, transmitted on December 30, 2022. This transmittal identified, in part:
Summary:
“Direct Delivery Programs: Most of the Direct Delivery Programs’ resources are
dedicated to working directly with prospective and current homeowners to promote safe,
healthy, and affordable homeownership. These efforts complement the focus of the
Redevelopment Agency (“RDA”) to work with developers on the development and
preservation of housing units. There are twelve full-time positions within Housing
Stability dedicated to administering these programs. Refer to Attachment A: Housing
Stability Programs and Activities Matrix for more information on the efforts currently
centralized under Housing Stability. A summary of the current Direct Delivery
Programs for housing and neighborhood development is as follows: Home Rehabilitation
Programs, Homebuyer Programs, Community Land Trust, Targeted and Small Repair
(formerly Handyman) Programs, HOME Development Fund, Neighborhood Business
Improvement Program, and Fix the Bricks.
Direct Delivery Programs - Budget Overview: On May 3, 2022, the Administration
submitted a transmittal regarding a ~$12 million surplus in unused HUD program income
(the “Dormant PI”). The Dormant PI was generated over multiple decades by various
Direct Delivery Programs and originated from CDBG and HOME funds. Subsequently,
the Council approved ~$12 million in Dormant PI through the FY 2023 budget, pending
future approval by the Council on uses of the funds. The circumstances that led to the
accumulation of Dormant PI have been rectified, with newly generated program income
now being recaptured and allocated through a subsequent HUD application process.
Since the Dormant PI transmittal was submitted, the Administration has determined that
additional sources of program income and other funds are available for allocation. The
following is intended to provide a comprehensive overview of the current budget of HUD
funding as well as the balances of other accounts that have historically been utilized for
the Direct Delivery Programs. This summary does not include funding for the Fix the
Bricks program, as that program was recently transferred to Housing Stability and does
not warrant the same level of examination.
Process Improvements: The Administration has identified the need to align Direct
Delivery Programs with current City practices, paying particular attention to the Home
Rehabilitation, Homebuyer, and CLT programs since they are more complex and utilize
both federal and local funds. Recommendations are as follows: Establish Formal Policies
and Procedures, Increase Budget Transparency, Alignment with the Open and Public
Meetings Act, and Establishment of a Homeowner Revolving Loan Fund.”
Council Feedback: The Council asked questions about the current CLT eligibility
requirements and acquisition process, how the proposed revolving loan fund would be
structured, and whether it would use HUD or general funds. Current CLT properties
included a mix of HUD and general funds, and the Administration will look to the
Council for direction on funding, and source of funding for a revolving loan fund. The
Council asked the Administration to review and coordinate with the Redevelopment
Agency (RDA) (now CRA) and other City Departments to avoid duplication of direct
delivery services. The Council also asked clarifying questions about the differences
between direct delivery programs verses grant subrecipients.
February 14, 2023: Council received a follow-up briefing on housing-related initiatives and
programs offered by Salt Lake City and the RDA of Salt Lake City, in relation to the December
30, 2022 transmittal.
Then through a separate briefing, CAN and Housing Stability presented on HUD-related
dormant program income, including timelines to utilize those funds, and eligible uses through a
“Briefing on unallocated HUD program income funds” transmittal, transmitted on May 3, 2022.
Summary: CAN and RDA briefed the Council through a follow up presentation in
relation to the February 7, 2023, briefing on “aligning budget and procedural processes
of certain programs administered by the Housing Stability Division with current City best
practices” transmittal, transmitted on December 30, 2022.
Additionally, CAN and Housing Stability briefed Council on dormant HUD program
income and potential uses.
Council Feedback: The Council asked CAN and RDA about the differences and
interaction of federal and non-federal funding to support the development of affordable
housing, and the difference between projects and programs. The Council asked both CAN
and RDA to develop and implement clear processes for developers and the general public
regarding available City development funds.
Additionally, the Council asked CAN and Housing Stability about the Direct Delivery
programs and recognizing and committing dormant HUD program income in a timely
manner that meets HUD requirements. The Council asked that the funds align with City
accounting procedures, housing priorities, and leverages City surplus properties and other
affordable housing projects. The Council asked CAN and Housing Stability to prioritize
workforce housing, low- to moderate-income housing, small business economic
development assistance in commercial areas, and rent and mortgage assistance for low-
income households.
October 10, 2023: Council was again briefed through a “Substantial Amendments to the Salt
Lake City five-year 2020-2024 Consolidated Plan, and one-year 2023-2024 Annual Action Plan
to recognize and utilize U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
generated Program Income” transmittal, transmitted on September 23, 2023. This transmittal
identified, in part:
Summary: Housing Stability reviewed dormant HUD restricted program income, HUD
restrictions and eligible uses, proposed uses based on previous Council direction, and
how Housing Stability will work with the RDA to publicly notice available development
funds through the RDA Notice of Funding Availability (NOFA).
Council Feedback: The Council asked clarifying questions about the NOFA funding
sources.
August 13, 2024: Council was again briefed through a “Draft legislative policies for the Housing
Program Funds, including the establishment of a Tenant and Homeowner Loan Fund, and the
Direct Delivery Housing Programs” transmittal, transmitted on April 1, 2023. This transmittal
identified, in part:
Summary:
“Salt Lake City Home Repair Program Policy:
The City has been operating the Home Repair Program for decades. The program
provides grants and loans to low and moderate-income homeowners, defined as 80% of
the area median income (AMI) and below, to address emergency and chronic home repair
needs. While Housing Stability has been administering the program pursuant to HUD
regulations, legislative polices have never been formally adopted by the Council.
Salt Lake City Community Land Trust (“CLT”) Program Policy:
The City has been operating the CLT program since the Council adopted resolution 12 of
2017 which satisfies the requirements of Utah Code Section 10-8-2, in effect authorizing
the City to sell properties at below-market value to facilitate affordable homeownership
opportunities.
Salt Lake City NOAH Preservation Pilot Program Policy:
Through the FY24 budget, the Council allocated $1.2 million for a Naturally Occurring
Affordable Housing (NOAH) preservation pilot program. NOAH properties –
constituting one of Salt Lake City’s largest supply of affordable housing stock – maintain
affordable rents without public subsidy and, therefore, do not have a covenant that
requires the property to be rented at an affordable rate. These properties are often aging,
integrated into established neighborhoods, owned by small to medium scale landlords,
and/or are at risk of rent increases through redevelopment or property improvements.
Salt Lake City Housing Programs Fund Policy:
This policy will establish standards for the budgeting, accounting, and reporting of the
Housing Program Funds, and will establish a revolving loan fund, to be named the Salt
Lake City Tenant and Homeowner Loan Fund (THLF). This will serve as a self-
replenishing pool of revenue to fund the Direct Delivery Programs. Within the draft
policy, the budgeting process for revenue and treatment of program income is based on
the source of funding as follows: New Revenue, Restricted Revenue and Unrestricted
Program Income.
Budget Considerations:
Through the FY24 budget process, the Council allocated $1.2 million to the NOAH
program from the unrestricted program income. In addition to the NOAH funding, there
is $5,920,000 available in unrestricted program income that was approved by the Council
as part of the FY 24 budget, but has not been allocated to a specific use or program.
Through various briefings, the Administration has proposed that additional dormant
program income be allocated to capitalize the THLF, with the following allocations to
specific Direct Delivery Programs:
• Home Repair Program: $500,000
• CLT Program with Homebuyer Mortgages: $2,100,000
If the Council is supportive of budget allocations to these programs, the Administration
will prepare a budget action item for the Council’s consideration. As new program
income is generated, the program income is proposed to be recycled through the THLF
pursuant to the Housing Program Funds Policy. Not related to these programs, the
Administration has proposed that the unrestricted program income be used to pay off two
lines of credit that were utilized years ago to assume shares in homebuyer mortgage loans
issued by the City. The current balance required to pay off these lines of credit is
~$2,604,000, as payments are being made monthly and the principal is decreasing.
Paying off these lines of credit will save the City a significant amount of interest. In
addition, the Administration has proposed that $180,000 of dormant program income be
used for a Tenant Relocation Program that the City is establishing based on the policies
priorities adopted through Thriving in Place, the City’s anti-displacement plan. In regard
to any remaining unrestricted program income, the Administration proposes that that
funding be allocated to the THLF for future allocation to a specific Direct Delivery
Program.”
Council Feedback: Included clarifying questions about the new Revolving Loan Fund,
program income budgeting proposals, and combing HUD and FoF application processes.
Council requested a follow-up briefing specific to the FoF - Housing Programs Funds.
October 15, 2024: Council was most recently briefed through a “Follow-up to the draft
legislative policies for the Housing Program Funds focusing on Funding Our Future”
transmittal, transmitted September 30, 2024. This transmittal identified, in part:
Summary:
“Funding Priorities:
Programs and activities that implement the moderate-income housing plans, anti-
displacement plans, and/or other plans related to housing stability programs.
Funding Categories:
Specific funding eligibility categories shall include the following: Tenant Housing
Assistance, and Equity and Homeownership Assistance.
Application and Recommendations Process:
A FoF competitive application process will be combined with the longstanding
competitive application process to allocate HUD funding. After applications are
collected, the applications will be reviewed and funding recommendations made by the
Community Development and Capital Improvement Program (CDCIP) advisory board,
followed by the Mayor, with final funding allocations made by the City Council. As such,
the funding requests/recommendations for HUD and FoF will be provided to the Council
through the same process, allowing for better coordination of funding that is intended for
the same purposes.”
Council Feedback: The Council was receptive to the streamlining and coordination of the
HUD and FoF-Housing Program Funds application and recommendation processes.
Overall, from the briefings Council has provided the Administration direction that is supportive
of the draft legislative policies. The Administration said that CAN and Housing Stability would
follow up with formal resolutions with the incorporation of any provided Council feedback.
Next Steps
As stated, at August 13, 2024 briefing the ultimate goal is to accomplish the following through
resolutions:
Adopt formal resolutions to establish legislative criteria for the Direct Delivery Housing
Programs (the Home Repair Program, the Community Land Trust Program, and the Naturally
Occurring Affordable Housing Preservation Pilot Program) and the Housing Program Funds, that
include the creation of a Housing Program Loan Committee and a Tenant and Homeowner Loan
Fund.
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Item F2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Allison Rowland, Senior Policy Analyst
DATE:August 12, 2025
RE: RESOLUTION: LEGISLATIVE POLICY AND BUDGETARY GUIDELINES FOR THE
HOME REPAIR PROGRAM
MOTION 1 – ADOPT
I move that the Council adopt the Legislative Policy and Budgetary Guidelines for the Salt Lake City Home
Repair Program.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
04/29/2025
Date Sent to Council:
05/06/2025
From:
Department *
Community and Neighborhood
Employee Name:
Royall, Heather
E-mail
heather.royall@slc.gov
Department Director Signature
Director Signed Date
05/05/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
05/06/2025
Subject:
Housing Program Policies
Additional Staff Contact:
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.gov
Presenters/Staff Table
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.govHeather Royall - heather.royall@slc.gov
Document Type
Resolution
Budget Impact?
Yes
No
Recommendation:
Adopt resolutions to establish legislative policies for the housing program funds, Home Repair Program, Community Land Trust, and NOAH Preservation Program.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
The Administration has briefed the Council on February 7, 2023, February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget allocations are subject to the City’s budgeting process.
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ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: Salt Lake City (City) utilizes various funding sources to
support housing and community development activities. These funding sources primarily include
U.S. Department of Housing and Urban Development (HUD) grant programs, Funding Our
Future (FoF) sales tax funds, and program income, collectively called the Housing Program
Funds. While some of the funds are deployed to community partners, the City retains a portion of
the Housing Program Funds to administer activities and programs directly to tenants,
homeowners, landlords, and property owners, through programs known as the Direct Delivery
Programs.
On August 13, 2024, the City Council was first briefed on the draft legislative policies for the
Housing Program Funds and certain Direct Delivery Programs. Once adopted, the legislative
policies will establish programmatic standards and the process for allocating funding through the
City’s budget process and to program recipients. Since the August 2024 briefing, the
Administration has revised the policies based on the Council’s feedback and a thorough review
by the Attorney’s Office. Currently, this transmittal includes the following Resolutions for the
Council’s consideration:
1. Housing Program Funds Legislative Policy (Exhibit A):
Establishes financial and reporting standards for the Housing Program Funds; establishes
a Housing Program Funds Loan Committee that reviews and, in certain instances,
approves funding allocations to projects and activities; and establishes the Tenant and
Homeowner Loan Fund, a revolving loan fund pool of revenue to fund the Direct
Delivery Programs.
2. Home Repair Program Legislative Policy (Exhibit B):
Establishes standards for a program that provides financial assistance to low- and
moderate-income homeowners for expenses related to maintaining safe and stable
housing in order to preserve housing and the health and well-being of occupants. The
City provides project management services and issues funding directly to the construction
contractor on behalf of the Homeowner.
3. Community Land Trust Program Legislative Policy (Exhibit C):
Establishes standards for a program that facilitates homeownership opportunities for low-
and moderate-income (LMI) households and to maintain the units as affordable over the
long-term. Equity is shared between the City and the homeowner upon the sale of the
home to a third party to promote wealth building. The City designates property as part of
the land trust model, retaining ownership of the land and selling only the housing unit to
a qualified homebuyer. To facilitate affordability for the homebuyer, the City leases the
land to the homebuyer through a below-market rate ground lease and may provide
mortgage financing.
4. NOAH Preservation Program Legislative Policy (Exhibit D):
Establishes standards for a program that provides financial assistance to property owners
of naturally occurring affordable housing (NOAH) to carry out property improvements in
return for a long-term covenant to preserve affordability. NOAH properties, constituting
one of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires the
property to be rented at an affordable rate. The program will provide grants and low
interest loans to these properties in order to improve the housing stock and preserve
affordability for the long term.
Through the fiscal year 2026 Mayor’s Recommended Budget, the Administration will propose
that program income that was generated over several years from various housing activities,
referred to as Dormant Program Income, be allocated to the Direct Delivery Programs.
PUBLIC PROCESS: The Administration has briefed the Council on February 7, 2023,
February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget
allocations are subject to the City’s budgeting process.
EXHIBIT:
A. Resolution - Housing Program Funds Legislative Policy
B. Resolution - Home Repair Program Legislative Policy
C. Resolution - CLT Program Legislative Policy
D. Resolution - NOAH Program Legislative Policy
E. Summary of Related Council Briefings
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Housing Program Funds)
WHEREAS, Salt Lake City Corporation (City), through the use of Housing Program
Funds, supports the goals of helping address housing affordability for all residents and providing
increased affordable housing opportunities for low-income households; and
WHEREAS, adopting a legislative policy for the Salt Lake City Housing Program Funds
will facilitate budgetary and reporting transparency, streamline subrecipient application and
recommendation processes, ensure alignment with City best practices, and increase compliance
with state and federal requirements; and
WHEREAS, this legislative policy will also establish a new Housing Programs Loan
Committee and a new Tenant and Homeowner Loan Fund to support the administration of the
Housing Program Funds; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Housing Program Funds.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Housing Program Funds as set forth
in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
April 17, 2025
2
3
Exhibit A
Salt Lake City Housing Program Funds
Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
4
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
5
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
6
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policy and Budgetary Guidelines for the Salt Lake City
Home Repair Program)
WHEREAS, Salt Lake City Corporation (City), through the Home Repair Program,
supports the goals of providing financial assistance to low- and moderate-income homeowners
for expenses related to maintaining safe and stable housing in order to preserve the housing stock
and the health and wellbeing of occupants; and
WHEREAS, adopting a legislative policy for the Home Repair Program will facilitate
budgetary and reporting transparency, streamline recipient application and recommendation
processes, ensure alignment with City best practices, and increase compliance with state and
federal requirements; and
WHEREAS, the City Council does now meet on this ____ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Home Repair Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Home Repair Program as set forth in
Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this _____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
Exhibit A
April 17, 2025
2
3
Exhibit A to the Resolution
Salt Lake City Home Repair Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Home Repair Program (Program) provides
financial assistance to low- and moderate-income homeowners (Homeowners) for
expenses related to maintaining safe and stable housing in order to preserve the
housing stock and the health and wellbeing of occupants. Financial assistance is
facilitated through the execution of an agreement between the City, Homeowner, and
a construction contractor. The City provides project management services and issues
funding directly to the construction contractor on behalf of the Homeowner.
1.2 Project Types
The Program includes two types of projects (Project Types), as follows:
A. Minor Repair: Intended to address minor home repairs and accessibility needs.
B. Home Rehabilitation: Intended to correct deficiencies and bring homes up to
applicable City and state building codes.
1.3 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including staff to
manage the administration, construction management, and loan servicing aspects of
the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan Fund
(THLF) pursuant to the Salt Lake City Housing Program Funds Legislative Policy,
attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the Program,
as well as other sources of revenue generated from the Program, shall be considered
Program Income. The financial management of Program Income shall be pursuant to
the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue grants and loans to eligible
Homeowners.
3. ELIGIBILITY REQUIREMENTS
4
3.1 Eligible Properties
Eligible properties shall be owner-occupied housing units located within Salt Lake
City boundaries. The property’s real estate taxes, water, and sewer payments must be
current and in good standing with the City, provided however that Program funding
may be utilized to address code violations.
3.2 Eligible Costs
Eligible Costs shall include up to 100% of the cost of labor and materials to correct
substandard conditions, correct violations of applicable City and state building codes,
and to implement certain types of improvements, as follows:
A. Replacement and repair of principal fixtures
B. Replacement and repair of components of existing structures
C. Installation of security and safety devices
D. Weatherization and conservation improvements including for water and energy
efficiency
E. Accessibility improvements and upgrades
F. Lead, radon, and other hazard mitigation
G. Closing costs, loan origination fees, and loan servicing fees
3.3 Eligible Homeowners
Homeowner eligibility shall be based on the following criteria by Project Type:
A. Minor Repair:
a. Have a household income of 80% of the area median income (AMI) and
below; and
b. Have a primary resident that is either a senior (aged 62 years or older) or
living with a disabling condition that is recognized by the U.S. Department of
Housing and Urban Development (HUD).
B. Home Rehabilitation:
a. Homeowners shall reside at the property as their principal residence for the
term of the loan;
b. Have a household income of 80% AMI and below; and
c. For households obtaining an amortizing loan:
i. Have sufficient income to pay back the loan, as determined by the ratio of
the Homeowner’s debt-to-income (DTI). Total monthly revolving debts,
including the costs for the Home Repair Program loan, cannot exceed a
DTI of 45% of the gross monthly income or the maximum amount
allowed under HUD’s First Time Homebuyer Program or its successor. In
addition to a DTI of 45% or lower, the Homeowner shall be required to
demonstrate sufficient income, defined as the amount of money a
household has left over each month after paying major expenses such as
mortgages and car loans, to cover the cost of household needs such as
food, clothing, and other household essentials.
5
ii. Have a good history of meeting their financial obligations, as determined
by the Homeowner’s credit report.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
PROJECT
TYPE:
MINOR REPAIR HOME REHABILITATION
and a senior or a senior or disabling
Requirement
Occupancy
Requirement
upon distribution
of funds
and occupancy
Assistance annually; lifetime
limit of $20,000
$50,000 per
Homeowner
property
NOTES:
• Senior: Senior is defined as solely occupied by persons 62 years of age or older or
the head of household(s) are 62 years of age or older.
• Disabling Condition: Disabling Condition as defined by HUD.
• Conditional Grants: Conditional grants shall be forgiven over a 5-year term on a
prorated basis if compliance with terms is maintained. Accordingly, 20% of the
grant shall be forgiven annually. If conditions are not met, the outstanding balance
of the Conditional Grant shall convert to an Amortized Loan at the Default
Interest Rate with a maximum Term of 10 years.
• Deferred Loans: Deferred loans shall become payable upon sale or transfer of the
property or if the homeowner no longer lives in the property as an owner-
occupant.
• Transfer of Loans: Loans may be transferred to certain heirs, including a spouse,
child, or domestic partner, that assume title of the property, subject to prior
6
written approval from the City. Eligibility of loan transfer will subject to income
qualification and be analyzed on a case-by-case basis.
• Amortized Loans:
Term: Amortized loans shall have a 20-year term but may be shorter if the
applicant demonstrates the ability to accelerate repayment based on a DTI
analysis.
Interest Rate: Amortized loans shall have an interest rate that is
competitive to the current market rate but shall be no lower than 3%
unless the applicant demonstrates the need for a lower payment based on a
DTI analysis.
Maximum Assistance: The Maximum Assistance amount for amortized
loans shall be sized to the lower of $50,000 or the maximum amount
affordable with the DTI maximum established in Section 3: Eligibility
Requirements.
5. APPROVAL PROCESS
Funding shall be awarded on a first come first served basis, as per the date a complete
application is submitted. Once a completed application is submitted, the application shall be
processed for approval as follows:
A. Staff shall verify that all Eligibility Requirements are met. If requirements are not met,
the application will be denied.
B. If Eligibility Requirements are met, Staff shall make a recommendation to the Housing
Program Funds Loan Committee regarding the maximum assistance amount and other
funding terms and conditions based on the standards established in Section 4: Funding
Terms and Conditions.
C. The Housing Program Funds Loan Committee shall review and has the authority to
provide final approval of the funding request within the standards set forth in this policy.
6. PROCUREMENT, CONTRACTING, AND DISBURSEMENT OF FUNDS
Once an application is approved by the Housing Program Funds Loan Committee, a
procurement and contracting process that complies with City ordinances and policies, as well
as HUD policy, shall be carried out. Housing Stability staff shall provide project
management services, in coordination with the Homeowner and contractor, to establish and
carry out a scope of work. Grant/loan proceeds may be disbursed to the contractor through
construction draws.
7. LOAN DEFERMENT AND MODIFICATION
7.1 Temporary Deferment of Amortized Loans
On an annual basis, existing Program borrowers can apply for a partial or full
deferment of monthly loan payments if the household’s DTI percentage exceeds 45%
considering all debt including the Program loan. The amount of monthly loan
payments to be deferred shall be based on the 45% DTI threshold. Requests for
deferments shall be evidenced by a financial analysis of the household’s income and
debt obligations. Deferments may be approved by the Housing Program Funds Loan
7
Committee for up to 12 months and may be reauthorized on an annual basis for up to
five (5) years, consecutive or nonconsecutive, during the term of the loan. If a loan
deferment is granted, the loan shall be extended for an equivalent period of time.
7.2 Permanent Modification or Deferment of Amortized Loans
The following options may be considered if a Program borrower continues to
experience an economic hardship and has exhausted the temporary loan deferment
option provided under Section 7.1:
A. Loan Modification
If a borrower continues to experience an economic hardship, the loan holder may
request a permanent loan modification. The loan modification may include
extension of the loan term up to 30 years and/or an interest rate reduction. Such
requests shall be reviewed and approved by the Housing Program Funds Loan
Committee.
B. Permanent Loan Deferment
If a borrower has experienced a severe and permanent economic hardship, the
borrower may request a permanent deferment of the loan with the loan due upon
sale or transfer of the property. Notwithstanding, the loan may be transferred to
certain heirs including a spouse, child, or a person living in the household for at
least one year prior to Homeowner’s death. The eligibility of a loan transfer shall
be analyzed and approved on a case-by-case basis. In order to be authorized, such
requests shall be reviewed and recommended by the Housing Program Funds
Loan Committee and approved by the Director of CAN.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The report
shall include outcomes associated with the Program, including a summary of projects
completed, number of new grants and loans, total outstanding balance of the loan portfolio,
and number of delinquencies.
8
Exhibit A to Salt Lake City Home Repair Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
9
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
10
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policies for the Salt Lake City
Community Land Trust Program)
WHEREAS, Salt Lake City Corporation (City), through the Community Land Trust
program, supports the goals of helping provide affordable homeownership opportunities to low-
to moderate-income households; and
WHEREAS, adopting legislative policies for the Salt Lake City Community Land Trust
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, align with City best practices, and increase compliance with
state and federal requirements; and
WHEREAS, the City Council does now meet on this day of __________, 2025 to adopt
legislative policies for the Salt Lake City Community Land Trust program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, that the Salt
Lake City Council hereby adopts the attached legislative policies for the Salt Lake City
Community Land Trust Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this day of ______________, 2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
04/17/2025
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Exhibit A to the Resolution
Salt Lake City Community Land Trust Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Community Land Trust (CLT Program)
facilitates homeownership opportunities for low- and moderate-income (LMI)
households and to maintain the units as affordable over the long-term. To promote
wealth building, equity is shared between the City and the homeowner upon the
sale of the home to a third party. The City designates property as part of the land
trust model, retaining ownership of the land (Land) and selling only the housing
structure (Housing Unit) to a qualified homebuyer (Homebuyer or Homeowner).
To facilitate affordability for the Homebuyer, the City leases the Land to the
Homebuyer through a below-market rate lease (Ground Lease) and may provide
mortgage financing for the purchase of the Housing Unit (Homebuyer Loan).
1.2 Policy Objectives
The CLT Program shall promote:
A. Affordable homeownership as a way for LMI households to build wealth and
achieve financial stability through equity sharing.
B. Affordable homeownership as a way to reject historical policies that precluded
minorities and others from purchasing a home and widened the racial and
minority wealth gap.
C. Affordable homeownership in areas of opportunity as a platform for a range of
positive life outcomes, including those related to health and education.
D. Affordable homeownership opportunities to combat displacement in
neighborhoods faced with gentrification.
1.3 Program Administration
The CLT Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including
management of rehabilitation activities, and loan servicing aspects of the CLT
Program.
1.4 Scope of Services
Homebuyer Loans issued by the City are exclusively available to Homebuyers
participating in the CLT Program; however, a Homebuyer participating in the
CLT Program is not required to utilize Homebuyer Loan mortgage financing
issued by the City and may use another source of financing subject to approval by
the City.
1.5 Program Inventory
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The CLT Program’s inventory shall include residential properties located within
Salt Lake City boundaries that have been acquired by the City and designated as
part of the CLT Program. Once a property is designated as part of the CLT
Program, it shall remain in the CLT Program in perpetuity unless the property is
deemed to no longer serve the mission of the CLT Program or is needed for a
different public purpose. In instances where a property shall be removed from the
inventory and disposed of, the property shall be disposed of pursuant to City Code
2.58: City Owned Real Property or its successor, but with the sales proceeds
designated as program income pursuant to this policy. Properties may be acquired
for the CLT Program, utilizing funds designated by the City Council for such
purposes, through the following ways:
A. The City may purchase properties on the open market.
B. The City may purchase properties where, as part of a mortgage or loan issued
by the City, there is a contractual clause that gives the City the first
opportunity to buy the property.
C. The City or its Community Reinvestment Agency may build Housing Units or
partner with development partners to build Housing Units on surplus or other
City-owned property.
D. The City may purchase property from homeowners who want to place their
home into the CLT Program or who agree to undertake a sale-leaseback
agreement. Under a sale-leaseback agreement, a property owner would sell the
land underneath their house to the City and continue living in the Housing
Unit under a long-term Ground Lease. This would provide property owners,
such as seniors living on a fixed income, with revenue from the land sale
while also adding to the CLT Program’s inventory.
E. The City may acquire property for the CLT Program through other methods,
such as donations or land swaps, provided that the acquisition follows any
applicable process set forth in ordinance or law.
2. PROGRAM FUNDING
2.1 Funding Sources
The CLT Program shall be primarily funded from the Tenant and Homeowner
Loan Fund (THLF) pursuant to the Salt Lake City Housing Program Funds
Legislative Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the CLT
Program, revenue generated from the sale of property, and any other sources of
revenue generated from the CLT Program, shall be considered Program Income.
The financial management of Program Income shall be pursuant to the Salt Lake
City Housing Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized for the following activities:
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A. The repurchase of Housing Units.
B. The rehabilitation of Housing Units to prepare the home for resale.
C. Mortgage financing to Homebuyers of Housing Units.
D. The acquisition or development of property to add new Housing Units to the
CLT Program’s inventory.
3. ELIGIBILITY, PRIORITIZATION, AND APPROVAL PROCESS
3.1 Eligibility Requirements:
To be eligible to participate in the CLT Program, an applicant shall meet the
following threshold requirements:
A. Maximum Income: A household shall have an annual income which does not
exceed 80% of the area median income (AMI) of households of equal size
residing in the Salt Lake statistical areas as defined by the U.S. Department of
Housing and Urban Development (HUD).
B. Creditworthiness: A household shall demonstrate a history of meeting their
financial obligations, as determined by the homeowner’s credit report.
C. Debt Capacity: A household’s debt to income (DTI) percentage, including all
revolving debt inclusive of the prospective mortgage financing, shall not
exceed 45% of the gross monthly income or the maximum amount allowed
under HUD’s First Time Homebuyer Program.
D. Tenure Status: Applicants shall be a first-time homebuyer or have not owned a
home in the past five (5) years, or a single parent or individual who has only
owned a home with a former spouse or partner while married or in a domestic
partnership.
3.2 Application Prioritization and Housing Unit Selection:
Applicants that successfully meet the Eligibility Requirements set forth in section
3.1 (Pre-Approved Applicants) will be placed on a waitlist that is administered on
a first-come, first-served basis; provided, however, that Pre-Approved Applicants
that meet one or more of the following criteria will be escalated on the waitlist
higher than Pre-Approved Applicants that do not meet these criteria:
A. Households that currently reside in Salt Lake City municipal boundaries and
have done so for twelve (12) consecutive months or longer.
B. Households that have previously lived in Salt Lake City for a minimum of
five (5) consecutive years, and that were displaced within the preceding five
(5) years due to rising housing costs or redevelopment of property.
Once a Housing Unit becomes available, CAN staff will offer it to the first
prioritized Pre-Approved Applicant. The applicant may select to move forward
with purchasing the Housing Unit or may decline to move forward with that
particular Housing Unit. If a Pre-Approved Applicant passes on a Housing Unit,
the Housing Unit will be offered to the next prioritized applicant on the waitlist. A
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Pre-Approved Applicant may pass on a Housing Unit and remain in the same
position on the waitlist. Applicants shall demonstrate that they meet eligibility
requirements at the time of application and at the time of closing.
3.3 Mortgage Financing Approval Process:
Once a Pre-Approved Applicant is matched with a Housing Unit, the Pre-
Approved Applicant shall obtain mortgage financing in one of two ways, as
follows:
A. If the Pre-Approved Applicant is obtaining independent mortgage financing,
the applicant shall provide the City with evidence of the third-party financing
amount and terms and the third-party lender’s acknowledgement of
participation in the CLT Program; or
B. If the Pre-Approved Applicant is obtaining a Homebuyer Loan through the
City, staff shall underwrite the loan pursuant to the standards established in
Section 4: Homebuyer Loans – Terms and Conditions.
The Housing Program Funds Loan Committee shall review and has the authority
to approve the Pre-Approved Applicants acquisition of the Housing Unit and, if
applicable, the terms of the Homebuyer Loan to be issued by the City within the
standards set forth in this policy.
4. HOMEBUYER LOANS - TERMS AND CONDITIONS
If the Homebuyer elects to obtain a Homebuyer Loan issued by the City, the loan shall be
underwritten and issued pursuant to the following terms and conditions:
A. Maximum Loan Amount: Up to 100% of the purchase price of the Housing
Unit as determined by Section 5.
B. Debt to Income Maximum: The DTI maximum is the limit established in
Section 3: Eligibility Requirements.
C. Interest Rate: The interest rate shall be 3%, provided however that a
household’s debt to income (DTI) percentage, including all debt inclusive of
the prospective loan, is below the DTI maximum established in Section 3:
Eligibility Requirements. If a household’s DTI percentage is above the
threshold, the interest rate may be reduced to meet the threshold. Interest rates
shall at no time be below 1%.
D. Term: The term of the loan shall be up to 30 years.
E. Payments: Payments shall be collected monthly. Late payments are subject to
a 4% late fee.
F. Security: A Deed of Trust will be recorded on the property.
5. COMMUNITY LAND TRUST
5.1 Pricing Overview:
The resale price of Housing Units and equity sharing terms are intended to
balance permanent affordability with equity-building opportunities for the
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Homeowner. If a Homeowner elects to sell their Housing Unit, the Homeowner
shall receive the equity they paid on their mortgage, plus a limited amount of
equity from Housing Unit’s appreciation in value. The following components
shall be considered:
A. Base Price: The Base Price shall be the original purchase price of the Housing
Unit by the Homeowner, including the sum of the Homeowner’s down
payment and the amount mortgaged.
B. Earned Equity: The equity attributed to the Homeowner’s down payment and
principal paid on the mortgage.
C. Equity Appreciation: The equity attributed to the appreciation of the Housing
Unit’s value after its purchase by the Homeowner.
5.2 Resale Price and Equity Determination:
When a Homeowner decides to sell, the Resale Price and corresponding
Homeowner equity determination shall be the lower of the following two options:
A. Option 1 – Appreciation Formula:
• Resale Price: The Base Price plus 1.75% of the Base Price, not
compounding, for each year the Homeowner has owned the Housing Unit.
Formula: (Base Price) + (1.75% x Base Price x years of ownership)
• Homeowner Equity Determination: Earned Equity plus Equity
Appreciation capped at 1.75% of the Base Price for each year of
ownership, not compounding. Formula: (Earned Equity) + (Base Price x
1.75% x years of ownership)
B. Option 2 - Appraised Value:
• Resale Price: If the City believes the Appreciation Formula output is too
high for market conditions, the City may, at its expense, commission a
market valuation of the Housing Unit to determine an Appraised Value.
• Homeowner Equity Determination: The Appraised Value less any
outstanding mortgage debt. Formula: Appraised Value – current
outstanding mortgage debt
• For Housing Units newly added to the program inventory or Housing
Units within the existing inventory that appraise lower than the previously
calculated Appreciation Formula, the City may set the current Resale Price
at the Appraised Value of the Housing Unit as determined by an appraisal,
considering the Housing Unit only and not the value of the land.
5.3 Ground Lease Terms, Fees, Renewal Option
A. Occupancy Requirement: Homebuyers shall maintain the housing unit as a
primary residence continuously over the term of the Ground Lease.
B. Initial Ground Lease Term: Ninety-nine (99) years.
C. Ground Lease Renewal Term: Homeowner shall have the option to extend the
terms of the Ground Lease for ninety-nine (99) years.
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D. Ground Lease Expiration or Termination: Upon expiration or early
termination of a Ground Lease, ownership of the Housing Unit shall revert to
the City, provided that the City shall pay the Homeowner, or the
Homeowner’s heirs upon death, pursuant to Section 5.2: Resale Price and
Equity Determination. The City may elect to not purchase the Housing Unit
from the Homeowner and, in such instance, the Land may be disposed of
pursuant to applicable law.
E. Transfer: Homeowner may transfer the Ground Lease to income qualified
households upon approval by the City, including under the following
conditions:
a. A transfer to a new Homebuyer due to a sale of the Housing Unit if the
City does not exercise its Option to Purchase, as outlined in Section
5.4. The sale shall comply with Section 5.2: Resale Price and Equity
Determination and be approved by the City.
b. A transfer, as approved by the City, to certain heirs upon death of the
Homeowner. Eligible heirs shall include a spouse, designated guardian
of the Homeowner’s child under the age of 18, or a person living in the
household for at least one year prior to Homeowner’s death. The
eligibility of a Ground Lease transfer shall be analyzed and approved
on a case-by-case basis.
F. Ground Lease Fee: $50 per month. The Ground Lease Fee may increase from
time to time but may not be increased more than 3% year-over-year.
G. Common Area Maintenance (CAM) Fee: For multifamily units, a CAM fee
may be assessed that equates to the prorated cost of expenses relating to the
maintenance of common areas.
H. Maintenance and Repairs: The Homeowner is responsible for repairs and
maintenance for both the land and improvements unless otherwise covered by
a CAM Fee.
I. Repair and Replacement Reserve: A modest fee may be collected on a
monthly or annual basis and held by the City in a Repair and Replacement
Reserve account to be accessed by the Homeowner for repairs and
replacement of structural and mechanical systems as approved by the City.
Upon resale of a Housing Unit or termination of a Ground Lease, funds
accumulated in the Homeowner’s Repair and Replacement Reserve shall be
used by the City to fund improvements for Housing Units in the CLT
Program’s inventory.
5.4 Option to Purchase Terms
In the event that the Homeowner elects to sell the Housing Unit during the
Ground Lease term, the Homeowner shall notify the City, and the City shall have
the option to purchase the Housing Unit pursuant to Section 5.2: Resale Price and
Equity Determination. If the City declines or the purchase option expires, the
Homeowner has the right to sell the Housing Unit in coordination with the City
and pursuant to the terms contained herein. Any sale or transfer of a Housing Unit
is subject to either an assignment of an existing Ground Lease, with approval by
the City, or the execution of a new Ground Lease with the City.
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5.5 Property Taxes
Homeowners are responsible for paying property taxes on the Housing Unit, as
assessed by Salt Lake County or other local taxing districts. If the Housing Unit is
financed with a mortgage obtained through the CLT Program, the City may hold
an escrow account to collect and pay property taxes and insurance on behalf of the
Homeowner. If the Homeowner does not have mortgage financing with the City,
the Homeowner shall be responsible for paying property taxes directly to Salt
Lake County.
6. DEFERMENT, MODIFICATION, AND DEFAULT
6.1 Temporary Payment Modification or Deferment of Homebuyer Loan
If a Homeowner is experiencing an economic hardship, the Homeowner may
apply for a modification of payments or a full or partial deferment of payments to
the City. To receive a payment modification or deferment, the Homeowner shall
demonstrate that its household’s DTI percentage exceeds 45% considering all
revolving debt including the CLT Program payments. The portion of monthly
payment amount to be modified or deferred shall be based on the 45% DTI
threshold. Requests for modifications or deferment shall be evidenced by a
financial analysis of the household’s income and debt obligations. Modifications
or deferments may be approved by the Housing Program Funds Loan Committee
for up to 12 months and may be reauthorized on an annual basis for up to thirty-
six (36) months, consecutive or nonconsecutive, during the term of the loan. If a
loan deferment is granted, the loan shall be extended for an equivalent period of
time.
6.2 Modification of a Homebuyer Loan
If the ability to defer has been exhausted, a Homeowner may request a permanent
modification to a Mortgage Loan issued by the City. The modification may
include adjustment of the term and/or interest rate to make the loan payments
more affordable. Modifications shall be reviewed by the Housing Program Funds
Loan Committee and unanimously approved by the Director of Housing Stability,
Director of CAN, and Chief Financial Officer or designee.
6.3 Default
If a Homeowner defaults on a Homebuyer Loan and/or Ground Lease and does
not remedy the default, the City may terminate the Ground Lease and repurchase
the Housing Unit subject to Section 5.2: Resale Price and Equity Determination.
7. REPORTING
CAN shall submit a report on the CLT Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program including an overview of the
inventory of Housing Units, purchase and sale transactions, and budget expenditures and
revenue. To keep the identity of Homeowners confidential, reporting shall include the census
block group of the Housing Unit rather than the address.
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Exhibit A to the Salt Lake City Community Land Trust Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
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activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
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b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Naturally Occurring
Affordable Housing Preservation Program)
WHEREAS, Salt Lake City Corporation (City), through the Salt Lake City Naturally
Occurring Affordable Housing (NOAH) Preservation Program, supports the goals of preserving
naturally occurring affordable housing stock and preventing displacement of current Salt Lake
City residents; and
WHEREAS, the NOAH Preservation Program provides financial assistance to property
owners of naturally occurring affordable housing to carry out property improvements in return
for a long-term covenant to preserve affordability; and
WHEREAS, adopting a legislative policy for the Salt Lake City NOAH Preservation
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, ensure alignment with City best practices, and increase
compliance with state and federal requirements; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Naturally Occurring Affordable Housing
Preservation Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Naturally Occurring Affordable
Housing Preservation Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
________________________________
City Recorder
April 17, 2025
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Exhibit A to the Resolution
Salt Lake City NOAH Preservation Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) NOAH Preservation Program (Program)
provides financial assistance to property owners (Owners) of naturally occurring
affordable housing (NOAH) to carry out property improvements in return for a
long-term covenant to preserve affordability. NOAH properties, constituting one
of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires
the property to be rented at an affordable rate. The lack of covenants and
subsidies makes NOAH assets vulnerable to either redevelopment or disrepair,
both of which create instability for communities. When NOAH properties are
redeveloped due to market speculation or upgrades that result in higher rents,
existing renters are displaced, and affordable housing units are lost. To preserve
Salt Lake City’s affordable housing stock and prevent displacement, the Program
shall provide grants and low interest loans to Owners with the shared goal of
preserving affordability for the long term.
1.2 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including the
administration and loan servicing aspects of the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan
Fund (THLF) pursuant to the Salt Lake City Housing Program Funds Legislative
Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the
Program, as well as other sources of revenue generated from the Program, shall be
considered Program Income. The financial management of Program Income shall
be pursuant to the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue loans to eligible Owners.
3. ELIGIBILITY REQUIREMENTS
3.1 Eligible Properties
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Eligible properties shall be properties located within Salt Lake City boundaries
that:
A. Currently do not have a deed restriction or covenant requiring affordable
rents; or that have a project-based affordability deed restriction or covenant
that is due to expire within three years from the date of application;
B. Include housing units that are currently being rented at a rate affordable to
households at or below 80% of the area median income (AMI) as defined by
the U.S. Department of Housing and Urban Development (HUD), hereafter
referred to as an Affordable Unit. An Affordable Unit shall have an
annualized rental rate, including cost for basic utilities, that does not exceed
thirty percent (30%) of the maximum monthly income permissible for the
applicable AMI, assuming a household size equal to the number of bedrooms
in the unit plus one (Affordable Rate); and
C. Are current and in good standing with the City on real estate taxes, water, and
sewer payments.
3.2 Eligible Owners
Eligible Owners include for-profit, non-profit, and limited equity cooperative
(LEC) organizations that are existing owners or buyers of Eligible Properties, and
that:
A. Demonstrate a gap between the funding required to improve, maintain, and/or
operate the property while maintaining Affordable Rates for the Affordable
Units and the amount of financing available from traditional sources;
B. Demonstrate property management experience; or participation in technical
assistance to ensure the successful management and operation of NOAH
properties;
B. Are tax compliant and current on all City loans related to existing projects
undertaken by the Owner and/or any related entity of the Owner;
C. Possess all necessary legal and corporate authorization to incur the obligations
of the Program financing;
D. Possess the appropriate business license, or commit to obtain the appropriate
business license, to operate rental housing within Salt Lake City; and
E. Are enrolled in Salt Lake City’s Landlord Tenant Initiative.
3.3 Eligible Activities
A. Capital expenses for emergency stabilization activities, including but not
limited to roof repair, mold remediation, building systems, building envelope,
life safety issues, or other physical needs that could impact the health and
quality of life for current residents, or compromise the building structure.
B. Capital expenses to provide necessary renovations to ensure the long-term
viability of the property with the Affordable Units. Renovations may include,
but not be limited to kitchen/bathroom upgrades, paint and flooring upgrades,
historic preservation activities, and common area improvements.
C. If in conjunction with capital expenses, operating expenses may be eligible to
address operating shortfalls and to stabilize the property.
D. Capital expenses relating to the improvement or preservation of a LEC, or
4
other shared equity model, in which a self-governing group of residents
organize to form a corporation or cooperative to purchase the property.
Eligible activities include costs related to renovation/rehabilitation required to
ensure the long-term viability of the LEC.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
Mechanism housing authority or
other qualified
agency
the HUD Local
Payment Standard
with a housing
voucher
per Affordable Unit
and loan
per Affordable Unit
and loan
per Affordable Unit
and loan
Ratio
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
for up to 30 years;
any loan amounts to
be repaid as balloon
payment due at the
end of the loan term
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
payments
Contribution cost cost cost
5. REQUIREMENTS
5
A. Rent Restriction: The monthly rent for the Affordable Units, including all
required housing costs per unit, such as utilities and other charges uniformly
assessed to all apartment units other than charges for optional amenities and
services, shall be as follows:
a. Deed Restricted Units: The maximum monthly gross rental rate shall
not exceed thirty percent (30%) of the maximum monthly income
permissible for the applicable AMI, assuming a household size equal
to the number of bedrooms in the unit plus one.
b. Master Lease Units: The maximum monthly gross rental rate shall not
exceed the fair market rent (FMR) or the maximum HUD local
payment standard for the Housing Choice Voucher (HCV) program,
whichever is lower.
B. Income Restriction: The Affordable Units shall be made available only to
Eligible Households that are qualifying occupants with an annual income at or
below the AMI as applicable for the given Affordable Unit for Salt Lake City
Utah, HUD Metro FMR Area as periodically determined by HUD and
adjusted for household size. Eligible Households shall qualify upon moving
into an Affordable Unit.
C. Tenure: Affordable Units shall be provided as permanent housing as
evidenced through a lease with a minimum tenure of six (6) months.
D. Improvement, Operating, and/or Marketing Plan: Borrowers shall provide a
physical remediation plan, operating plan, and/or management strategy, as
applicable to the project.
E. Fair Housing: Borrowers shall establish an affirmative Fair Housing
Marketing Plan, including offering units to HCV and other tenant-based rental
assistance voucher holders.
F. Anti-displacement: Tenants may not be permanently displaced due to
rehabilitation activities. Borrowers must establish a tenant relocation plan if
tenants are temporarily displaced as a result of rehabilitation activities.
G. No Net Decrease in Affordable Units: Projects shall not result in a net
decrease of affordable housing units, provided however that a net decrease in
units may be approved by the City on a case-by-case basis if the net decrease
in units is to facilitate larger unit sizes with more bedrooms or to facilitate
rental rates at lower AMI.
H. Deferred Payments: Any outstanding loan balance shall be due at the
expiration of the Affordability Term or Loan Term, whichever comes first.
6. APPROVAL PROCESS
Program funds shall first be available through a competitive notice of funding availability
(NOFA) process. For each issued NOFA, the City shall evaluate and consider
applications for approval as follows:
A. Eligibility Review: Applications shall be reviewed by staff to verify that
eligibility requirements are met.
B. Review Committee: For applications that meet the basic eligibility requirements,
applications shall be forwarded to the Housing Program Funds Loan Committee
6
for review and recommendation. Applications that the Housing Program Funds
Loan Committee ranks competitively shall be recommended to the City Council
for a funding allocation.
C. City Council: The City Council shall make the final selection of projects to
receive a funding allocation, subject to the necessary requirements to execute
funding agreements.
If Program funds do not get disbursed through the NOFA, the City may offer the funds
on a first-come, first-served basis, subject to a review by the Housing Program Funds
Loan Committee and approval by the City Council.
7. LOAN DEFERMENT AND MODIFICATION
In the event of economic hardship the City may provide payment deferment or a loan
modification. Such adjustment to loan terms shall be considered on a case-by-case basis
and shall be subject to a thorough review of the project's financial standing and other
relevant information. The process for providing a loan deferment or modification is as
follows:
A. Deferment: The Director of CAN may elect to provide the borrower a temporary
forbearance or deferment of payment for up to twenty-four (24) months,
consecutive or nonconsecutive. If a loan deferment is granted by the City, the loan
term shall be extended for an equivalent period.
B. Modification: If the 24-month loan deferment has been exhausted and the
borrower continues to experience an economic hardship, the borrower may apply
for a modification of loan terms to facilitate affordability of the borrower’s
monthly loan payments. The Housing Program Funds Loan Committee shall
review such requests and provide a recommendation that is forwarded to the City
Council, who shall consider and act upon all such requests.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program, including a summary of
projects completed including a summary of units and affordability levels, number of new
grants and loans, total outstanding balance of the loan portfolio, and number of
delinquencies.
7
Exhibit A to the Salt Lake City NOAH Preservation Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
8
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
9
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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Exhibit E: Summary of Related Council Briefings
Past Briefings
February 7, 2023: Council was informed about these Direct Delivery programs and dormant
program income through a “Briefing on aligning budget and procedural processes of certain
programs administered by the Housing Stability Division with current City best practices”
transmittal, transmitted on December 30, 2022. This transmittal identified, in part:
Summary:
“Direct Delivery Programs: Most of the Direct Delivery Programs’ resources are
dedicated to working directly with prospective and current homeowners to promote safe,
healthy, and affordable homeownership. These efforts complement the focus of the
Redevelopment Agency (“RDA”) to work with developers on the development and
preservation of housing units. There are twelve full-time positions within Housing
Stability dedicated to administering these programs. Refer to Attachment A: Housing
Stability Programs and Activities Matrix for more information on the efforts currently
centralized under Housing Stability. A summary of the current Direct Delivery
Programs for housing and neighborhood development is as follows: Home Rehabilitation
Programs, Homebuyer Programs, Community Land Trust, Targeted and Small Repair
(formerly Handyman) Programs, HOME Development Fund, Neighborhood Business
Improvement Program, and Fix the Bricks.
Direct Delivery Programs - Budget Overview: On May 3, 2022, the Administration
submitted a transmittal regarding a ~$12 million surplus in unused HUD program income
(the “Dormant PI”). The Dormant PI was generated over multiple decades by various
Direct Delivery Programs and originated from CDBG and HOME funds. Subsequently,
the Council approved ~$12 million in Dormant PI through the FY 2023 budget, pending
future approval by the Council on uses of the funds. The circumstances that led to the
accumulation of Dormant PI have been rectified, with newly generated program income
now being recaptured and allocated through a subsequent HUD application process.
Since the Dormant PI transmittal was submitted, the Administration has determined that
additional sources of program income and other funds are available for allocation. The
following is intended to provide a comprehensive overview of the current budget of HUD
funding as well as the balances of other accounts that have historically been utilized for
the Direct Delivery Programs. This summary does not include funding for the Fix the
Bricks program, as that program was recently transferred to Housing Stability and does
not warrant the same level of examination.
Process Improvements: The Administration has identified the need to align Direct
Delivery Programs with current City practices, paying particular attention to the Home
Rehabilitation, Homebuyer, and CLT programs since they are more complex and utilize
both federal and local funds. Recommendations are as follows: Establish Formal Policies
and Procedures, Increase Budget Transparency, Alignment with the Open and Public
Meetings Act, and Establishment of a Homeowner Revolving Loan Fund.”
Council Feedback: The Council asked questions about the current CLT eligibility
requirements and acquisition process, how the proposed revolving loan fund would be
structured, and whether it would use HUD or general funds. Current CLT properties
included a mix of HUD and general funds, and the Administration will look to the
Council for direction on funding, and source of funding for a revolving loan fund. The
Council asked the Administration to review and coordinate with the Redevelopment
Agency (RDA) (now CRA) and other City Departments to avoid duplication of direct
delivery services. The Council also asked clarifying questions about the differences
between direct delivery programs verses grant subrecipients.
February 14, 2023: Council received a follow-up briefing on housing-related initiatives and
programs offered by Salt Lake City and the RDA of Salt Lake City, in relation to the December
30, 2022 transmittal.
Then through a separate briefing, CAN and Housing Stability presented on HUD-related
dormant program income, including timelines to utilize those funds, and eligible uses through a
“Briefing on unallocated HUD program income funds” transmittal, transmitted on May 3, 2022.
Summary: CAN and RDA briefed the Council through a follow up presentation in
relation to the February 7, 2023, briefing on “aligning budget and procedural processes
of certain programs administered by the Housing Stability Division with current City best
practices” transmittal, transmitted on December 30, 2022.
Additionally, CAN and Housing Stability briefed Council on dormant HUD program
income and potential uses.
Council Feedback: The Council asked CAN and RDA about the differences and
interaction of federal and non-federal funding to support the development of affordable
housing, and the difference between projects and programs. The Council asked both CAN
and RDA to develop and implement clear processes for developers and the general public
regarding available City development funds.
Additionally, the Council asked CAN and Housing Stability about the Direct Delivery
programs and recognizing and committing dormant HUD program income in a timely
manner that meets HUD requirements. The Council asked that the funds align with City
accounting procedures, housing priorities, and leverages City surplus properties and other
affordable housing projects. The Council asked CAN and Housing Stability to prioritize
workforce housing, low- to moderate-income housing, small business economic
development assistance in commercial areas, and rent and mortgage assistance for low-
income households.
October 10, 2023: Council was again briefed through a “Substantial Amendments to the Salt
Lake City five-year 2020-2024 Consolidated Plan, and one-year 2023-2024 Annual Action Plan
to recognize and utilize U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
generated Program Income” transmittal, transmitted on September 23, 2023. This transmittal
identified, in part:
Summary: Housing Stability reviewed dormant HUD restricted program income, HUD
restrictions and eligible uses, proposed uses based on previous Council direction, and
how Housing Stability will work with the RDA to publicly notice available development
funds through the RDA Notice of Funding Availability (NOFA).
Council Feedback: The Council asked clarifying questions about the NOFA funding
sources.
August 13, 2024: Council was again briefed through a “Draft legislative policies for the Housing
Program Funds, including the establishment of a Tenant and Homeowner Loan Fund, and the
Direct Delivery Housing Programs” transmittal, transmitted on April 1, 2023. This transmittal
identified, in part:
Summary:
“Salt Lake City Home Repair Program Policy:
The City has been operating the Home Repair Program for decades. The program
provides grants and loans to low and moderate-income homeowners, defined as 80% of
the area median income (AMI) and below, to address emergency and chronic home repair
needs. While Housing Stability has been administering the program pursuant to HUD
regulations, legislative polices have never been formally adopted by the Council.
Salt Lake City Community Land Trust (“CLT”) Program Policy:
The City has been operating the CLT program since the Council adopted resolution 12 of
2017 which satisfies the requirements of Utah Code Section 10-8-2, in effect authorizing
the City to sell properties at below-market value to facilitate affordable homeownership
opportunities.
Salt Lake City NOAH Preservation Pilot Program Policy:
Through the FY24 budget, the Council allocated $1.2 million for a Naturally Occurring
Affordable Housing (NOAH) preservation pilot program. NOAH properties –
constituting one of Salt Lake City’s largest supply of affordable housing stock – maintain
affordable rents without public subsidy and, therefore, do not have a covenant that
requires the property to be rented at an affordable rate. These properties are often aging,
integrated into established neighborhoods, owned by small to medium scale landlords,
and/or are at risk of rent increases through redevelopment or property improvements.
Salt Lake City Housing Programs Fund Policy:
This policy will establish standards for the budgeting, accounting, and reporting of the
Housing Program Funds, and will establish a revolving loan fund, to be named the Salt
Lake City Tenant and Homeowner Loan Fund (THLF). This will serve as a self-
replenishing pool of revenue to fund the Direct Delivery Programs. Within the draft
policy, the budgeting process for revenue and treatment of program income is based on
the source of funding as follows: New Revenue, Restricted Revenue and Unrestricted
Program Income.
Budget Considerations:
Through the FY24 budget process, the Council allocated $1.2 million to the NOAH
program from the unrestricted program income. In addition to the NOAH funding, there
is $5,920,000 available in unrestricted program income that was approved by the Council
as part of the FY 24 budget, but has not been allocated to a specific use or program.
Through various briefings, the Administration has proposed that additional dormant
program income be allocated to capitalize the THLF, with the following allocations to
specific Direct Delivery Programs:
• Home Repair Program: $500,000
• CLT Program with Homebuyer Mortgages: $2,100,000
If the Council is supportive of budget allocations to these programs, the Administration
will prepare a budget action item for the Council’s consideration. As new program
income is generated, the program income is proposed to be recycled through the THLF
pursuant to the Housing Program Funds Policy. Not related to these programs, the
Administration has proposed that the unrestricted program income be used to pay off two
lines of credit that were utilized years ago to assume shares in homebuyer mortgage loans
issued by the City. The current balance required to pay off these lines of credit is
~$2,604,000, as payments are being made monthly and the principal is decreasing.
Paying off these lines of credit will save the City a significant amount of interest. In
addition, the Administration has proposed that $180,000 of dormant program income be
used for a Tenant Relocation Program that the City is establishing based on the policies
priorities adopted through Thriving in Place, the City’s anti-displacement plan. In regard
to any remaining unrestricted program income, the Administration proposes that that
funding be allocated to the THLF for future allocation to a specific Direct Delivery
Program.”
Council Feedback: Included clarifying questions about the new Revolving Loan Fund,
program income budgeting proposals, and combing HUD and FoF application processes.
Council requested a follow-up briefing specific to the FoF - Housing Programs Funds.
October 15, 2024: Council was most recently briefed through a “Follow-up to the draft
legislative policies for the Housing Program Funds focusing on Funding Our Future”
transmittal, transmitted September 30, 2024. This transmittal identified, in part:
Summary:
“Funding Priorities:
Programs and activities that implement the moderate-income housing plans, anti-
displacement plans, and/or other plans related to housing stability programs.
Funding Categories:
Specific funding eligibility categories shall include the following: Tenant Housing
Assistance, and Equity and Homeownership Assistance.
Application and Recommendations Process:
A FoF competitive application process will be combined with the longstanding
competitive application process to allocate HUD funding. After applications are
collected, the applications will be reviewed and funding recommendations made by the
Community Development and Capital Improvement Program (CDCIP) advisory board,
followed by the Mayor, with final funding allocations made by the City Council. As such,
the funding requests/recommendations for HUD and FoF will be provided to the Council
through the same process, allowing for better coordination of funding that is intended for
the same purposes.”
Council Feedback: The Council was receptive to the streamlining and coordination of the
HUD and FoF-Housing Program Funds application and recommendation processes.
Overall, from the briefings Council has provided the Administration direction that is supportive
of the draft legislative policies. The Administration said that CAN and Housing Stability would
follow up with formal resolutions with the incorporation of any provided Council feedback.
Next Steps
As stated, at August 13, 2024 briefing the ultimate goal is to accomplish the following through
resolutions:
Adopt formal resolutions to establish legislative criteria for the Direct Delivery Housing
Programs (the Home Repair Program, the Community Land Trust Program, and the Naturally
Occurring Affordable Housing Preservation Pilot Program) and the Housing Program Funds, that
include the creation of a Housing Program Loan Committee and a Tenant and Homeowner Loan
Fund.
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Item F3
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Allison Rowland, Senior Policy Analyst
DATE:August 12, 2025
RE: RESOLUTION: LEGISLATIVE POLICIES FOR THE SALT LAKE CITY COMMUNITY
LAND TRUST PROGRAM
MOTION 1 – ADOPT
I move that the Council adopt the Legislative Policy for the Salt Lake City Community Land Trust Program.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
04/29/2025
Date Sent to Council:
05/06/2025
From:
Department *
Community and Neighborhood
Employee Name:
Royall, Heather
E-mail
heather.royall@slc.gov
Department Director Signature
Director Signed Date
05/05/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
05/06/2025
Subject:
Housing Program Policies
Additional Staff Contact:
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.gov
Presenters/Staff Table
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.govHeather Royall - heather.royall@slc.gov
Document Type
Resolution
Budget Impact?
Yes
No
Recommendation:
Adopt resolutions to establish legislative policies for the housing program funds, Home Repair Program, Community Land Trust, and NOAH Preservation Program.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
The Administration has briefed the Council on February 7, 2023, February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget allocations are subject to the City’s budgeting process.
This page has intentionally been left blank
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: Salt Lake City (City) utilizes various funding sources to
support housing and community development activities. These funding sources primarily include
U.S. Department of Housing and Urban Development (HUD) grant programs, Funding Our
Future (FoF) sales tax funds, and program income, collectively called the Housing Program
Funds. While some of the funds are deployed to community partners, the City retains a portion of
the Housing Program Funds to administer activities and programs directly to tenants,
homeowners, landlords, and property owners, through programs known as the Direct Delivery
Programs.
On August 13, 2024, the City Council was first briefed on the draft legislative policies for the
Housing Program Funds and certain Direct Delivery Programs. Once adopted, the legislative
policies will establish programmatic standards and the process for allocating funding through the
City’s budget process and to program recipients. Since the August 2024 briefing, the
Administration has revised the policies based on the Council’s feedback and a thorough review
by the Attorney’s Office. Currently, this transmittal includes the following Resolutions for the
Council’s consideration:
1. Housing Program Funds Legislative Policy (Exhibit A):
Establishes financial and reporting standards for the Housing Program Funds; establishes
a Housing Program Funds Loan Committee that reviews and, in certain instances,
approves funding allocations to projects and activities; and establishes the Tenant and
Homeowner Loan Fund, a revolving loan fund pool of revenue to fund the Direct
Delivery Programs.
2. Home Repair Program Legislative Policy (Exhibit B):
Establishes standards for a program that provides financial assistance to low- and
moderate-income homeowners for expenses related to maintaining safe and stable
housing in order to preserve housing and the health and well-being of occupants. The
City provides project management services and issues funding directly to the construction
contractor on behalf of the Homeowner.
3. Community Land Trust Program Legislative Policy (Exhibit C):
Establishes standards for a program that facilitates homeownership opportunities for low-
and moderate-income (LMI) households and to maintain the units as affordable over the
long-term. Equity is shared between the City and the homeowner upon the sale of the
home to a third party to promote wealth building. The City designates property as part of
the land trust model, retaining ownership of the land and selling only the housing unit to
a qualified homebuyer. To facilitate affordability for the homebuyer, the City leases the
land to the homebuyer through a below-market rate ground lease and may provide
mortgage financing.
4. NOAH Preservation Program Legislative Policy (Exhibit D):
Establishes standards for a program that provides financial assistance to property owners
of naturally occurring affordable housing (NOAH) to carry out property improvements in
return for a long-term covenant to preserve affordability. NOAH properties, constituting
one of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires the
property to be rented at an affordable rate. The program will provide grants and low
interest loans to these properties in order to improve the housing stock and preserve
affordability for the long term.
Through the fiscal year 2026 Mayor’s Recommended Budget, the Administration will propose
that program income that was generated over several years from various housing activities,
referred to as Dormant Program Income, be allocated to the Direct Delivery Programs.
PUBLIC PROCESS: The Administration has briefed the Council on February 7, 2023,
February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget
allocations are subject to the City’s budgeting process.
EXHIBIT:
A. Resolution - Housing Program Funds Legislative Policy
B. Resolution - Home Repair Program Legislative Policy
C. Resolution - CLT Program Legislative Policy
D. Resolution - NOAH Program Legislative Policy
E. Summary of Related Council Briefings
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Housing Program Funds)
WHEREAS, Salt Lake City Corporation (City), through the use of Housing Program
Funds, supports the goals of helping address housing affordability for all residents and providing
increased affordable housing opportunities for low-income households; and
WHEREAS, adopting a legislative policy for the Salt Lake City Housing Program Funds
will facilitate budgetary and reporting transparency, streamline subrecipient application and
recommendation processes, ensure alignment with City best practices, and increase compliance
with state and federal requirements; and
WHEREAS, this legislative policy will also establish a new Housing Programs Loan
Committee and a new Tenant and Homeowner Loan Fund to support the administration of the
Housing Program Funds; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Housing Program Funds.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Housing Program Funds as set forth
in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
April 17, 2025
2
3
Exhibit A
Salt Lake City Housing Program Funds
Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
4
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
5
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
6
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policy and Budgetary Guidelines for the Salt Lake City
Home Repair Program)
WHEREAS, Salt Lake City Corporation (City), through the Home Repair Program,
supports the goals of providing financial assistance to low- and moderate-income homeowners
for expenses related to maintaining safe and stable housing in order to preserve the housing stock
and the health and wellbeing of occupants; and
WHEREAS, adopting a legislative policy for the Home Repair Program will facilitate
budgetary and reporting transparency, streamline recipient application and recommendation
processes, ensure alignment with City best practices, and increase compliance with state and
federal requirements; and
WHEREAS, the City Council does now meet on this ____ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Home Repair Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Home Repair Program as set forth in
Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this _____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
Exhibit A
April 17, 2025
2
3
Exhibit A to the Resolution
Salt Lake City Home Repair Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Home Repair Program (Program) provides
financial assistance to low- and moderate-income homeowners (Homeowners) for
expenses related to maintaining safe and stable housing in order to preserve the
housing stock and the health and wellbeing of occupants. Financial assistance is
facilitated through the execution of an agreement between the City, Homeowner, and
a construction contractor. The City provides project management services and issues
funding directly to the construction contractor on behalf of the Homeowner.
1.2 Project Types
The Program includes two types of projects (Project Types), as follows:
A. Minor Repair: Intended to address minor home repairs and accessibility needs.
B. Home Rehabilitation: Intended to correct deficiencies and bring homes up to
applicable City and state building codes.
1.3 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including staff to
manage the administration, construction management, and loan servicing aspects of
the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan Fund
(THLF) pursuant to the Salt Lake City Housing Program Funds Legislative Policy,
attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the Program,
as well as other sources of revenue generated from the Program, shall be considered
Program Income. The financial management of Program Income shall be pursuant to
the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue grants and loans to eligible
Homeowners.
3. ELIGIBILITY REQUIREMENTS
4
3.1 Eligible Properties
Eligible properties shall be owner-occupied housing units located within Salt Lake
City boundaries. The property’s real estate taxes, water, and sewer payments must be
current and in good standing with the City, provided however that Program funding
may be utilized to address code violations.
3.2 Eligible Costs
Eligible Costs shall include up to 100% of the cost of labor and materials to correct
substandard conditions, correct violations of applicable City and state building codes,
and to implement certain types of improvements, as follows:
A. Replacement and repair of principal fixtures
B. Replacement and repair of components of existing structures
C. Installation of security and safety devices
D. Weatherization and conservation improvements including for water and energy
efficiency
E. Accessibility improvements and upgrades
F. Lead, radon, and other hazard mitigation
G. Closing costs, loan origination fees, and loan servicing fees
3.3 Eligible Homeowners
Homeowner eligibility shall be based on the following criteria by Project Type:
A. Minor Repair:
a. Have a household income of 80% of the area median income (AMI) and
below; and
b. Have a primary resident that is either a senior (aged 62 years or older) or
living with a disabling condition that is recognized by the U.S. Department of
Housing and Urban Development (HUD).
B. Home Rehabilitation:
a. Homeowners shall reside at the property as their principal residence for the
term of the loan;
b. Have a household income of 80% AMI and below; and
c. For households obtaining an amortizing loan:
i. Have sufficient income to pay back the loan, as determined by the ratio of
the Homeowner’s debt-to-income (DTI). Total monthly revolving debts,
including the costs for the Home Repair Program loan, cannot exceed a
DTI of 45% of the gross monthly income or the maximum amount
allowed under HUD’s First Time Homebuyer Program or its successor. In
addition to a DTI of 45% or lower, the Homeowner shall be required to
demonstrate sufficient income, defined as the amount of money a
household has left over each month after paying major expenses such as
mortgages and car loans, to cover the cost of household needs such as
food, clothing, and other household essentials.
5
ii. Have a good history of meeting their financial obligations, as determined
by the Homeowner’s credit report.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
PROJECT
TYPE:
MINOR REPAIR HOME REHABILITATION
and a senior or a senior or disabling
Requirement
Occupancy
Requirement
upon distribution
of funds
and occupancy
Assistance annually; lifetime
limit of $20,000
$50,000 per
Homeowner
property
NOTES:
• Senior: Senior is defined as solely occupied by persons 62 years of age or older or
the head of household(s) are 62 years of age or older.
• Disabling Condition: Disabling Condition as defined by HUD.
• Conditional Grants: Conditional grants shall be forgiven over a 5-year term on a
prorated basis if compliance with terms is maintained. Accordingly, 20% of the
grant shall be forgiven annually. If conditions are not met, the outstanding balance
of the Conditional Grant shall convert to an Amortized Loan at the Default
Interest Rate with a maximum Term of 10 years.
• Deferred Loans: Deferred loans shall become payable upon sale or transfer of the
property or if the homeowner no longer lives in the property as an owner-
occupant.
• Transfer of Loans: Loans may be transferred to certain heirs, including a spouse,
child, or domestic partner, that assume title of the property, subject to prior
6
written approval from the City. Eligibility of loan transfer will subject to income
qualification and be analyzed on a case-by-case basis.
• Amortized Loans:
Term: Amortized loans shall have a 20-year term but may be shorter if the
applicant demonstrates the ability to accelerate repayment based on a DTI
analysis.
Interest Rate: Amortized loans shall have an interest rate that is
competitive to the current market rate but shall be no lower than 3%
unless the applicant demonstrates the need for a lower payment based on a
DTI analysis.
Maximum Assistance: The Maximum Assistance amount for amortized
loans shall be sized to the lower of $50,000 or the maximum amount
affordable with the DTI maximum established in Section 3: Eligibility
Requirements.
5. APPROVAL PROCESS
Funding shall be awarded on a first come first served basis, as per the date a complete
application is submitted. Once a completed application is submitted, the application shall be
processed for approval as follows:
A. Staff shall verify that all Eligibility Requirements are met. If requirements are not met,
the application will be denied.
B. If Eligibility Requirements are met, Staff shall make a recommendation to the Housing
Program Funds Loan Committee regarding the maximum assistance amount and other
funding terms and conditions based on the standards established in Section 4: Funding
Terms and Conditions.
C. The Housing Program Funds Loan Committee shall review and has the authority to
provide final approval of the funding request within the standards set forth in this policy.
6. PROCUREMENT, CONTRACTING, AND DISBURSEMENT OF FUNDS
Once an application is approved by the Housing Program Funds Loan Committee, a
procurement and contracting process that complies with City ordinances and policies, as well
as HUD policy, shall be carried out. Housing Stability staff shall provide project
management services, in coordination with the Homeowner and contractor, to establish and
carry out a scope of work. Grant/loan proceeds may be disbursed to the contractor through
construction draws.
7. LOAN DEFERMENT AND MODIFICATION
7.1 Temporary Deferment of Amortized Loans
On an annual basis, existing Program borrowers can apply for a partial or full
deferment of monthly loan payments if the household’s DTI percentage exceeds 45%
considering all debt including the Program loan. The amount of monthly loan
payments to be deferred shall be based on the 45% DTI threshold. Requests for
deferments shall be evidenced by a financial analysis of the household’s income and
debt obligations. Deferments may be approved by the Housing Program Funds Loan
7
Committee for up to 12 months and may be reauthorized on an annual basis for up to
five (5) years, consecutive or nonconsecutive, during the term of the loan. If a loan
deferment is granted, the loan shall be extended for an equivalent period of time.
7.2 Permanent Modification or Deferment of Amortized Loans
The following options may be considered if a Program borrower continues to
experience an economic hardship and has exhausted the temporary loan deferment
option provided under Section 7.1:
A. Loan Modification
If a borrower continues to experience an economic hardship, the loan holder may
request a permanent loan modification. The loan modification may include
extension of the loan term up to 30 years and/or an interest rate reduction. Such
requests shall be reviewed and approved by the Housing Program Funds Loan
Committee.
B. Permanent Loan Deferment
If a borrower has experienced a severe and permanent economic hardship, the
borrower may request a permanent deferment of the loan with the loan due upon
sale or transfer of the property. Notwithstanding, the loan may be transferred to
certain heirs including a spouse, child, or a person living in the household for at
least one year prior to Homeowner’s death. The eligibility of a loan transfer shall
be analyzed and approved on a case-by-case basis. In order to be authorized, such
requests shall be reviewed and recommended by the Housing Program Funds
Loan Committee and approved by the Director of CAN.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The report
shall include outcomes associated with the Program, including a summary of projects
completed, number of new grants and loans, total outstanding balance of the loan portfolio,
and number of delinquencies.
8
Exhibit A to Salt Lake City Home Repair Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
9
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
10
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policies for the Salt Lake City
Community Land Trust Program)
WHEREAS, Salt Lake City Corporation (City), through the Community Land Trust
program, supports the goals of helping provide affordable homeownership opportunities to low-
to moderate-income households; and
WHEREAS, adopting legislative policies for the Salt Lake City Community Land Trust
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, align with City best practices, and increase compliance with
state and federal requirements; and
WHEREAS, the City Council does now meet on this day of __________, 2025 to adopt
legislative policies for the Salt Lake City Community Land Trust program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, that the Salt
Lake City Council hereby adopts the attached legislative policies for the Salt Lake City
Community Land Trust Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this day of ______________, 2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
04/17/2025
2
Exhibit A to the Resolution
Salt Lake City Community Land Trust Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Community Land Trust (CLT Program)
facilitates homeownership opportunities for low- and moderate-income (LMI)
households and to maintain the units as affordable over the long-term. To promote
wealth building, equity is shared between the City and the homeowner upon the
sale of the home to a third party. The City designates property as part of the land
trust model, retaining ownership of the land (Land) and selling only the housing
structure (Housing Unit) to a qualified homebuyer (Homebuyer or Homeowner).
To facilitate affordability for the Homebuyer, the City leases the Land to the
Homebuyer through a below-market rate lease (Ground Lease) and may provide
mortgage financing for the purchase of the Housing Unit (Homebuyer Loan).
1.2 Policy Objectives
The CLT Program shall promote:
A. Affordable homeownership as a way for LMI households to build wealth and
achieve financial stability through equity sharing.
B. Affordable homeownership as a way to reject historical policies that precluded
minorities and others from purchasing a home and widened the racial and
minority wealth gap.
C. Affordable homeownership in areas of opportunity as a platform for a range of
positive life outcomes, including those related to health and education.
D. Affordable homeownership opportunities to combat displacement in
neighborhoods faced with gentrification.
1.3 Program Administration
The CLT Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including
management of rehabilitation activities, and loan servicing aspects of the CLT
Program.
1.4 Scope of Services
Homebuyer Loans issued by the City are exclusively available to Homebuyers
participating in the CLT Program; however, a Homebuyer participating in the
CLT Program is not required to utilize Homebuyer Loan mortgage financing
issued by the City and may use another source of financing subject to approval by
the City.
1.5 Program Inventory
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The CLT Program’s inventory shall include residential properties located within
Salt Lake City boundaries that have been acquired by the City and designated as
part of the CLT Program. Once a property is designated as part of the CLT
Program, it shall remain in the CLT Program in perpetuity unless the property is
deemed to no longer serve the mission of the CLT Program or is needed for a
different public purpose. In instances where a property shall be removed from the
inventory and disposed of, the property shall be disposed of pursuant to City Code
2.58: City Owned Real Property or its successor, but with the sales proceeds
designated as program income pursuant to this policy. Properties may be acquired
for the CLT Program, utilizing funds designated by the City Council for such
purposes, through the following ways:
A. The City may purchase properties on the open market.
B. The City may purchase properties where, as part of a mortgage or loan issued
by the City, there is a contractual clause that gives the City the first
opportunity to buy the property.
C. The City or its Community Reinvestment Agency may build Housing Units or
partner with development partners to build Housing Units on surplus or other
City-owned property.
D. The City may purchase property from homeowners who want to place their
home into the CLT Program or who agree to undertake a sale-leaseback
agreement. Under a sale-leaseback agreement, a property owner would sell the
land underneath their house to the City and continue living in the Housing
Unit under a long-term Ground Lease. This would provide property owners,
such as seniors living on a fixed income, with revenue from the land sale
while also adding to the CLT Program’s inventory.
E. The City may acquire property for the CLT Program through other methods,
such as donations or land swaps, provided that the acquisition follows any
applicable process set forth in ordinance or law.
2. PROGRAM FUNDING
2.1 Funding Sources
The CLT Program shall be primarily funded from the Tenant and Homeowner
Loan Fund (THLF) pursuant to the Salt Lake City Housing Program Funds
Legislative Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the CLT
Program, revenue generated from the sale of property, and any other sources of
revenue generated from the CLT Program, shall be considered Program Income.
The financial management of Program Income shall be pursuant to the Salt Lake
City Housing Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized for the following activities:
4
A. The repurchase of Housing Units.
B. The rehabilitation of Housing Units to prepare the home for resale.
C. Mortgage financing to Homebuyers of Housing Units.
D. The acquisition or development of property to add new Housing Units to the
CLT Program’s inventory.
3. ELIGIBILITY, PRIORITIZATION, AND APPROVAL PROCESS
3.1 Eligibility Requirements:
To be eligible to participate in the CLT Program, an applicant shall meet the
following threshold requirements:
A. Maximum Income: A household shall have an annual income which does not
exceed 80% of the area median income (AMI) of households of equal size
residing in the Salt Lake statistical areas as defined by the U.S. Department of
Housing and Urban Development (HUD).
B. Creditworthiness: A household shall demonstrate a history of meeting their
financial obligations, as determined by the homeowner’s credit report.
C. Debt Capacity: A household’s debt to income (DTI) percentage, including all
revolving debt inclusive of the prospective mortgage financing, shall not
exceed 45% of the gross monthly income or the maximum amount allowed
under HUD’s First Time Homebuyer Program.
D. Tenure Status: Applicants shall be a first-time homebuyer or have not owned a
home in the past five (5) years, or a single parent or individual who has only
owned a home with a former spouse or partner while married or in a domestic
partnership.
3.2 Application Prioritization and Housing Unit Selection:
Applicants that successfully meet the Eligibility Requirements set forth in section
3.1 (Pre-Approved Applicants) will be placed on a waitlist that is administered on
a first-come, first-served basis; provided, however, that Pre-Approved Applicants
that meet one or more of the following criteria will be escalated on the waitlist
higher than Pre-Approved Applicants that do not meet these criteria:
A. Households that currently reside in Salt Lake City municipal boundaries and
have done so for twelve (12) consecutive months or longer.
B. Households that have previously lived in Salt Lake City for a minimum of
five (5) consecutive years, and that were displaced within the preceding five
(5) years due to rising housing costs or redevelopment of property.
Once a Housing Unit becomes available, CAN staff will offer it to the first
prioritized Pre-Approved Applicant. The applicant may select to move forward
with purchasing the Housing Unit or may decline to move forward with that
particular Housing Unit. If a Pre-Approved Applicant passes on a Housing Unit,
the Housing Unit will be offered to the next prioritized applicant on the waitlist. A
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Pre-Approved Applicant may pass on a Housing Unit and remain in the same
position on the waitlist. Applicants shall demonstrate that they meet eligibility
requirements at the time of application and at the time of closing.
3.3 Mortgage Financing Approval Process:
Once a Pre-Approved Applicant is matched with a Housing Unit, the Pre-
Approved Applicant shall obtain mortgage financing in one of two ways, as
follows:
A. If the Pre-Approved Applicant is obtaining independent mortgage financing,
the applicant shall provide the City with evidence of the third-party financing
amount and terms and the third-party lender’s acknowledgement of
participation in the CLT Program; or
B. If the Pre-Approved Applicant is obtaining a Homebuyer Loan through the
City, staff shall underwrite the loan pursuant to the standards established in
Section 4: Homebuyer Loans – Terms and Conditions.
The Housing Program Funds Loan Committee shall review and has the authority
to approve the Pre-Approved Applicants acquisition of the Housing Unit and, if
applicable, the terms of the Homebuyer Loan to be issued by the City within the
standards set forth in this policy.
4. HOMEBUYER LOANS - TERMS AND CONDITIONS
If the Homebuyer elects to obtain a Homebuyer Loan issued by the City, the loan shall be
underwritten and issued pursuant to the following terms and conditions:
A. Maximum Loan Amount: Up to 100% of the purchase price of the Housing
Unit as determined by Section 5.
B. Debt to Income Maximum: The DTI maximum is the limit established in
Section 3: Eligibility Requirements.
C. Interest Rate: The interest rate shall be 3%, provided however that a
household’s debt to income (DTI) percentage, including all debt inclusive of
the prospective loan, is below the DTI maximum established in Section 3:
Eligibility Requirements. If a household’s DTI percentage is above the
threshold, the interest rate may be reduced to meet the threshold. Interest rates
shall at no time be below 1%.
D. Term: The term of the loan shall be up to 30 years.
E. Payments: Payments shall be collected monthly. Late payments are subject to
a 4% late fee.
F. Security: A Deed of Trust will be recorded on the property.
5. COMMUNITY LAND TRUST
5.1 Pricing Overview:
The resale price of Housing Units and equity sharing terms are intended to
balance permanent affordability with equity-building opportunities for the
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Homeowner. If a Homeowner elects to sell their Housing Unit, the Homeowner
shall receive the equity they paid on their mortgage, plus a limited amount of
equity from Housing Unit’s appreciation in value. The following components
shall be considered:
A. Base Price: The Base Price shall be the original purchase price of the Housing
Unit by the Homeowner, including the sum of the Homeowner’s down
payment and the amount mortgaged.
B. Earned Equity: The equity attributed to the Homeowner’s down payment and
principal paid on the mortgage.
C. Equity Appreciation: The equity attributed to the appreciation of the Housing
Unit’s value after its purchase by the Homeowner.
5.2 Resale Price and Equity Determination:
When a Homeowner decides to sell, the Resale Price and corresponding
Homeowner equity determination shall be the lower of the following two options:
A. Option 1 – Appreciation Formula:
• Resale Price: The Base Price plus 1.75% of the Base Price, not
compounding, for each year the Homeowner has owned the Housing Unit.
Formula: (Base Price) + (1.75% x Base Price x years of ownership)
• Homeowner Equity Determination: Earned Equity plus Equity
Appreciation capped at 1.75% of the Base Price for each year of
ownership, not compounding. Formula: (Earned Equity) + (Base Price x
1.75% x years of ownership)
B. Option 2 - Appraised Value:
• Resale Price: If the City believes the Appreciation Formula output is too
high for market conditions, the City may, at its expense, commission a
market valuation of the Housing Unit to determine an Appraised Value.
• Homeowner Equity Determination: The Appraised Value less any
outstanding mortgage debt. Formula: Appraised Value – current
outstanding mortgage debt
• For Housing Units newly added to the program inventory or Housing
Units within the existing inventory that appraise lower than the previously
calculated Appreciation Formula, the City may set the current Resale Price
at the Appraised Value of the Housing Unit as determined by an appraisal,
considering the Housing Unit only and not the value of the land.
5.3 Ground Lease Terms, Fees, Renewal Option
A. Occupancy Requirement: Homebuyers shall maintain the housing unit as a
primary residence continuously over the term of the Ground Lease.
B. Initial Ground Lease Term: Ninety-nine (99) years.
C. Ground Lease Renewal Term: Homeowner shall have the option to extend the
terms of the Ground Lease for ninety-nine (99) years.
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D. Ground Lease Expiration or Termination: Upon expiration or early
termination of a Ground Lease, ownership of the Housing Unit shall revert to
the City, provided that the City shall pay the Homeowner, or the
Homeowner’s heirs upon death, pursuant to Section 5.2: Resale Price and
Equity Determination. The City may elect to not purchase the Housing Unit
from the Homeowner and, in such instance, the Land may be disposed of
pursuant to applicable law.
E. Transfer: Homeowner may transfer the Ground Lease to income qualified
households upon approval by the City, including under the following
conditions:
a. A transfer to a new Homebuyer due to a sale of the Housing Unit if the
City does not exercise its Option to Purchase, as outlined in Section
5.4. The sale shall comply with Section 5.2: Resale Price and Equity
Determination and be approved by the City.
b. A transfer, as approved by the City, to certain heirs upon death of the
Homeowner. Eligible heirs shall include a spouse, designated guardian
of the Homeowner’s child under the age of 18, or a person living in the
household for at least one year prior to Homeowner’s death. The
eligibility of a Ground Lease transfer shall be analyzed and approved
on a case-by-case basis.
F. Ground Lease Fee: $50 per month. The Ground Lease Fee may increase from
time to time but may not be increased more than 3% year-over-year.
G. Common Area Maintenance (CAM) Fee: For multifamily units, a CAM fee
may be assessed that equates to the prorated cost of expenses relating to the
maintenance of common areas.
H. Maintenance and Repairs: The Homeowner is responsible for repairs and
maintenance for both the land and improvements unless otherwise covered by
a CAM Fee.
I. Repair and Replacement Reserve: A modest fee may be collected on a
monthly or annual basis and held by the City in a Repair and Replacement
Reserve account to be accessed by the Homeowner for repairs and
replacement of structural and mechanical systems as approved by the City.
Upon resale of a Housing Unit or termination of a Ground Lease, funds
accumulated in the Homeowner’s Repair and Replacement Reserve shall be
used by the City to fund improvements for Housing Units in the CLT
Program’s inventory.
5.4 Option to Purchase Terms
In the event that the Homeowner elects to sell the Housing Unit during the
Ground Lease term, the Homeowner shall notify the City, and the City shall have
the option to purchase the Housing Unit pursuant to Section 5.2: Resale Price and
Equity Determination. If the City declines or the purchase option expires, the
Homeowner has the right to sell the Housing Unit in coordination with the City
and pursuant to the terms contained herein. Any sale or transfer of a Housing Unit
is subject to either an assignment of an existing Ground Lease, with approval by
the City, or the execution of a new Ground Lease with the City.
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5.5 Property Taxes
Homeowners are responsible for paying property taxes on the Housing Unit, as
assessed by Salt Lake County or other local taxing districts. If the Housing Unit is
financed with a mortgage obtained through the CLT Program, the City may hold
an escrow account to collect and pay property taxes and insurance on behalf of the
Homeowner. If the Homeowner does not have mortgage financing with the City,
the Homeowner shall be responsible for paying property taxes directly to Salt
Lake County.
6. DEFERMENT, MODIFICATION, AND DEFAULT
6.1 Temporary Payment Modification or Deferment of Homebuyer Loan
If a Homeowner is experiencing an economic hardship, the Homeowner may
apply for a modification of payments or a full or partial deferment of payments to
the City. To receive a payment modification or deferment, the Homeowner shall
demonstrate that its household’s DTI percentage exceeds 45% considering all
revolving debt including the CLT Program payments. The portion of monthly
payment amount to be modified or deferred shall be based on the 45% DTI
threshold. Requests for modifications or deferment shall be evidenced by a
financial analysis of the household’s income and debt obligations. Modifications
or deferments may be approved by the Housing Program Funds Loan Committee
for up to 12 months and may be reauthorized on an annual basis for up to thirty-
six (36) months, consecutive or nonconsecutive, during the term of the loan. If a
loan deferment is granted, the loan shall be extended for an equivalent period of
time.
6.2 Modification of a Homebuyer Loan
If the ability to defer has been exhausted, a Homeowner may request a permanent
modification to a Mortgage Loan issued by the City. The modification may
include adjustment of the term and/or interest rate to make the loan payments
more affordable. Modifications shall be reviewed by the Housing Program Funds
Loan Committee and unanimously approved by the Director of Housing Stability,
Director of CAN, and Chief Financial Officer or designee.
6.3 Default
If a Homeowner defaults on a Homebuyer Loan and/or Ground Lease and does
not remedy the default, the City may terminate the Ground Lease and repurchase
the Housing Unit subject to Section 5.2: Resale Price and Equity Determination.
7. REPORTING
CAN shall submit a report on the CLT Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program including an overview of the
inventory of Housing Units, purchase and sale transactions, and budget expenditures and
revenue. To keep the identity of Homeowners confidential, reporting shall include the census
block group of the Housing Unit rather than the address.
9
Exhibit A to the Salt Lake City Community Land Trust Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
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activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
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b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Naturally Occurring
Affordable Housing Preservation Program)
WHEREAS, Salt Lake City Corporation (City), through the Salt Lake City Naturally
Occurring Affordable Housing (NOAH) Preservation Program, supports the goals of preserving
naturally occurring affordable housing stock and preventing displacement of current Salt Lake
City residents; and
WHEREAS, the NOAH Preservation Program provides financial assistance to property
owners of naturally occurring affordable housing to carry out property improvements in return
for a long-term covenant to preserve affordability; and
WHEREAS, adopting a legislative policy for the Salt Lake City NOAH Preservation
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, ensure alignment with City best practices, and increase
compliance with state and federal requirements; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Naturally Occurring Affordable Housing
Preservation Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Naturally Occurring Affordable
Housing Preservation Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
________________________________
City Recorder
April 17, 2025
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Exhibit A to the Resolution
Salt Lake City NOAH Preservation Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) NOAH Preservation Program (Program)
provides financial assistance to property owners (Owners) of naturally occurring
affordable housing (NOAH) to carry out property improvements in return for a
long-term covenant to preserve affordability. NOAH properties, constituting one
of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires
the property to be rented at an affordable rate. The lack of covenants and
subsidies makes NOAH assets vulnerable to either redevelopment or disrepair,
both of which create instability for communities. When NOAH properties are
redeveloped due to market speculation or upgrades that result in higher rents,
existing renters are displaced, and affordable housing units are lost. To preserve
Salt Lake City’s affordable housing stock and prevent displacement, the Program
shall provide grants and low interest loans to Owners with the shared goal of
preserving affordability for the long term.
1.2 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including the
administration and loan servicing aspects of the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan
Fund (THLF) pursuant to the Salt Lake City Housing Program Funds Legislative
Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the
Program, as well as other sources of revenue generated from the Program, shall be
considered Program Income. The financial management of Program Income shall
be pursuant to the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue loans to eligible Owners.
3. ELIGIBILITY REQUIREMENTS
3.1 Eligible Properties
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Eligible properties shall be properties located within Salt Lake City boundaries
that:
A. Currently do not have a deed restriction or covenant requiring affordable
rents; or that have a project-based affordability deed restriction or covenant
that is due to expire within three years from the date of application;
B. Include housing units that are currently being rented at a rate affordable to
households at or below 80% of the area median income (AMI) as defined by
the U.S. Department of Housing and Urban Development (HUD), hereafter
referred to as an Affordable Unit. An Affordable Unit shall have an
annualized rental rate, including cost for basic utilities, that does not exceed
thirty percent (30%) of the maximum monthly income permissible for the
applicable AMI, assuming a household size equal to the number of bedrooms
in the unit plus one (Affordable Rate); and
C. Are current and in good standing with the City on real estate taxes, water, and
sewer payments.
3.2 Eligible Owners
Eligible Owners include for-profit, non-profit, and limited equity cooperative
(LEC) organizations that are existing owners or buyers of Eligible Properties, and
that:
A. Demonstrate a gap between the funding required to improve, maintain, and/or
operate the property while maintaining Affordable Rates for the Affordable
Units and the amount of financing available from traditional sources;
B. Demonstrate property management experience; or participation in technical
assistance to ensure the successful management and operation of NOAH
properties;
B. Are tax compliant and current on all City loans related to existing projects
undertaken by the Owner and/or any related entity of the Owner;
C. Possess all necessary legal and corporate authorization to incur the obligations
of the Program financing;
D. Possess the appropriate business license, or commit to obtain the appropriate
business license, to operate rental housing within Salt Lake City; and
E. Are enrolled in Salt Lake City’s Landlord Tenant Initiative.
3.3 Eligible Activities
A. Capital expenses for emergency stabilization activities, including but not
limited to roof repair, mold remediation, building systems, building envelope,
life safety issues, or other physical needs that could impact the health and
quality of life for current residents, or compromise the building structure.
B. Capital expenses to provide necessary renovations to ensure the long-term
viability of the property with the Affordable Units. Renovations may include,
but not be limited to kitchen/bathroom upgrades, paint and flooring upgrades,
historic preservation activities, and common area improvements.
C. If in conjunction with capital expenses, operating expenses may be eligible to
address operating shortfalls and to stabilize the property.
D. Capital expenses relating to the improvement or preservation of a LEC, or
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other shared equity model, in which a self-governing group of residents
organize to form a corporation or cooperative to purchase the property.
Eligible activities include costs related to renovation/rehabilitation required to
ensure the long-term viability of the LEC.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
Mechanism housing authority or
other qualified
agency
the HUD Local
Payment Standard
with a housing
voucher
per Affordable Unit
and loan
per Affordable Unit
and loan
per Affordable Unit
and loan
Ratio
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
for up to 30 years;
any loan amounts to
be repaid as balloon
payment due at the
end of the loan term
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
payments
Contribution cost cost cost
5. REQUIREMENTS
5
A. Rent Restriction: The monthly rent for the Affordable Units, including all
required housing costs per unit, such as utilities and other charges uniformly
assessed to all apartment units other than charges for optional amenities and
services, shall be as follows:
a. Deed Restricted Units: The maximum monthly gross rental rate shall
not exceed thirty percent (30%) of the maximum monthly income
permissible for the applicable AMI, assuming a household size equal
to the number of bedrooms in the unit plus one.
b. Master Lease Units: The maximum monthly gross rental rate shall not
exceed the fair market rent (FMR) or the maximum HUD local
payment standard for the Housing Choice Voucher (HCV) program,
whichever is lower.
B. Income Restriction: The Affordable Units shall be made available only to
Eligible Households that are qualifying occupants with an annual income at or
below the AMI as applicable for the given Affordable Unit for Salt Lake City
Utah, HUD Metro FMR Area as periodically determined by HUD and
adjusted for household size. Eligible Households shall qualify upon moving
into an Affordable Unit.
C. Tenure: Affordable Units shall be provided as permanent housing as
evidenced through a lease with a minimum tenure of six (6) months.
D. Improvement, Operating, and/or Marketing Plan: Borrowers shall provide a
physical remediation plan, operating plan, and/or management strategy, as
applicable to the project.
E. Fair Housing: Borrowers shall establish an affirmative Fair Housing
Marketing Plan, including offering units to HCV and other tenant-based rental
assistance voucher holders.
F. Anti-displacement: Tenants may not be permanently displaced due to
rehabilitation activities. Borrowers must establish a tenant relocation plan if
tenants are temporarily displaced as a result of rehabilitation activities.
G. No Net Decrease in Affordable Units: Projects shall not result in a net
decrease of affordable housing units, provided however that a net decrease in
units may be approved by the City on a case-by-case basis if the net decrease
in units is to facilitate larger unit sizes with more bedrooms or to facilitate
rental rates at lower AMI.
H. Deferred Payments: Any outstanding loan balance shall be due at the
expiration of the Affordability Term or Loan Term, whichever comes first.
6. APPROVAL PROCESS
Program funds shall first be available through a competitive notice of funding availability
(NOFA) process. For each issued NOFA, the City shall evaluate and consider
applications for approval as follows:
A. Eligibility Review: Applications shall be reviewed by staff to verify that
eligibility requirements are met.
B. Review Committee: For applications that meet the basic eligibility requirements,
applications shall be forwarded to the Housing Program Funds Loan Committee
6
for review and recommendation. Applications that the Housing Program Funds
Loan Committee ranks competitively shall be recommended to the City Council
for a funding allocation.
C. City Council: The City Council shall make the final selection of projects to
receive a funding allocation, subject to the necessary requirements to execute
funding agreements.
If Program funds do not get disbursed through the NOFA, the City may offer the funds
on a first-come, first-served basis, subject to a review by the Housing Program Funds
Loan Committee and approval by the City Council.
7. LOAN DEFERMENT AND MODIFICATION
In the event of economic hardship the City may provide payment deferment or a loan
modification. Such adjustment to loan terms shall be considered on a case-by-case basis
and shall be subject to a thorough review of the project's financial standing and other
relevant information. The process for providing a loan deferment or modification is as
follows:
A. Deferment: The Director of CAN may elect to provide the borrower a temporary
forbearance or deferment of payment for up to twenty-four (24) months,
consecutive or nonconsecutive. If a loan deferment is granted by the City, the loan
term shall be extended for an equivalent period.
B. Modification: If the 24-month loan deferment has been exhausted and the
borrower continues to experience an economic hardship, the borrower may apply
for a modification of loan terms to facilitate affordability of the borrower’s
monthly loan payments. The Housing Program Funds Loan Committee shall
review such requests and provide a recommendation that is forwarded to the City
Council, who shall consider and act upon all such requests.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program, including a summary of
projects completed including a summary of units and affordability levels, number of new
grants and loans, total outstanding balance of the loan portfolio, and number of
delinquencies.
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Exhibit A to the Salt Lake City NOAH Preservation Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
8
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
9
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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Exhibit E: Summary of Related Council Briefings
Past Briefings
February 7, 2023: Council was informed about these Direct Delivery programs and dormant
program income through a “Briefing on aligning budget and procedural processes of certain
programs administered by the Housing Stability Division with current City best practices”
transmittal, transmitted on December 30, 2022. This transmittal identified, in part:
Summary:
“Direct Delivery Programs: Most of the Direct Delivery Programs’ resources are
dedicated to working directly with prospective and current homeowners to promote safe,
healthy, and affordable homeownership. These efforts complement the focus of the
Redevelopment Agency (“RDA”) to work with developers on the development and
preservation of housing units. There are twelve full-time positions within Housing
Stability dedicated to administering these programs. Refer to Attachment A: Housing
Stability Programs and Activities Matrix for more information on the efforts currently
centralized under Housing Stability. A summary of the current Direct Delivery
Programs for housing and neighborhood development is as follows: Home Rehabilitation
Programs, Homebuyer Programs, Community Land Trust, Targeted and Small Repair
(formerly Handyman) Programs, HOME Development Fund, Neighborhood Business
Improvement Program, and Fix the Bricks.
Direct Delivery Programs - Budget Overview: On May 3, 2022, the Administration
submitted a transmittal regarding a ~$12 million surplus in unused HUD program income
(the “Dormant PI”). The Dormant PI was generated over multiple decades by various
Direct Delivery Programs and originated from CDBG and HOME funds. Subsequently,
the Council approved ~$12 million in Dormant PI through the FY 2023 budget, pending
future approval by the Council on uses of the funds. The circumstances that led to the
accumulation of Dormant PI have been rectified, with newly generated program income
now being recaptured and allocated through a subsequent HUD application process.
Since the Dormant PI transmittal was submitted, the Administration has determined that
additional sources of program income and other funds are available for allocation. The
following is intended to provide a comprehensive overview of the current budget of HUD
funding as well as the balances of other accounts that have historically been utilized for
the Direct Delivery Programs. This summary does not include funding for the Fix the
Bricks program, as that program was recently transferred to Housing Stability and does
not warrant the same level of examination.
Process Improvements: The Administration has identified the need to align Direct
Delivery Programs with current City practices, paying particular attention to the Home
Rehabilitation, Homebuyer, and CLT programs since they are more complex and utilize
both federal and local funds. Recommendations are as follows: Establish Formal Policies
and Procedures, Increase Budget Transparency, Alignment with the Open and Public
Meetings Act, and Establishment of a Homeowner Revolving Loan Fund.”
Council Feedback: The Council asked questions about the current CLT eligibility
requirements and acquisition process, how the proposed revolving loan fund would be
structured, and whether it would use HUD or general funds. Current CLT properties
included a mix of HUD and general funds, and the Administration will look to the
Council for direction on funding, and source of funding for a revolving loan fund. The
Council asked the Administration to review and coordinate with the Redevelopment
Agency (RDA) (now CRA) and other City Departments to avoid duplication of direct
delivery services. The Council also asked clarifying questions about the differences
between direct delivery programs verses grant subrecipients.
February 14, 2023: Council received a follow-up briefing on housing-related initiatives and
programs offered by Salt Lake City and the RDA of Salt Lake City, in relation to the December
30, 2022 transmittal.
Then through a separate briefing, CAN and Housing Stability presented on HUD-related
dormant program income, including timelines to utilize those funds, and eligible uses through a
“Briefing on unallocated HUD program income funds” transmittal, transmitted on May 3, 2022.
Summary: CAN and RDA briefed the Council through a follow up presentation in
relation to the February 7, 2023, briefing on “aligning budget and procedural processes
of certain programs administered by the Housing Stability Division with current City best
practices” transmittal, transmitted on December 30, 2022.
Additionally, CAN and Housing Stability briefed Council on dormant HUD program
income and potential uses.
Council Feedback: The Council asked CAN and RDA about the differences and
interaction of federal and non-federal funding to support the development of affordable
housing, and the difference between projects and programs. The Council asked both CAN
and RDA to develop and implement clear processes for developers and the general public
regarding available City development funds.
Additionally, the Council asked CAN and Housing Stability about the Direct Delivery
programs and recognizing and committing dormant HUD program income in a timely
manner that meets HUD requirements. The Council asked that the funds align with City
accounting procedures, housing priorities, and leverages City surplus properties and other
affordable housing projects. The Council asked CAN and Housing Stability to prioritize
workforce housing, low- to moderate-income housing, small business economic
development assistance in commercial areas, and rent and mortgage assistance for low-
income households.
October 10, 2023: Council was again briefed through a “Substantial Amendments to the Salt
Lake City five-year 2020-2024 Consolidated Plan, and one-year 2023-2024 Annual Action Plan
to recognize and utilize U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
generated Program Income” transmittal, transmitted on September 23, 2023. This transmittal
identified, in part:
Summary: Housing Stability reviewed dormant HUD restricted program income, HUD
restrictions and eligible uses, proposed uses based on previous Council direction, and
how Housing Stability will work with the RDA to publicly notice available development
funds through the RDA Notice of Funding Availability (NOFA).
Council Feedback: The Council asked clarifying questions about the NOFA funding
sources.
August 13, 2024: Council was again briefed through a “Draft legislative policies for the Housing
Program Funds, including the establishment of a Tenant and Homeowner Loan Fund, and the
Direct Delivery Housing Programs” transmittal, transmitted on April 1, 2023. This transmittal
identified, in part:
Summary:
“Salt Lake City Home Repair Program Policy:
The City has been operating the Home Repair Program for decades. The program
provides grants and loans to low and moderate-income homeowners, defined as 80% of
the area median income (AMI) and below, to address emergency and chronic home repair
needs. While Housing Stability has been administering the program pursuant to HUD
regulations, legislative polices have never been formally adopted by the Council.
Salt Lake City Community Land Trust (“CLT”) Program Policy:
The City has been operating the CLT program since the Council adopted resolution 12 of
2017 which satisfies the requirements of Utah Code Section 10-8-2, in effect authorizing
the City to sell properties at below-market value to facilitate affordable homeownership
opportunities.
Salt Lake City NOAH Preservation Pilot Program Policy:
Through the FY24 budget, the Council allocated $1.2 million for a Naturally Occurring
Affordable Housing (NOAH) preservation pilot program. NOAH properties –
constituting one of Salt Lake City’s largest supply of affordable housing stock – maintain
affordable rents without public subsidy and, therefore, do not have a covenant that
requires the property to be rented at an affordable rate. These properties are often aging,
integrated into established neighborhoods, owned by small to medium scale landlords,
and/or are at risk of rent increases through redevelopment or property improvements.
Salt Lake City Housing Programs Fund Policy:
This policy will establish standards for the budgeting, accounting, and reporting of the
Housing Program Funds, and will establish a revolving loan fund, to be named the Salt
Lake City Tenant and Homeowner Loan Fund (THLF). This will serve as a self-
replenishing pool of revenue to fund the Direct Delivery Programs. Within the draft
policy, the budgeting process for revenue and treatment of program income is based on
the source of funding as follows: New Revenue, Restricted Revenue and Unrestricted
Program Income.
Budget Considerations:
Through the FY24 budget process, the Council allocated $1.2 million to the NOAH
program from the unrestricted program income. In addition to the NOAH funding, there
is $5,920,000 available in unrestricted program income that was approved by the Council
as part of the FY 24 budget, but has not been allocated to a specific use or program.
Through various briefings, the Administration has proposed that additional dormant
program income be allocated to capitalize the THLF, with the following allocations to
specific Direct Delivery Programs:
• Home Repair Program: $500,000
• CLT Program with Homebuyer Mortgages: $2,100,000
If the Council is supportive of budget allocations to these programs, the Administration
will prepare a budget action item for the Council’s consideration. As new program
income is generated, the program income is proposed to be recycled through the THLF
pursuant to the Housing Program Funds Policy. Not related to these programs, the
Administration has proposed that the unrestricted program income be used to pay off two
lines of credit that were utilized years ago to assume shares in homebuyer mortgage loans
issued by the City. The current balance required to pay off these lines of credit is
~$2,604,000, as payments are being made monthly and the principal is decreasing.
Paying off these lines of credit will save the City a significant amount of interest. In
addition, the Administration has proposed that $180,000 of dormant program income be
used for a Tenant Relocation Program that the City is establishing based on the policies
priorities adopted through Thriving in Place, the City’s anti-displacement plan. In regard
to any remaining unrestricted program income, the Administration proposes that that
funding be allocated to the THLF for future allocation to a specific Direct Delivery
Program.”
Council Feedback: Included clarifying questions about the new Revolving Loan Fund,
program income budgeting proposals, and combing HUD and FoF application processes.
Council requested a follow-up briefing specific to the FoF - Housing Programs Funds.
October 15, 2024: Council was most recently briefed through a “Follow-up to the draft
legislative policies for the Housing Program Funds focusing on Funding Our Future”
transmittal, transmitted September 30, 2024. This transmittal identified, in part:
Summary:
“Funding Priorities:
Programs and activities that implement the moderate-income housing plans, anti-
displacement plans, and/or other plans related to housing stability programs.
Funding Categories:
Specific funding eligibility categories shall include the following: Tenant Housing
Assistance, and Equity and Homeownership Assistance.
Application and Recommendations Process:
A FoF competitive application process will be combined with the longstanding
competitive application process to allocate HUD funding. After applications are
collected, the applications will be reviewed and funding recommendations made by the
Community Development and Capital Improvement Program (CDCIP) advisory board,
followed by the Mayor, with final funding allocations made by the City Council. As such,
the funding requests/recommendations for HUD and FoF will be provided to the Council
through the same process, allowing for better coordination of funding that is intended for
the same purposes.”
Council Feedback: The Council was receptive to the streamlining and coordination of the
HUD and FoF-Housing Program Funds application and recommendation processes.
Overall, from the briefings Council has provided the Administration direction that is supportive
of the draft legislative policies. The Administration said that CAN and Housing Stability would
follow up with formal resolutions with the incorporation of any provided Council feedback.
Next Steps
As stated, at August 13, 2024 briefing the ultimate goal is to accomplish the following through
resolutions:
Adopt formal resolutions to establish legislative criteria for the Direct Delivery Housing
Programs (the Home Repair Program, the Community Land Trust Program, and the Naturally
Occurring Affordable Housing Preservation Pilot Program) and the Housing Program Funds, that
include the creation of a Housing Program Loan Committee and a Tenant and Homeowner Loan
Fund.
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Item F4
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Allison Rowland, Senior Policy Analyst
DATE:August 12, 2025
RE: RESOLUTION: LEGISLATIVE POLICY FOR THE NATURALLY OCCURRING
AFFORDABLE HOUSING PRESERVATION PROGRAM
MOTION 1 – ADOPT
I move that the Council adopt the Legislative Policy for the Salt Lake City Naturally Occurring Affordable
Housing Preservation Program.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
04/29/2025
Date Sent to Council:
05/06/2025
From:
Department *
Community and Neighborhood
Employee Name:
Royall, Heather
E-mail
heather.royall@slc.gov
Department Director Signature
Director Signed Date
05/05/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
05/06/2025
Subject:
Housing Program Policies
Additional Staff Contact:
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.gov
Presenters/Staff Table
Tammy Hunsaker - tammy.hunsaker@slc.govMike Akerlow - mike.akerlow@slc.govTony Milner - tony.milner@slc.govHeather Royall - heather.royall@slc.gov
Document Type
Resolution
Budget Impact?
Yes
No
Recommendation:
Adopt resolutions to establish legislative policies for the housing program funds, Home Repair Program, Community Land Trust, and NOAH Preservation Program.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
The Administration has briefed the Council on February 7, 2023, February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget allocations are subject to the City’s budgeting process.
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ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Tammy Hunsaker
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
BACKGROUND/DISCUSSION: Salt Lake City (City) utilizes various funding sources to
support housing and community development activities. These funding sources primarily include
U.S. Department of Housing and Urban Development (HUD) grant programs, Funding Our
Future (FoF) sales tax funds, and program income, collectively called the Housing Program
Funds. While some of the funds are deployed to community partners, the City retains a portion of
the Housing Program Funds to administer activities and programs directly to tenants,
homeowners, landlords, and property owners, through programs known as the Direct Delivery
Programs.
On August 13, 2024, the City Council was first briefed on the draft legislative policies for the
Housing Program Funds and certain Direct Delivery Programs. Once adopted, the legislative
policies will establish programmatic standards and the process for allocating funding through the
City’s budget process and to program recipients. Since the August 2024 briefing, the
Administration has revised the policies based on the Council’s feedback and a thorough review
by the Attorney’s Office. Currently, this transmittal includes the following Resolutions for the
Council’s consideration:
1. Housing Program Funds Legislative Policy (Exhibit A):
Establishes financial and reporting standards for the Housing Program Funds; establishes
a Housing Program Funds Loan Committee that reviews and, in certain instances,
approves funding allocations to projects and activities; and establishes the Tenant and
Homeowner Loan Fund, a revolving loan fund pool of revenue to fund the Direct
Delivery Programs.
2. Home Repair Program Legislative Policy (Exhibit B):
Establishes standards for a program that provides financial assistance to low- and
moderate-income homeowners for expenses related to maintaining safe and stable
housing in order to preserve housing and the health and well-being of occupants. The
City provides project management services and issues funding directly to the construction
contractor on behalf of the Homeowner.
3. Community Land Trust Program Legislative Policy (Exhibit C):
Establishes standards for a program that facilitates homeownership opportunities for low-
and moderate-income (LMI) households and to maintain the units as affordable over the
long-term. Equity is shared between the City and the homeowner upon the sale of the
home to a third party to promote wealth building. The City designates property as part of
the land trust model, retaining ownership of the land and selling only the housing unit to
a qualified homebuyer. To facilitate affordability for the homebuyer, the City leases the
land to the homebuyer through a below-market rate ground lease and may provide
mortgage financing.
4. NOAH Preservation Program Legislative Policy (Exhibit D):
Establishes standards for a program that provides financial assistance to property owners
of naturally occurring affordable housing (NOAH) to carry out property improvements in
return for a long-term covenant to preserve affordability. NOAH properties, constituting
one of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires the
property to be rented at an affordable rate. The program will provide grants and low
interest loans to these properties in order to improve the housing stock and preserve
affordability for the long term.
Through the fiscal year 2026 Mayor’s Recommended Budget, the Administration will propose
that program income that was generated over several years from various housing activities,
referred to as Dormant Program Income, be allocated to the Direct Delivery Programs.
PUBLIC PROCESS: The Administration has briefed the Council on February 7, 2023,
February 14, 2023, October 10, 2023, August 13, 2024, and October 15, 2024. Any budget
allocations are subject to the City’s budgeting process.
EXHIBIT:
A. Resolution - Housing Program Funds Legislative Policy
B. Resolution - Home Repair Program Legislative Policy
C. Resolution - CLT Program Legislative Policy
D. Resolution - NOAH Program Legislative Policy
E. Summary of Related Council Briefings
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Housing Program Funds)
WHEREAS, Salt Lake City Corporation (City), through the use of Housing Program
Funds, supports the goals of helping address housing affordability for all residents and providing
increased affordable housing opportunities for low-income households; and
WHEREAS, adopting a legislative policy for the Salt Lake City Housing Program Funds
will facilitate budgetary and reporting transparency, streamline subrecipient application and
recommendation processes, ensure alignment with City best practices, and increase compliance
with state and federal requirements; and
WHEREAS, this legislative policy will also establish a new Housing Programs Loan
Committee and a new Tenant and Homeowner Loan Fund to support the administration of the
Housing Program Funds; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Housing Program Funds.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Housing Program Funds as set forth
in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
April 17, 2025
2
3
Exhibit A
Salt Lake City Housing Program Funds
Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
4
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
5
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
6
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policy and Budgetary Guidelines for the Salt Lake City
Home Repair Program)
WHEREAS, Salt Lake City Corporation (City), through the Home Repair Program,
supports the goals of providing financial assistance to low- and moderate-income homeowners
for expenses related to maintaining safe and stable housing in order to preserve the housing stock
and the health and wellbeing of occupants; and
WHEREAS, adopting a legislative policy for the Home Repair Program will facilitate
budgetary and reporting transparency, streamline recipient application and recommendation
processes, ensure alignment with City best practices, and increase compliance with state and
federal requirements; and
WHEREAS, the City Council does now meet on this ____ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Home Repair Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Home Repair Program as set forth in
Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this _____ day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
Exhibit A
April 17, 2025
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Exhibit A to the Resolution
Salt Lake City Home Repair Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Home Repair Program (Program) provides
financial assistance to low- and moderate-income homeowners (Homeowners) for
expenses related to maintaining safe and stable housing in order to preserve the
housing stock and the health and wellbeing of occupants. Financial assistance is
facilitated through the execution of an agreement between the City, Homeowner, and
a construction contractor. The City provides project management services and issues
funding directly to the construction contractor on behalf of the Homeowner.
1.2 Project Types
The Program includes two types of projects (Project Types), as follows:
A. Minor Repair: Intended to address minor home repairs and accessibility needs.
B. Home Rehabilitation: Intended to correct deficiencies and bring homes up to
applicable City and state building codes.
1.3 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including staff to
manage the administration, construction management, and loan servicing aspects of
the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan Fund
(THLF) pursuant to the Salt Lake City Housing Program Funds Legislative Policy,
attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the Program,
as well as other sources of revenue generated from the Program, shall be considered
Program Income. The financial management of Program Income shall be pursuant to
the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue grants and loans to eligible
Homeowners.
3. ELIGIBILITY REQUIREMENTS
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3.1 Eligible Properties
Eligible properties shall be owner-occupied housing units located within Salt Lake
City boundaries. The property’s real estate taxes, water, and sewer payments must be
current and in good standing with the City, provided however that Program funding
may be utilized to address code violations.
3.2 Eligible Costs
Eligible Costs shall include up to 100% of the cost of labor and materials to correct
substandard conditions, correct violations of applicable City and state building codes,
and to implement certain types of improvements, as follows:
A. Replacement and repair of principal fixtures
B. Replacement and repair of components of existing structures
C. Installation of security and safety devices
D. Weatherization and conservation improvements including for water and energy
efficiency
E. Accessibility improvements and upgrades
F. Lead, radon, and other hazard mitigation
G. Closing costs, loan origination fees, and loan servicing fees
3.3 Eligible Homeowners
Homeowner eligibility shall be based on the following criteria by Project Type:
A. Minor Repair:
a. Have a household income of 80% of the area median income (AMI) and
below; and
b. Have a primary resident that is either a senior (aged 62 years or older) or
living with a disabling condition that is recognized by the U.S. Department of
Housing and Urban Development (HUD).
B. Home Rehabilitation:
a. Homeowners shall reside at the property as their principal residence for the
term of the loan;
b. Have a household income of 80% AMI and below; and
c. For households obtaining an amortizing loan:
i. Have sufficient income to pay back the loan, as determined by the ratio of
the Homeowner’s debt-to-income (DTI). Total monthly revolving debts,
including the costs for the Home Repair Program loan, cannot exceed a
DTI of 45% of the gross monthly income or the maximum amount
allowed under HUD’s First Time Homebuyer Program or its successor. In
addition to a DTI of 45% or lower, the Homeowner shall be required to
demonstrate sufficient income, defined as the amount of money a
household has left over each month after paying major expenses such as
mortgages and car loans, to cover the cost of household needs such as
food, clothing, and other household essentials.
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ii. Have a good history of meeting their financial obligations, as determined
by the Homeowner’s credit report.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
PROJECT
TYPE:
MINOR REPAIR HOME REHABILITATION
and a senior or a senior or disabling
Requirement
Occupancy
Requirement
upon distribution
of funds
and occupancy
Assistance annually; lifetime
limit of $20,000
$50,000 per
Homeowner
property
NOTES:
• Senior: Senior is defined as solely occupied by persons 62 years of age or older or
the head of household(s) are 62 years of age or older.
• Disabling Condition: Disabling Condition as defined by HUD.
• Conditional Grants: Conditional grants shall be forgiven over a 5-year term on a
prorated basis if compliance with terms is maintained. Accordingly, 20% of the
grant shall be forgiven annually. If conditions are not met, the outstanding balance
of the Conditional Grant shall convert to an Amortized Loan at the Default
Interest Rate with a maximum Term of 10 years.
• Deferred Loans: Deferred loans shall become payable upon sale or transfer of the
property or if the homeowner no longer lives in the property as an owner-
occupant.
• Transfer of Loans: Loans may be transferred to certain heirs, including a spouse,
child, or domestic partner, that assume title of the property, subject to prior
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written approval from the City. Eligibility of loan transfer will subject to income
qualification and be analyzed on a case-by-case basis.
• Amortized Loans:
Term: Amortized loans shall have a 20-year term but may be shorter if the
applicant demonstrates the ability to accelerate repayment based on a DTI
analysis.
Interest Rate: Amortized loans shall have an interest rate that is
competitive to the current market rate but shall be no lower than 3%
unless the applicant demonstrates the need for a lower payment based on a
DTI analysis.
Maximum Assistance: The Maximum Assistance amount for amortized
loans shall be sized to the lower of $50,000 or the maximum amount
affordable with the DTI maximum established in Section 3: Eligibility
Requirements.
5. APPROVAL PROCESS
Funding shall be awarded on a first come first served basis, as per the date a complete
application is submitted. Once a completed application is submitted, the application shall be
processed for approval as follows:
A. Staff shall verify that all Eligibility Requirements are met. If requirements are not met,
the application will be denied.
B. If Eligibility Requirements are met, Staff shall make a recommendation to the Housing
Program Funds Loan Committee regarding the maximum assistance amount and other
funding terms and conditions based on the standards established in Section 4: Funding
Terms and Conditions.
C. The Housing Program Funds Loan Committee shall review and has the authority to
provide final approval of the funding request within the standards set forth in this policy.
6. PROCUREMENT, CONTRACTING, AND DISBURSEMENT OF FUNDS
Once an application is approved by the Housing Program Funds Loan Committee, a
procurement and contracting process that complies with City ordinances and policies, as well
as HUD policy, shall be carried out. Housing Stability staff shall provide project
management services, in coordination with the Homeowner and contractor, to establish and
carry out a scope of work. Grant/loan proceeds may be disbursed to the contractor through
construction draws.
7. LOAN DEFERMENT AND MODIFICATION
7.1 Temporary Deferment of Amortized Loans
On an annual basis, existing Program borrowers can apply for a partial or full
deferment of monthly loan payments if the household’s DTI percentage exceeds 45%
considering all debt including the Program loan. The amount of monthly loan
payments to be deferred shall be based on the 45% DTI threshold. Requests for
deferments shall be evidenced by a financial analysis of the household’s income and
debt obligations. Deferments may be approved by the Housing Program Funds Loan
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Committee for up to 12 months and may be reauthorized on an annual basis for up to
five (5) years, consecutive or nonconsecutive, during the term of the loan. If a loan
deferment is granted, the loan shall be extended for an equivalent period of time.
7.2 Permanent Modification or Deferment of Amortized Loans
The following options may be considered if a Program borrower continues to
experience an economic hardship and has exhausted the temporary loan deferment
option provided under Section 7.1:
A. Loan Modification
If a borrower continues to experience an economic hardship, the loan holder may
request a permanent loan modification. The loan modification may include
extension of the loan term up to 30 years and/or an interest rate reduction. Such
requests shall be reviewed and approved by the Housing Program Funds Loan
Committee.
B. Permanent Loan Deferment
If a borrower has experienced a severe and permanent economic hardship, the
borrower may request a permanent deferment of the loan with the loan due upon
sale or transfer of the property. Notwithstanding, the loan may be transferred to
certain heirs including a spouse, child, or a person living in the household for at
least one year prior to Homeowner’s death. The eligibility of a loan transfer shall
be analyzed and approved on a case-by-case basis. In order to be authorized, such
requests shall be reviewed and recommended by the Housing Program Funds
Loan Committee and approved by the Director of CAN.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The report
shall include outcomes associated with the Program, including a summary of projects
completed, number of new grants and loans, total outstanding balance of the loan portfolio,
and number of delinquencies.
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Exhibit A to Salt Lake City Home Repair Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
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activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
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b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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RESOLUTION NO.________ OF 2025
(A Resolution to Adopt Legislative Policies for the Salt Lake City
Community Land Trust Program)
WHEREAS, Salt Lake City Corporation (City), through the Community Land Trust
program, supports the goals of helping provide affordable homeownership opportunities to low-
to moderate-income households; and
WHEREAS, adopting legislative policies for the Salt Lake City Community Land Trust
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, align with City best practices, and increase compliance with
state and federal requirements; and
WHEREAS, the City Council does now meet on this day of __________, 2025 to adopt
legislative policies for the Salt Lake City Community Land Trust program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, that the Salt
Lake City Council hereby adopts the attached legislative policies for the Salt Lake City
Community Land Trust Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this day of ______________, 2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
_________________________________
City Recorder
04/17/2025
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Exhibit A to the Resolution
Salt Lake City Community Land Trust Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) Community Land Trust (CLT Program)
facilitates homeownership opportunities for low- and moderate-income (LMI)
households and to maintain the units as affordable over the long-term. To promote
wealth building, equity is shared between the City and the homeowner upon the
sale of the home to a third party. The City designates property as part of the land
trust model, retaining ownership of the land (Land) and selling only the housing
structure (Housing Unit) to a qualified homebuyer (Homebuyer or Homeowner).
To facilitate affordability for the Homebuyer, the City leases the Land to the
Homebuyer through a below-market rate lease (Ground Lease) and may provide
mortgage financing for the purchase of the Housing Unit (Homebuyer Loan).
1.2 Policy Objectives
The CLT Program shall promote:
A. Affordable homeownership as a way for LMI households to build wealth and
achieve financial stability through equity sharing.
B. Affordable homeownership as a way to reject historical policies that precluded
minorities and others from purchasing a home and widened the racial and
minority wealth gap.
C. Affordable homeownership in areas of opportunity as a platform for a range of
positive life outcomes, including those related to health and education.
D. Affordable homeownership opportunities to combat displacement in
neighborhoods faced with gentrification.
1.3 Program Administration
The CLT Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including
management of rehabilitation activities, and loan servicing aspects of the CLT
Program.
1.4 Scope of Services
Homebuyer Loans issued by the City are exclusively available to Homebuyers
participating in the CLT Program; however, a Homebuyer participating in the
CLT Program is not required to utilize Homebuyer Loan mortgage financing
issued by the City and may use another source of financing subject to approval by
the City.
1.5 Program Inventory
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The CLT Program’s inventory shall include residential properties located within
Salt Lake City boundaries that have been acquired by the City and designated as
part of the CLT Program. Once a property is designated as part of the CLT
Program, it shall remain in the CLT Program in perpetuity unless the property is
deemed to no longer serve the mission of the CLT Program or is needed for a
different public purpose. In instances where a property shall be removed from the
inventory and disposed of, the property shall be disposed of pursuant to City Code
2.58: City Owned Real Property or its successor, but with the sales proceeds
designated as program income pursuant to this policy. Properties may be acquired
for the CLT Program, utilizing funds designated by the City Council for such
purposes, through the following ways:
A. The City may purchase properties on the open market.
B. The City may purchase properties where, as part of a mortgage or loan issued
by the City, there is a contractual clause that gives the City the first
opportunity to buy the property.
C. The City or its Community Reinvestment Agency may build Housing Units or
partner with development partners to build Housing Units on surplus or other
City-owned property.
D. The City may purchase property from homeowners who want to place their
home into the CLT Program or who agree to undertake a sale-leaseback
agreement. Under a sale-leaseback agreement, a property owner would sell the
land underneath their house to the City and continue living in the Housing
Unit under a long-term Ground Lease. This would provide property owners,
such as seniors living on a fixed income, with revenue from the land sale
while also adding to the CLT Program’s inventory.
E. The City may acquire property for the CLT Program through other methods,
such as donations or land swaps, provided that the acquisition follows any
applicable process set forth in ordinance or law.
2. PROGRAM FUNDING
2.1 Funding Sources
The CLT Program shall be primarily funded from the Tenant and Homeowner
Loan Fund (THLF) pursuant to the Salt Lake City Housing Program Funds
Legislative Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the CLT
Program, revenue generated from the sale of property, and any other sources of
revenue generated from the CLT Program, shall be considered Program Income.
The financial management of Program Income shall be pursuant to the Salt Lake
City Housing Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized for the following activities:
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A. The repurchase of Housing Units.
B. The rehabilitation of Housing Units to prepare the home for resale.
C. Mortgage financing to Homebuyers of Housing Units.
D. The acquisition or development of property to add new Housing Units to the
CLT Program’s inventory.
3. ELIGIBILITY, PRIORITIZATION, AND APPROVAL PROCESS
3.1 Eligibility Requirements:
To be eligible to participate in the CLT Program, an applicant shall meet the
following threshold requirements:
A. Maximum Income: A household shall have an annual income which does not
exceed 80% of the area median income (AMI) of households of equal size
residing in the Salt Lake statistical areas as defined by the U.S. Department of
Housing and Urban Development (HUD).
B. Creditworthiness: A household shall demonstrate a history of meeting their
financial obligations, as determined by the homeowner’s credit report.
C. Debt Capacity: A household’s debt to income (DTI) percentage, including all
revolving debt inclusive of the prospective mortgage financing, shall not
exceed 45% of the gross monthly income or the maximum amount allowed
under HUD’s First Time Homebuyer Program.
D. Tenure Status: Applicants shall be a first-time homebuyer or have not owned a
home in the past five (5) years, or a single parent or individual who has only
owned a home with a former spouse or partner while married or in a domestic
partnership.
3.2 Application Prioritization and Housing Unit Selection:
Applicants that successfully meet the Eligibility Requirements set forth in section
3.1 (Pre-Approved Applicants) will be placed on a waitlist that is administered on
a first-come, first-served basis; provided, however, that Pre-Approved Applicants
that meet one or more of the following criteria will be escalated on the waitlist
higher than Pre-Approved Applicants that do not meet these criteria:
A. Households that currently reside in Salt Lake City municipal boundaries and
have done so for twelve (12) consecutive months or longer.
B. Households that have previously lived in Salt Lake City for a minimum of
five (5) consecutive years, and that were displaced within the preceding five
(5) years due to rising housing costs or redevelopment of property.
Once a Housing Unit becomes available, CAN staff will offer it to the first
prioritized Pre-Approved Applicant. The applicant may select to move forward
with purchasing the Housing Unit or may decline to move forward with that
particular Housing Unit. If a Pre-Approved Applicant passes on a Housing Unit,
the Housing Unit will be offered to the next prioritized applicant on the waitlist. A
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Pre-Approved Applicant may pass on a Housing Unit and remain in the same
position on the waitlist. Applicants shall demonstrate that they meet eligibility
requirements at the time of application and at the time of closing.
3.3 Mortgage Financing Approval Process:
Once a Pre-Approved Applicant is matched with a Housing Unit, the Pre-
Approved Applicant shall obtain mortgage financing in one of two ways, as
follows:
A. If the Pre-Approved Applicant is obtaining independent mortgage financing,
the applicant shall provide the City with evidence of the third-party financing
amount and terms and the third-party lender’s acknowledgement of
participation in the CLT Program; or
B. If the Pre-Approved Applicant is obtaining a Homebuyer Loan through the
City, staff shall underwrite the loan pursuant to the standards established in
Section 4: Homebuyer Loans – Terms and Conditions.
The Housing Program Funds Loan Committee shall review and has the authority
to approve the Pre-Approved Applicants acquisition of the Housing Unit and, if
applicable, the terms of the Homebuyer Loan to be issued by the City within the
standards set forth in this policy.
4. HOMEBUYER LOANS - TERMS AND CONDITIONS
If the Homebuyer elects to obtain a Homebuyer Loan issued by the City, the loan shall be
underwritten and issued pursuant to the following terms and conditions:
A. Maximum Loan Amount: Up to 100% of the purchase price of the Housing
Unit as determined by Section 5.
B. Debt to Income Maximum: The DTI maximum is the limit established in
Section 3: Eligibility Requirements.
C. Interest Rate: The interest rate shall be 3%, provided however that a
household’s debt to income (DTI) percentage, including all debt inclusive of
the prospective loan, is below the DTI maximum established in Section 3:
Eligibility Requirements. If a household’s DTI percentage is above the
threshold, the interest rate may be reduced to meet the threshold. Interest rates
shall at no time be below 1%.
D. Term: The term of the loan shall be up to 30 years.
E. Payments: Payments shall be collected monthly. Late payments are subject to
a 4% late fee.
F. Security: A Deed of Trust will be recorded on the property.
5. COMMUNITY LAND TRUST
5.1 Pricing Overview:
The resale price of Housing Units and equity sharing terms are intended to
balance permanent affordability with equity-building opportunities for the
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Homeowner. If a Homeowner elects to sell their Housing Unit, the Homeowner
shall receive the equity they paid on their mortgage, plus a limited amount of
equity from Housing Unit’s appreciation in value. The following components
shall be considered:
A. Base Price: The Base Price shall be the original purchase price of the Housing
Unit by the Homeowner, including the sum of the Homeowner’s down
payment and the amount mortgaged.
B. Earned Equity: The equity attributed to the Homeowner’s down payment and
principal paid on the mortgage.
C. Equity Appreciation: The equity attributed to the appreciation of the Housing
Unit’s value after its purchase by the Homeowner.
5.2 Resale Price and Equity Determination:
When a Homeowner decides to sell, the Resale Price and corresponding
Homeowner equity determination shall be the lower of the following two options:
A. Option 1 – Appreciation Formula:
• Resale Price: The Base Price plus 1.75% of the Base Price, not
compounding, for each year the Homeowner has owned the Housing Unit.
Formula: (Base Price) + (1.75% x Base Price x years of ownership)
• Homeowner Equity Determination: Earned Equity plus Equity
Appreciation capped at 1.75% of the Base Price for each year of
ownership, not compounding. Formula: (Earned Equity) + (Base Price x
1.75% x years of ownership)
B. Option 2 - Appraised Value:
• Resale Price: If the City believes the Appreciation Formula output is too
high for market conditions, the City may, at its expense, commission a
market valuation of the Housing Unit to determine an Appraised Value.
• Homeowner Equity Determination: The Appraised Value less any
outstanding mortgage debt. Formula: Appraised Value – current
outstanding mortgage debt
• For Housing Units newly added to the program inventory or Housing
Units within the existing inventory that appraise lower than the previously
calculated Appreciation Formula, the City may set the current Resale Price
at the Appraised Value of the Housing Unit as determined by an appraisal,
considering the Housing Unit only and not the value of the land.
5.3 Ground Lease Terms, Fees, Renewal Option
A. Occupancy Requirement: Homebuyers shall maintain the housing unit as a
primary residence continuously over the term of the Ground Lease.
B. Initial Ground Lease Term: Ninety-nine (99) years.
C. Ground Lease Renewal Term: Homeowner shall have the option to extend the
terms of the Ground Lease for ninety-nine (99) years.
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D. Ground Lease Expiration or Termination: Upon expiration or early
termination of a Ground Lease, ownership of the Housing Unit shall revert to
the City, provided that the City shall pay the Homeowner, or the
Homeowner’s heirs upon death, pursuant to Section 5.2: Resale Price and
Equity Determination. The City may elect to not purchase the Housing Unit
from the Homeowner and, in such instance, the Land may be disposed of
pursuant to applicable law.
E. Transfer: Homeowner may transfer the Ground Lease to income qualified
households upon approval by the City, including under the following
conditions:
a. A transfer to a new Homebuyer due to a sale of the Housing Unit if the
City does not exercise its Option to Purchase, as outlined in Section
5.4. The sale shall comply with Section 5.2: Resale Price and Equity
Determination and be approved by the City.
b. A transfer, as approved by the City, to certain heirs upon death of the
Homeowner. Eligible heirs shall include a spouse, designated guardian
of the Homeowner’s child under the age of 18, or a person living in the
household for at least one year prior to Homeowner’s death. The
eligibility of a Ground Lease transfer shall be analyzed and approved
on a case-by-case basis.
F. Ground Lease Fee: $50 per month. The Ground Lease Fee may increase from
time to time but may not be increased more than 3% year-over-year.
G. Common Area Maintenance (CAM) Fee: For multifamily units, a CAM fee
may be assessed that equates to the prorated cost of expenses relating to the
maintenance of common areas.
H. Maintenance and Repairs: The Homeowner is responsible for repairs and
maintenance for both the land and improvements unless otherwise covered by
a CAM Fee.
I. Repair and Replacement Reserve: A modest fee may be collected on a
monthly or annual basis and held by the City in a Repair and Replacement
Reserve account to be accessed by the Homeowner for repairs and
replacement of structural and mechanical systems as approved by the City.
Upon resale of a Housing Unit or termination of a Ground Lease, funds
accumulated in the Homeowner’s Repair and Replacement Reserve shall be
used by the City to fund improvements for Housing Units in the CLT
Program’s inventory.
5.4 Option to Purchase Terms
In the event that the Homeowner elects to sell the Housing Unit during the
Ground Lease term, the Homeowner shall notify the City, and the City shall have
the option to purchase the Housing Unit pursuant to Section 5.2: Resale Price and
Equity Determination. If the City declines or the purchase option expires, the
Homeowner has the right to sell the Housing Unit in coordination with the City
and pursuant to the terms contained herein. Any sale or transfer of a Housing Unit
is subject to either an assignment of an existing Ground Lease, with approval by
the City, or the execution of a new Ground Lease with the City.
8
5.5 Property Taxes
Homeowners are responsible for paying property taxes on the Housing Unit, as
assessed by Salt Lake County or other local taxing districts. If the Housing Unit is
financed with a mortgage obtained through the CLT Program, the City may hold
an escrow account to collect and pay property taxes and insurance on behalf of the
Homeowner. If the Homeowner does not have mortgage financing with the City,
the Homeowner shall be responsible for paying property taxes directly to Salt
Lake County.
6. DEFERMENT, MODIFICATION, AND DEFAULT
6.1 Temporary Payment Modification or Deferment of Homebuyer Loan
If a Homeowner is experiencing an economic hardship, the Homeowner may
apply for a modification of payments or a full or partial deferment of payments to
the City. To receive a payment modification or deferment, the Homeowner shall
demonstrate that its household’s DTI percentage exceeds 45% considering all
revolving debt including the CLT Program payments. The portion of monthly
payment amount to be modified or deferred shall be based on the 45% DTI
threshold. Requests for modifications or deferment shall be evidenced by a
financial analysis of the household’s income and debt obligations. Modifications
or deferments may be approved by the Housing Program Funds Loan Committee
for up to 12 months and may be reauthorized on an annual basis for up to thirty-
six (36) months, consecutive or nonconsecutive, during the term of the loan. If a
loan deferment is granted, the loan shall be extended for an equivalent period of
time.
6.2 Modification of a Homebuyer Loan
If the ability to defer has been exhausted, a Homeowner may request a permanent
modification to a Mortgage Loan issued by the City. The modification may
include adjustment of the term and/or interest rate to make the loan payments
more affordable. Modifications shall be reviewed by the Housing Program Funds
Loan Committee and unanimously approved by the Director of Housing Stability,
Director of CAN, and Chief Financial Officer or designee.
6.3 Default
If a Homeowner defaults on a Homebuyer Loan and/or Ground Lease and does
not remedy the default, the City may terminate the Ground Lease and repurchase
the Housing Unit subject to Section 5.2: Resale Price and Equity Determination.
7. REPORTING
CAN shall submit a report on the CLT Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program including an overview of the
inventory of Housing Units, purchase and sale transactions, and budget expenditures and
revenue. To keep the identity of Homeowners confidential, reporting shall include the census
block group of the Housing Unit rather than the address.
9
Exhibit A to the Salt Lake City Community Land Trust Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
10
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
11
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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1
RESOLUTION NO.________ OF 2025
(A Resolution to Adopt a Legislative Policy for the Salt Lake City Naturally Occurring
Affordable Housing Preservation Program)
WHEREAS, Salt Lake City Corporation (City), through the Salt Lake City Naturally
Occurring Affordable Housing (NOAH) Preservation Program, supports the goals of preserving
naturally occurring affordable housing stock and preventing displacement of current Salt Lake
City residents; and
WHEREAS, the NOAH Preservation Program provides financial assistance to property
owners of naturally occurring affordable housing to carry out property improvements in return
for a long-term covenant to preserve affordability; and
WHEREAS, adopting a legislative policy for the Salt Lake City NOAH Preservation
Program will facilitate budgetary and reporting transparency, streamline recipient application
and recommendation processes, ensure alignment with City best practices, and increase
compliance with state and federal requirements; and
WHEREAS, the City Council does now meet on this ___ day of __________, 2025 to
adopt a legislative policy for the Salt Lake City Naturally Occurring Affordable Housing
Preservation Program.
NOW, THEREFORE, be it resolved that the City Council of Salt Lake City, Utah, hereby
adopts the attached legislative policy for the Salt Lake City Naturally Occurring Affordable
Housing Preservation Program as set forth in Exhibit A.
Passed by the City Council of Salt Lake City, Utah, this ____day of ______________,
2025.
SALT LAKE CITY COUNCIL
By _____________________________
CHAIR
Approved as to form: __________________________
Salt Lake City Attorney’s Office
Date: ___________________________
ATTEST:
________________________________
City Recorder
April 17, 2025
2
Exhibit A to the Resolution
Salt Lake City NOAH Preservation Program
Legislative Policies
1. GENERAL
1.1 Mission
The Salt Lake City Corporation (City) NOAH Preservation Program (Program)
provides financial assistance to property owners (Owners) of naturally occurring
affordable housing (NOAH) to carry out property improvements in return for a
long-term covenant to preserve affordability. NOAH properties, constituting one
of Salt Lake City’s largest supply of affordable housing stock, maintain affordable
rents without public subsidy and, therefore, do not have a covenant that requires
the property to be rented at an affordable rate. The lack of covenants and
subsidies makes NOAH assets vulnerable to either redevelopment or disrepair,
both of which create instability for communities. When NOAH properties are
redeveloped due to market speculation or upgrades that result in higher rents,
existing renters are displaced, and affordable housing units are lost. To preserve
Salt Lake City’s affordable housing stock and prevent displacement, the Program
shall provide grants and low interest loans to Owners with the shared goal of
preserving affordability for the long term.
1.2 Program Administration
The Program shall be administered by the Department of Community and
Neighborhoods (CAN) and its Division of Housing Stability, including the
administration and loan servicing aspects of the Program.
2. PROGRAM FUNDING
2.1 Funding Sources
The Program shall be primarily funded from the Tenant and Homeowner Loan
Fund (THLF) pursuant to the Salt Lake City Housing Program Funds Legislative
Policy, attached hereto as Exhibit A (Funds Policy), or its successor.
2.2 Program Income
Any and all repayment of principal and interest on loans issued through the
Program, as well as other sources of revenue generated from the Program, shall be
considered Program Income. The financial management of Program Income shall
be pursuant to the Funds Policy.
2.3 Uses of Funding
Funding allocations shall be utilized to issue loans to eligible Owners.
3. ELIGIBILITY REQUIREMENTS
3.1 Eligible Properties
3
Eligible properties shall be properties located within Salt Lake City boundaries
that:
A. Currently do not have a deed restriction or covenant requiring affordable
rents; or that have a project-based affordability deed restriction or covenant
that is due to expire within three years from the date of application;
B. Include housing units that are currently being rented at a rate affordable to
households at or below 80% of the area median income (AMI) as defined by
the U.S. Department of Housing and Urban Development (HUD), hereafter
referred to as an Affordable Unit. An Affordable Unit shall have an
annualized rental rate, including cost for basic utilities, that does not exceed
thirty percent (30%) of the maximum monthly income permissible for the
applicable AMI, assuming a household size equal to the number of bedrooms
in the unit plus one (Affordable Rate); and
C. Are current and in good standing with the City on real estate taxes, water, and
sewer payments.
3.2 Eligible Owners
Eligible Owners include for-profit, non-profit, and limited equity cooperative
(LEC) organizations that are existing owners or buyers of Eligible Properties, and
that:
A. Demonstrate a gap between the funding required to improve, maintain, and/or
operate the property while maintaining Affordable Rates for the Affordable
Units and the amount of financing available from traditional sources;
B. Demonstrate property management experience; or participation in technical
assistance to ensure the successful management and operation of NOAH
properties;
B. Are tax compliant and current on all City loans related to existing projects
undertaken by the Owner and/or any related entity of the Owner;
C. Possess all necessary legal and corporate authorization to incur the obligations
of the Program financing;
D. Possess the appropriate business license, or commit to obtain the appropriate
business license, to operate rental housing within Salt Lake City; and
E. Are enrolled in Salt Lake City’s Landlord Tenant Initiative.
3.3 Eligible Activities
A. Capital expenses for emergency stabilization activities, including but not
limited to roof repair, mold remediation, building systems, building envelope,
life safety issues, or other physical needs that could impact the health and
quality of life for current residents, or compromise the building structure.
B. Capital expenses to provide necessary renovations to ensure the long-term
viability of the property with the Affordable Units. Renovations may include,
but not be limited to kitchen/bathroom upgrades, paint and flooring upgrades,
historic preservation activities, and common area improvements.
C. If in conjunction with capital expenses, operating expenses may be eligible to
address operating shortfalls and to stabilize the property.
D. Capital expenses relating to the improvement or preservation of a LEC, or
4
other shared equity model, in which a self-governing group of residents
organize to form a corporation or cooperative to purchase the property.
Eligible activities include costs related to renovation/rehabilitation required to
ensure the long-term viability of the LEC.
4. FUNDING TERMS AND CONDITIONS
Funding awards shall be based on the following terms and conditions:
Mechanism housing authority or
other qualified
agency
the HUD Local
Payment Standard
with a housing
voucher
per Affordable Unit
and loan
per Affordable Unit
and loan
per Affordable Unit
and loan
Ratio
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
for up to 30 years;
any loan amounts to
be repaid as balloon
payment due at the
end of the loan term
for the first five (5)
years, any loan
amounts to be repaid
in monthly
amortized payments
payments
Contribution cost cost cost
5. REQUIREMENTS
5
A. Rent Restriction: The monthly rent for the Affordable Units, including all
required housing costs per unit, such as utilities and other charges uniformly
assessed to all apartment units other than charges for optional amenities and
services, shall be as follows:
a. Deed Restricted Units: The maximum monthly gross rental rate shall
not exceed thirty percent (30%) of the maximum monthly income
permissible for the applicable AMI, assuming a household size equal
to the number of bedrooms in the unit plus one.
b. Master Lease Units: The maximum monthly gross rental rate shall not
exceed the fair market rent (FMR) or the maximum HUD local
payment standard for the Housing Choice Voucher (HCV) program,
whichever is lower.
B. Income Restriction: The Affordable Units shall be made available only to
Eligible Households that are qualifying occupants with an annual income at or
below the AMI as applicable for the given Affordable Unit for Salt Lake City
Utah, HUD Metro FMR Area as periodically determined by HUD and
adjusted for household size. Eligible Households shall qualify upon moving
into an Affordable Unit.
C. Tenure: Affordable Units shall be provided as permanent housing as
evidenced through a lease with a minimum tenure of six (6) months.
D. Improvement, Operating, and/or Marketing Plan: Borrowers shall provide a
physical remediation plan, operating plan, and/or management strategy, as
applicable to the project.
E. Fair Housing: Borrowers shall establish an affirmative Fair Housing
Marketing Plan, including offering units to HCV and other tenant-based rental
assistance voucher holders.
F. Anti-displacement: Tenants may not be permanently displaced due to
rehabilitation activities. Borrowers must establish a tenant relocation plan if
tenants are temporarily displaced as a result of rehabilitation activities.
G. No Net Decrease in Affordable Units: Projects shall not result in a net
decrease of affordable housing units, provided however that a net decrease in
units may be approved by the City on a case-by-case basis if the net decrease
in units is to facilitate larger unit sizes with more bedrooms or to facilitate
rental rates at lower AMI.
H. Deferred Payments: Any outstanding loan balance shall be due at the
expiration of the Affordability Term or Loan Term, whichever comes first.
6. APPROVAL PROCESS
Program funds shall first be available through a competitive notice of funding availability
(NOFA) process. For each issued NOFA, the City shall evaluate and consider
applications for approval as follows:
A. Eligibility Review: Applications shall be reviewed by staff to verify that
eligibility requirements are met.
B. Review Committee: For applications that meet the basic eligibility requirements,
applications shall be forwarded to the Housing Program Funds Loan Committee
6
for review and recommendation. Applications that the Housing Program Funds
Loan Committee ranks competitively shall be recommended to the City Council
for a funding allocation.
C. City Council: The City Council shall make the final selection of projects to
receive a funding allocation, subject to the necessary requirements to execute
funding agreements.
If Program funds do not get disbursed through the NOFA, the City may offer the funds
on a first-come, first-served basis, subject to a review by the Housing Program Funds
Loan Committee and approval by the City Council.
7. LOAN DEFERMENT AND MODIFICATION
In the event of economic hardship the City may provide payment deferment or a loan
modification. Such adjustment to loan terms shall be considered on a case-by-case basis
and shall be subject to a thorough review of the project's financial standing and other
relevant information. The process for providing a loan deferment or modification is as
follows:
A. Deferment: The Director of CAN may elect to provide the borrower a temporary
forbearance or deferment of payment for up to twenty-four (24) months,
consecutive or nonconsecutive. If a loan deferment is granted by the City, the loan
term shall be extended for an equivalent period.
B. Modification: If the 24-month loan deferment has been exhausted and the
borrower continues to experience an economic hardship, the borrower may apply
for a modification of loan terms to facilitate affordability of the borrower’s
monthly loan payments. The Housing Program Funds Loan Committee shall
review such requests and provide a recommendation that is forwarded to the City
Council, who shall consider and act upon all such requests.
8. REPORTING
Staff shall submit a report on the Program to the City Council on an annual basis. The
report shall include outcomes associated with the Program, including a summary of
projects completed including a summary of units and affordability levels, number of new
grants and loans, total outstanding balance of the loan portfolio, and number of
delinquencies.
7
Exhibit A to the Salt Lake City NOAH Preservation Program Legislative Policies
Salt Lake City Housing Program Funds Legislative Policy
1. GENERAL
1.1 Scope
Salt Lake City Corporation (City) utilizes various funding sources to support
housing and community development activities (Housing Program Funds),
primarily through two different classes of programs: (1) to local organizations for
the implementation of activities that support the City’s goals (Subrecipient
Programs); and (2) to administer activities and programs that pass funds directly
to tenants, homeowners, landlords, and property owners (Direct Delivery
Programs). Direct Delivery Programs initially include the Home Repair Program,
the Community Land Trust (CLT) Program, and the Naturally Occurring
Affordable Housing (NOAH) Program. This policy establishes financial and
reporting standards for the Housing Program Funds. In addition, this policy
establishes a revolving loan fund as a self-replenishing pool of revenue to fund
the Direct Delivery Programs.
1.2 Intent
Housing and community development policies are outlined in various plans that
have been adopted or approved by the City Council. The intent of the Housing
Program Funds is to implement the goals and objectives that are outlined in
various pre-adopted plans, including but not limited to the City’s moderate-
income housing plan, anti-displacement plan, and the 5-year consolidated plan
required by the U.S. Department of Housing and Urban Development (HUD). The
uses of the funds for the Direct Delivery Programs shall be outlined in the specific
program policy.
1.3 Program Administration
The Housing Program Funds shall be administered by the Department of
Community and Neighborhoods (CAN) and its Division of Housing Stability.
2. FINANCIAL
2.1 Revenue
Housing Program Funds revenue sources shall include:
A. Federal Ongoing: Revenue from federal funding sources that is allocated
annually to the City for affordable housing and community development
activities, including the following HUD programs: Community Development
Block Grant (CDBG), Home Investment Partnership Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons
with AIDS (HOPWA).
B. Funding Our Future (FoF): FoF sales tax dollars that are designated annually
for housing programs.
C. Program Income: Revenue generated from the sale of property, the repayment
of principal and interest, or other sources of revenue generated from an
8
activity funded with the Housing Program Funds. To comply with the various
statutory requirements for each revenue source, the City shall separately
account for Program Income according to the associated source, as follows:
• Restricted Program Income: Program Income generated from Federal
Ongoing or other sources with federal, state, or other restrictions shall
be administered according to associated requirements. For example,
Program Income generated from Federal Ongoing funding sources
maintains federal requirements in perpetuity and shall be recaptured
and reallocated annually pursuant to federal regulations.
• Unrestricted Program Income: Program Income generated from
sources that do not have restrictions on the utilization of program
income shall be deposited into a revolving loan fund, pursuant to
Section 3: Tenant and Homeowner Loan Fund, to continue to support
the implementation of the Direct Delivery Programs.
D. Other Housing Program Funds: The City may designate general fund or other
one-time funding from federal, state, or other sources for housing or
community development purposes.
2.2 Annual Budget Allocations
The City Council shall appropriate the Housing Program Funds revenue to
specific Direct Delivery and Subrecipient programs through the annual budget
process. The Administration shall propose funding recommendations to the City
Council either through a competitive application process or through
administrative budget recommendations, as follows:
A. Competitive Application Process
The following sources of Revenue shall fund either Subrecipient or Direct
Delivery programs and shall be subject to an annual competitive application
process:
a. Federal Ongoing
b. FoF
c. Restricted Program Income
d. Other Housing Program Funds (on a case-by-case basis)
Applications shall be subject to a review and funding recommendation process
conducted first by the Community Development and Capital Improvement
Program Advisory Board (CDCIP Board), or its successor, then by the Mayor.
The CDCIP Board and Mayor’s funding recommendations shall be submitted
to the City Council during the budget deliberation process for the upcoming
fiscal year.
B. Administrative Budget Recommendations
The following sources of revenue shall fund Direct Delivery Programs to
support their financial viability. Funding recommendations shall be submitted
through the Mayor’s Recommended Budget:
a. Unrestricted Program Income
9
b. Other Housing Program Funds (on a case-by-case basis)
3. HOUSING PROGRAM FUNDS LOAN COMMITTEE
Once the City Council has appropriated funding to a Direct Delivery Program, funding
allocations to specific project recipients shall be determined by the respective Direct
Delivery Program policy. A Housing Program Funds Loan Committee (Loan Committee)
shall be established to provide recommendations or provide final approval of funding, as
established by the respective Direct Delivery Program policy, and shall be comprised of
five (5) members, as follows:
A. Two (2) members of the CDCIP Board, or its successor
B. The Director of Community and Neighborhoods, or designee
C. The Director of Housing Stability, or designee
D. The City’s Chief Financial Officer, or designee
The Loan Committee shall be subject to the Utah Open and Public Meetings Act and
shall meet on an as-needed basis.
4. TENANT AND HOMEOWNER LOAN FUND
The Tenant and Homeowner Loan Fund (THLF) shall be established and maintained as a
restricted account in the general fund to facilitate the revolving of Unrestricted Program
Income for the implementation of the Direct Delivery Programs. The THLF shall be
financially managed by the Department of Finance (Finance). There shall be deposited
into the fund all revenue received by the City that does not have federal or state
restrictions and that is dedicated to community development and affordable housing
programs, including, but not limited to:
A. Unrestricted Program Income;
B. In lieu payments, mitigation fees, contributions, and other monies that may be
received by the City for the purposes of tenant and homeownership housing
programs; and
C. Other monies appropriated by the City Council.
No expenditure shall be made from the THLF without approval of the City Council.
Through the annual budget, the City Council shall allocate funds from the THLF to
specific Direct Delivery Programs pursuant to Section 2.2.
5. REPORTING
CAN and Housing Stability shall submit a report to the City Council on an annual basis
that provides an overview of budget expenditures, revenues, and associated outcomes.
The report shall include a summary of property transactions, loans, grants, and
populations served. To keep the identity of individuals, tenants, homeowners
confidential, reporting shall include the census block group of the property, household, or
individual served rather than the address.
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Exhibit E: Summary of Related Council Briefings
Past Briefings
February 7, 2023: Council was informed about these Direct Delivery programs and dormant
program income through a “Briefing on aligning budget and procedural processes of certain
programs administered by the Housing Stability Division with current City best practices”
transmittal, transmitted on December 30, 2022. This transmittal identified, in part:
Summary:
“Direct Delivery Programs: Most of the Direct Delivery Programs’ resources are
dedicated to working directly with prospective and current homeowners to promote safe,
healthy, and affordable homeownership. These efforts complement the focus of the
Redevelopment Agency (“RDA”) to work with developers on the development and
preservation of housing units. There are twelve full-time positions within Housing
Stability dedicated to administering these programs. Refer to Attachment A: Housing
Stability Programs and Activities Matrix for more information on the efforts currently
centralized under Housing Stability. A summary of the current Direct Delivery
Programs for housing and neighborhood development is as follows: Home Rehabilitation
Programs, Homebuyer Programs, Community Land Trust, Targeted and Small Repair
(formerly Handyman) Programs, HOME Development Fund, Neighborhood Business
Improvement Program, and Fix the Bricks.
Direct Delivery Programs - Budget Overview: On May 3, 2022, the Administration
submitted a transmittal regarding a ~$12 million surplus in unused HUD program income
(the “Dormant PI”). The Dormant PI was generated over multiple decades by various
Direct Delivery Programs and originated from CDBG and HOME funds. Subsequently,
the Council approved ~$12 million in Dormant PI through the FY 2023 budget, pending
future approval by the Council on uses of the funds. The circumstances that led to the
accumulation of Dormant PI have been rectified, with newly generated program income
now being recaptured and allocated through a subsequent HUD application process.
Since the Dormant PI transmittal was submitted, the Administration has determined that
additional sources of program income and other funds are available for allocation. The
following is intended to provide a comprehensive overview of the current budget of HUD
funding as well as the balances of other accounts that have historically been utilized for
the Direct Delivery Programs. This summary does not include funding for the Fix the
Bricks program, as that program was recently transferred to Housing Stability and does
not warrant the same level of examination.
Process Improvements: The Administration has identified the need to align Direct
Delivery Programs with current City practices, paying particular attention to the Home
Rehabilitation, Homebuyer, and CLT programs since they are more complex and utilize
both federal and local funds. Recommendations are as follows: Establish Formal Policies
and Procedures, Increase Budget Transparency, Alignment with the Open and Public
Meetings Act, and Establishment of a Homeowner Revolving Loan Fund.”
Council Feedback: The Council asked questions about the current CLT eligibility
requirements and acquisition process, how the proposed revolving loan fund would be
structured, and whether it would use HUD or general funds. Current CLT properties
included a mix of HUD and general funds, and the Administration will look to the
Council for direction on funding, and source of funding for a revolving loan fund. The
Council asked the Administration to review and coordinate with the Redevelopment
Agency (RDA) (now CRA) and other City Departments to avoid duplication of direct
delivery services. The Council also asked clarifying questions about the differences
between direct delivery programs verses grant subrecipients.
February 14, 2023: Council received a follow-up briefing on housing-related initiatives and
programs offered by Salt Lake City and the RDA of Salt Lake City, in relation to the December
30, 2022 transmittal.
Then through a separate briefing, CAN and Housing Stability presented on HUD-related
dormant program income, including timelines to utilize those funds, and eligible uses through a
“Briefing on unallocated HUD program income funds” transmittal, transmitted on May 3, 2022.
Summary: CAN and RDA briefed the Council through a follow up presentation in
relation to the February 7, 2023, briefing on “aligning budget and procedural processes
of certain programs administered by the Housing Stability Division with current City best
practices” transmittal, transmitted on December 30, 2022.
Additionally, CAN and Housing Stability briefed Council on dormant HUD program
income and potential uses.
Council Feedback: The Council asked CAN and RDA about the differences and
interaction of federal and non-federal funding to support the development of affordable
housing, and the difference between projects and programs. The Council asked both CAN
and RDA to develop and implement clear processes for developers and the general public
regarding available City development funds.
Additionally, the Council asked CAN and Housing Stability about the Direct Delivery
programs and recognizing and committing dormant HUD program income in a timely
manner that meets HUD requirements. The Council asked that the funds align with City
accounting procedures, housing priorities, and leverages City surplus properties and other
affordable housing projects. The Council asked CAN and Housing Stability to prioritize
workforce housing, low- to moderate-income housing, small business economic
development assistance in commercial areas, and rent and mortgage assistance for low-
income households.
October 10, 2023: Council was again briefed through a “Substantial Amendments to the Salt
Lake City five-year 2020-2024 Consolidated Plan, and one-year 2023-2024 Annual Action Plan
to recognize and utilize U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
generated Program Income” transmittal, transmitted on September 23, 2023. This transmittal
identified, in part:
Summary: Housing Stability reviewed dormant HUD restricted program income, HUD
restrictions and eligible uses, proposed uses based on previous Council direction, and
how Housing Stability will work with the RDA to publicly notice available development
funds through the RDA Notice of Funding Availability (NOFA).
Council Feedback: The Council asked clarifying questions about the NOFA funding
sources.
August 13, 2024: Council was again briefed through a “Draft legislative policies for the Housing
Program Funds, including the establishment of a Tenant and Homeowner Loan Fund, and the
Direct Delivery Housing Programs” transmittal, transmitted on April 1, 2023. This transmittal
identified, in part:
Summary:
“Salt Lake City Home Repair Program Policy:
The City has been operating the Home Repair Program for decades. The program
provides grants and loans to low and moderate-income homeowners, defined as 80% of
the area median income (AMI) and below, to address emergency and chronic home repair
needs. While Housing Stability has been administering the program pursuant to HUD
regulations, legislative polices have never been formally adopted by the Council.
Salt Lake City Community Land Trust (“CLT”) Program Policy:
The City has been operating the CLT program since the Council adopted resolution 12 of
2017 which satisfies the requirements of Utah Code Section 10-8-2, in effect authorizing
the City to sell properties at below-market value to facilitate affordable homeownership
opportunities.
Salt Lake City NOAH Preservation Pilot Program Policy:
Through the FY24 budget, the Council allocated $1.2 million for a Naturally Occurring
Affordable Housing (NOAH) preservation pilot program. NOAH properties –
constituting one of Salt Lake City’s largest supply of affordable housing stock – maintain
affordable rents without public subsidy and, therefore, do not have a covenant that
requires the property to be rented at an affordable rate. These properties are often aging,
integrated into established neighborhoods, owned by small to medium scale landlords,
and/or are at risk of rent increases through redevelopment or property improvements.
Salt Lake City Housing Programs Fund Policy:
This policy will establish standards for the budgeting, accounting, and reporting of the
Housing Program Funds, and will establish a revolving loan fund, to be named the Salt
Lake City Tenant and Homeowner Loan Fund (THLF). This will serve as a self-
replenishing pool of revenue to fund the Direct Delivery Programs. Within the draft
policy, the budgeting process for revenue and treatment of program income is based on
the source of funding as follows: New Revenue, Restricted Revenue and Unrestricted
Program Income.
Budget Considerations:
Through the FY24 budget process, the Council allocated $1.2 million to the NOAH
program from the unrestricted program income. In addition to the NOAH funding, there
is $5,920,000 available in unrestricted program income that was approved by the Council
as part of the FY 24 budget, but has not been allocated to a specific use or program.
Through various briefings, the Administration has proposed that additional dormant
program income be allocated to capitalize the THLF, with the following allocations to
specific Direct Delivery Programs:
• Home Repair Program: $500,000
• CLT Program with Homebuyer Mortgages: $2,100,000
If the Council is supportive of budget allocations to these programs, the Administration
will prepare a budget action item for the Council’s consideration. As new program
income is generated, the program income is proposed to be recycled through the THLF
pursuant to the Housing Program Funds Policy. Not related to these programs, the
Administration has proposed that the unrestricted program income be used to pay off two
lines of credit that were utilized years ago to assume shares in homebuyer mortgage loans
issued by the City. The current balance required to pay off these lines of credit is
~$2,604,000, as payments are being made monthly and the principal is decreasing.
Paying off these lines of credit will save the City a significant amount of interest. In
addition, the Administration has proposed that $180,000 of dormant program income be
used for a Tenant Relocation Program that the City is establishing based on the policies
priorities adopted through Thriving in Place, the City’s anti-displacement plan. In regard
to any remaining unrestricted program income, the Administration proposes that that
funding be allocated to the THLF for future allocation to a specific Direct Delivery
Program.”
Council Feedback: Included clarifying questions about the new Revolving Loan Fund,
program income budgeting proposals, and combing HUD and FoF application processes.
Council requested a follow-up briefing specific to the FoF - Housing Programs Funds.
October 15, 2024: Council was most recently briefed through a “Follow-up to the draft
legislative policies for the Housing Program Funds focusing on Funding Our Future”
transmittal, transmitted September 30, 2024. This transmittal identified, in part:
Summary:
“Funding Priorities:
Programs and activities that implement the moderate-income housing plans, anti-
displacement plans, and/or other plans related to housing stability programs.
Funding Categories:
Specific funding eligibility categories shall include the following: Tenant Housing
Assistance, and Equity and Homeownership Assistance.
Application and Recommendations Process:
A FoF competitive application process will be combined with the longstanding
competitive application process to allocate HUD funding. After applications are
collected, the applications will be reviewed and funding recommendations made by the
Community Development and Capital Improvement Program (CDCIP) advisory board,
followed by the Mayor, with final funding allocations made by the City Council. As such,
the funding requests/recommendations for HUD and FoF will be provided to the Council
through the same process, allowing for better coordination of funding that is intended for
the same purposes.”
Council Feedback: The Council was receptive to the streamlining and coordination of the
HUD and FoF-Housing Program Funds application and recommendation processes.
Overall, from the briefings Council has provided the Administration direction that is supportive
of the draft legislative policies. The Administration said that CAN and Housing Stability would
follow up with formal resolutions with the incorporation of any provided Council feedback.
Next Steps
As stated, at August 13, 2024 briefing the ultimate goal is to accomplish the following through
resolutions:
Adopt formal resolutions to establish legislative criteria for the Direct Delivery Housing
Programs (the Home Repair Program, the Community Land Trust Program, and the Naturally
Occurring Affordable Housing Preservation Pilot Program) and the Housing Program Funds, that
include the creation of a Housing Program Loan Committee and a Tenant and Homeowner Loan
Fund.
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Item F5
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Lehua Weaver, Council Office Deputy Director
Kira Luke, Council Policy Analyst
DATE:August 12, 2025
RE: MOTION SHEET – Resolution: Council Policy Manual – Communication Budget
MOTION 1 – ADOPT
I move that the Council adopt a resolution amending the Council Policy regarding the Council District
Communication, Outreach, and Community-Building Budget.
A.18 COUNCIL DISTRICT COMMUNICATION, OUTREACH, AND COMMUNITY-
BUILDING BUDGET (7/2025)
The City Council District Communication, Outreach and Community-Building budget is
available to each Council Member for use for their District. The City Council intends that the
fund will support and assist City Council Members in fulfilling their duties.
a.Policy Basis & Benefits for the Council’s District Communication, Outreach and
Community Building Approach:
1. The City Council finds that it is essential to good governance that Council
Members be accessible to and in direct contact with constituents in the District
they each represent.
2. The City Council finds that empowering constituents to share their ideas,
concerns and expectations is a fundamental role of local government.
3. The Legislative Branch of Salt Lake City, with Council Members elected
based upon District boundaries, is the level of government closest to the
public.
4. The communication needs of, and the Council’s outreach to, each City
Council District, each segment of the community, and each resident are
unique and cannot be met by a ‘one size fits all’ approach. These diverse
needs require flexibility in how funds are used.
5. Salt Lake City Government prides itself on being open, transparent and
accountable, which is carried out through robust community engagement and
participation.
b.Purpose, Limitations and Standards:
1. There are legal and ethical limitations on the use of the funds because they are
tax dollars, allocated by vote of the City Council from the City’s general fund
budget and subject to accounting standards and reporting for transparency.
2. Expenses must adhere to the City Code 2.44.040 Conflict of Interest
ordinance, State Municipal Officers and Ethics Act, and avoid
disproportionately benefiting individual businesses.
3. Funds from the Communication and Outreach Budget must serve a valid
public purpose. Public purposes for the funds are uses that enable Council
Members to:
A. share information about City government, Council information, current
events, government initiatives, council activities, encourage community
engagement with city government
B. reach out to historically underrepresented communities
C. provide opportunities for constituents to interact with City government,
the City Council Member who represents them, and one another
D. gather information that can be shared with the full City Council to better
inform decision-making
E. build a better understanding of community needs, assets and interests
F. help community members overcome barriers to participation in City
government
G. help build identity, pride, and connection that will sustain long-term
community capacity and resiliency.
4. Council Members may not spend funds during the 60 days leading up to a
primary or general election where the Council Member’s name will appear
upon a ballot.
5. Council Members may not supplement their communication budget balances
through personal contributions nor through independent fundraising so that
the amount available to each Council Member remains equal.
6. The City has a number of grant and loan programs to which individuals and
organizations may apply. Council Members may encourage outside
organizations to use those programs to promote the efficient use of public
funds and have adequate structure in place to meet the legal fiscal procedure
requirements for grants, including access to the opportunity to apply, and
appropriate accountability to the taxpayers through formal contracting,
monitoring and reporting structures.
7.The U.S. House of Representatives Communications Manual is traditionally
the source that the City Council Office consults when questions related to the
purpose, limitations and standards of the Council’s policy arise.
8. Any use of funds that is not included in this Policy is not allowed. If a Council
Member has a use that is not specifically allowed, the request could be made
to the full Council through a budget amendment in order to comply with State
Code (Utah Code § 10-8-2 and the Fiscal Procedures Act.).
9. Funds expended upon allowed activities and events:
A. Should be for events free and open to the public.
B. Should be held at neutral, non-religious locations.
C. May not be used for controlled substances.
D. Should be ADA accessible.
c.Annual Budget & Uses
1. Budget Information
A. Each district’s communication budget will total $16,200 per calendar year
to coincide with terms of office as new Council Members are elected.
B. This amount can be amended annually by a vote of the full Council.
C. Funds in the district communication budget will be expended at the
Council Member’s discretion and are subject to the standards listed above.
2.Uses: Council Members may expend funds from their communication,
outreach, and community-building budget only for the uses outlined below.
A.Expenses directly related to City business and personally
organized or hosted by Council Members. The limit is set by the
amount of funding available to Council Members.
i. Communication Efforts
1. Newsletters, postcards, magnets, or other mass mailings
(defined as 25 or more recipients): design, printing, and
mailing expenses
2. Flyers, informational material/printouts, copies of
office communication (25 or more pieces): design,
printing, distribution
3. Promotional Material: signs, magnets, stickers, t-shirts,
pins, SWAG (Council branded items ordered in large
quantities at low per-item costs)
4. Advertising/Marketing: ads or articles in print or web
publications, banners, and social media.
ii. Events & Gatherings held within the Council District
1. District meeting / Town Hall, including
invitations/mailers, venue and rental costs, and
refreshments.
2. Social Events organized/hosted by the Council
Members. Allowed uses are rental costs, notifications,
refreshments (excluding legal controlled substances
including – but not limited to - alcoholic beverages,
tobacco, nicotine products, vapes, spice, or mushroom
gummies), and entertainment suitable for public
performance.
3. Rental costs/booth reservations: booth or tabling space
at a public event where Council Members or staff will
attend to represent and increase visibility of Council
Members and/or city initiatives.
4. Small group meetings: refreshments or meal costs at
City events, networking, or meetings with constituents.
B.Expenses on behalf of other entities
i. Outside non-profit or recognized community organizations
may request funding for activities consistent with this policy.
1. Communication efforts as described above in
subsections c.2.A.i.1-4
2. Events and gatherings as described above in
subsections c.2.A.ii.1-4.
ii. Requests must be:
1. consistent with all stated benefits, purposes, and
standards outlined in this policy.
2. related to city business, mention the Council Member
or Council Office/District, or include an opportunity for
the Council Member’s participation (i.e. reference,
credit, speaking involvement, availability).
3. requested in writing from the entity in advance
4. accompanied by documentation for the expenses with
receipts to receive reimbursement.
iii. Contributions to outside entities are limited by:
1. Communication efforts: contributions are only allowed
if the Council Member receives attribution and/or has
space to contribute information.
2. Events and gatherings: If there is no attribution, role or
involvement of the Council Member, then contributions
would be limited to 10 percent of the District’s annual
budget amount. If there is Council Member sponsorship or involvement and participation
at the event, then there is no limit.
C.Sponsorships / Donations
i. A request from a registered non-profit or other known
community organization based in Salt Lake City for a
“sponsorship” in exchange for advertising space that is
consistent with the purpose and standards of this policy is
allowed. The advertising should be related to the city
government, council district, or council business and be placed
on city owned property.
ii. A request from any organization for a general donation to an
event or organization is not allowed.
d.Procedures for accounting and carryover of the annual budgets
1. General
A. All events, mailings, and activities that are specific to a Council
District will be paid for out of these funds.
B. If an event, mailing or activity affects multiple districts, the cost
can be split between multiple budgets.
C. Any citywide event, mailing, or activity will be paid for out of the
Council Office budget and not the Communication funds. This will be
placed on the Chair / Vice Chair agenda for coordination first, and on announcements for
the full body to discuss, if needed.
2. Tracking
A. Liaisons will track all district expenses during the calendar year
and update Council Members’ budgets accordingly.
B. Council staff will provide a quarterly accounting to each Council
Member on the status of funds in the district’s communication
budget.
C. If a district’s communication budget is fully expended prior to the
end of the calendar year, it will remain at a zero balance until the
beginning of the next calendar year.
D. For Council Members going out of office, all use of the district
communication budget should be completed entirely by December 31.
Any remaining funds in the communication budgets at the end of a
Council Member’s term will not be carried over to the incoming
Council Member since the new communication budget starts in
January of each year. To help assure a smooth transition and to
recognize the degree to which staff resources need to be focused on the
transition and Oath of Office, under no circumstances should a mailing
or distribution of materials take place after January 1 for an outgoing
Council Member.
E. For Council Members appointed to fill a District vacancy, a full
year’s budget will be allocated for use, regardless of at what point in
the calendar year the appointment occurs.
3. Carryover funds
A. If a district’s communication budget is not fully expended by the
end of the calendar year, and the Council Member is continuing in
office, the remaining budget amount will automatically be carried over
and available to the Council Member in the first six months of the next
calendar year.
B. If the Council Member is not able to utilize the amount carried
over by June 30 and has a project in mind or started, the Council
Member may include a request on Budget Amendment No. 1 to re-
allocate that funding to the Council Office for intended use.
i. Staff will work with Council Members well in advance of June
30 to plan for the use of carried over funds.
ii. The budget amendment request should provide information to
the Council on how and when the funds will be used.
iii. The reallocated funds will expire at the end of the calendar
year.
iv. The funds to be re-allocated should be related to the cost of the
pending project and shall not exceed one typical year’s district
communication budget.
v. The Council may elect to give preliminary approval informally
in the Announcements section of a Council Meeting, and
follow-up with formal Budget Amendment approval. The
project may move ahead once preliminary approval is
granted.
1
RESOLUTION No. ____ of 2025
(A resolution amending Section A.18, Council District Communication, Outreach, and
Community-Building budget of the City Council policy manual)
WHEREAS, the Salt Lake City Council maintains a Policy Manual that includes agreed
upon expectations and standards of practice; and
WHEREAS, the Policy Manual serves as a resource for Council Members, Council staff,
and Administration staff on daily practices and routine procedures, including agenda paperwork
and scheduling, recurring internal procedures related to processing norms for community events,
and travel for conferences; and
WHEREAS, providing the Policy Manual to the public furthers the values of
transparency and open government, and can assist the public in understanding the Council’s
practices.
NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah,
that changes to the Policy Manual will be approved by resolution and the updated sections will
guide Council procedures and will be shared as a resource; and
BE IT FURTHER RESOLVED that Section A.18, Council District Communication,
Outreach, and Community-Building budget, of the Policy Manual is hereby amended in
substantially the form included with this resolution.
Passed by the City Council of Salt Lake City, Utah, on ___________, 2025.
___________________________________
Chris Wharton, Salt Lake City Council Chair
ATTEST:
_________________________
Keith Reynolds, City Recorder
APPROVED AS TO FORM
Office of the City Attorney
Date: 8/6/2025
By: /s/ Mark Kittrell
City Attorney
A.18 COUNCIL DISTRICT COMMUNICATION, OUTREACH, AND COMMUNITY-
BUILDING BUDGET (5/2025) (pending update)
The City Council District Communication, Outreach and Community-Building budget is
available to each Council Member for use for their District. The City Council intends that
the fund will support and assist City Council Members in fulfilling their duties.
a. Policy Basis & Benefits for the Council’s District Communication, Outreach
and Community Building Approach:
1. The City Council finds that it is essential to good governance that Council
Members be accessible to and in direct contact with constituents in the
District they each represent.
2. The City Council finds that empowering constituents to share their ideas,
concerns and expectations is a fundamental role of local government.
3. The Legislative Branch of Salt Lake City, with Council Members elected
based upon District boundaries, is the level of government closest to the
public.
4. The communication needs of, and the Council’s outreach to, each City
Council District, each segment of the community, and each resident are
unique and cannot be met by a ‘one size fits all’ approach. These diverse
needs require flexibility in how funds are used.
5. Salt Lake City Government prides itself on being open, transparent and
accountable, which is carried out through robust community engagement
and participation.
b. Purpose, Limitations and Standards:
1. There are legal and ethical limitations on the use of the funds because
they are tax dollars, allocated by vote of the City Council from the City’s
general fund budget and subject to accounting standards and reporting
for transparency.
2. Expenses must adhere to the City Code 2.44.040 Conflict of Interest
ordinance, State Municipal Officers and Ethics Act, and avoid
disproportionately benefitting individual businesses.
3. Funds from the Communication and Outreach Budget must serve a valid
public purpose. Public purposes for the funds are uses that enable
Council Members to:
A. share information about City government, Council information,
current events, government initiatives, council activities, encourage
community engagement with itscity government
B. reach out to historically underrepresented communities
C. provide opportunities for constituents to interact with City
government, the City Council Member who represents them, and one
another
D. gather information that can be shared with the full City Council to
better inform decision-making
E. build a better understanding of community needs, assets and
interests
F. help community members overcome barriers to participation in City
government
G. help build identity, pride, and connection that will sustain long-term
community capacity and resiliency.
4. Council Members may not spend funds during the [60/90] days leading
up to a primary or general election where the Council Member’s name
will appear upon a ballot. (Refer to Council Policy Manual Section A.19.d,
regarding newsletter mailings)
5. Council Members may not supplement their communication budget
balances through personal contributions nor through independent
fundraising so that the amount available to each Council Member
remains equal.
6. The City has a number of grant and loan programs to which individuals
and organizations may apply. Council Members may encourage outside
organizations to use those programs to promote the efficient use of
public funds and have adequate structure in place to meet the legal fiscal
procedure requirements for grants, including equitable access to the
opportunity to apply, and appropriate accountability to the taxpayers
through formal contracting, monitoring and reporting structures.
7. The U.S. House of Representatives Communications Manual is
traditionally the source that the City Council Office consults when
questions related to the purpose, limitations and standards of the
Council’s policy arise.
8. Any use of funds that is not included in this Policy is not allowed. If a
Council Member has a use that is not specifically allowed, the request
could be made to the full Council through a budget amendment in order
to comply with State Code (10-8-2 and the Fiscal Procedures Act.).
9. Funds expended upon allowed activities and events:
A. Should be for events free and open to the public.
B. Should be held at neutral, non-religious locations.
C. May not be used for controlled substances.
D. Be ADA accessible.
c. Annual Budget & Uses
1. Budget Information
A. Each district’s communication budget will total $16,200 per calendar
year to coincide with terms of office as new Council Members are
elected.
B. This amount can be amended annually by a vote of the full Council.
C. Funds in the district communication budget will be expended at the
Council Member’s discretion and are subject to the standards listed
above.
2. Uses: Council Members may expend funds from their communication,
outreach, and community-building budget only for the uses outlined
below.
A. Expenses directly related to City business and personally
organized or hosted by Council Members. The limit is set by the
amount of funding available to Council Members.
i. Communication Efforts
1. Newsletters, postcards, magnets, or other mass
mailings (defined as 25 or more recipients): design,
printing, and mailing expenses
2. Flyers, informational material/printouts, copies of
office communication (25 or more pieces): design,
printing, distribution
3. Promotional Material: signs, magnets, stickers, t-
shirts, pins, SWAG (Council branded items ordered
in large quantities at low per-item costs)
4. Advertising/Marketing: ads or articles in print or web
publications, banners, and social media.
ii. Events & Gatherings held within the Council District
1. District meeting / Town Hall, including
invitations/mailers, venue and rental costs, and
refreshments.
2. Social Events organized/hosted by the Council
Members. Allowed uses are rental costs,
notifications, refreshments (excluding controlled
substances), and entertainment.
3. Rental costs/booth reservations: booth or tabling
space at a public event where Council Members or
staff will attend to represent and increase visibility
of Council Members and/or city initiatives.
4. Small group meetings: refreshments or meal costs
at City events, networking, or meetings with
constituents.
B. Expenses on behalf of other entities
i. Outside non-profit or recognized community organizations
may request funding for activities consistent with this
policy.
1. Communication efforts as described above in i.1-4
2. Events and gatherings as described above in ii.1-4.
ii. Requests must be:
1. consistent with all stated benefits, purposes, and
standards outlined in this policy.
2. related to city business, or mention the Council
Member or Council Office/District, or include an
opportunity for the Council Member’s participation
(i.e. reference, credit, speaking involvement,
availability).
3. requested in writing from the entity in advance
4. accompanied by documentation for the expenses
with receipts to receive reimbursement.
iii. Contributions to outside entities are limited by:
1. Communication efforts: contributions are only
allowed if the Council Member receives attribution
and/or has space to contribute information.
2. Events and gatherings: If there is no attribution, role
or involvement of the Council Member, then
contributions would be limited to 10 percent of the
District’s annual budget amount. If there is Council
Member sponsorship or involvement and
participation at the event, then there is no limit.
C. Sponsorships / Donations
i. A request from a registered non-profit or other known
community organization based in Salt Lake City for a
“sponsorship” in exchange for advertising space is
consistent with the purpose and standards of this policy is
allowed. The advertising should be related to the city
government, council district or business and be placed on
city owned property.
ii. A request from any organization for a general donation to an
event or organization is not allowed.
d. Procedures for accounting and carryover of the annual budgets
1. General
A. All events, mailings, and activities that are specific to a Council
District will be paid for out of these funds.
B. If an event, mailing or activity affects multiple districts, the
cost can be split between multiple budgets.
C. Any citywide event, mailing, or activity will be paid for out of
the Council Office budget and not the Communication funds. This
will be placed on the Chair / Vice Chair agenda for coordination
first, and on announcements for the full body to discuss, if
needed.
2. Tracking
A. Liaisons will track all district expenses during the calendar year
and update Council Members’ budgets accordingly.
B. Council staff will provide a quarterly accounting to each
Council Member on the status of funds in the district’s
communication budget.
C. If a district’s communication budget is fully expended prior to
the end of the calendar year, it will remain at a zero balance until
the beginning of the next calendar year.
D. For Council Members going out of office, all use of the district
communication budget should be completed entirely by
December 31. Any remaining funds in the communication budgets
at the end of a Council Member’s term will not be carried over to
the incoming Council Member since the new communication
budget starts in January of each year. To help assure a smooth
transition and to recognize the degree to which staff resources
need to be focused on the Induction, under no circumstances
should a mailing or distribution of materials take place after
January 1 for an outgoing Council Member.
E. For Council Members appointed to fill a District vacancy, a full
year’s budget will be allocated for use, regardless of at what point
in the calendar year the appointment occurs.
3. Carryover funds
A. If a district’s communication budget is not fully expended by
the end of the calendar year, and the Council Member is
continuing in office, the remaining budget amount will
automatically be carried over and available to the Council Member
in the first six months of the next calendar year.
B. If the Council Member is not able to utilize the amount carried
over by June 30 and has a project in mind or started, the Council
Member may include a request on Budget Amendment No. 1 to re-
allocate that funding to the Council Office for intended use.
i. Staff will work with Council Members well in advance of
June 30 to plan for the use of carried over funds.
ii. The budget amendment request should provide
information to the Council on how and when the funds will
be used.
iii. The reallocated funds will expire at the end of the calendar
year.
iv. The funds to be re-allocated should be related to the cost
of the pending project and shall not exceed one typical
year’s district communication budget.
v. The Council may elect to give preliminary approval
informally in the Announcements section of a Council
Meeting, and follow-up with formal Budget Amendment
approval. The project may move ahead once preliminary
approval is granted.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
www.slc.gov/council/
TO:City Council Members
FROM: Michael Sanders
Budget & Policy Analyst
DATE:August 12, 2025
RE:ORDINANCE AMENDING ADMINISTRATIVE HEARING PROCESS
ISSUE AT-A-GLANCE
The Administration is proposing to consolidate the appeals process related to license denial, revocation or
suspension as well as civil infraction appeals. This will replace the current Small Claims Court process and
centralizes the various appeals processes for civil violations into a single, streamlined process outside of the
Justice Court.
If an individual wishes to contest an administrative citation, they may request with an initial written review by a
Hearing Officer. If they wish to contest that, they may request a formal appeal before an Administrative Appeals
Officer. A matrix showing the differences between Hearing Officers and Administrative Appeals Officers is
included in Attachment 1. The proposal is intended to standardize how appeals are filed, reviewed, and
adjudicated.
This change affects appeals related to licenses and civil citations for:
Airport ground transportation services
Animal Services enforcement
Business and occupational licenses (e.g.,
auctioneers, taxicabs, pedicabs, vending
carts)
Engineering stop orders
False alarm penalties (burglary, robbery,
and fire alarms)
Landlord/Tenant Initiative
disqualifications
Sexually Oriented Business operations
Solicitation, peddling, and promotional
sales
Theaters, concerts, and events
Unauthorized street use and snow/ice
removal violations
Waste and recycling collection compliance
By taking the process out of the Justice Court and having appeals be reviewed by an Administrative Appeals*
Officer, the proposed ordinance is anticipated to reduce legal and administrative costs for both the City and
appellants, while also easing the burden on the judicial system.
Goal of the briefing: Prepare to consider the ordinance at the August 19, 2025, Formal Meeting.
A public hearing will be held on August 19, 2025.
Page | 2
POLICY QUESTIONS
The Council may wish to ask the Administration how impacted stakeholders will be notified of this
change appeal procedures.
The Council may wish to ask the Administration when they could expect to consider Administrative
Appeals Officer appointments.
Under the current process, a constituent may appeal an administrative citation and receive an informal initial
hearing from a Hearing Officer. These hearings vary in their format from in person, online, or mail.
If a constituent wishes to appeal further, a Hearing Officer must coordinate with the Justice Court to obtain a
case number and secure a court date. An affidavit is then prepared, and the constituent is formally served by
signing an Entry of Appearance and Certificate of Service. The timeline for completing this step can vary
depending on the court’s responsiveness.
Court dates are often scheduled several months in advance. Prior to the hearing, all case evidence must be
compiled and submitted to the court. Hearings occur in the evening, resulting in overtime costs for City
personnel. Attendance is required by at least two City staff members, including legal representation from the
City Attorney’s Office.
Under the proposed process, City staff may issue an administrative citation for applicable violations of the Salt
Lake City Code where the right to an administrative enforcement hearing is specifically provided by ordinance.
Citations may be delivered in person, by mail, or posted on the property; if mailed, the deadline for response is
extended by seven calendar days.
Recipients of a citation have ten calendar days to either comply and pay the civil penalty or submit a written
request for an initial determination using a form provided by the Department of Finance. This request must
include the citation number, contact information, all grounds for contesting the citation, and any supporting
evidence. A Hearing Officer, which is an employee of the responsible department, will review the written
submission and any evidence provided by the issuing officer. Within five business days, the Hearing Officer will
issue a written decision to either:
Dismiss the citation;
Uphold the citation and reduce the penalty; or
Uphold the citation in full.
If the party disagrees with the result of the initial determination, they may request a formal Administrative
Enforcement Hearing before an appointed Administrative Appeals Officer. This request must be filed within 10
calendar days of the initial determination and include an $81 hearing fee, which is refunded if the appellant
prevails. The Appeals Officer is appointed by the Mayor with Council advice and consent and must be either law-
trained or have significant experience in administrative hearings. They serve renewable three-year terms and
may be removed only for cause.
Dismiss the citation (in full or in part);
Impose or reduce civil penalties;
Page | 3
Require corrective actions by specific deadlines;
Grant the City authority to enter property for abatement;
Recover costs, attorney’s fees, and penalties;
Revoke or suspend licenses or permits; or
Schedule future compliance hearings
This order is final upon issuance and may be appealed to Third District Court within 30 days. The court will
review the administrative record only and will uphold the City’s decision unless it is found to be illegal or
arbitrary and capricious.
Administrative Hearing Officers are not City Employees
Some Appeals Processes will not follow 2.75
Workload
Page | 4
Repeal of Alcohol Establishment Enforcement Provisions
Since the repeal of Title 6 (Alcoholic Beverages) in 2012, the City has largely deferred to the Utah Department of
Alcoholic Beverage Services for enforcement actions involving alcohol licensees. Sections 5.51.040 – 5.51.090
are proposed to be repealed. The repealed sections included specific enforcement, hearing, and appeal processes.
It also repeals the Alcohol Enforcement Hearing Board.
The Administration will continue to regulate alcohol-related activity through business licensing requirements,
special event permits, and other applicable ordinances. Appeals related to business license revocations for these
establishments will now be governed under the new administrative process outlined in Section 2.75 of this
proposal.
Section 5.63.065(B) allows a hearing examiner to issue a pedicab license to individuals with otherwise
disqualifying criminal history if they present evidence of reformed moral character and obtain a
recommendation from their parole officer. This exception applies to individuals who have been convicted of
crimes involving moral turpitude, narcotics or dangerous drugs, felony offenses against persons or property (if
less than five years have passed since conviction or release), or those with two or more felony convictions.
This proposal removes that provision. Under the new administrative hearing process, decisions by hearing
officers are intended to align with objective, codified standards to the greatest extent possible. The provision
allowing a subjective determination of “reformed moral character” has been determined to be too vague and
inappropriate for inclusion in the revised framework. Granting hearing officers broad discretion to override
established ineligibility criteria based on perceived character reform is inconsistent with the ordinance’s goal of
streamlining enforcement and reducing ambiguity in licensing decisions.
The Administration has reported that to their knowledge, this provision has never been used.
Sections 12.24.016 and 12.24.018 are proposed to be repealed, as they are duplicative of State Law and are
redundant in our City Code.
1. Differences between Hearing Officers and Administrative Appeals Officers
ATTACHMENT 1:
Page | 6
Differences between Hearing Officers and Administrative Appeals Officers
Appointment
Designated by the Department of
Finance (may be a City employee)
Appointed by the Mayor with advice and
consent of the City Council
Qualifications
No specific legal training required
Must be law-trained or have significant
experience with administrative hearing
processes
Role Conducts initial informal review
(Initial Determination) of
administrative citations
Conducts formal Administrative
Enforcement Hearings (after a party
appeals a Hearing Officer’s decision)
Standard of Review Reviews submitted evidence; no
hearing or testimony; determines
whether violation occurred
Conducts de novo review — considers the
case anew, with no deference to prior
decisions
Decision Authority May:
• Dismiss citation
• Uphold citation with or without
penalty reduction
May:
• Affirm, modify, or reverse citation
• Impose penalties or corrective actions
• Authorize abatements
Public Hearing
No — written review only, based on
submitted documents
Yes — public hearing with testimony,
evidence, and optional legal representation
Continuing Jurisdiction
None after decision is issued.
Has continuing jurisdiction to issue orders,
authorize abatements, modify decisions, or
schedule compliance hearings
Conflict of Interest Rules
Not specified Cannot participate in cases involving a
conflict under Chapter 2.44
Appealability
Decisions can be appealed to an
Administrative Appeals Officer
Final decisions can be appealed to Third
District Court
Term and Removal
Not specified; operates under Finance
Department procedures
Serves renewable 3-year terms; can only be
removed for cause
Subpoena Power
Not authorized
May issue administrative subpoenas
under Chapter 2.59 and applicable
policies
SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
07/23/2025
Date Sent to Council:
07/29/2025
From:
Department *
Finance
Employee Name:
Najarro, Andrea
E-mail
andrea.najarro@slc.gov
Department Director Signature
Director Signed Date
07/23/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
07/29/2025
Subject:
Ordinance Amending Administrative Hearing Process
New transmittal or
Revision
New transmittal
Revision
Revision Updates:
Corrections were made to the Administrative hearing ordinance, and an Amendment to the CFS Ordinance was added.
Additional Staff Contact:
Lisa Hunt - 801-535-7926 - Lisa.Hunt@slc.govArturo Garcia - 801-535-6502 - Arturo.Garcia@slc.govKatherine Pasker - 801-535-7633 - Katherine.Pasker@slc.gov
Presenters/Staff Table
Arturo Garcia - 801-535-6502 - Arturo.Garcia@slc.govKatherine Pasker - 801-535-7633 - Katherine.Pasker@slc.gov
Document Type
Ordinance
Budget Impact?
Yes
No
Recommendation:
The Administration recommends that the City Council adopt amendments to the Salt Lake City Code Chapter 2.75, Enforcement of Civil Violations, as well as amend the CFS Administrative hearing fees.
Background/Discussion
See first attachment for Background/Discussion
Will there need to be a public hearing for this item?*
Yes
No
Public Process
Public Hearing
This page has intentionally been left blank
1
SALT LAKE CITY ORDINANCE
No. _____ of 2025
(Providing a general administrative hearing process for violations of the Salt Lake City Code)
An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to
establish a uniform administrative hearing process for civil violations of city code.
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the
resolution of administrative citations; and
WHEREAS, the city has a significant interest in the timely and effective resolution of
appeals of administrative citations in a manner that provides due process of law; and
WHEREAS, after a public hearing on this matter the Salt Lake City Council has
determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59
of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.59.010: PURPOSE:
It is the purpose of this chapter to provide for the issuance of city subpoenas to the extent
authorized by state law, including, but not limited to, Utah Code Section 10-3-610.
2.59.020: EXECUTIVE BRANCH SUBPOENAS:
The executive branch may authorize subpoenas to compel the attendance of witnesses located
within the state to give testimony or to produce records and documents or other items.
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A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a
department head.
B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney,
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an
appropriate exercise of administrative power prior to the recorder issuing the subpoena.
2.59.030: LEGISLATIVE BRANCH SUBPOENAS:
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney,
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder.
2.59.035: ADMINISTRATIVE APPEALS OFFICER SUBPOENAS:
A. A city appointed administrative appeals officer may issue subpoenas in connection with
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged
and/or nonconfidential documents at such proceedings.
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the
subpoena are not helpful to decide the issues at the hearing considering the significance and
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay
or to cause an undue burden.
C. The administrative appeals officer shall consider objections by the parties and any non-
party subject to a subpoena pursuant to the applicable policies and procedures for such
administrative hearing.
D. The administrative appeals officer shall comply with the procedures for issuance of a
subpoena as set forth in the applicable policies and procedures for such administrative hearing.
2.59.040: ISSUANCE OF SUBPOENAS:
A. All executive or legislative subpoenas shall be issued by the city recorder's office. The
recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for which
the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the subpoena was
issued.
B. All executive or legislative subpoenas shall be issued with an original and a copy. The
original, together with proof of service, shall be returned to the recorder's office and a copy left
with the person upon whom it is served.
3
C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena"
and shall state whether it is before the legislative branch or the executive branch. The subpoena
shall state the title of the matter being heard and shall command each person to whom it is
directed to attend and give testimony and/or produce records or documents at a time and place
specified in the body of the subpoena.
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal
matters as provided by law.
2.59.050: RESERVED
2.59.060: SERVICE OF CITY SUBPOENAS:
Service shall be in accord with rule 4 of the Utah Rules of Civil Procedure.
2.59.070: RESERVED
2.59.080: PAYMENT OF SUBPOENA COSTS:
A. Cost of Subpoenas Issued on Behalf of the City: All costs of service and witness fees for
subpoenas issued on behalf of the city shall be paid by the department (including the mayor's
office or the city council) on whose behalf the subpoena was issued, unless or until a fund is
created to pay for these costs. These costs shall include witness fees and mileage.
B. Subpoenas Issued on Behalf of Other Parties: All costs of service and witness fees for
subpoenas issued on behalf of any person other than the city shall be paid by the person
requesting issuance of the subpoena.
C. City Documents: Any party requesting city production of city documents shall pay all the
costs of producing the documents, including, but not limited to, the search costs, employee salary
costs and cost of reproduction of the documents. Each department required to furnish the
documents shall collect its own costs.
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Section 78B-1-
119, or its successor.
2.59.090: ENFORCEMENT OF SUBPOENAS:
Any party who willfully fails to comply with the subpoena, or who, having appeared, refuses to
answer any question pertinent to the matter under inquiry, except in accord with privileges
granted by law, shall be guilty of a misdemeanor and punished in accord with the punishments
set by the state for class B misdemeanors.
4
SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows:
CHAPTER 2.75
ENFORCEMENT OF CIVIL VIOLATIONS
Article I
GENERAL PROVISIONS
2.75.010: PURPOSE AND INTENT:
2.75.020: SCOPE:
2.75.030: EXISTING LAW CONTINUED:
2.75.040: CRIMINAL PROSECUTION RIGHT:
2.75.050: DEFINITIONS:
2.75.010: PURPOSE AND INTENT:
For specified administrative citations, as more particularly defined and designated in the Salt
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford
the recipient of such citation due process of law. Due process shall require proper notice of the
nature of the violation and the opportunity to be heard.
2.75.020: SCOPE:
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are
enforced through the issuance of an administrative citation and occur within Salt Lake City limits
and such territory outside Salt Lake City limits over which the city has jurisdiction or control by
virtue of any law or constitutional provision. However, if a more specific enforcement procedure
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that
specifically-enumerated enforcement procedure shall apply.
2.75.030: EXISTING LAW CONTINUED:
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake
City Code and shall be read in harmony therewith.
2.75.040: CRIMINAL PROSECUTION RIGHT:
5
The provisions of this chapter shall not be construed to limit the city’s right to prosecute a
violation of the Salt Lake City Code as a criminal offense.
2.75.050: DEFINITIONS:
In the construction of this chapter, the following words and phrases shall be as defined as set
forth in this section:
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct
administrative enforcement hearings.
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation.
The term “administrative citation” shall be deemed to include any reference in this code to a
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of
abatement, or other notice of any adverse municipal decision for which the right to an
administrative enforcement hearing is specifically provided by ordinance.
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative
violation, including but not limited to costs incurred in preparing for and attending an
administrative enforcement hearing.
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative
appeals officer pursuant to the procedures established by this chapter.
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil
penalties and administrative costs.
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has
elected not to prosecute as a criminal citation. The term “administrative violation” shall be
deemed to include any reference in this code to a “civil violation” where such civil violation is
subject to the processes and procedures set forth in this chapter.
CITY: The city of Salt Lake City, Utah.
CITY COUNCIL: The legislative body of Salt Lake City, Utah.
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance
of an administrative citation for a violation of the Salt Lake City Code.
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative
violations through an initial determination conducted prior to an administrative enforcement
hearing.
6
INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the
hearing officer reviews the evidence provided by the responsible person to whom the
administrative citation corresponds and makes a determination as to whether such evidence
justifies upholding or dismissing the administrative citation.
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of
abatement actions taken by the city and provides an itemized statement of costs for those actions.
MAYOR: The mayor of Salt Lake City, Utah.
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement
actions taken by the city and provides an itemized statement of costs for those actions.
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association,
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or
employee of the same, or any other entity or individual recognized by law as having rights or
duties.
RESPONSIBLE PERSON: A responsible person includes:
A. A person who causes or materially contributes to the causation of an administrative
violation or is otherwise responsible for an administrative violation as set forth in the
Salt Lake City Code; or
B. A person whose agent, employee, or independent contractor causes or materially
contributes to the causation of an administrative violation; or
C. The owner or occupant of real property within the city’s jurisdiction at which a
violation of the Salt Lake City Code occurs or exists.
Article II
ENFORCEMENT AUTHORITY
2.75.060: ADOPTION OF POLICY AND PROCEDURES:
2.75.070: DESIGNATION OF HEARING OFFICERS:
2.75.080; POWERS OF HEARING OFFICERS:
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
2.75.060: ADOPTION OF POLICIES AND PROCEDURES:
The chief administrative officer, or his/her designee, shall establish policies and procedures
addressing the enforcement of civil violations if such policies and procedures are consistent with
the provisions of this chapter.
7
2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE:
A. The department responsible for issuing the administrative citation may elect to refer
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and
2.75.170. In the event such election is not made, such department shall provide a similar
informal process to evaluate any evidence provided by the recipient of an administrative citation
that a violation did not occur or that there is good cause to rescind or otherwise provide relief
from the administrative citation. The administrative enforcement hearings process set forth in
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental
initial determination.
B. The department of finance shall designate hearing officers through any process consistent
with the city’s human resources policies and procedures. A hearing officer may be a city
employee.
2.75.080: POWERS OF HEARING OFFICERS:
A. A hearing officer shall conduct informal initial determinations regarding violations of the
Salt Lake City Code as provided in this chapter.
B. The hearing officer shall have the authority to:
1. Determine whether a violation has occurred; and
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil
penalty associated with the administrative citation; or
4. Uphold the administrative citation without reducing the civil penalty associated with
the administrative citation.
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
A. The mayor, with the advice and consent of the city council, shall appoint one or more
administrative appeals officers to conduct administrative enforcement hearings.
B. An administrative appeals officer:
1. Shall not participate in any appeal in which the officer has a conflict of interest
prohibited by Chapter 2.44; and
2. Shall be either law trained or have significant experience with the requirements and
operations of administrative hearing processes.
C. An administrative appeals officer shall serve for renewable terms of three years and,
during any three-year term, shall be subject to removal by the mayor only for cause.
8
2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS:
A. Except where a more specific enforcement appeal process is provided for in the Salt
Lake City Code, and, where a responsible person or the city has properly requested an
administrative enforcement hearing, an administrative appeals officer shall hear appeals
challenging any administrative citation.
B. An administrative appeals officer shall have authority to hold an administrative
enforcement hearing for violations of the Salt Lake City Code and such other matters as
specifically designated by ordinance.
C. Standard of Review: The standard of review for an appeal shall be de novo. The
administrative appeals officer shall review the matter anew, based upon applicable
procedures and standards for approval, and shall give no deference to the decision
resulting in the administrative citation. The administrative appeals officer shall uphold
the administrative citation unless it is not supported by substantial evidence or it
violates a law, statute, or ordinance in effect when the administrative citation was
issued.
D. Burden of Proof: The appellant has the burden of proving that the administrative
citation is incorrect, or in the event the city is the appellant, that the hearing officer
erred.
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may
modify the administrative citation.
F. After issuing a decision on the appeal, an administrative appeals officer has continuing
jurisdiction over the subject matter of an administrative enforcement hearing for the
purposes of: issuing further administrative orders to obtain compliance with the
decision; authorizing the city to enter upon private property to abate a violation;
modifying an administrative order, staying an administrative order, assessing costs of
abatement, assessing a civil penalty; or, where extraordinary circumstances exist,
granting a new hearing.
G. An administrative appeals officer shall not make any order contrary to any law or that
would require or allow a person to violate state law or city ordinance.
H. An administrative appeals officer may issue administrative subpoenas pursuant to
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to
Section 2.75.060.
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
9
It shall be unlawful for any person to willfully make a false statement or refuse to give the
person’s name or address with intent to deceive or interfere with the performance of the official
duties of the person issuing the administrative citation, the hearing officer, or the administrative
appeals officer under the provisions of this chapter.
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
Whenever any act or omission is made unlawful in this chapter, it shall include causing,
permitting, aiding, or abetting such act or omission.
Article III
ADMINISTRATIVE ENFORCEMENT PROCEDURES
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
2.75.140: ADMINISTRATIVE CITATION:
2.75.150: CIVIL PENALTIES ASSESSED:
2.75.160: REQUEST FOR INITIAL DETERMINATION:
2.75.170: INITIAL DETERMINATION PROCEDURES:
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING:
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
2.75.210: APPEAL TO DISTRICT COURT:
2.75.220: SETTLEMENT AGREEMENTS:
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
Administrative citations and timely appeals thereof shall be processed using the following
procedural framework:
A. When there is a determination that a violation of the Salt Lake City Code has occurred,
any authorized city personnel may issue an administrative citation for such violation to
the responsible person;
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance. The written request for an initial determination shall include a
statement describing the grounds that support the person’s challenge to the administrative
citation and shall be accompanied by any evidence the person desires to submit to a
hearing officer. After reviewing such written request and the submitted evidence, a
hearing officer shall render a written determination regarding the challenged
10
administrative citation. The written determination shall promptly be sent to all parties to
the initial determination.
C. If the recipient of the administrative citation does not agree with the determination of the
hearing officer, then the recipient of the administrative citation shall file a written request
for an administrative enforcement hearing and pay the administrative enforcement
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10)
days of the hearing officer’s written decision. After such a request for hearing is received,
an administrative enforcement hearing will be held and an administrative appeals officer
will issue an administrative enforcement order regarding the administrative citation.
D. Within thirty (30) days of the date the administrative enforcement order is issued, both
the city and the recipient of the administrative citation shall have the right to appeal the
administrative enforcement order by filing a petition for review with the Third District
Court of Utah.
2.75.140: ADMINISTRATIVE CITATION:
A. An administrative citation may be issued to any responsible person.
B. The administrative citation shall include the following information:
1. Name of responsible person (if the name of the responsible person cannot
reasonably be ascertained, then a description of the real or personal property that
is the subject of the violation shall suffice);
2. Location of violation;
3. Date when the violation is observed;
4. A code citation and a description of each violation;
5. The amount of the civil penalty that corresponds to each violation;
6. Procedures for paying civil penalties;
7. Any instructions or other guidance specific to the facts of the violation at issue
and any corrective action available to the responsible person other than payment
of the civil penalty, if applicable; and
8. Procedures to request an initial determination and a description of the
consequences for failure to request or appear at such initial determination.
C. Notice of an administrative citation shall be issued to a responsible person in the
following manner:
1. Personally delivering the administrative citation to the responsible person; or
2. Sending the citation by first class mail, postage prepaid, to the responsible
person; or
3. Posting a copy of the administrative citation on the real or personal property
that gave rise to the administrative citation.
11
D. Service of an administrative citation is effective upon utilizing any method of issuance
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2.
2.75.150: CIVIL PENALTIES ASSESSED:
A. Any person receiving an administrative citation shall comply with the terms of the
administrative citation, including payment of any specified civil penalty then due, unless
an initial determination is requested.
B. If the Salt Lake City Code states that the civil penalty for a particular administrative
violation will be reduced if payment is received within a specified time period, then the
city’s receipt of either payment or a request for an initial determination prior to the
expiration of that specified time period will permit the recipient of the administrative
citation to receive that penalty reduction. However, after all requested determinations and
hearings have been concluded, a person may forfeit such penalty reduction by failing to
timely pay any civil penalty ordered by the hearing officer or administrative appeals
officer, as applicable.
C. The civil penalty for each violation listed on an administrative citation shall be as set
forth in the Salt Lake City Code.
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an
initial determination has been timely filed, the city may use such lawful means as are
available to collect such civil penalties.
2.75.160: REQUEST FOR INITIAL DETERMINATION:
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance.
B. Any recipient of an administrative citation may request a copy of the documents
maintained by the city supporting the administrative citation.
C. A request for an initial determination shall be submitted to the department of finance,
either electronically or by submitting a hard copy document, on a form provided by the
department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, physical address, telephone number, and email address of the person
requesting the initial determination;
12
3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented to the
hearing officer; and
4. Any evidence the person desires to submit for the initial determination.
D. Failure by a person to timely request an initial determination shall constitute a waiver of
the right to any initial determination and administrative enforcement hearing and a waiver
of the right to challenge the administrative citation. If an initial determination is not
timely requested and administrative citation is not complied with then the city may elect
to enforce the administrative citation by any lawful means.
2.75.170: INITIAL DETERMINATION PROCEDURES:
A. A request for an initial determination filed in compliance with the requirements of
Section 2.75.160 shall be processed as follows:
1. The city shall bear the burden of proof to establish the existence of a violation of the
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence.
2. The hearing officer shall review the written request for an initial determination,
including the arguments and evidence set forth therein;
3. The hearing officer shall also review any evidence related to the administrative citation
provided by the issuer thereof; and
4. The hearing officer shall issue a written determination regarding the administrative
citation within five (5) business days from the date the written request for an initial
determination is received. The hearing officer’s written decision may:
a. Dismiss the administrative citation;
b. Uphold the administrative citation and reduce the associated civil
penalty; or
c. Uphold the administrative citation without reducing the associated
civil penalty.
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty
associated therewith as follows:
1. If the person receiving the administrative citation is not the responsible party;
2. If the administrative citation does not comply with Section 2.75.140.
3. The city has failed to prove by a preponderance of the evidence that the violation
identified in the administrative citation occurred.
4. Imminent injury to persons or property would result from compliance with the
administrative citation.
5. All corrective actions outlined in the notice of violation were completed on or before
the compliance date.
6. Such mitigating circumstances expressly identified in the Salt Lake City Code
corresponding to the specific violation at issue.
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7. When conducting an initial determination involving an alleged violation for
unauthorized use of streets, a hearing officer may only dismiss an administrative citation
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set
forth in Section 12.56.570, or its successor.
8. Civil penalties shall not be reduced where a violation is sustained by the hearing
officer but the responsible person has not yet complied with the corrective action, if any,
identified in the administrative citation.
9. Or as otherwise limited by law.
C. A person adversely affected by a hearing officer’s written determination, or written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, may appeal that written determination by
filing a completed request for an administrative enforcement hearing within ten (10) days
of the date on which the written determination was issued. A request for an
administrative enforcement hearing shall be made in writing on a form provided by the
department of finance and may be filed, either electronically or by submitting a hard copy
document, with the department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, address, telephone number, and email address of the person requesting the
hearing;
3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented
to the administrative appeals officer;
4. Any evidence the person desires to submit for the administrative appeals officer’s
consideration; and
5. An administrative enforcement hearing fee as set forth in the Salt Lake City
consolidated fee schedule. However, in no case shall the administrative enforcement
hearing fee assessed be greater than the base civil penalty that corresponds to the
cumulative administrative violation(s) at issue. In the event that the city is the appellant,
no hearing fee shall be payable from either party. The hearing fee shall be due at the time
of filing the hearing request. An administrative enforcement hearing request shall not be
considered complete until the hearing fee is paid.
a. If the citation recipient prevails at the administrative enforcement
hearing, the administrative enforcement hearing fee shall be refunded to
the citation recipient. Otherwise, no refund of the hearing fee shall be
granted. A modification of the administrative citation or mere reduction in
the civil penalty shall not render the citation recipient the prevailing party.
D. Failure by a person to timely request an administrative enforcement hearing shall
constitute a waiver of the right to make any further challenge regarding the administrative
citation or result of the initial determination. If an administrative enforcement hearing is
not timely requested and the hearing officer’s written determination, or the written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city
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may elect to enforce the administrative citation, or written determination to the extent it
modified the administrative citation, by any lawful means.
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT
HEARING:
A. Upon receipt of a request for an administrative enforcement hearing the administrative
appeals officer shall schedule and hold a hearing in accordance with the standards and
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open
to the public and shall be recorded.
B. Notification of the date, time and place of the hearing shall be given a minimum of
twelve (12) calendar days in advance of the hearing.
C. Time Limitation: All administrative enforcement hearings shall be held within one
hundred eighty (180) days of the written determination by the hearing officer, or department if
applicable. Appeals not heard within this time frame will be considered moot and the associated
administrative citation withdrawn by the city.
D. If a person, without good cause, fails to appear at an administrative enforcement hearing
then the administrative appeals officer may (1) render a decision based solely upon the
arguments and evidence submitted prior to the hearing by the non-appearing party and any
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision
by default to the appearing party. The administrative appeals officer shall have discretion to
determine whether good cause for an absence exists.
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules
of evidence and discovery shall not apply. No later than five (5) business days prior to the
hearing the party that did not request the hearing shall provide the other an electronic
copy of any documents, photographs or other tangible evidence it intends to present at the
hearing and both parties shall provide a list of the witnesses that will testify at the
hearing. If an administrative citation arises from a complaint by a person who is not a city
employee, the complainant’s information shall not be disclosed or released other than the
inclusion of a complainant’s name in a witness list if the complainant will be a witness at
the hearing.
B. Each party shall have the right to be represented by an attorney at their sole cost and
expense. If an attorney will be representing a responsible person at a hearing, notice of
the attorney’s name, telephone number, and email address shall be provided at least two
(2) business days prior to the hearing. If such notice is not given, the hearing may be
continued at the city’s request, and all costs of the continuance may be assessed to the
responsible person.
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C. No new hearing shall be granted unless the administrative appeals officer determines that
extraordinary circumstances exist that justify a new hearing.
D. Hearings shall be conducted in a manner as to afford the parties due process and in
accordance with the policies and procedures adopted pursuant to Section 2.75.060.
E. The burden to prove any defense shall be upon the party raising such defense.
F. After considering all applicable evidence, testimony, and defenses presented, the
administrative appeals officer shall issue a written administrative enforcement order in
accordance with the requirements and criteria set forth in Section 2.75.200.
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs
later, the administrative appeals officer shall, within ten (10) business days, issue a written
administrative enforcement order that includes findings of fact and conclusions of law that
support the administrative appeals officer’s decision and, if applicable, the action required of the
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement
hearing the administrative appeals officer may assign the party who prevailed, if represented by
counsel, the task of preparing proposed findings of fact and conclusions of law.
B. Depending on the nature of the administrative violation at issue, an administrative
appeals officer may issue an administrative enforcement order that orders any of the
following:
1. Dismisses an administrative citation, or dismisses one or more of the administrative
violations associated with the administrative citation.
2. Requires a responsible person to cease and desist from committing or otherwise abate
the conditions causing the administrative violations identified in the administrative
citation;
3. Requires a responsible person to take any necessary corrective action to avoid
committing or to cease committing the administrative violations and establish
deadlines for the same;
3. Imposes civil penalties as set forth in this code;
4. Permits the city to enter property identified in the administrative citation and abate all
violations;
a. Whenever an order of abatement is entered the administrative appeals
officer shall also order the responsible person to pay to the city the actual
costs of the abatement and any administrative costs the city incurs in
performing the abatement.
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5. Reduces the civil penalties associated with one or more administrative violations,
except that no such reduction shall be ordered when the violation is sustained but the
responsible person has not yet complied with the corrective action affirmed or
ordered by the administrative appeals officer;
6. Establishes specific deadlines for the payment of civil penalties and administrative
costs;
7. Denies, revokes, or suspends a city license, permit or other city approval;
8. Provides for subsequent review hearings as may be necessary to ensure compliance
with an administrative enforcement order;
9. Imposes any other applicable penalties or fees in accordance with the provisions set
forth in this code.
C. In considering a request to modify civil penalties imposed in connection with an
administrative citation an administrative appeals officer may consider any or all of the
following factors:
1. Duration, frequency, and reoccurrence of a violation;
2. Seriousness of a violation;
3. History of a violation;
4. Good faith effort by a responsible person to comply with the administrative citation or,
if applicable, the administrative enforcement order;
5. Prior record of city code violations; and
6. Any other factor appropriate to a just result.
D. Promptly after an administrative enforcement order is issued it shall be sent either by
mail to the address or to the email address identified on the administrative enforcement
hearing request. An administrative enforcement order shall be deemed final on the date it
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be
extended by 7 days for order sent by mail.
E. If a responsible person fails to comply with the terms set forth in an administrative
enforcement order, the city may use all appropriate legal means to obtain compliance
thereof and recover civil penalties and administrative costs, including attorney’s fees.
2.75.210: APPEAL TO DISTRICT COURT:
A. The city or any responsible person adversely affected by a final administrative
enforcement order may file a petition for review with the Third District Court of Utah. The scope
of review shall be limited to the record before the administrative appeals officer. The court shall
presume the final administrative enforcement order is correct and shall not reweigh the evidence.
The administrative enforcement order may be overturned if it is illegal or arbitrary and
capricious. The administrative enforcement order shall be upheld if it is supported by substantial
evidence.
B. A petition for review shall be barred unless it is filed within thirty (30) days after the
administrative enforcement order is final.
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C. The recording of the administrative enforcement hearing, any available minutes, evidence
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding,
shall be provided by the city to the district court after the filing of a petition for review.
D. The filing of a petition for review in district court does not stay the final decision of the
administrative appeals officer.
2.75.220: SETTLEMENT AGREEMENTS:
At any time the recipient of an administrative citation and the city may enter into a stipulated
settlement agreement, which shall be signed by both parties. An executed settlement agreement
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver,
as to the merits of the administrative citation, of any right to an initial determination, an
administrative enforcement hearing, and an appeal to district court, to the extent not yet
conducted.
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section
2.84.100 of the Salt Lake City Code is hereby amended as follows:
2.84.100: JURISDICTION AND AUTHORITY:
The justice court shall have jurisdiction over all matters as provided by Utah Code Title 78A
Chapter 7.
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section
5.02.100 of the Salt Lake City Code is hereby amended as follows:
5.02.100: INVESTIGATION POWERS:
A. Investigation: Prior to the issuance of any business license required by this title, the city
may investigate any applicant for such license to ensure such applicant, proposed business, and
proposed place of business comply with all applicable laws, rules, and regulations. Such
investigation may include entry into the proposed business premises.
B. Documents Production: Unless the business license application is withdrawn by the
applicant, and no business operations are taking place without the required license the city may
compel the production of documents in order to conduct such investigation.
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C. Continuing Powers: In the event that a license is issued pursuant to this title, the license
holder and place of business shall be subject to ongoing inspections and investigation to
determine continued compliance with the terms and conditions of the license and all applicable
laws, rules and regulations.
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section
5.02.115 of the Salt Lake City Code is hereby amended as follows:
5.02.115: TIME LIMITATIONS:
License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city has
thirty (30) days in which to complete its review and approve or deny a license. If a review cannot
be completed within thirty (30) days, a conditional license may be issued to the applicant subject
to completion of the review, verifying the applicant meets all license requirements.
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows:
5.02.230: RESERVED
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section
5.02.250 of the Salt Lake City Code is hereby amended as follows:
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS:
A. Conditions of Denial, Suspension or Revocation: The licensee shall be responsible for the
operation of the licensed premises in conformance with the ordinances of the city. Any business
license issued by the city may be suspended or revoked, and any application for any business
license or for the renewal of any business license may be denied due to any of the following
arising out of or otherwise related to the application for, or the operation of, the business at issue:
1. The applicant or place of business does not meet the qualifications for a license;
2. Nonpayment of required fees;
3. An incomplete application;
4. Noncompliance with any requirement or condition associated with a city approval
associated with the business (i.e. conditional use permit, development agreement,
variance);
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5. A violation of or a conviction for violating any ordinance regulating or governing
the business for which said license was granted;
6. A violation of or conviction for violating any other city ordinance or law of the
state which affects the health, welfare or safety of its residents, including, but not limited
to, a public nuisance, and which violation or conviction relates to the business so licensed
or to be licensed;
7. A violation of or conviction for violating an ordinance which violation or
conviction resulted from the operation of the business so licensed;
8. Any material misrepresentation or any fraud perpetrated on the licensing authority
through application for, or operation of, said business; or
9. The applicant or licensee has refused authorized representatives of the city access
to the place of business for the purpose of an inspection or has interfered with such
representatives while in the performance of their duty in making such inspection.
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to,
other grounds for the denial, suspension or revocation of any license as provided for by
ordinance.
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution
of obscene material.
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section
5.02.260 of the Salt Lake City Code is hereby amended as follows:
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE:
Any suspension, revocation or denial of a license may be appealed pursuant to Chapter 2.75.
Suspension or revocation shall not take effect until the time period for appealing the decision has
expired or, if applicable, a decision is issued as a result of a timely appeal.
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section
5.02.270 of the Salt Lake City Code is hereby amended as follows:
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN:
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person,
corporation or firm who has had a license suspended, revoked or denied to reapply for or obtain a
license, or operate a business, which has been so suspended, revoked or denied during the time
that said license has been revoked, suspended or denied or for a period of one (1) year from the
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effective date of said suspension, revocation, or denial if no period of debarment is specified by
the order of suspension, revocation, or denial.
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290,
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are
hereby repealed in their entirety.
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS:
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the
City Council, and the Mayor or any hearing examiner shall have power and authority to call,
preside at and conduct hearings to consider the suspension, revocation, denial or approval of
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and
receive evidence, compel the attendance of witnesses, and compel the production of documents.
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER:
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its
successor section, the hearing examiner shall issue or adopt written findings of fact and
conclusions of law and an order which is based upon and supported by the evidence presented at
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance,
and shall be binding upon all parties as of the date and time of such issuance. The City and the
licensee or applicant may appeal such findings, conclusions and order to a court of competent
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such
findings, conclusions and order.
5.02.310: SUBPOENAS:
At the request of any party, subpoenas for attendance at any hearing or for production of books,
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this
Code or its successor chapter.
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows:
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONS:
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any
person:
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1. Engaged in business for solely religious, charitable, eleemosynary, or other types of
strictly nonprofit purpose who is tax exempt in such activities under the laws of the
United States and the state of Utah;
2. Engaged in a business specifically exempted from municipal taxation and fees under the
laws of the United States and the state of Utah;
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation
and located exclusively at the Utah State Fair Park during the period of the annual Utah
State Fair; or
4. Not maintaining a place of business within the city who has paid a like or similar license
tax or fee to some other taxing unit within the state, and which taxing unit exempts from
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing
business in such taxing unit.
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of
this section shall not apply to any disproportionate fees which may be applicable under
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or
charges which may be required under this code.
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter
into reciprocal agreements with the proper officials of other taxing units, as may be deemed
equitable and proper in effecting the exemption provided for in subsection A of this section.
Nothing in this section shall preclude the city from reviewing and investigating a business
license application under such a reciprocal agreement, and requiring payment of disproportionate
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the
discretion of the city council.
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows:
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED:
A. Civil Actions: In all cases where a city ordinance requires that a license be
obtained to carry on or to engage in any business, occupation or calling within the city, and the
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City
against the person failing to pay such license fee, in any court of this state having jurisdiction of
such action, to recover the fee. In any case where several or diverse amounts of license fees
remain due and unpaid by any such person, such several amounts of unpaid license fees may be
joined as separate causes of action in the same complaint in such civil actions.
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B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75.
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any
manner interfere with the enforcement of any penalty provision contained in any ordinance of the
city.
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows:
5.08.230: APPEAL PROCEDURES:
A. Civil penalties imposed pursuant to this chapter shall be subject to the procedures set
forth in Chapter 2.75.
B. It shall not be a defense to any penalty assessment that: 1) the false alarms were the result
of faulty or malfunctioning equipment; 2) the false alarms were caused by electrical surges; or 3)
the false alarms were caused by the fault of another person during noncriminal incidents.
C. The hearing officer or administrative appeals officer, as applicable, may dismiss the
penalty and release the alarm user from liability thereunder, or may reduce the penalty associated
therewith as he or she shall determine if any of the following affirmative defenses are shown:
1. The false alarm for which the penalty has been assessed did not originate at the
premises of the alarm user who has been assessed the fee;
2. The alarm for which the penalty has been assessed was, in fact, not false, but was
rather the result of an actual or attempted burglary, robbery or other emergency; or
3. The police dispatch office was notified by the permit holder or the alarm company
that the alarm was false prior to the arrival of a peace officer to the subject premises in response
to the false alarm.
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section
5.09.080 of the Salt Lake City Code is hereby amended as follows:
5.09.080: APPEALS:
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee
until the enforcement official makes a final decision. The owner shall file a written appeal to the
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enforcement official by setting forth the reasons for the appeal within fifteen (15) days after
notice is mailed.
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An
appeal must be made in writing stating the reason why the order to disconnect or deactivate
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to
disconnect is mailed to the owner. The enforcement official or his or her designee shall review
the facts and circumstances and shall determine whether the owner has shown good cause why
the order should be withdrawn. If the enforcement official affirms the order to disconnect or
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is
served upon the owner to comply with the order. The appeal of an order to disconnect or
deactivate shall suspend the effective date of the order until the appeal has been acted upon by
the enforcement official.
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows:
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter,
or whenever the city has reasonable cause to believe a violation exists in any building or upon
any premises which makes such building or premises unsafe, dangerous or hazardous, the city's
duly authorized representative may, after making reasonable efforts to obtain permission of the
owner or other person having charge or control of the premises or dwelling unit, enter a
residential property or premises to inspect it or to perform any other duties imposed by this
chapter.
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section
5.14.120 of the Salt Lake City Code is hereby amended as follows:
5.14.120: ENFORCEMENT:
A. Enforcement of all business licensing standards, except a property’s compliance
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters
5.02, 5.04, and 5.88.
B. Self-Certification Standard Enforcement: In addition to any other remedies
authorized by law or in this title, if the notified party fails to repair or secure the property in
question, the city may pursue any one (1) or more of the following additional remedies:
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1. Notice Of Deficiency: The building services division may record with the Salt
Lake County Recorder's Office a notice of any conditions that violate the self-
certification standards established by the city. The notice shall be mailed to all
notified parties.
2. Criminal Action: Violations of the provisions of self- certification standards
established by the city may be punishable as a Class B misdemeanor upon
conviction.
3. Civil Action: Violations of self-certification standards established by the city may
also be enforced by injunction, mandamus, abatement, civil penalties or any other
appropriate action in law or equity.
C. Civil penalties may be imposed according to the following procedures:
1. Notice Of Violation:
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 or commercial courier 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) occurs.
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 (5) 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 of
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violation shall identify the date on which the civil penalties shall begin to
accrue.
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the city: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
3. Daily Violations: Each day a violation continues after the citation deadline shall
give rise to a separate civil penalty.
4. Compliance: Accumulation of penalties for violations, but not the obligation for
payment of penalties 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 (6) months of the initial correction, the city will begin
enforcement of said recurring violation and penalties will begin accruing after a
ten (10) day warning period.
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.C.6.a), in
accordance with Section 18.12.050.
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section
5.14.130 of the Salt Lake City Code is hereby amended as follows:
5.14.130: REFUSAL TO PERMIT INSPECTIONS:
If a rental dwelling business license holder, or an agent of such business license holder, refuses
to permit the city to conduct an inspection authorized under this chapter, then the city has
adequate grounds to:
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at
issue;
B. Disqualify the rental dwelling at issue from participation in the city's Landlord/Tenant
Initiative pursuant to chapter 5.15 of this title;
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C. After making reasonable efforts to obtain permission of the owner or other person having
charge or control of the premises or dwelling unit, enter a rental dwelling at issue to inspect it or
to otherwise perform duties imposed by this chapter; and/or
D. Pursue any and all other remedies available to the city.
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section
5.15.070 of the Salt Lake City Code is hereby amended as follows:
5.15.070: DISQUALIFICATION:
A. License Office Duties: If the License Office disqualifies an applicant from participating
in the Landlord/Tenant Initiative Program or concludes that an owner has violated the provisions
of this chapter or the owner's rental dwelling management agreement with the city, the License
Supervisor shall:
1. Notify the rental dwelling owner of the violation and the basis for such action by
either:
a. Certified mail or commercial courier;
b. Personal service; or
c. Mailing a copy of the notice to the rental dwelling owner and posting a
copy of the same notice at the rental dwelling; and
2. Assess the rental dwelling owner for any disproportionate rental fees
corresponding to such rental dwelling that were reduced under this chapter for the currently
applicable license period.
B. Appeal: A rental dwelling owner or agent who receives a notification and
assessment as provided in subsection A of this section may appeal such action in accordance
with the procedures set forth in Chapter 2.75.
C. No Partial Reduction if Disqualified: If the owner of a rental dwelling is
disqualified from the Landlord/Tenant Initiative Program with respect to a particular rental
dwelling during any portion of the licensing period for which a reduction was provided, the
rental dwelling at issue, shall be disqualified from the program, and the disproportionate rental
fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety of the
term of such rental dwelling business license. The rental dwelling owner shall pay the full
disproportionate rental fee for such rental dwelling for that year.
D. Readmission: After disqualification, the rental dwelling at issue may qualify for
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the
rental dwelling owner has corrected the problems leading to disqualification and has paid all
amounts due in the prior year.
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SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section
5.16.100 of the Salt Lake City Code is hereby amended as follows:
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS:
An auctioneer's license may be revoked by the city license supervisor, or an application for
issuance or renewal of such license may be refused by the city license supervisor.
A. Grounds for Revocation or Denial.
1. The applicant or license holder has committed any of the violations set forth in
Section 5.02.250 of this title, or its successor; or
2. The application of the applicant or license holder contains any false, fraudulent or
misleading material statements; or
3. The applicant or license holder has made any false, fraudulent or misleading
material statement in the course of conducting an auction sale of, or in offering for sale at
auction, any real or personal property (goods, wares or merchandise) in the city; or
4. The applicant or license holder has perpetrated a fraud upon any person, whether
or not such fraud was perpetrated in the conduct of an auction in the city; or
5. The applicant or license holder has violated any of the statutes of the state relating
to auctions or auctioneers; or
6. The applicant or license holder has conducted an auction sale in the city or offered
for sale at an auction in the city, any real or personal property (goods, wares or
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the
peace or a menace to the health, safety or general welfare of the public.
B. Such determination may be appealed in accordance with Chapter 2.75.
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety.
5.16.110: RESERVED
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section
5.40.120 of the Salt Lake City Code is hereby amended as follows:
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5.40.120: LICENSE; REVOCATION CONDITIONS:
Any license granted or extended under this chapter may be revoked or suspended pursuant to the
procedures provided in Chapter 5.02 for any of the following reasons:
A. Any misrepresentation made in obtaining a license;
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed
a crime involving moral turpitude;
C. The violation of any provision of this chapter;
D. A showing of any evidence which provides reasonable grounds to believe that the
licensee has committed or aided in the preparation for or allowed his records, tools, equipment,
facilities or supplies to be used for the commission of any crime.
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040
of the Salt Lake City Code is hereby repealed.
5.51.040: RESERVED
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050
of the Salt Lake City Code is hereby repealed.
5.51.050: RESERVED
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060
of the Salt Lake City Code is hereby repealed.
5.51.060: RESERVED
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070
of the Salt Lake City Code is hereby repealed.
5.51.070: RESERVED
29
SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080
of the Salt Lake City Code is hereby repealed.
5.51.080: RESERVED
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090
of the Salt Lake City Code is hereby repealed.
5.51.090: RESERVED
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section
5.61.380 of the Salt Lake City Code is hereby amended as follows:
5.61.380: APPEAL PROCEDURES:
If the license is denied or approved with qualifications, or if a notice of suspension, revocation or
citation of a civil fine is imposed, the applicant or licensee may challenge that adverse action
pursuant to the processes set forth in Chapter 2.75.
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section
5.63.065 of the Salt Lake City Code is hereby amended as follows:
5.63.065: DRIVER'S QUALIFICATIONS:
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be
issued to any of the following persons:
1. Any person under the age of eighteen (18) years;
2. Any person who is currently required to register with the sex and kidnap offender registry
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor;
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or
dangerous drugs, a felony conviction for an offense against a person or property, unless a
period of not less than five (5) years shall have elapsed since the date of conviction or the
date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five (5)
years immediately preceding application for a license;
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5. Any person who has been convicted of driving a vehicle while under the influence of
alcohol or a controlled substance, or of being in or about a vehicle while under the
influence of alcohol or a controlled substance with the intent of driving such vehicle,
within the five (5) years immediately preceding application for a license;
6. Any person who has been convicted of two (2) or more felonies.
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section
5.63.070 of the Salt Lake City Code is hereby amended as follows:
5.63.070: APPEAL:
Any license that is suspended, revoked, or associated application rejected, the applicant/licensee
shall be entitled to appeal such determination in accordance with Chapter 2.75.
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section
5.64.750 of the Salt Lake City Code is hereby amended as follows:
5.64.750: SUSPENSION AND REVOCATION OF LICENSE:
A. In addition to any penalties that may be imposed, any license issued under this article
may be suspended or revoked for any of the following reasons:
1. Fraud, misrepresentation, or knowingly false statement contained in the application
for the license;
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on
the business of vending;
3. Conducting the business of vending in any manner contrary to the conditions of the
license;
4. Conducting the business of vending in such a manner as to create a public nuisance;
cause a breach of the peace; constitute a danger to the public health, safety, welfare,
or morals; or interfere with the rights of property owners; or
5. Cancellation of Utah Department of Agriculture authorization, or of the required
authorization of any successor agency, for a food or beverage vending unit due to
uncorrected health or sanitation violations.
B. Any suspension of revocation of a license under this article shall be subject to
Chapters 5.02 and 2.75.
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C. If the city revokes a vending license or permit, the fee already paid for the license
or permit shall be forfeited. A person whose license or permit has been revoked under this
section may not apply for a new license for a period of one year from the date that the revocation
took effect.
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760
of the Salt Lake City Code is hereby repealed.
5.64.760: RESERVED
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section
5.65.190 of the Salt Lake City Code is hereby amended as follows:
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE:
A. The Business License Administrator may revoke or suspend the business license
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if
he/she finds:
1. That such person has violated or failed to meet any of the provisions of this
chapter;
2. That there are grounds for denial, suspension or revocation as set forth in
section 5.02.250 of this title, or its successor section, or in any other city
ordinance or State or Federal law or regulation;
3. That such person has been convicted within the last seven (7) years of any crime
involving moral turpitude, narcotic or dangerous drugs, or offenses against a
person or property;
4. Any required license or permit has been suspended, revoked or canceled; or
5. The permittee does not have a currently effective insurance policy in the
minimum amount provided in this chapter; or
6. That the permittee has abandoned the use of the permit operating location for the
conducting of business. The failure of a permittee to vend from a vending cart
within the permittee's permit operating location for thirty (30) continuous
calendar days or more, except during the period of December, January, and
February, shall constitute abandonment.
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the
procedures set forth in Chapter 5.02.
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SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section
5.71.010 of the Salt Lake City Code is hereby amended as follows:
5.71.010: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground
transportation business contracted through the department of airports to provide on demand
shared ride service to and from the Salt Lake City International Airport.
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating
under contract with the department of airports to provide airport shared ride service to and from
the Salt Lake City International Airport.
APPLICANT: An individual who has submitted an application to the department to obtain a
ground transportation vehicle operator's badge pursuant to article VII of this chapter.
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any
ground transportation vehicle, which has a current, valid business license as required by the city
and which:
A. Registers the business in accordance with the requirements established by the
department, and
B. Is current with all fees or charges imposed by the department and city.
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not
including the driver.
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including
the driver.
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
BUSINESS LICENSING OFFICE: The department of finance of Salt Lake City Corporation, or
its successor.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
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COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its
successor.
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for
transportation of customers and/or baggage without making a specific separate charge to the
passenger for such transportation.
DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic
transponder used to identify vehicles and provide the department with vehicle data and billing
information.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the
department to verify that the vehicle meets the standards set by the department director,
department rules and regulations, applicable contracts, and applicable city ordinances, including,
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing,
safety, and insurance requirements.
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that
a ground transportation vehicle has passed the required department inspection. These department
inspection seals are nontransferable and no ground transportation vehicle may be operated
without such seal.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern commercial ground transportation operations within the
city.
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule
previously announced as to time of departure and arrival between definitely established and
previously announced points along definitely established and previously announced routes
regardless of whether passengers or freight are to be carried.
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation
vehicle.
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground
transportation business.
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare
is collected.
HOLDER: A person to whom a certificate of public convenience and necessity has been issued.
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HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business
under contract to or directly by a motel, hotel, or other lodging business, to provide
transportation of customers and/or baggage for the contracted establishment for which
transportation the customer is charged a separate fee or fare, and which is subject to a contract
filed with the department providing for operating the vehicle.
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business
attire or a chauffeur's uniform.
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four
(24) persons, not including the driver.
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business
named in a civil notice issued by the city.
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by
an authorized ground transportation business which is not "scheduled service" or "prearranged
service" as defined in this section.
OPERATOR: Persons engaged in the ground transportation business.
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the
services of an ambulance, and who need or desire special transportation equipment or
accommodation for physical or mental infirmities.
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation
business from points within the city to destinations within the city, or beyond, for which the
authorized ground transportation business providing such transportation has recorded the name
or description of prospective passenger and the date and time of the request for transportation at
least thirty (30) minutes prior to the transporting of the passenger by such vehicle.
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation
business on a fixed schedule posted with and approved by the department in advance of such
transportation.
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the
transportation of persons with disabilities.
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific
purpose, including, but are not limited to, special conversion vehicles and classic or collector
automobiles, but excluding special transportation vehicles.
STARTER: A person appointed by and representing a ground transportation business who is
responsible for managing the coordination of vehicles and passenger transportation for that
business.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
35
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but
which is subject for contract hire by persons desiring special trips from one point to another, as
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in
Salt Lake City by contract with the department.
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of
facilitating ground transportation services, such as, but not limited to, the Salt Lake City
Intermodal Hub.
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of
freight, luggage, or other items.
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger
seating capacity of six (6) to twelve (12), not including the driver.
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows:
5.71.300: CIVIL PENALTIES AND ENFORCEMENT:
B. The department may revoke, suspend, or deny the application for or a renewal of
an operator's badge, department automated vehicle identification tag or department inspection
seal for violations of any provision of this title, department rules and regulations, or other
applicable law. Such action may be appealed in accordance with Chapter 2.75.
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section
5.71.310 of the Salt Lake City Code is hereby amended as follows:
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
36
SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section
5.71.320 of the Salt Lake City Code is hereby repealed in its entirety:
5.71.320: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter , and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, may request an expedited appeal of the action that
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to
the department. The department shall promptly investigate the facts relating to such exclusion. If
the evidence indicates such exclusion is improper under this chapter, the Department Director
may reverse the action that resulted in such exclusion. If the Department Director does not
reverse such action, the action resulting in such exclusion shall be heard and determined by the
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground
Transportation Appeal Committee shall uphold such exclusion.
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section
5.72.005 of the Salt Lake City Code is hereby amended as follows:
5.72.005: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake
City, Utah.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00).
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to
provide taxicab services.
37
DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved
by the department for providing taxicab or other services within the corporate boundaries of Salt
Lake City, including the airport.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern ground transportation service and businesses within the
city.
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare.
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab
are indicated.
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the
taximeter through the operation of the mileage and time mechanism.
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that
is not already engaged in transport of passengers to respond to the person's location for hiring
and transport of persons or property.
HIRED: The button on the face of a taximeter, which when activated places the taximeter in
operation, signifying the start of a billing process for the person(s) engaging the use of the
taxicab.
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for
the transportation of passengers for hire.
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated
association.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the
driver, used in the on demand, for hire transportation of passengers or baggage over the public
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for
contract hire by persons desiring special trips from one point to another and authorized to operate
in Salt Lake City by contract with the department.
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures
mileage by the distance driven and the waiting time upon which the fare is based, and which
38
automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a
taxicab.
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a
passenger to the time of discharge of passenger(s).
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows:
B. The department may revoke, suspend, or deny renewal of an operator's badge,
department automated vehicle identification tag or department inspection seal for violations of
any provision of this title, department rules and regulations, or other applicable law. Such action
may be appealed in accordance with Chapter 2.75.
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section
5.72.890 of the Salt Lake City Code is hereby amended as follows:
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section
5.72.900 of the Salt Lake City Code is hereby repealed as follows:
5.72.900: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter, and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, such party may request an expedited appeal of the
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so
excluded to the department. The department shall promptly investigate the facts relating to such
exclusion. If the evidence indicates such exclusion is improper under this chapter, the
Department Director may reverse the action that resulted in such exclusion. If the Department
Director does not reverse such action, the action resulting in such exclusion shall be heard and
determined by the Ground Transportation Appeal Committee in accordance with the provisions
39
of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this
chapter the Ground Transportation Appeal Committee shall uphold such exclusion.
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section
5.74.170 of the Salt Lake City Code is hereby amended as follows:
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS:
A. The licensee shall be responsible for the operation of the licensed premises in
conformance with this code. The city may revoke or suspend the license or licenses covering the
businesses conducted on such premises, regardless of the ownership thereof, for the following
violations:
1. A violation or conviction of Utah Code section 76-9-301.8, 76-9-702, or 76-10-1206;
2. A violation of any provision set forth in this chapter;
3. A violation or conviction of any ordinance referred to in
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of
section 5.28.060 of this title or section 11.16.100 of this code, or their successors;
4. Violations or convictions of any material misrepresentation, or for any fraud
perpetrated on the licensing authority through application or operation of such
business;
5. A violation of any law of the state, or ordinance of the city which affects the health,
welfare and safety of its residents, and which violation occurred as a part of the main
business activity licensed under this chapter and not incidental thereto;
6. A violation or conviction of showing motion pictures for which the establishment is
not properly licensed as required by this chapter.
B. The foregoing provisions of this section, or its successor, notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing
obscene material.
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section
5.74.180 of the Salt Lake City Code is hereby amended as follows:
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES:
40
Any suspension or revocation of a license pursuant to this chapter shall be conducted as provided
in Chapter 5.02 of this title or its successor. Any decision to revoke or suspend a license shall be
stayed until the time period for appealing the decision has expired or a decision on any appeal is
issued pursuant to the provisions of Chapter 2.75.
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section
5.88.030 of the Salt Lake City Code is hereby amended as follows:
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION:
A. Notices of violation shall be adjudicated as civil violations in accordance with the
procedures set forth in Chapter 2.75.
B. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision is set forth therein, then the more specific enforcement provisions and
processes set forth in the chapter that corresponds to the violation shall supersede the provisions
of this section.
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section
5.88.040 of the Salt Lake City Code is hereby amended as follows:
5.88.040: PENALTIES FOR CIVIL VIOLATIONS:
A. The following penalties shall be imposed where a notice of violation is issued for
a violation of the city ordinances set forth in this title:
1. Where a notice of violation has been issued for a first violation of a city
ordinance, such notice of violation shall constitute a written warning.
2. Where a notice of violation has been issued for a second violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of two
hundred fifty dollars ($250.00).
3. Where a notice of violation has been issued for a third violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00).
4. Where a notice of violation has been issued for a fourth or subsequent violation of
a city ordinance, the recipient of such notice of violation shall:
a. Pay a civil penalty of five hundred dollars ($500.00); and
41
b. Shall be placed on probation for a period of one (1) year from the date on
which the notice of violation was issued.
5. If, during the period of probation specified in subsection A4b of this section, a
notice of violation is issued for a violation of the same ordinance that resulted in
such probation, then:
a. The recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00);
b. The business license of the recipient of such notice of violation shall be
revoked; and
c. The recipient of such notice of violation may not reapply for a new business
license for at least six (6) months from the date of revocation.
B. Any reference to second, third, fourth, and subsequent violations refers to repeat
violations of the same city ordinance that occur within a twenty four (24) month period. Unless a
specified citation interval is provided by ordinance related to the specific violation or license at
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days.
C. The city may not revoke a business license pursuant to subsection A5b of this
section without satisfying the due process requirements set forth in Section 5.02.250.
D. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision or penalty is set forth therein, then the more specific enforcement
provisions, processes, and penalties set forth in the chapter that corresponds to the violation shall
supersede the provisions of this section.
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section
8.04.020 of the Salt Lake City Code is hereby amended as follows:
8.04.020: ANIMAL SERVICES:
Animal services may be provided through a legally executed agreement, which includes the
authority and power to enforce this title. Alternatively, the city may elect to provide its own
animal services without entering into a contract with an outside provider. In the event that animal
control services are provided by another political subdivision, the duly enacted ordinances and
regulations of that political subdivision shall apply and supersede the requirements of this Title.
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section
8.15.025 of the Salt Lake City Code is hereby amended as follows:
42
8.15.025: NOTICES OF VIOLATION:
A. Notices of violations shall be adjudicated as civil violations in the small claims court in
accordance with the procedures set forth in Chapter 2.75.
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as
follows:
B. Any violation of this chapter shall constitute a civil violation and shall be handled as
provided by Chapter 2.75. Civil penalties shall be imposed as follows:
Section Of This Chapte Penalt
9.08.030G $50.00 per violatio
9.08.090 and 9.08.095 $25.00 for the first citation
$50.00 for the second citation within 6
months of the first citation
$100.00 for the third citation within 6 months
of the first citatio
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
11.14.050: ADMINISTRATIVE APPEALS:
Service fees and costs imposed pursuant to this chapter shall be adjudicated as civil violations in
accordance with Chapter 2.75.
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.24.016: RESERVED
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
43
12.24.018: RESERVED
SECTION 52. Amending the text of Salt Lake City Code Section 12.56.570. That Section
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES:
A. Any person having received a citation as to unauthorized use of streets, or the owner of
any vehicle employed in such use, may appeal such notice pursuant to the procedures set forth in
Chapter 2.75.
B. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may dismiss the notice of unauthorized use and release the owner or driver from liability
thereunder. Such defenses are:
1. At the time of the receipt of the notice, possession of the subject vehicle had been
acquired by a third party in violation of the criminal laws of the State;
2. If the notice of unauthorized use of streets alleges a violation of any ordinance
pertaining to a parking meter, such meter was mechanically malfunctioning to the
extent that its reliability is questionable;
3. Compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property;
4. Citations for overtime parking in metered or time restricted zones received by a city
employee or guest while on official Salt Lake City business will be dismissed upon
written request from the applicable department director or designee on official
letterhead or by electronic mail. The request must be made within ten (10) days of
receipt of the citation and must include a brief description of the reason for the
request, and be submitted to the Salt Lake City Corporation director of revenue
operations. Parking violations other than overtime parking and meter violations will
not be dismissed in this manner;
5. Unlimited time parking by exempt vehicles will be allowed at city meters and time
restricted locations. In order to qualify, the exempt vehicle must either be a marked
official vehicle pursuant to Section 12.56.590, or it must be included in the city’s
exempt database. Requests for dismissals of other parking violations may be
considered and should be submitted to the Salt Lake City Corporation director of
revenue operations;
6. If the owner of the vehicle is deceased but was living when the ticket was issued;
7. If the vehicle was sold by a third party and the citation was issued prior to the sale,
provided the sale is reported to the DMV and the bill of sale is submitted within
twenty (20) days of receipt of the parking citation.
44
C. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may reduce the penalty associated therewith, but in no event shall such penalty be reduced
below the sum of ten dollars ($10.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been
acquired by another party pursuant to a written lease agreement or similar written
agreement;
2. The subject vehicle was mechanically incapable of being moved from such location;
provided, however, such defense shall not apply to any vehicle which remains at such
location in excess of six (6) hours;
3. Any markings, signs or other indicia of parking use regulation were not clearly visible
or comprehensible;
4. At the time of the notice of violation a responsible person receiving such notice of
violation had, but failed to properly display, a special disability group license plate or
placard that was valid and relevant to the violation for which the citation was issued;
5. At the time a citation issued for failure to display a residential parking permit a valid
residential parking permit existed, but such permit was not properly displayed;
6. Such other mitigating circumstances as have been approved by the parking civil
manager.
D. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days
from the receipt of the citation, the city may use such lawful means as are available to collect
such penalty, including costs. Such collection efforts shall be stayed while an appeal is pending
before a hearing officer or administrative appeals officer pursuant to Chapter 2.75.
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL
PENALTIES:
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who
fails to comply with Section 14.20.070 of this chapter commits a civil violation. Such violation
shall be handled in accordance with the procedures set forth in Chapter 2.75, or its successor.
B. The civil penalty for violation of this section shall be as set forth below:
1. For any property with street front footage of two hundred feet (200') or less:
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within twenty four (24) hours;
45
b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within forty eight (48) hours; and
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
2. For any property with street front footage of more than two hundred feet (200'):
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within twenty four (24) hours;
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet
is not removed from sidewalks within forty eight (48) hours; and
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER:
Any suspension or revocation or stop order by the city engineer may be appealed in accordance
with the procedures set forth in Chapter 2.75.
SECTION 55. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 56. Effective Date. That this ordinance shall become effective on the date of
publication.
Passed by the City Council of Salt Lake City, Utah, this _______ day of
________________, 2025.
______________________________
CHAIRPERSON
46
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2025.
Published: ____________________.
Ordinance Establishing Uniform Administrative Hearing Process_v8
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
July 23, 2025
GENERAL FUNDS MISCELLANEOUS FEES
For questions regarding General Funds Miscellaneous Fees contact: TBD
Service Fee Additional Information Section
Collection Fee $64 3.16.050
Administrative Enforcement Hearing Fee $81 2.75.170
Legal Fee $248 2.75.040
Credit Card Use Surcharge 2.4%
This fee will be added at the register to all qualifying credit card
transactions described in Section 3.16.060 of the Salt Lake City Code.
**Max Galaxy, Sportsman software and Library Parking Garage does
not assess the credit card charge**
3.16.060
Pedestrian Crosswalk Flags
Plain Orange Non-Reflective Crosswalk Flag $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. No fees assessed for flags sponsored in school zones.12.76.100
Orange Reflective Crosswalk Flag $2.10
Sponsor chooses which type of flag to use and is responsible for
keeping the flags in stock. No fees assessed for flags sponsored in
school zones.
12.76.100
Return Check or EFT Transfer $20 2.61.030
Loan Application Fee $120 Each 03.16.005
Amended 06/10/2025 by Ord. 2025 - 34 Page 1
Exhibit A
or fine amount, whichever is less
This page has intentionally been left blank
1
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2025 2
3
(Providing a general administrative hearing process for violations of the Salt Lake City Code) 4
5
An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to 6
establish a uniform administrative hearing process for civil violations of city code. 7
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of 8
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the 9
resolution of administrative citations; and 10
WHEREAS, the city has a significant interest in the timely and effective resolution of 11
appeals of administrative citations in a manner that provides due process of law; and 12
WHEREAS, after a public hearing on this matter the Salt Lake City Council has 13
determined that adopting this ordinance is in the city’s best interests. 14
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, 15
as follows: 16
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59 17
of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 18
19
2.59.010: PURPOSE: 20
21
It is the purpose of this chapter to provide for the issuance of city subpoenas for any reason to the 22
full extent authorized by state law, including, but not limited to, Utah Code Ssection 10-3-610, 23
Utah Code Annotated. 24
25
2.59.020: EXECUTIVE BRANCH SUBPOENAS: 26
27
The executive branch may authorize subpoenas to compel the attendance of witnesses located 28
within the state to give testimony or to produce records and documents or other items. 29
30
2
LEGISLATIVE DRAFT
A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a 31
department head. 32
33
B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney, 34
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an 35
appropriate exercise of administrative power prior to the recorder issuing the subpoena. 36
37
2.59.030: LEGISLATIVE BRANCH SUBPOENAS: 38
39
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas 40
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote 41
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney, 42
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder. 43
44
2.59.035: ADMINISTRATIVE APPEALS OFFICERLAW JUDGE SUBPOENAS: 45
46
A. A city appointed administrative appeals officer may issue subpoenas in connection with 47
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters 48
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged 49
and/or nonconfidential documents at such proceedings. 50
51
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or 52
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the 53
subpoena are not helpful to decide the issues at the hearing considering the significance and 54
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or 55
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay 56
or to cause an undue burden. 57
58
C. The administrative appeals officer shall consider objections by the parties and any non-59
party subject to a subpoena pursuant to the applicable policies and procedures for such 60
administrative hearing. 61
62
D. The administrative appeals officer shall comply with the procedures for issuance of a 63
subpoena as set forth in the applicable policies and procedures for such administrative hearing. 64
65
2.59.040: ISSUANCE OF SUBPOENAS: 66
67
A. All cityexecutive or legislative subpoenas shall be issued by the city recorder's office. 68
The recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for 69
which the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the 70
subpoena was issued. 71
72
B. All executive or legislative subpoenas shall be issued with an original and a copy. The 73
original, together with proof of service, shall be returned to the recorder's office and a copy left 74
with the person upon whom it is served. 75
76
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LEGISLATIVE DRAFT
C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena" 77
and shall state whether it is before the legislative branch or the executive branch. The subpoena 78
shall state the title of the matter being heard and shall command each person to whom it is 79
directed to attend and give testimony and/or produce records or documents at a time and place 80
specified in the body of the subpoena. 81
82
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal 83
matters as provided by law. 84
85
2.59.050: PRODUCTION OF RECORDS OR DOCUMENTS: RESERVED 86
87
Any party may subpoena public records or documents from the city. No party, including the city, 88
may require documents to be produced which are confidential in accordance with state law, or 89
city policy or procedure, or which are private papers of the government. Police internal affairs 90
files are confidential and private files and may not be produced. Ongoing criminal investigations 91
are also confidential and private files and may not be produced. 92
93
2.59.060: SERVICE OF CITY SUBPOENAS: 94
95
A. Service of city subpoenas may be made by any city employee or by any person who 96
meets the requirements of rule 4 of the Utah rules of civil procedure. 97
98
B. Service shall be in accord with rule 4 of the Utah rRules of cCivil pProcedure. 99
100
2.59.070: SUBPOENAS BY OTHER PARTIES:RESERVED 101
102
Any person who is subject to an administrative hearing before the city may, upon the payment of 103
the costs of the recorder for issuing subpoenas, have the city recorder's office issue subpoenas to 104
compel the attendance of persons or the production of nonprivileged and/or nonconfidential 105
documents at the hearing. The person shall make his/her own arrangements for service of the 106
subpoena. 107
108
2.59.080: PAYMENT OF SUBPOENA COSTS: 109
110
A. Cost Oof Subpoenas Issued Oon Behalf Oof Tthe City: All costs of service and witness 111
fees for subpoenas issued on behalf of the city shall be paid by the department (including the 112
mayor's office or the city council) on whose behalf the subpoena was issued, unless or until a 113
fund is created to pay for these costs. These costs shall include witness fees and mileage. 114
115
B. Subpoenas Issued Oon Behalf Oof Other Parties: All costs of service and witness fees for 116
subpoenas issued on behalf of any person other than the city shall be paid by the person 117
requesting issuance of the subpoena. 118
119
C. City Documents: Any party requesting city production of city documents shall pay all the 120
costs of producing the documents, including, but not limited to, the search costs, employee salary 121
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LEGISLATIVE DRAFT
costs and cost of reproduction of the documents. Each department required to furnish the 122
documents shall collect its own costs. 123
124
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Ssection 78B-1-125
11921-5-4, Utah Code Annotated, as amended from time to time or its successor statutes. 126
127
2.59.090: ENFORCEMENT OF SUBPOENAS: 128
129
A. Any party who willfully fails to comply with the subpoena, or who, having appeared, 130
refuses to answer any question pertinent to the matter under inquiry, except in accord with 131
privileges granted by law, shall be guilty of a misdemeanor and punished in accord with the 132
punishments set by the state for class B misdemeanors. 133
134
B. In addition to criminal penalties, the subpoenaing party may also have the right of access 135
to the court for judicial enforcement of administrative subpoenas. 136
137
SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter 138
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows: 139
CHAPTER 2.75 140
ENFORCEMENT OF CIVIL VIOLATIONS 141
2.75.010: Definitions: 142
2.75.020: Hearing Officer: 143
2.75.030: Civil Violations: 144
2.75.040: Attorney Fees: 145
146
2.75.010: DEFINITIONS: 147
Whenever the following terms are used in this chapter, they shall have the meanings set forth 148
herein: 149
150
ASSESSMENTS: Means and includes, but is not limited to, late charges, administrative fees, 151
attorney fees, court costs, and traffic school fees. 152
153
CIVIL CITATION (Also Known As CIVIL NOTICE OF VIOLATION OR CIVIL NOTICE): A 154
notice that a civil violation of this code has occurred, issued by an officer or other person 155
authorized to issue such notice consistent with Utah Code Annotated section 10-3-703 or other 156
applicable laws or state statutes or their successors. 157
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LEGISLATIVE DRAFT
158
CIVIL PENALTY: The fine, forfeitures, assessments or combination thereof imposed by the Salt 159
Lake City justice court. 160
161
CIVIL VIOLATION: A noncriminal violation of Salt Lake City ordinances designated as civil 162
violations. 163
164
HEARING OFFICER: An individual designated as a hearing officer, violation coordinator or 165
referee, or such other person who has authority to make decisions regarding civil or criminal 166
citations that have been issued by an enforcement officer, before the matter is referred to a 167
justice court judge. ( 168
2.75.020: HEARING OFFICER: 169
A. Duties: Consistent with the policies and procedures promulgated by the justice court, the 170
hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and 171
assessments owed; reduce civil penalties owed; dismiss citations upon payment of fees; enter 172
into agreements for the timely or periodic payment of penalties, surcharges and assessments; 173
and perform such other duties as deemed necessary or desirable by the justice court to carry 174
out the purposes of this chapter in accordance with justice and equity. 175
B. Accountability: The hearing officer shall serve as staff for the justice court but shall be 176
supervised as an employee, under the direction of the city justice court director or his/her 177
designee. 178
2.75.030: CIVIL VIOLATIONS: 179
180
A. When an enforcement officer determines that a civil violation of this code has occurred, the 181
officer shall issue a civil citation, the matter shall be handled by the justice court, and the 182
penalty for such civil violation shall be as provided in section 1.12.050 of this code, or its 183
successor. 184
B. Any person having received a civil citation shall, within twenty (20) days, either pay the 185
civil penalty as contained in the default penalty schedule or file a written request for a 186
hearing before the justice court. 187
C. Any person receiving a civil citation who requests a hearing shall discuss the matter with a 188
hearing officer for informal resolution prior to the hearing before the justice court. 189
D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. 190
E. If the civil penalties payable to the city remain unsatisfied and no written request for a 191
hearing has been filed after twenty (20) days from the issuance of the civil citation, the city 192
6
LEGISLATIVE DRAFT
may use such lawful means as are available to collect such penalties, including late charges, 193
administrative and court costs and attorney fees. Any additional penalties are stayed upon 194
filing the request for hearing, until judgment is rendered in the matter. 195
2.75.040: ATTORNEY FEES: 196
A. If an attorney for the city assists the collections division of the city's finance department in 197
an enforcement or collection action involving a citation for a civil violation of this code, then 198
an attorney fee in the amount set forth in the Salt Lake city consolidated fee schedule shall be 199
assessed against the individual or entity that received the citation. This attorney fee shall be 200
assessed in addition to any other fees that may lawfully be assessed in such circumstances. 201
B. The attorney fee set forth in subsection A of this section shall not be imposed where the 202
imposition of the attorney fee: 203
1. Conflicts with federal, state or local law; or 204
2. Conflicts with a binding contract between the city and the entity or individual required 205
to make payments to the city. 206
207
Article I 208
GENERAL PROVISIONS 209
210
2.75.010: PURPOSE AND INTENT: 211
2.75.020: SCOPE: 212
2.75.030: EXISTING LAW CONTINUED: 213
2.75.040: CRIMINAL PROSECUTION RIGHT: 214
2.75.050: DEFINITIONS: 215
216
2.75.010: PURPOSE AND INTENT: 217
218
For specified administrative citations, as more particularly defined and designated in the Salt 219
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford 220
the recipient of such citation due process of law. Due process shall require proper notice of the 221
nature of the violation and the opportunity to be heard. 222
223
224
2.75.020: SCOPE: 225
226
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are 227
enforced through the issuance of an administrative citation and occur within Salt Lake City limits 228
7
LEGISLATIVE DRAFT
and such territory outside Salt Lake City limits over which the city has jurisdiction or control by 229
virtue of any law or constitutional provision. However, if a more specific enforcement procedure 230
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that 231
specifically-enumerated enforcement procedure shall apply. 232
233
234
2.75.030: EXISTING LAW CONTINUED: 235
236
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake 237
City Code and shall be read in harmony therewith. 238
239
240
2.75.040: CRIMINAL PROSECUTION RIGHT: 241
242
The provisions of this chapter shall not be construed to limit the city’s right to prosecute a 243
violation of the Salt Lake City Code as a criminal offense. 244
245
246
2.75.050: DEFINITIONS: 247
248
In the construction of this chapter, the following words and phrases shall be as defined as set 249
forth in this section: 250
251
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct 252
administrative enforcement hearings. 253
254
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation. 255
The term “administrative citation” shall be deemed to include any reference in this code to a 256
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of 257
abatement, or other notice of any adverse municipal decision for which the right to an 258
administrative enforcement hearing is specifically provided by ordinance. 259
260
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative 261
violation, including but not limited to costs incurred in preparing for and attending an 262
administrative enforcement hearing. 263
264
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative 265
appeals officer pursuant to the procedures established by this chapter. 266
267
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals 268
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil 269
penalties and administrative costs. 270
271
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has 272
elected not to prosecute as a criminal citation. The term “administrative violation” shall be 273
8
LEGISLATIVE DRAFT
deemed to include any reference in this code to a “civil violation” where such civil violation is 274
subject to the processes and procedures set forth in this chapter. 275
276
CITY: The city of Salt Lake City, Utah. 277
278
CITY COUNCIL: The legislative body of Salt Lake City, Utah. 279
280
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance 281
of an administrative citation for a violation of the Salt Lake City Code. 282
283
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative 284
violations through an initial determination conducted prior to an administrative enforcement 285
hearing. 286
287
INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the 288
hearing officer reviews the evidence provided by the responsible person to whom the 289
administrative citation corresponds and makes a determination as to whether such evidence 290
justifies upholding or dismissing the administrative citation. 291
292
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of 293
abatement actions taken by the city and provides an itemized statement of costs for those actions. 294
295
MAYOR: The mayor of Salt Lake City, Utah. 296
297
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement 298
actions taken by the city and provides an itemized statement of costs for those actions. 299
300
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association, 301
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or 302
employee of the same, or any other entity or individual recognized by law as having rights or 303
duties. 304
305
RESPONSIBLE PERSON: A responsible person includes: 306
307
A. A person who causes or materially contributes to the causation of an administrative 308
violation or is otherwise responsible for an administrative violation as set forth in the 309
Salt Lake City Code; or 310
B. A person whose agent, employee, or independent contractor causes or materially 311
contributes to the causation of an administrative violation; or 312
C. The owner or occupant of real property within the city’s jurisdiction at which a 313
violation of the Salt Lake City Code occurs or exists. 314
315
316
Article II 317
ENFORCEMENT AUTHORITY 318
319
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LEGISLATIVE DRAFT
2.75.060: ADOPTION OF POLICY AND PROCEDURES: 320
2.75.070: DESIGNATION OF HEARING OFFICERS: 321
2.75.080; POWERS OF HEARING OFFICERS: 322
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 323
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS: 324
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 325
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 326
327
328
2.75.060: ADOPTION OF POLICIES AND PROCEDURES: 329
330
The chief administrative officer, or his/her designee, shall establish policies and procedures 331
addressing the enforcement of civil violations if such policies and procedures are consistent with 332
the provisions of this chapter. 333
334
335
2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE: 336
337
A. The department responsible for issuing the administrative citation may elect to refer 338
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and 339
2.75.170. In the event such election is not made, such department shall provide a similar 340
informal process to evaluate any evidence provided by the recipient of an administrative citation 341
that a violation did not occur or that there is good cause to rescind or otherwise provide relief 342
from the administrative citation. The administrative enforcement hearings process set forth in 343
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental 344
initial determination. 345
346
B. The department of finance shall designate hearing officers through any process consistent 347
with the city’s human resources policies and procedures. A hearing officer may be a city 348
employee. 349
350
351
2.75.080: POWERS OF HEARING OFFICERS: 352
353
A. A hearing officer shall conduct informal initial determinations regarding violations of the 354
Salt Lake City Code as provided in this chapter. 355
356
B. The hearing officer shall have the authority to: 357
358
1. Determine whether a violation has occurred; and 359
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or 360
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil 361
penalty associated with the administrative citation; or 362
4. Uphold the administrative citation without reducing the civil penalty associated with 363
the administrative citation. 364
365
10
LEGISLATIVE DRAFT
366
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 367
368
A. The mayor, with the advice and consent of the city council, shall appoint one or more 369
administrative appeals officers to conduct administrative enforcement hearings. 370
371
B. An administrative appeals officer: 372
1. Shall not participate in any appeal in which the officer has a conflict of interest 373
prohibited by Chapter 2.44; and 374
2. Shall be either law trained or have significant experience with the requirements and 375
operations of administrative hearing processes. 376
377
C. An administrative appeals officer shall serve for renewable terms of three years and, 378
during any three-year term, shall be subject to removal by the mayor only for cause. 379
380
381
2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS: 382
383
A. Except where a more specific enforcement appeal process is provided for in the Salt 384
Lake City Code, and, where a responsible person or the city has properly requested an 385
administrative enforcement hearing, an administrative appeals officer shall hear appeals 386
challenging any administrative citation. 387
388
B. An administrative appeals officer shall have authority to hold an administrative 389
enforcement hearing for violations of the Salt Lake City Code and such other matters as 390
specifically designated by ordinance. 391
392
C. Standard of Review: The standard of review for an appeal shall be de novo. The 393
administrative appeals officer shall review the matter anew, based upon applicable 394
procedures and standards for approval, and shall give no deference to the decision 395
resulting in the administrative citation. The administrative appeals officer shall uphold 396
the administrative citation unless it is not supported by substantial evidence or it 397
violates a law, statute, or ordinance in effect when the administrative citation was 398
issued. 399
400
D. Burden of Proof: The appellant has the burden of proving that the administrative 401
citation is incorrect, or in the event the city is the appellant, that the hearing officer 402
erred. 403
404
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may 405
modify the administrative citation. 406
407
F. After issuing a decision on the appeal, an administrative appeals officer has continuing 408
jurisdiction over the subject matter of an administrative enforcement hearing for the 409
purposes of: issuing further administrative orders to obtain compliance with the 410
decision, authorizing the city to enter upon private property to abate a violation, 411
11
LEGISLATIVE DRAFT
modifying an administrative order, staying an administrative order, assessing costs of 412
abatement, assessing a civil penalty, or, where extraordinary circumstances exist, 413
granting a new hearing. 414
415
G. An administrative appeals officer shall not make any order contrary to any law or that 416
would require or allow a person to violate state law or city ordinance. 417
418
H. An administrative appeals officer may issue administrative subpoenas pursuant to 419
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to 420
Section 2.75.060. 421
422
423
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 424
425
It shall be unlawful for any person to willfully make a false statement or refuse to give the 426
person’s name or address with intent to deceive or interfere with the performance of the official 427
duties of the person issuing the administrative citation, the hearing officer, or the administrative 428
appeals officer under the provisions of this chapter. 429
430
431
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 432
433
Whenever any act or omission is made unlawful in this chapter, it shall include causing, 434
permitting, aiding, or abetting such act or omission. 435
436
437
Article III 438
ADMINISTRATIVE ENFORCEMENT PROCEDURES 439
440
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 441
2.75.140: ADMINISTRATIVE CITATION: 442
2.75.150: CIVIL PENALTIES ASSESSED: 443
2.75.160: REQUEST FOR INITIAL DETERMINATION: 444
2.75.170: INITIAL DETERMINATION PROCEDURES: 445
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING: 446
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 447
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 448
2.75.210: APPEAL TO DISTRICT COURT: 449
2.75.220: SETTLEMENT AGREEMENTS: 450
451
452
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 453
454
Administrative citations and timely appeals thereof shall be processed using the following 455
procedural framework: 456
457
12
LEGISLATIVE DRAFT
A. When there is a determination that a violation of the Salt Lake City Code has occurred, 458
any authorized city personnel may issue an administrative citation for such violation to 459
the responsible person; 460
461
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or 462
such longer period if stated on the administrative citation, either (1) comply with the 463
terms of the administrative citation, including payment of any specified civil penalty then 464
due, or (2) file a written request for an initial determination on a form provided by the 465
department of finance. The written request for an initial determination shall include a 466
statement describing the grounds that support the person’s challenge to the administrative 467
citation and shall be accompanied by any evidence the person desires to submit to a 468
hearing officer. After reviewing such written request and the submitted evidence, a 469
hearing officer shall render a written determination regarding the challenged 470
administrative citation. The written determination shall promptly be sent to all parties to 471
the initial determination. 472
473
C. If the recipient of the administrative citation does not agree with the determination of the 474
hearing officer, then the recipient of the administrative citation shall file a written request 475
for an administrative enforcement hearing and pay the administrative enforcement 476
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10) 477
days of the hearing officer’s written decision. After such a request for hearing is received, 478
an administrative enforcement hearing will be held and an administrative appeals officer 479
will issue an administrative enforcement order regarding the administrative citation. 480
481
D. Within thirty (30) days of the date the administrative enforcement order is issued, both 482
the city and the recipient of the administrative citation shall have the right to appeal the 483
administrative enforcement order by filing a petition for review with the Third District 484
Court of Utah. 485
486
487
2.75.140: ADMINISTRATIVE CITATION: 488
489
A. An administrative citation may be issued to any responsible person. 490
491
B. The administrative citation shall include the following information: 492
1. Name of responsible person (if the name of the responsible person cannot 493
reasonably be ascertained, then a description of the real or personal property that 494
is the subject of the violation shall suffice); 495
2. Location of violation; 496
3. Date when the violation is observed; 497
4. A code citation and a description of each violation; 498
5. The amount of the civil penalty that corresponds to each violation; 499
6. Procedures for paying civil penalties; 500
7. Any instructions or other guidance specific to the facts of the violation at issue 501
and any corrective action available to the responsible person other than payment 502
of the civil penalty, if applicable; and 503
13
LEGISLATIVE DRAFT
8. Procedures to request an initial determination and a description of the 504
consequences for failure to request or appear at such initial determination. 505
506
C. Notice of an administrative citation shall be issued to a responsible person in the 507
following manner: 508
509
1. Personally delivering the administrative citation to the responsible person; or 510
2. Sending the citation by first class mail, postage prepaid, to the responsible 511
person; or 512
3. Posting a copy of the administrative citation on the real or personal property 513
that gave rise to the administrative citation. 514
515
D. Service of an administrative citation is effective upon utilizing any method of issuance 516
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A 517
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2. 518
519
520
2.75.150: CIVIL PENALTIES ASSESSED: 521
522
A. Any person receiving an administrative citation shall comply with the terms of the 523
administrative citation, including payment of any specified civil penalty then due, unless 524
an initial determination is requested. 525
526
B. If the Salt Lake City Code states that the civil penalty for a particular administrative 527
violation will be reduced if payment is received within a specified time period, then the 528
city’s receipt of either payment or a request for an initial determination prior to the 529
expiration of that specified time period will permit the recipient of the administrative 530
citation to receive that penalty reduction. However, after all requested determinations and 531
hearings have been concluded, a person may forfeit such penalty reduction by failing to 532
timely pay any civil penalty ordered by the hearing officer or administrative appeals 533
officer, as applicable. 534
535
C. The civil penalty for each violation listed on an administrative citation shall be as set 536
forth in the Salt Lake City Code. 537
538
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an 539
initial determination has been timely filed, the city may use such lawful means as are 540
available to collect such civil penalties. 541
542
543
2.75.160: REQUEST FOR INITIAL DETERMINATION: 544
545
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or 546
such longer period if stated on the administrative citation, either (1) comply with the 547
terms of the administrative citation, including payment of any specified civil penalty then 548
14
LEGISLATIVE DRAFT
due, or (2) file a written request for an initial determination on a form provided by the 549
department of finance. 550
551
B. Any recipient of an administrative citation may request a copy of the documents 552
maintained by the city supporting the administrative citation. 553
554
C. A request for an initial determination shall be submitted to the department of finance, 555
either electronically or by submitting a hard copy document, on a form provided by the 556
department of finance. The request shall include: 557
558
1. The administrative citation number or case file number, as applicable; 559
2. The name, physical address, telephone number, and email address of the person 560
requesting the initial determination; 561
3. A statement describing the grounds that support the person’s challenge to the 562
administrative citation, which shall set forth every theory of relief that will be presented to the 563
hearing officer; and 564
4. Any evidence the person desires to submit for the initial determination. 565
566
D. Failure by a person to timely request an initial determination shall constitute a waiver of 567
the right to any initial determination and administrative enforcement hearing and a waiver 568
of the right to challenge the administrative citation. If an initial determination is not 569
timely requested and administrative citation is not complied with then the city may elect 570
to enforce the administrative citation by any lawful means. 571
572
573
2.75.170: INITIAL DETERMINATION PROCEDURES: 574
575
A. A request for an initial determination filed in compliance with the requirements of 576
Section 2.75.160 shall be processed as follows: 577
578
1. The city shall bear the burden of proof to establish the existence of a violation of the 579
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence. 580
2. The hearing officer shall review the written request for an initial determination, 581
including the arguments and evidence set forth therein; 582
3. The hearing officer shall also review any evidence related to the administrative citation 583
provided by the issuer thereof; and 584
4. The hearing officer shall issue a written determination regarding the administrative 585
citation within five (5) business days from the date the written request for an initial 586
determination is received. The hearing officer’s written decision may: 587
588
a. Dismiss the administrative citation; 589
b. Uphold the administrative citation and reduce the associated civil 590
penalty; or 591
c. Uphold the administrative citation without reducing the associated 592
civil penalty. 593
594
15
LEGISLATIVE DRAFT
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty 595
associated therewith as follows: 596
597
1. If the person receiving the administrative citation is not the responsible party; 598
2. If the administrative citation does not comply with Section 2.75.140. 599
3. The city has failed to prove by a preponderance of the evidence that the violation 600
identified in the administrative citation occurred. 601
4. Imminent injury to persons or property would result from compliance with the 602
administrative citation. 603
5. All corrective actions outlined in the notice of violation were completed on or before 604
the compliance date. 605
6. Such mitigating circumstances expressly identified in the Salt Lake City Code 606
corresponding to the specific violation at issue. 607
7. When conducting an initial determination involving an alleged violation for 608
unauthorized use of streets, a hearing officer may only dismiss an administrative citation 609
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set 610
forth in Section 12.56.570, or its successor. 611
8. Civil penalties shall not be reduced where a violation is sustained by the hearing 612
officer but the responsible person has not yet complied with the corrective action, if any, 613
identified in the administrative citation. 614
9. Or as otherwise limited by law. 615
616
C. A person adversely affected by a hearing officer’s written determination, or written 617
determination of the applicable department if the department has not elected to use an 618
hearing officer pursuant to Section 2.75.070, may appeal that written determination by 619
filing a completed request for an administrative enforcement hearing within ten (10) days 620
of the date on which the written determination was issued. A request for an 621
administrative enforcement hearing shall be made in writing on a form provided by the 622
department of finance and may be filed, either electronically or by submitting a hard copy 623
document, with the department of finance. The request shall include: 624
625
1. The administrative citation number or case file number, as applicable; 626
2. The name, address, telephone number, and email address of the person requesting the 627
hearing; 628
3. A statement describing the grounds that support the person’s challenge to the 629
administrative citation, which shall set forth every theory of relief that will be presented 630
to the administrative appeals officer; 631
4. Any evidence the person desires to submit for the administrative appeals officer’s 632
consideration; and 633
5. An administrative enforcement hearing fee as set forth in the Salt Lake City 634
consolidated fee schedule. However, in no case shall the administrative enforcement 635
hearing fee assessed be greater than the base civil penalty that corresponds to the 636
cumulative administrative violation(s) at issue. In the event that the city is the appellant, 637
no hearing fee shall be payable from either party. The hearing fee shall be due at the time 638
of filing the hearing request. An administrative enforcement hearing request shall not be 639
considered complete until the hearing fee is paid. 640
16
LEGISLATIVE DRAFT
641
a. If the citation recipient prevails at the administrative enforcement 642
hearing, the administrative enforcement hearing fee shall be refunded to 643
the citation recipient. Otherwise, no refund of the hearing fee shall be 644
granted. A modification of the administrative citation or mere reduction in 645
the civil penalty shall not render the citation recipient the prevailing party. 646
647
D. Failure by a person to timely request an administrative enforcement hearing shall 648
constitute a waiver of the right to make any further challenge regarding the administrative 649
citation or result of the initial determination. If an administrative enforcement hearing is 650
not timely requested and the hearing officer’s written determination, or the written 651
determination of the applicable department if the department has not elected to use a 652
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city 653
may elect to enforce the administrative citation, or written determination to the extent it 654
modified the administrative citation, by any lawful means. 655
656
657
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT 658
HEARING: 659
660
A. Upon receipt of a request for an administrative enforcement hearing the administrative 661
appeals officer shall schedule and hold a hearing in accordance with the standards and 662
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open 663
to the public and shall be recorded. 664
665
B. Notification of the date, time and place of the hearing shall be given a minimum of 666
twelve (12) calendar days in advance of the hearing. 667
668
C. Time Limitation: All administrative enforcement hearings shall be held within one 669
hundred eighty (180) days of the written determination by the hearing officer, or department if 670
applicable. Appeals not heard within this time frame will be considered moot and the associated 671
administrative citation withdrawn by the city. 672
673
D. If a person, without good cause, fails to appear at an administrative enforcement hearing 674
then the administrative appeals officer may (1) render a decision based solely upon the 675
arguments and evidence submitted prior to the hearing by the non-appearing party and any 676
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision 677
by default to the appearing party. The administrative appeals officer shall have discretion to 678
determine whether good cause for an absence exists. 679
680
681
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 682
683
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules 684
of evidence and discovery shall not apply. No later than five (5) business days prior to the 685
hearing the party that did not request the hearing shall provide the other an electronic 686
17
LEGISLATIVE DRAFT
copy of any documents, photographs or other tangible evidence it intends to present at the 687
hearing and both parties shall provide a list of the witnesses that will testify at the 688
hearing. If an administrative citation arises from a complaint by a person who is not a city 689
employee, the complainant’s information shall not be disclosed or released other than the 690
inclusion of a complainant’s name in a witness list if the complainant will be a witness at 691
the hearing. 692
693
B. Each party shall have the right to be represented by an attorney at their sole cost and 694
expense. If an attorney will be representing a responsible person at a hearing, notice of 695
the attorney’s name, telephone number, and email address shall be provided at least two 696
(2) business days prior to the hearing. If such notice is not given, the hearing may be 697
continued at the city’s request, and all costs of the continuance may be assessed to the 698
responsible person. 699
700
C. No new hearing shall be granted unless the administrative appeals officer determines that 701
extraordinary circumstances exist that justify a new hearing. 702
703
D. Hearings shall be conducted in a manner as to afford the parties due process and in 704
accordance with the policies and procedures adopted pursuant to Section 2.75.060. 705
706
E. The burden to prove any defense shall be upon the party raising such defense. 707
708
F. After considering all applicable evidence, testimony, and defenses presented, the 709
administrative appeals officer shall issue a written administrative enforcement order in 710
accordance with the requirements and criteria set forth in Section 2.75.200. 711
712
713
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 714
715
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs 716
later, the administrative appeals officer shall, within ten (10) business days, issue a written 717
administrative enforcement order that includes findings of fact and conclusions of law that 718
support the administrative appeals officer’s decision and, if applicable, the action required of the 719
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement 720
hearing the administrative appeals officer may assign the party who prevailed, if represented by 721
counsel, the task of preparing proposed findings of fact and conclusions of law. 722
723
B. Depending on the nature of the administrative violation at issue, an administrative 724
appeals officer may issue an administrative enforcement order that orders any of the 725
following: 726
727
1. Dismisses an administrative citation, or dismisses one or more of the administrative 728
violations associated with the administrative citation. 729
2. Requires a responsible person to cease and desist from committing or otherwise abate 730
the conditions causing the administrative violations identified in the administrative 731
citation; 732
18
LEGISLATIVE DRAFT
3. Requires a responsible person to take any necessary corrective action to avoid 733
committing or to cease committing the administrative violations and establish 734
deadlines for the same; 735
3. Imposes civil penalties as set forth in this code; 736
4. Permits the city to enter property identified in the administrative citation and abate all 737
violations; 738
739
a. Whenever an order of abatement is entered the administrative appeals 740
officer shall also order the responsible person to pay to the city the actual 741
costs of the abatement and any administrative costs the city incurs in 742
performing the abatement. 743
744
5. Reduces the civil penalties associated with one or more administrative violations, 745
except that no such reduction shall be ordered when the violation is sustained but the 746
responsible person has not yet complied with the corrective action affirmed or 747
ordered by the administrative appeals officer; 748
6. Establishes specific deadlines for the payment of civil penalties and administrative 749
costs; 750
7. Denies, revokes, or suspends a city license, permit or other city approval; 751
8. Provides for subsequent review hearings as may be necessary to ensure compliance 752
with an administrative enforcement order; 753
9. Imposes any other applicable penalties or fees in accordance with the provisions set 754
forth in this code. 755
756
C. In considering a request to modify civil penalties imposed in connection with an 757
administrative citation an administrative appeals officer may consider any or all of the 758
following factors: 759
1. Duration, frequency, and reoccurrence of a violation; 760
2. Seriousness of a violation; 761
3. History of a violation; 762
4. Good faith effort by a responsible person to comply with the administrative citation or, 763
if applicable, the administrative enforcement order; 764
5. Prior record of city code violations; and 765
6. Any other factor appropriate to a just result. 766
767
D. Promptly after an administrative enforcement order is issued it shall be sent either by 768
mail to the address or to the email address identified on the administrative enforcement 769
hearing request. An administrative enforcement order shall be deemed final on the date it 770
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be 771
extended by 7 days for order sent by mail. 772
773
E. If a responsible person fails to comply with the terms set forth in an administrative 774
enforcement order, the city may use all appropriate legal means to obtain compliance 775
thereof and recover civil penalties and administrative costs, including attorney’s fees. 776
777
778
19
LEGISLATIVE DRAFT
2.75.210: APPEAL TO DISTRICT COURT: 779
780
A. The city or any responsible person adversely affected by a final administrative 781
enforcement order may file a petition for review with the Third District Court of Utah. The scope 782
of review shall be limited to the record before the administrative appeals officer. The court shall 783
presume the final administrative enforcement order is correct and shall not reweigh the evidence. 784
The administrative enforcement order may be overturned if it is illegal or arbitrary and 785
capricious. The administrative enforcement order shall be upheld if it is supported by substantial 786
evidence. 787
788
B. A petition for review shall be barred unless it is filed within thirty (30) days after the 789
administrative enforcement order is final. 790
791
C. The recording of the administrative enforcement hearing, any available minutes, evidence 792
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding, 793
shall be provided by the city to the district court after the filing of a petition for review. 794
795
D. The filing of a petition for review in district court does not stay the final decision of the 796
administrative appeals officer. 797
798
799
2.75.220: SETTLEMENT AGREEMENTS: 800
801
At any time the recipient of an administrative citation and the city may enter into a stipulated 802
settlement agreement, which shall be signed by both parties. An executed settlement agreement 803
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver, 804
as to the merits of the administrative citation, of any right to an initial determination, an 805
administrative enforcement hearing, and an appeal to district court, to the extent not yet 806
conducted. 807
808
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section 809
2.84.100 of the Salt Lake City Code is hereby amended as follows: 810
811
2.84.100: JURISDICTION AND AUTHORITY: 812
813
The justice court shall have jurisdiction over all matters as provided by law and state statute, 814
including, but not limited to, jurisdiction and authority provided under Utah Code Annotated 815
Title 78A Chapter 7sections 78-5-104, 78-5-105, and 78-5-106, or theirits successors. In 816
accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City 817
ordinances, including, but not limited to, those civil violations which have been designated as 818
civil penalty matters, having been converted by the city from criminal violations, unless city 819
ordinances provide for a different procedure for handling such violations. Civil penalty matters 820
20
LEGISLATIVE DRAFT
shall be managed in accordance with simplified rules of procedure and evidence applicable to 821
small claims courts. 822
823
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section 824
5.02.100 of the Salt Lake City Code is hereby amended as follows: 825
5.02.100: INVESTIGATION; MAYOR’S POWERS AND DUTIES: 826
A. Investigation: The mayor or his/her designee may, pPrior to the issuance of any business 827
license required by this title, the city may investigate any applicant for such license to ensure 828
such applicant, proposed business, and proposed place of business comply with all applicable 829
laws, rules, and regulations. Such investigation may include entry into the proposed business 830
premises.if the mayor has reasonable cause to believe that the applicant: 831
832
1. Has filed an application which is incomplete, erroneous, or false in any respect; 833
2. Fails in any respect to qualify to do business in the city under any federal, state or city 834
law, rule or regulation; or 835
3. Has committed such act or acts as may be grounds for revocation or denial of a license 836
application under any federal, Utah state, or Salt Lake City law, rule or regulation; or 837
4. Investigation is provided by city ordinance. 838
839
B. Documents Productionand Witnesses: Unless the business license application is 840
withdrawn by the applicant, and no business operations are taking place without the required 841
licensetThe citymayor or his/her designee may compel the production of documents and 842
witnesses in order to conduct such investigation as provided by this section. 843
844
C. Application Denial: Upon a finding by the mayor or the designated hearing examiner that 845
the application is in fact incomplete, erroneous or false in any respect, or that the applicant is not 846
qualified to do business in the city under any federal, Utah state or city law, rule or regulation, or 847
that the applicant has committed an act or acts which would justify denial of the application, 848
such application may be denied by the mayor or the designated hearing examiner after hearing, 849
as provided in this chapter.Continuing Powers: In the event that a license is issued pursuant to 850
this title, the license holder and place of business shall be subject to ongoing inspections and 851
investigation to determine continued compliance with the terms and conditions of the license and 852
all applicable laws, rules and regulations. 853
854
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section 855
5.02.115 of the Salt Lake City Code is hereby amended as follows: 856
5.02.115: TIME LIMITATIONS: 857
A. License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city 858
has thirty (30) days in which to complete its review and approve or deny a license. If a review 859
21
LEGISLATIVE DRAFT
cannot be completed within thirty (30) days, a conditional license mayshall be issued to the 860
applicant subject to completion of the review, verifying the applicant meets all license 861
requirements. 862
863
B. Appeal Time Limit: The licensee may appeal the denial of a license by the license 864
supervisor by filing with the license supervisor a written notice of appeal. The notice must be 865
filed within ten (10) days of receipt of notice of denial of the license. 866
867
868
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section 869
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows: 870
5.02.230: RESERVEDLICENSE; HEARING PROCEDURES: 871
Hearings to consider the revocation, suspension, approval, or denial of licenses issued by Salt 872
Lake City Corporation shall be held by or at the direction of the mayor. Notwithstanding the 873
provisions of any other ordinance pertaining to hearings before the mayor for the suspension or 874
revocation of licenses, such hearings may be held either before the mayor, or before any 875
hearing examiner who has been appointed by the mayor, upon the advice and consent of the 876
city council, to conduct such hearings. 877
878
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section 879
5.02.250 of the Salt Lake City Code is hereby amended as follows: 880
881
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS: 882
883
A. Conditions Oof Denial, Suspension Oor Revocation: The licensee shall be responsible for 884
the operation of the licensed premises in conformance with the ordinances of the city. Any 885
business license issued by the city may be suspended or revoked, and any application for any 886
business license or for the renewal of any business license may be denied, by the mayor or the 887
designated hearing examiner, for a period of time not to exceed three (3) years after a hearing 888
held before the mayor or at the mayor's direction, upon a finding by the mayor or the designated 889
hearing examiner of a violation of or conviction ofdue to any of the following arising out of or 890
otherwise related to the application for, or the operation of, the business at issuewith respect to 891
the licensee or licensee's operator or agent: 892
893
1. The applicant or place of business does not meet the qualifications for a license; 894
2. Nonpayment of required fees; 895
3. An incomplete application; 896
4. Noncompliance with any requirement or condition associated with a city approval 897
associated with the business (i.e. conditional use permit, development agreement, 898
variance); 899
22
LEGISLATIVE DRAFT
15. A violation of or a conviction for violating any ordinance regulating or governing 900
the business for which said license was granted; or 901
26. A violation of or conviction for violating any other city ordinance or law of the 902
state which affects the health, welfare or safety of its residents, including, but not limited 903
to, a public nuisance, and which violation or conviction relates to the business so licensed 904
or to be licensed; or 905
37. A violation of or conviction for violating an ordinance which violation or 906
conviction resulted from the operation of the business so licensed; or 907
48. Any material misrepresentation or any fraud perpetrated on the licensing authority 908
through application for, or operation of, said business.; or 909
9. The applicant or licensee has refused authorized representatives of the city access 910
to the place of business for the purpose of an inspection or has interfered with such 911
representatives while in the performance of their duty in making such inspection. 912
913
914
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to, 915
other grounds for the denial, suspension or revocation of any license as provided for by 916
ordinance. 917
918
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding, 919
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 920
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution 921
of obscene material. 922
923
924
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section 925
5.02.260 of the Salt Lake City Code is hereby amended as follows: 926
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE: 927
928
A. Hearing Required; Notice: Any suspension, revocation or denial of the renewal of a 929
license may be appealed pursuant to Chapter 2.75. Suspension or revocation shall not take effect 930
until the time period for appealing the decision has expired or, if applicable, a decision is issued 931
as a result of a timely appeal.by the City shall not be imposed until a hearing is first held before 932
the Mayor or a hearing examiner appointed by the Mayor. Reasonable notice of the time and 933
place of the hearing, together with notice of the nature of the charges or complaint against the 934
licensee, premises or applicant sufficient to reasonably inform the licensee or applicant and 935
enable him/her to answer such charges and complaint, shall be served upon the licensee or 936
applicant personally or by mailing a copy to the licensee or applicant at his or her last known 937
address. 938
B. Hearing Procedures: All witnesses called at such hearings shall be sworn by a person 939
duly authorized to administer oaths, and a record of such hearing shall be made by a recording or 940
a court reporter. A licensee or applicant shall have the right to appear at the hearing in person or 941
by counsel, or both, present evidence, present argument on the licensee's or applicant's behalf, 942
cross examine witnesses, and in all proper ways defend the licensee's or applicant's position 943
23
LEGISLATIVE DRAFT
944
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section 945
5.02.270 of the Salt Lake City Code is hereby amended as follows: 946
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN: 947
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person, 948
corporation or firm who has had a license suspended, revoked or denied by the Mayor or the 949
Mayor's designated hearing examiner to reapply for or obtain a license, or operate a business, 950
which has been so suspended, revoked or denied during the time that said license has been 951
revoked, suspended or denied or for a period of one (1) year from the effective date of said 952
suspension, revocation, or denial if no period of debarment is specified by the order of 953
suspension, revocation, or denial. 954
955
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290, 956
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are 957
hereby repealed in their entirety. 958
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS: 959
960
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the 961
City Council, and the Mayor or any hearing examiner shall have power and authority to call, 962
preside at and conduct hearings to consider the suspension, revocation, denial or approval of 963
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and 964
receive evidence, compel the attendance of witnesses, and compel the production of documents. 965
966
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER: 967
968
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its 969
successor section, the hearing examiner shall issue or adopt written findings of fact and 970
conclusions of law and an order which is based upon and supported by the evidence presented at 971
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance, 972
and shall be binding upon all parties as of the date and time of such issuance. The City and the 973
licensee or applicant may appeal such findings, conclusions and order to a court of competent 974
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such 975
findings, conclusions and order. 976
977
5.02.310: SUBPOENAS: 978
979
At the request of any party, subpoenas for attendance at any hearing or for production of books, 980
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this 981
Code or its successor chapter. 982
24
LEGISLATIVE DRAFT
983
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That 984
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows: 985
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONSLICENSE; NOT REQUIRED 986
WHEN: 987
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any 988
person: 989
1. Engaged in business for solely religious, charitable, eleemosynary, or other types of 990
strictly nonprofit purpose who is tax exempt in such activities under the laws of the 991
United States and the state of Utah; 992
2. Engaged in a business specifically exempted from municipal taxation and fees under the 993
laws of the United States and the state of Utah; 994
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation 995
and located exclusively at the Utah State Fair Park during the period of the annual Utah 996
State Fair; or 997
4. Not maintaining a place of business within the city who has paid a like or similar license 998
tax or fee to some other taxing unit within the state, and which taxing unit exempts from 999
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing 1000
business in such taxing unit. 1001
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of 1002
this section shall not apply to any disproportionate fees which may be applicable under 1003
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or 1004
charges which may be required under this code. 1005
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter 1006
into reciprocal agreements with the proper officials of other taxing units, as may be deemed 1007
equitable and proper in effecting the exemption provided for in subsection A of this section. 1008
Nothing in this section shall preclude the city from reviewing and investigating a business 1009
license application under such a reciprocal agreement, and requiring payment of disproportionate 1010
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the 1011
discretion of the city council. 1012
1013
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That 1014
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows: 1015
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED: 1016
25
LEGISLATIVE DRAFT
1017
A. Civil Actions: In all cases where a city ordinance requires that a license be 1018
obtained to carry on or to engage in any business, occupation or calling within the city, and the 1019
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the 1020
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City 1021
against the person failing to pay such license fee, in any court of this state having jurisdiction of 1022
such action, to recover the fee. In any case where several or diverse amounts of license fees 1023
remain due and unpaid by any such person, such several amounts of unpaid license fees may be 1024
joined as separate causes of action in the same complaint in such civil actions. 1025
B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to 1026
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75. 1027
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any 1028
manner interfere with the enforcement of any penalty provision contained in any ordinance of the 1029
city. 1030
1031
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That 1032
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows: 1033
5.08.230: APPEAL PROCEDURES: 1034
1035
A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider 1036
matters relating to violations of this chapter. Civil penalties imposed pursuant to this chapter 1037
shall be subject to the procedures set forth in Chapter 2.75. 1038
1039
B. Any alarm user shall have ten (10) business days from the date of the city's written notice 1040
of a penalty assessment under this chapter to request in writing an appeal hearing before such 1041
hearing officer. The filing of an appeal with the alarm administrator shall stay the assessment of 1042
additional penalties for that violation until the hearing officer makes a final decision. The burden 1043
to prove any matter shall be upon the person raising such matter. It shall not be a defense to any 1044
penalty assessment that: 1) the false alarms were the result of faulty or malfunctioning 1045
equipment; 2) the false alarms were caused by electrical surges; or 3) the false alarms were 1046
caused by the fault of another person during noncriminal incidents. The hearing officer shall 1047
render a decision within ten (10) days after the appeal hearing is concluded. Following issuance 1048
of such decision, additional penalty assessments shall accrue until paid, as provided in this 1049
chapter. 1050
1051
C. If the hearing officer finds that no violation of this chapter occurred, or that a violation 1052
occurred but one or more of the defenses set forth in this section is applicable, Tthe hearing 1053
officer or administrative appealshearing officer, as applicable, may dismiss the penalty and 1054
release the alarm user from liability thereunder, or may reduce the penalty associated therewith 1055
as he or she shall determine if any of the following affirmative defenses are shown. Such 1056
defenses are: 1057
26
LEGISLATIVE DRAFT
1058
1. The false alarm for which the penalty has been assessed did not originate at the 1059
premises of the alarm user who has been assessed the fee; 1060
2. The alarm for which the penalty has been assessed was, in fact, not false, but was 1061
rather the result of an actual or attempted burglary, robbery or other emergency; or 1062
3. The police dispatch office was notified by the permit holder or the alarm company 1063
that the alarm was false prior to the arrival of a peace officer to the subject premises in response 1064
to the false alarm.; or 1065
4. Such other mitigating circumstances as may be approved by the city law 1066
department. 1067
1068
D. If the hearing officer finds that a false alarm did occur and no applicable defense exists, 1069
the alarm administrator may, in the interest of justice and on behalf of the city, enter into an 1070
agreement for the timely or periodic payment of the applicable fees and penalties. 1071
1072
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section 1073
5.09.080 of the Salt Lake City Code is hereby amended as follows: 1074
5.09.080: APPEALS: 1075
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to 1076
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the 1077
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated 1078
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal 1079
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee 1080
until the enforcement official makes a final decision. The owner shall file a written appeal to the 1081
enforcement official by setting forth the reasons for the appeal within fifteen (15) days after 1082
notice is mailed. 1083
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was 1084
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to 1085
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must 1086
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An 1087
appeal must be made in writing stating the reason why the order to disconnect or deactivate 1088
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to 1089
disconnect is mailed to the owner. The enforcement official or his or her designee shall review 1090
the facts and circumstances and shall determine whether the owner has shown good cause why 1091
the order should be withdrawn. If the enforcement official affirms the order to disconnect or 1092
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is 1093
served upon the owner to comply with the order. The appeal of an order to disconnect or 1094
deactivate shall suspend the effective date of the order until the appeal has been acted upon by 1095
the enforcement official. 1096
1097
27
LEGISLATIVE DRAFT
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That 1098
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows: 1099
1100
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter, 1101
or whenever the Ccity has reasonable cause to believe a Code violation exists in any building or 1102
upon any premises which makes such building or premises unsafe, dangerous or hazardous, the 1103
Ccity's duly authorized representative may, after making reasonable efforts toupon obtaining 1104
permission of the owner or other person having charge or control of the premises or dwelling 1105
unit, or upon obtaining a warrant, enter a residential property or premises to inspect it or to 1106
perform any other duties imposed by this chapter. 1107
1108
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section 1109
5.14.120 of the Salt Lake City Code is hereby amended as follows: 1110
5.14.120: ENFORCEMENT: 1111
A. Enforcement of all business licensing standards, except a property’s compliance 1112
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters 1113
5.02, 5.04, and 5.88. 1114
B. Self-Certification Standard Enforcement: In addition to any other remedies 1115
authorized by law or in this title, if the notified party fails to repair or secure the property in 1116
question, the Ccity may pursue any one (1) or more of the following additional remedies: 1117
1. Notice Of Deficiency: The building services divisionSupervisor of Housing 1118
Enforcement may record with the Salt Lake County Recorder's Office a notice of 1119
any conditions that violate the self-certification standards established by the 1120
Ccity. The notice shall be mailed to all notified parties. 1121
2. Criminal Action: Violations of the provisions of self- certification standards 1122
established by the Ccity may be punishable as a Class B misdemeanor upon 1123
conviction. 1124
3. Civil Action: Violations of self-certification standards established by the Ccity 1125
may also be enforced by injunction, mandamus, abatement, civil penalties or any 1126
other appropriate action in law or equity. 1127
CB. Civil penalties may be imposed according to the following procedures: 1128
1. Notice Of Violation: 1129
a. If the housing inspector finds that any provision of this chapter is being 1130
violated, the housing inspector shall provide a written notice to the property 1131
owner and to any other person determined to be responsible for such violation. 1132
28
LEGISLATIVE DRAFT
The written notice shall indicate the nature of the violation and order the 1133
action necessary to correct it. Additional written notices may be provided at 1134
the housing inspector's discretion. 1135
b. The written notice shall state what action the housing inspector intends to take 1136
if the violation is not corrected. The written notice shall include information 1137
regarding the established warning period for the indicated violations and shall 1138
serve to start any warning periods provided in this chapter. 1139
c. Such written notice issued by the housing inspector shall be deemed sufficient 1140
and complete when served upon the person cited: 1141
(1) Personally by the inspector or his or her representative; or by mailing, 1142
postage prepaid, by certified mail or commercial courier addressed to 1143
the person cited at the last known address appearing on the records of 1144
the County Recorder; and 1145
(2) By posting notice on the property where said violation(s) occurs. 1146
d. In cases when delay in enforcement would seriously threaten the effective 1147
enforcement of this chapter, or pose a danger to the public health, safety or 1148
welfare, the housing inspector may seek enforcement without prior written 1149
notice by invoking any of the fines or remedies authorized in this chapter. 1150
e. If the violation remains uncured within five (5) days after the expiration of the 1151
warning period, a second notice of violation shall be delivered by mail, 1152
postage prepaid, addressed to the person cited at the last known address 1153
appearing on the records of the County Recorder. The second notice of 1154
violation shall identify the date on which the civil penalties shall begin to 1155
accrue. 1156
2. Amount of Penalty: Civil penalties shall accrue as follows: 1157
a. Violations of the self-certification standards established by the Ccity: $50.00 1158
per violation per day. If more than 10 violations exist, the daily penalties shall 1159
double. 1160
3. Daily Violations: Each day a violation continues after the citation deadline shall 1161
give rise to a separate civil penalty. 1162
4. Compliance: Accumulation of penalties for violations, but not the obligation for 1163
payment of penalties already accrued, shall stop upon correction of the violation. 1164
5. Recurring Violations: In the case where a violation, which had been corrected, 1165
reoccurs within six (6) months of the initial correction, the Ccity will begin 1166
enforcement of said recurring violation and penalties will begin accruing after a 1167
ten (10) day warning period. 1168
6. Appeals: 1169
29
LEGISLATIVE DRAFT
a. Appeals Contesting the Existence of a Violation: 1170
(1) Appeals contesting the existence of the violation must done in 1171
accordance with Section 18.12.030. 1172
b. Appeals Contesting the Amount of the Penalties Imposed: any person 1173
receiving a notice of violation may appeal the civil fines imposed, but not the 1174
basis therefor (which must be done pursuant to Subsection 5.14.120.BC.6.a), 1175
in accordance with Section 18.12.050. 1176
1177
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section 1178
5.14.130 of the Salt Lake City Code is hereby amended as follows: 1179
5.14.130: REFUSAL TO PERMIT INSPECTIONS: 1180
If a rental dwelling business license holder, or an agent of such business license holder, refuses 1181
to permit the Ccity to conduct an inspection authorized under this chapter, then the Ccity has 1182
adequate grounds to: 1183
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at 1184
issue; 1185
B. Disqualify the rental dwelling at issue from participation in the Ccity's Landlord/Tenant 1186
Initiative pursuant to chapter 5.15 of this title; 1187
C. After making reasonable efforts to obtaining a warrantpermission of the owner or other 1188
person having charge or control of the premises or dwelling unit, enter a rental dwelling at issue 1189
to inspect it or to otherwise perform duties imposed by this chapter; and/or 1190
D. Pursue any and all other remedies available to the Ccity. 1191
1192
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section 1193
5.15.070 of the Salt Lake City Code is hereby amended as follows: 1194
5.15.070: DISQUALIFICATION: 1195
A. License Office Duties: If the License Office disqualifies an applicant from participating 1196
in the Landlord/Tenant Initiative Program or concludes that an owner hasreceives evidence that a 1197
rental dwelling owner or the owner's agents have, with respect to any rental dwelling, violated 1198
the provisions of this chapter or the owner's rental dwelling management agreement with the 1199
Ccity, the License Supervisor shall: 1200
30
LEGISLATIVE DRAFT
1. Notify the rental dwelling owner of the violation and the basis for such action by 1201
either: 1202
a. Certified mail or commercial courier; 1203
b. Personal service; or 1204
c. Mailing a copy of the notice to the rental dwelling owner and posting a 1205
copy of the same notice at the rental dwelling; and 1206
2. Assess the rental dwelling owner for any disproportionate rental fees 1207
corresponding to such rental dwelling that were reduced under this chapter for the currently 1208
applicable license period. 1209
B. Appeal: A rental dwelling owner or agent who receives a notification and 1210
assessment as provided in subsection A of this section may appeal such action in accordance 1211
with the procedures set forth in Chapter 2.75to the Mayor, or the Mayor's designee, by filing a 1212
written request for a hearing with the City's Business Licensing Supervisor. The hearing shall be 1213
conducted pursuant to the procedures set forth in sections 5.02.260 and 5.02.290 of this title or 1214
their successor sections. 1215
C. No Partial Reduction if DisqualifiedFinding Of Noncompliance: If the owner of a 1216
rental dwelling is disqualified fromit is determined that a rental dwelling owner has not complied 1217
with the requirements of the Landlord/Tenant Initiative Program with respect to a particular 1218
rental dwelling during any portion of the licensing period for which a reduction was provided, 1219
the rental dwelling at issue, shall be disqualified from the program, and the disproportionate 1220
rental fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety 1221
of the term of such rental dwelling business license. The rental dwelling owner shall pay the full 1222
disproportionate rental fee for such rental dwelling for that year. 1223
D. Readmission: After disqualification, the rental dwelling at issue may qualify for 1224
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the 1225
rental dwelling owner has corrected the problems leading to disqualification and has paid all 1226
amounts due in the prior year. 1227
1228
SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section 1229
5.16.100 of the Salt Lake City Code is hereby amended as follows: 1230
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS: 1231
An auctioneer's license may be revoked by the city license supervisor, or an application for 1232
issuance or renewal of such license may be refused by the city license supervisor., if he or she 1233
determines, after notice and hearing: 1234
A. Grounds for Revocation or Denial. 1235
31
LEGISLATIVE DRAFT
1. That the applicant or license holder has committed any of the violations set forth 1236
in sSection 5.02.250 of this title, or its successor; or 1237
B2. That the application of the applicant or license holder contains any false, 1238
fraudulent or misleading material statements; or 1239
C3. That the applicant or license holder has made any false, fraudulent or misleading 1240
material statement in the course of conducting an auction sale of, or in offering for sale at 1241
auction, any real or personal property (goods, wares or merchandise) in the city; or 1242
D4. That the applicant or license holder has perpetrated a fraud upon any person, 1243
whether or not such fraud was perpetrated in the conduct of an auction in the city; or 1244
E5. That the applicant or license holder has violated any of the statutes of the state 1245
relating to auctions or auctioneers; or 1246
F6. That the applicant or license holder has conducted an auction sale in the city or 1247
offered for sale at an auction in the city, any real or personal property (goods, wares or 1248
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the 1249
peace or a menace to the health, safety or general welfare of the public. 1250
B. Such determination may be appealed in accordance with Chapter 2.75. 1251
1252
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That 1253
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety. 1254
5.16.110: RESERVEDDENIAL OR REVOCATION; REQUIRED NOTICE OF 1255
HEARING: 1256
Notice of the hearing provided for in the preceding section shall be given in writing to the 1257
applicant or license holder as provided in section 5.02.260 of this title, or its successor. The 1258
applicant or license holder shall have the right to be represented at such hearing by counsel. Such 1259
hearing shall be conducted in accordance with chapter 5.02 of this title, or its successor. 1260
1261
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section 1262
5.40.120 of the Salt Lake City Code is hereby amended as follows: 1263
5.40.120: LICENSE; REVOCATION CONDITIONS: 1264
Any license granted or extended under this chapter may be revoked or suspended by the Mayor 1265
or the Mayor's designated hearing examiner after a hearing, with notice being given to the 1266
licensee aspursuant to the procedures provided in cChapter 5.02 of this title, or its successor for 1267
32
LEGISLATIVE DRAFT
any of the following reasons:, resulting in an affirmative finding by the Mayor or the Mayor's 1268
designated hearing examiner in any of the following: 1269
A. Any misrepresentation made in obtaining a license; 1270
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed 1271
a crime involving moral turpitude; 1272
C. The violation of any provision of this chapter; 1273
D. A showing of any evidence which provides reasonable grounds for the Mayor to believe 1274
that the licensee has committed or aided in the preparation for or allowed his records, tools, 1275
equipment, facilities or supplies to be used for the commission of any crime. 1276
1277
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040 1278
of the Salt Lake City Code is hereby repealed. 1279
5.51.040: LICENSE ENFORCEMENT ACTION; APPLICABILITY:RESERVED 1280
License enforcement actions, as defined in section 5.51.010 of this chapter, are applicable to 1281
alcohol establishments only. Off premises beer retailers are subject, when applicable, to the 1282
enforcement requirements set forth in section 32A-10-103, Utah Code Annotated (2009) or the 1283
enforcement provisions set forth in section 5.02.260 of this title. 1284
1285
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050 1286
of the Salt Lake City Code is hereby repealed. 1287
5.51.050: LICENSE ENFORCEMENT ACTION; GROUNDS: RESERVED 1288
In addition to the grounds set forth in section 5.02.250 of this title, the following are grounds for 1289
a license enforcement action: 1290
A. Failure to comply with the terms of a conditional use permit issued by the city under title 1291
21A of this code. 1292
B. Three (3) or more serious or grave disciplinary sanctions, as defined by the Utah 1293
department of alcoholic beverage control, within a three (3) year period. 1294
C. Failure to maintain current and appropriate licensure under title 32A, Utah Code 1295
Annotated (2009), or successor provisions. 1296
1297
33
LEGISLATIVE DRAFT
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060 1298
of the Salt Lake City Code is hereby repealed. 1299
5.51.060: ALCOHOL ENFORCEMENT HEARING BOARD; MEMBERSHIP; 1300
AUTHORITY: RESERVED 1301
A. The alcohol enforcement hearing board hears license enforcement actions and determines 1302
appropriate penalties, based on the guidelines provided in section 5.51.080 of this chapter. 1303
B. The board has three (3) members: one member shall be appointed from the hospitality 1304
industry, one member shall be appointed from the community, and one member shall be 1305
appointed from the city administration. 1306
C. Appointed board members serve for a two (2) year term and may be appointed for two (2) 1307
consecutive terms. The city administration appointee serves as chair. The business licensing 1308
supervisor will provide staff support to the board. 1309
1310
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070 1311
of the Salt Lake City Code is hereby repealed. 1312
5.51.070: LICENSE ENFORCEMENT ACTION; PROCEDURES: RESERVED 1313
A. How Initiated: Upon receipt of a complaint regarding an alcohol establishment, the 1314
business license supervisor will review the complaint with the city attorney to determine whether 1315
sufficient grounds and evidence exist to initiate a license enforcement action. The business 1316
license supervisor or city attorney may request city staff to investigate further or obtain 1317
additional evidence before making a determination. 1318
B. Notice Upon Determination To Initiate A License Enforcement Action: If a 1319
determination is made that sufficient grounds exist to proceed, the business licensing supervisor 1320
will schedule a hearing before the alcohol enforcement hearing board. Thirty (30) days' written 1321
notice must be provided to the applicant or licensee. Notice may be served personally or by 1322
registered letter, return receipt requested, at the licensed premises. Receipt by any adult 1323
employee of the business constitutes adequate service. The notice must include a description of 1324
the alleged conduct underlying the complaint; a description of the potential penalties; the date, 1325
time and place the hearing will be conducted; and a statement that the licensee has the right to 1326
appear, be represented by an attorney, call witnesses and present evidence. 1327
C. Hearings: 1328
1. Hearings will be conducted before the alcohol enforcement hearing board. An 1329
audio recording must be made. 1330
34
LEGISLATIVE DRAFT
2. The applicant or licensee may be represented by an attorney, call witnesses, 1331
present evidence, and obtain administrative subpoenas from the city recorder as provided in title 1332
2, chapter 2.59 of this code. 1333
3.Strict adherence to the Utah rules of evidence is not required. The board may consider 1334
any relevant, nonprivileged oral or documentary evidence presented. 1335
4. After hearing the evidence presented, the board will make a factual determination, 1336
based on a preponderance of the evidence, whether the alleged grounds for enforcement have 1337
been proven. A finding by at least two (2) board members is sufficient to sustain a determination. 1338
The board may request that counsel for either party draft the findings of fact. 1339
5. If the board determines that there is not sufficient evidence to prove the alleged 1340
grounds for enforcement, then the matter will be dismissed. 1341
6. If the board determines that sufficient evidence exists to prove the grounds for 1342
enforcement, then it must determine the appropriate penalty based on the penalty matrix in 1343
section 5.51.080 of this chapter. The board must issue a written order, which may be drafted by 1344
counsel for either party, referencing its finding of facts, and stating the penalty imposed. 1345
1346
SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080 1347
of the Salt Lake City Code is hereby repealed. 1348
5.51.080: LICENSE ENFORCEMENT ACTION; PENALTIES: RESERVED 1349
The board is authorized to suspend or revoke a license as provided under section 5.02.250 of this 1350
title. In addition, for violations of subsection 5.51.050A of this chapter, with respect to failure to 1351
comply with the terms of a conditional use permit, the following mandatory minimum penalties 1352
apply with respect to each condition for which a violation is found within a three (3) year period 1353
commencing on the date of the first offense. At the end of this three (3) year period, the tiered 1354
offense cycle starts over. 1355
A. Class I Violations: Violations of conditions that are required pursuant to the table of 1356
permitted and conditional uses found in section 21A.33.020 of this code are class I violations. 1357
1358
1. First offense $ 500.00
2. Second offense 750.00
3. Third offense 1,000.00
4. Subsequent offense 2 day suspension
1359
35
LEGISLATIVE DRAFT
B. Class II Violations: Violations of conditions added by the planning commission for the 1360
specific conditional use permit pursuant to the table of permitted and conditional uses found in 1361
section 21A.33.020 of this code are class II violations. 1362
1363
1. First offense $ 250.00
2. Second offense 500.00
3. Third offense 1,000.00
4. Subsequent offense 1 day suspension
1364
C. Multiple Violations: For purposes only of the monetary penalties in this section, violations 1365
found to have occurred on days prior to and up to five (5) days after the licensee has received 1366
notice of the hearing shall constitute a single offense. Each day of violation proved to have 1367
occurred thereafter shall constitute a separate offense. If proven at the hearing, penalties for 1368
multiple violations may be imposed in a single hearing. 1369
1370
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090 1371
of the Salt Lake City Code is hereby repealed. 1372
5.51.090: APPEAL: RESERVED 1373
The applicant or licensee and the city may appeal any action of the board to the 3rd district court. 1374
For the purpose of the appeal, the record of the hearing includes the board's written findings and 1375
order, any evidence presented to the board, and the audio recording of the hearing. 1376
1377
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section 1378
5.61.380 of the Salt Lake City Code is hereby amended as follows: 1379
5.61.380: APPEAL PROCEDURES: 1380
1381
A. If the license is denied or approved with qualifications, or if a notice of suspension, 1382
revocation or citation of a civil fine is imposed, the applicant or licensee may challenge that 1383
adverse action pursuant to the processes set forth in Chapter 2.75. file an appeal with the 1384
business licensing authority. 1385
B. Filing of an appeal must be within ten (10) days of the date of service of the notice of any 1386
denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such 1387
36
LEGISLATIVE DRAFT
appeal, the business licensing authority shall schedule a hearing before a designated hearing 1388
officer within twenty (20) days from the date of the appeal unless such time shall be extended for 1389
good cause. 1390
C. The hearing officer shall hold a public hearing on the record, and take such facts and 1391
evidence as necessary to determine whether the denial, qualified approval, suspension, 1392
revocation or civil fine was proper under the law. 1393
D. The burden of proof shall be on the city. 1394
E. After the hearing, the hearing officer shall have seven (7) working days, unless extended 1395
for good cause, in which to render findings of fact, conclusions of law, and recommended 1396
decision to the mayor. 1397
F. Either party may object to the recommendation of the hearing officer by filing the party's 1398
objection and reasons, in writing, to the mayor or the mayor's designee within seven (7) days 1399
following the recommendation. In the event the hearing officer recommends upholding a 1400
suspension or revocation, the license shall be immediately suspended, and shall remain 1401
suspended until any subsequent appeal is decided. If no objections are received within the seven 1402
(7) days, the mayor or the mayor's designee may immediately adopt the recommendation of the 1403
hearing officer. 1404
G. If objections are received, the mayor or the mayor's designee shall have ten (10) working 1405
days to consider such objections before issuing the mayor's or the mayor's designee's final 1406
decision. The mayor or the mayor's designee may, in his or her discretion, take additional 1407
evidence or require written memorandum on issues of fact or law. The standard by which the 1408
mayor or the mayor's designee shall review the decision of the hearing officer is whether 1409
substantial evidence exists in the record to support the hearing officer's recommendation. 1410
H. An applicant aggrieved by the mayor's or the mayor's designee's decision shall have 1411
judicial review of such decision pursuant to rule 65.B, Utah rules of civil procedure, or any other 1412
applicable ordinance, statute or rule providing for such review. 1413
1414
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section 1415
5.63.065 of the Salt Lake City Code is hereby amended as follows: 1416
5.63.065: DRIVER'S QUALIFICATIONS: 1417
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be 1418
issued to any of the following persons: 1419
1. Any person under the age of eighteen (18) years; 1420
2. Any person who is currently required to register with the sex and kidnap offender registry 1421
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor; 1422
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or 1423
dangerous drugs, a felony conviction for an offense against a person or property, unless a 1424
37
LEGISLATIVE DRAFT
period of not less than five (5) years shall have elapsed since the date of conviction or the 1425
date of release from confinement for such offense, whichever is later; 1426
4. Any person who has been convicted of driving a vehicle recklessly within the five (5) 1427
years immediately preceding application for a license; 1428
5. Any person who has been convicted of driving a vehicle while under the influence of 1429
alcohol or a controlled substance, or of being in or about a vehicle while under the 1430
influence of alcohol or a controlled substance with the intent of driving such vehicle, 1431
within the five (5) years immediately preceding application for a license; 1432
6. Any person who has been convicted of two (2) or more felonies. 1433
B. Notwithstanding the provisions of subsection A3 or A6 of this section, if a hearing 1434
examiner conducting a hearing pursuant to section 5.63.070 of this chapter or its successor 1435
section, receives documents or testimony at a hearing that proves by a preponderance of the 1436
evidence that the applicant has reformed his/her moral character so as to pose no threat to 1437
members of the public, then the hearing examiner may issue the license. Part of the documents or 1438
testimony used to establish the preponderance shall come from the applicant's parole officer if 1439
the applicant is still on parole. An applicant's failure to provide a recommendation from the 1440
applicant's parole officer if the applicant is on parole shall constitute grounds for denying the 1441
applicant's request. 1442
1443
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section 1444
5.63.070 of the Salt Lake City Code is hereby amended as follows: 1445
5.63.070: APPEALHEARING UPON REJECTION: 1446
AnyIf the application for a pedicab driver license that is suspended, revoked, or associated 1447
applicationis rejected, the applicant/licensee shall be entitled to appeal such determination in 1448
accordance with Chapter 2.75, upon request, to a hearing before a hearing examiner as provided 1449
in chapter 5.02 of this title, or its successor. 1450
1451
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section 1452
5.64.750 of the Salt Lake City Code is hereby amended as follows: 1453
5.64.750: SUSPENSION AND REVOCATION OF LICENSE: 1454
A. In addition to any penalties that may be imposed, any license issued under this article 1455
may be suspended or revoked for any of the following reasons: 1456
38
LEGISLATIVE DRAFT
1. Fraud, misrepresentation, or knowingly false statement contained in the application 1457
for the license; 1458
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on 1459
the business of vending; 1460
3. Conducting the business of vending in any manner contrary to the conditions of the 1461
license; 1462
4. Conducting the business of vending in such a manner as to create a public nuisance; 1463
cause a breach of the peace; constitute a danger to the public health, safety, welfare, 1464
or morals; or interfere with the rights of property owners; or 1465
5. Cancellation of Utah Department of Agriculture authorization, or of the required 1466
authorization of any successor agency, for a food or beverage vending unit due to 1467
uncorrected health or sanitation violations. 1468
B. Any suspension of revocation of a license under this article shall be subject to 1469
Chapters 5.02 and 2.75. The business license administrator shall provide written notice of the 1470
suspension or revocation in a brief statement setting forth the complaint, the grounds for 1471
suspension or revocation, and notifying the licensee or permittee of the appeal procedure. Such 1472
notice shall be mailed to the address shown on the license holder's application by certified mail, 1473
return receipt requested. 1474
C. If the city revokes a vending license or permit, the fee already paid for the license 1475
or permit shall be forfeited. A person whose license or permit has been revoked under this 1476
section may not apply for a new license for a period of one year from the date that the revocation 1477
took effect. 1478
1479
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760 1480
of the Salt Lake City Code is hereby repealed. 1481
5.64.760: RESERVEDAPPEALS: 1482
If the business license administrator denies the issuance of a license or permit, suspends or 1483
revokes a license or permit, or orders the cessation of any part of the business operation 1484
conducted under the license or permit, the aggrieved party may appeal the administrator's 1485
decision in accordance with sections 5.02.260, 5.02.280, and 5.02.290 of this title. 1486
1487
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section 1488
5.65.190 of the Salt Lake City Code is hereby amended as follows: 1489
39
LEGISLATIVE DRAFT
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE: 1490
A. The Business License Administrator may revoke or suspend the business license 1491
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if 1492
he/she finds: 1493
1. That such person has violated or failed to meet any of the provisions of this 1494
chapter; 1495
2. That there are grounds for denial, suspension or revocation as set forth in 1496
section 5.02.250 of this title, or its successor section, or in any other Ccity 1497
ordinance or State or Federal law or regulation; 1498
3. That such person has been convicted within the last seven (7) years of any crime 1499
involving moral turpitude, narcotic or dangerous drugs, or offenses against a 1500
person or property; 1501
4. Any required license or permit has been suspended, revoked or canceled; or 1502
5. The permittee does not have a currently effective insurance policy in the 1503
minimum amount provided in this chapter; or 1504
6. That the permittee has abandoned the use of the permit operating location for the 1505
conducting of business. The failure of a permittee to vend from a vending cart 1506
within the permittee's permit operating location for thirty (30) continuous 1507
calendar days or more, except during the period of December, January, and 1508
February, shall constitute abandonment. 1509
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the 1510
procedures set forth in Chapter 5.02.Upon denial, suspension or revocation, the Business License 1511
Supervisor shall give notice of such action to the permit holder or applicant, as the case may be, 1512
in writing stating the action he/she has taken and the reasons therefor. Such notice shall contain 1513
the further provision that it shall become final and effective within ten (10) days, unless such 1514
action is the result of a failure of the permittee to maintain liability insurance as required by this 1515
chapter, or is the result of a threat to the public health, safety or welfare in which case the action 1516
shall be effective immediately upon issuance of such notice. Any person receiving such notice, 1517
other than a notice effective upon issuance, shall have ten (10) days from the date of receipt 1518
thereof to file a written request with the Business License Administrator for a hearing thereon 1519
before a hearing examiner appointed by the Mayor. Upon receipt of such request the Business 1520
License Administrator shall schedule a hearing in accordance with the procedures set forth 1521
in chapter 5.02 of this title, or its successor chapter. If the notice of denial, suspension or 1522
revocation is effective upon issuance thereof, as provided in this section, a hearing shall be held 1523
within five (5) business days of the date of issuance without any requirement of a request for 1524
such hearing from the permit holder. 1525
1526
40
LEGISLATIVE DRAFT
SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section 1527
5.71.010 of the Salt Lake City Code is hereby amended as follows: 1528
5.71.010: DEFINITIONS: 1529
The following words and phrases, when used in this chapter, shall have the meanings defined 1530
and set forth in this section: 1531
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground 1532
transportation business contracted through the department of airports to provide on demand 1533
shared ride service to and from the Salt Lake City International Airport. 1534
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating 1535
under contract with the department of airports to provide airport shared ride service to and from 1536
the Salt Lake City International Airport. 1537
APPLICANT: An individual who has submitted an application to the department to obtain a 1538
ground transportation vehicle operator's badge pursuant to article VII of this chapter. 1539
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any 1540
ground transportation vehicle, which has a current, valid business license as required by the city 1541
and which: 1542
A. Registers the business in accordance with the requirements established by the 1543
department, and 1544
B. Is current with all fees or charges imposed by the department and city. 1545
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not 1546
including the driver. 1547
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or 1548
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including 1549
the driver. 1550
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1551
in the legal name of the association, including, without limitation, a corporation, limited liability 1552
company, partnership, or sole proprietorship. 1553
BUSINESS LICENSING OFFICE: The department of financedivision of building services and 1554
licensing of Salt Lake City Corporation, or its successor. 1555
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1556
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1557
chapter. 1558
COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its 1559
successor. 1560
41
LEGISLATIVE DRAFT
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for 1561
transportation of customers and/or baggage without making a specific separate charge to the 1562
passenger for such transportation. 1563
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1564
division as may be designated by the mayor to have responsibility for the enforcement of this 1565
chapter. 1566
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic 1567
transponder used to identify vehicles and provide the department with vehicle data and billing 1568
information. 1569
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1570
responsibility for the enforcement of this chapter or the authorized designee of such director. 1571
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the 1572
department to verify that the vehicle meets the standards set by the department director, 1573
department rules and regulations, applicable contracts, and applicable city ordinances, including, 1574
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing, 1575
safety, and insurance requirements. 1576
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that 1577
a ground transportation vehicle has passed the required department inspection. These department 1578
inspection seals are nontransferable and no ground transportation vehicle may be operated 1579
without such seal. 1580
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1581
by the department director to govern commercial ground transportation operations within the 1582
city. 1583
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule 1584
previously announced as to time of departure and arrival between definitely established and 1585
previously announced points along definitely established and previously announced routes 1586
regardless of whether passengers or freight are to be carried. 1587
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1588
department director to hear and rule on appeals, suspensions, and other matters related to ground 1589
transportation in and connected with the city. 1590
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation 1591
vehicle. 1592
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground 1593
transportation business. 1594
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of 1595
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare 1596
is collected. 1597
HEARING OFFICER: A hearing officer of the Salt Lake City justice court. 1598
42
LEGISLATIVE DRAFT
HOLDER: A person to whom a certificate of public convenience and necessity has been issued. 1599
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business 1600
under contract to or directly by a motel, hotel, or other lodging business, to provide 1601
transportation of customers and/or baggage for the contracted establishment for which 1602
transportation the customer is charged a separate fee or fare, and which is subject to a contract 1603
filed with the department providing for operating the vehicle. 1604
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a 1605
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business 1606
attire or a chauffeur's uniform. 1607
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four 1608
(24) persons, not including the driver. 1609
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business 1610
named in a civil notice issued by the city. 1611
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by 1612
an authorized ground transportation business which is not "scheduled service" or "prearranged 1613
service" as defined in this section. 1614
OPERATOR: Persons engaged in the ground transportation business. 1615
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the 1616
services of an ambulance, and who need or desire special transportation equipment or 1617
accommodation for physical or mental infirmities. 1618
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation 1619
business from points within the city to destinations within the city, or beyond, for which the 1620
authorized ground transportation business providing such transportation has recorded the name 1621
or description of prospective passenger and the date and time of the request for transportation at 1622
least thirty (30) minutes prior to the transporting of the passenger by such vehicle. 1623
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation 1624
business on a fixed schedule posted with and approved by the department in advance of such 1625
transportation. 1626
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport 1627
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the 1628
transportation of persons with disabilities. 1629
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific 1630
purpose, including, but are not limited to, special conversion vehicles and classic or collector 1631
automobiles, but excluding special transportation vehicles. 1632
STARTER: A person appointed by and representing a ground transportation business who is 1633
responsible for managing the coordination of vehicles and passenger transportation for that 1634
business. 1635
43
LEGISLATIVE DRAFT
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1636
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1637
available for hire by passengers, including places otherwise marked as freight zones or other 1638
parking restricted zones if designated for use of taxicabs during specified times. 1639
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or 1640
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but 1641
which is subject for contract hire by persons desiring special trips from one point to another, as 1642
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in 1643
Salt Lake City by contract with the department. 1644
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of 1645
facilitating ground transportation services, such as, but not limited to, the Salt Lake City 1646
Intermodal Hub. 1647
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of 1648
freight, luggage, or other items. 1649
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger 1650
seating capacity of six (6) to twelve (12), not including the driver. 1651
VEHICLE OPERATOR'S BADGE OR OPERATOR'S BADGE: An identification badge issued 1652
by the department to an individual to signify that the individual has met the requirements to 1653
operate a ground transportation vehicle. 1654
1655
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That 1656
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows: 1657
5.71.300: CIVIL PENALTIES AND ENFORCEMENT: 1658
B. The department may revoke, suspend, or deny the application for or a renewal of 1659
an operator's badge, department automated vehicle identification tag or department inspection 1660
seal for violations of any provision of this title, department rules and regulations, or other 1661
applicable law. Such action may be appealed in accordance with Chapter 2.75.The person or 1662
business affected may request, in writing filed with the department, an appeal hearing before the 1663
ground transportation appeal committee. Any such revocation, suspension, or denial of renewal 1664
shall remain in effect until the party against whom such action is taken requests reinstatement 1665
and the ground transportation appeal committee determines that reinstatement is appropriate. 1666
1667
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section 1668
5.71.310 of the Salt Lake City Code is hereby amended as follows: 1669
44
LEGISLATIVE DRAFT
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1670
TRANSPORTATION VIOLATION: 1671
Civil notices under this chapter, other than those involving revocations, suspensions, denials or 1672
approvals of a business license, operator's badge, department automated vehicle identification 1673
tags and department inspection seal, may be contested pursuant to the procedures and processes 1674
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1675
5.88.030 of this title or its successor section. 1676
1677
SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section 1678
5.71.320 of the Salt Lake City Code is hereby repealed in its entirety: 1679
5.71.320: EXPEDITED APPEAL OF EXCLUSION: 1680
Any named party who is excluded from pursuing commercial activities under this chapter , and 1681
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1682
exclusion as provided for in this chapter, may request an expedited appeal of the action that 1683
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to 1684
the department. The department shall promptly investigate the facts relating to such exclusion. If 1685
the evidence indicates such exclusion is improper under this chapter, the Department Director 1686
may reverse the action that resulted in such exclusion. If the Department Director does not 1687
reverse such action, the action resulting in such exclusion shall be heard and determined by the 1688
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a 1689
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground 1690
Transportation Appeal Committee shall uphold such exclusion. 1691
1692
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section 1693
5.72.005 of the Salt Lake City Code is hereby amended as follows: 1694
5.72.005: DEFINITIONS: 1695
The following words and phrases, when used in this chapter, shall have the meanings defined 1696
and set forth in this section: 1697
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1698
in the legal name of the association, including, without limitation, a corporation, limited liability 1699
company, partnership, or sole proprietorship. 1700
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1701
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake 1702
City, Utah. 1703
45
LEGISLATIVE DRAFT
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1704
chapter. 1705
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare 1706
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00). 1707
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to 1708
provide taxicab services. 1709
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1710
division as may be designated by the mayor to have responsibility for the enforcement of this 1711
chapter. 1712
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved 1713
by the department for providing taxicab or other services within the corporate boundaries of Salt 1714
Lake City, including the airport. 1715
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1716
responsibility for the enforcement of this chapter or the authorized designee of such director. 1717
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1718
by the department director to govern ground transportation service and businesses within the 1719
city. 1720
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare. 1721
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab 1722
are indicated. 1723
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the 1724
taximeter through the operation of the mileage and time mechanism. 1725
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1726
department director to hear and rule on appeals, suspensions, and other matters related to ground 1727
transportation in and connected with the city. 1728
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that 1729
is not already engaged in transport of passengers to respond to the person's location for hiring 1730
and transport of persons or property. 1731
HIRED: The button on the face of a taximeter, which when activated places the taximeter in 1732
operation, signifying the start of a billing process for the person(s) engaging the use of the 1733
taxicab. 1734
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for 1735
the transportation of passengers for hire. 1736
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated 1737
association. 1738
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1739
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1740
46
LEGISLATIVE DRAFT
available for hire by passengers, including places otherwise marked as freight zones or other 1741
parking restricted zones if designated for use of taxicabs during specified times. 1742
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including 1743
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the 1744
driver, used in the on demand, for hire transportation of passengers or baggage over the public 1745
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for 1746
contract hire by persons desiring special trips from one point to another and authorized to operate 1747
in Salt Lake City by contract with the department. 1748
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures 1749
mileage by the distance driven and the waiting time upon which the fare is based, and which 1750
automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a 1751
taxicab. 1752
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a 1753
passenger to the time of discharge of passenger(s). 1754
1755
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That 1756
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows: 1757
B. The department may revoke, suspend, or deny renewal of an operator's badge, 1758
department automated vehicle identification tag or department inspection seal for violations of 1759
any provision of this title, department rules and regulations, or other applicable law. Such action 1760
may be appealed in accordance with Chapter 2.75.The person or business affected may request, 1761
in writing filed with the department, an appeal hearing before the Ground Transportation Appeal 1762
Committee. Any such revocation, suspension, or denial of renewal shall remain in effect until the 1763
party against whom such action is taken requests reinstatement and the Ground Transportation 1764
Appeal Committee determines that reinstatement is appropriate. 1765
1766
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section 1767
5.72.890 of the Salt Lake City Code is hereby amended as follows: 1768
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1769
TRANSPORTATION VIOLATION: 1770
Civil notices under this chapter, other than those involving revocations, suspensions, denials, or 1771
approvals of a business license, operator's badge, department automated vehicle identification 1772
tags and department inspection seal, may be contested pursuant to the procedures and processes 1773
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1774
5.88.030 of this title or its successor section. 1775
47
LEGISLATIVE DRAFT
1776
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section 1777
5.72.900 of the Salt Lake City Code is hereby repealed as follows: 1778
5.72.900: EXPEDITED APPEAL OF EXCLUSION: 1779
Any named party who is excluded from pursuing commercial activities under this chapter, and 1780
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1781
exclusion as provided for in this chapter, such party may request an expedited appeal of the 1782
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so 1783
excluded to the department. The department shall promptly investigate the facts relating to such 1784
exclusion. If the evidence indicates such exclusion is improper under this chapter, the 1785
Department Director may reverse the action that resulted in such exclusion. If the Department 1786
Director does not reverse such action, the action resulting in such exclusion shall be heard and 1787
determined by the Ground Transportation Appeal Committee in accordance with the provisions 1788
of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this 1789
chapter the Ground Transportation Appeal Committee shall uphold such exclusion. 1790
1791
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section 1792
5.74.170 of the Salt Lake City Code is hereby amended as follows: 1793
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS: 1794
A. The licensee shall be responsible for the operation of the licensed premises in 1795
conformance with this code. Upon a finding by the mayor of a violation, after hearing before the 1796
mayor, or his or her designee, or upon conviction of the licensee, operator, agent or any person 1797
of the following violations occurring in or on the premises licensed pursuant to this chapter, tThe 1798
mayorcity may revoke or suspend the license or licenses covering the businesses conducted on 1799
such premises, regardless of the ownership thereof, for a period of time up to and including one 1800
year for the following violations: 1801
1. A violation or conviction of Utah cCode section 76-9-301.8, 76-9-702, or 76-10-1802
1206; 1803
2. A violation of any provision set forth in this chapter; 1804
3. A violation or conviction of any ordinance referred to in 1805
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of 1806
section 5.28.060 of this title or section 11.16.100 of this code, or their successors; 1807
4. Violations or convictions of any material misrepresentation, or for any fraud 1808
perpetrated on the licensing authority through application or operation of such 1809
business; 1810
48
LEGISLATIVE DRAFT
5. A violation of any law of the state, or ordinance of the city which affects the health, 1811
welfare and safety of its residents, and which violation occurred as a part of the main 1812
business activity licensed under this chapter and not incidental thereto; 1813
6. A violation or conviction of showing motion pictures for which the establishment is 1814
not properly licensed as required by this chapter. 1815
B. The foregoing provisions of this section, or its successor, notwithstanding, 1816
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 1817
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing 1818
obscene material. 1819
1820
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section 1821
5.74.180 of the Salt Lake City Code is hereby amended as follows: 1822
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES: 1823
A. Hearing And Notice: Any suspension or revocation of a license pursuant to this 1824
chapter shall not be had until a hearing is first held before the mayor or the mayor's designee be 1825
conducted as provided in Chapter 5.02 of this title or its successor. Reasonable notice of the time 1826
and place of such hearing, together with notice of the nature of charges or complaint against the 1827
licensee or its premises sufficient to reasonably inform the licensee and enable him or her to 1828
answer such charges and complaint, shall be served upon the licensee as provided by the Utah 1829
rules of civil procedure. Any decision to revoke or suspend a license shall be stayed until the 1830
time period for appealing the decision has expired or a decision on any appeal is issued pursuant 1831
to the provisions of Chapter 2.75. 1832
B. Exhaustion Of Remedies: If a violation is found by the mayor or hearing 1833
examiner, or a conviction is obtained under subsection 5.74.170A1 of this chapter, or its 1834
successor, such revocation or suspension shall not take effect until the license holder or 1835
individual found in violation or convicted thereunder has had opportunity to exhaust all his or 1836
her administrative and appellate remedies. 1837
1838
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section 1839
5.88.030 of the Salt Lake City Code is hereby amended as follows: 1840
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION: 1841
1842
A. Notices of violation shall be adjudicated as civil violations in accordance with the 1843
procedures set forth in title 2, cChapter 2.75 of this Code. 1844
1845
49
LEGISLATIVE DRAFT
B. Any person having received a notice of violation, as provided in this chapter, shall appear 1846
before a City Hearing Officer and present and contest such alleged violation. 1847
1848
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1849
herein shall affect the City's burden to prove each element of the underlying charge by a 1850
preponderance of evidence. 1851
1852
D. If the City Hearing Officer finds that no violation as set forth in the notice of violation 1853
has occurred or that such a violation has occurred but one (1) or more of the affirmative defenses 1854
set forth in this section is applicable, the Hearing Officer may dismiss the notice of violation and 1855
release the recipient of the notice from liability thereunder or the Hearing Officer may reduce the 1856
penalty associated therewith. Such affirmative defenses are: 1857
1858
1. At the time of the receipt of the notice of violation, the person receiving such notice of 1859
violation: 1860
1861
a. Was not an owner or other responsible party with respect to the business at issue; and 1862
b. Did not engage in any actions or omissions that contributed to the violation at issue; 1863
2. Compliance with the subject ordinances would have presented an imminent and 1864
irreparable injury to persons or property; 1865
3. All remedial requirements outlined in the notice of violation were completed on or before 1866
the compliance date; 1867
4. Such other mitigating circumstances expressly described in this title that correspond to 1868
specific violations of an ordinance in this title; or 1869
5. Such other mitigating circumstances as may be approved by the City Attorney's Office. 1870
1871
E. Any person not satisfied with the outcome of their appearance before the City Hearing 1872
Officer with respect to the notice of violation they received, may appear before the small claims 1873
court to contest such alleged violation. 1874
1875
BF. If the alleged ordinance violation involves an ordinance for which a more specific 1876
enforcement provision is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 5.51, 5.61, 1877
5.71, or 5.72 of this title, then the more specific enforcement provisions and processes set forth 1878
in the chapter that corresponds to the violation shall supersede the provisions of this section. 1879
1880
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section 1881
5.88.040 of the Salt Lake City Code is hereby amended as follows: 1882
5.88.040: PENALTIES FOR CIVIL VIOLATIONS: 1883
A. The following penalties shall be imposed where a notice of violation is issued for 1884
a violation of the Ccity ordinances set forth in this title: 1885
1. Where a notice of violation has been issued for a first violation of a Ccity 1886
ordinance, such notice of violation shall constitute a written warning. 1887
50
LEGISLATIVE DRAFT
2. Where a notice of violation has been issued for a second violation of a Ccity 1888
ordinance, the recipient of such notice of violation shall pay a civil penalty of two 1889
hundred fifty dollars ($250.00). 1890
3. Where a notice of violation has been issued for a third violation of a Ccity 1891
ordinance, the recipient of such notice of violation shall pay a civil penalty of five 1892
hundred dollars ($500.00). 1893
4. Where a notice of violation has been issued for a fourth or subsequent violation of 1894
a Ccity ordinance, the recipient of such notice of violation shall: 1895
a. Pay a civil penalty of five hundred dollars ($500.00); and 1896
b. Shall be placed on probation for a period of one (1) year from the date on 1897
which the notice of violation was issued. 1898
5. If, during the period of probation specified in subsection A4b of this section, a 1899
notice of violation is issued for a violation of the same ordinance that resulted in 1900
such probation, then: 1901
a. The recipient of such notice of violation shall pay a civil penalty of five 1902
hundred dollars ($500.00); 1903
b. The business license of the recipient of such notice of violation shall be 1904
revoked; and 1905
c. The recipient of such notice of violation may not reapply for a new business 1906
license for at least six (6) months from the date of revocation. 1907
B. Any reference to second, third, fourth, and subsequent violations refers to repeat 1908
violations of the same Ccity ordinance that occur within a twenty four (24) month period. Unless 1909
a specified citation interval is provided by ordinance related to the specific violation or license at 1910
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days. 1911
C. The Ccity may not revoke a business license pursuant to subsection A5b of this 1912
section without satisfying the due process requirements set forth in Ssections 5.02.250, 5.02.260, 1913
and 5.02.290 of this title. 1914
D. If the alleged ordinance violation involves an ordinance for which a more specific 1915
enforcement provision or penalty is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 1916
5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions, processes, 1917
and penalties set forth in the chapter that corresponds to the violation shall supersede the 1918
provisions of this section. 1919
1920
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section 1921
8.04.020 of the Salt Lake City Code is hereby amended as follows: 1922
51
LEGISLATIVE DRAFT
8.04.020: ANIMAL SERVICES: 1923
Animal services may be provided through a legally executed agreement, which includes the 1924
authority and power to enforce this title. Alternatively, the city may elect to provide its own 1925
animal services without entering into a contract with an outside provider. In the event that animal 1926
control services are provided by another political subdivision, the duly enacted ordinances and 1927
regulations of that political subdivision shall apply and supersede the requirements of this Title. 1928
1929
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section 1930
8.15.025 of the Salt Lake City Code is hereby amended as follows: 1931
1932
8.15.025: NOTICES OF VIOLATION: 1933
1934
A. Notices of violations shall be adjudicated as civil violations in the small claims court in 1935
accordance with the procedures set forth in title 2, cChapter 2.75 of this code. 1936
1937
B. Any person having received a notice of violation, as provided in this chapter, may appear 1938
before the small claims court and present and contest such alleged violation. 1939
1940
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1941
herein shall affect the city's burden to prove each element of the underlying charge by a 1942
preponderance of evidence. 1943
1944
D. If the administrative hearing officer finds that no violation as set forth in the notice of 1945
violation has occurred or that such a violation has occurred but one or more of the affirmative 1946
defenses set forth in this section is applicable, the hearing officer may dismiss the notice of 1947
violation and release the recipient of the notice from liability thereunder or the hearing officer 1948
may reduce the penalty associated therewith. Such affirmative defenses are: 1949
1950
1. At the time of the receipt of the notice of violation, the person receiving such 1951
notice of violation was not the owner or the person responsible for the animal and 1952
his/her actions did not contribute to the issuance of the notice of violation; 1953
2. Compliance with the subject ordinances would have presented an imminent and 1954
irreparable injury to persons or property; or 1955
3. Such other mitigating circumstances as may be approved by the city law 1956
department. 1957
1958
1959
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That 1960
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as 1961
follows: 1962
52
LEGISLATIVE DRAFT
1963
B. Any violation of this chapter shall constitute a civil violation and shall be handled as 1964
provided by title 2, cChapter 2.75 of this code. Notice of a civil violation may be given:(1) to an 1965
owner, occupant, lessee, or agent of the property by hand delivery or 2) by mailing of the notice 1966
by first class mail to the owner of record. Civil penalties shall be imposed as follows: 1967
1968
Section Of This Chapte Penalt
9.08.030G $50.00 per violatio
9.08.090 and 9.08.095 $25.00 for the first citation
$50.00 for the second citation within 6
months of the first citation
$100.00 for the third citation within 6 months
of the first citatio
1969
1970
1971
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section 1972
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 1973
11.14.050: ADMINISTRATIVE APPEALS: 1974
1975
A. A Salt Lake City justice court shall consider matters relating to services fees. Service fees 1976
and costs imposed pursuant to this chapter shall be adjudicated as civil violations in accordance 1977
with Chapter 2.75. 1978
1979
B. Any person having received notice of the assessment of a services fee may appear before 1980
the Salt Lake City justice court and present and contest the alleged violation upon which the 1981
services fee was based. 1982
1983
C. If the Salt Lake City justice court finds that no violation occurred and one or more of the 1984
defenses set forth in this section is applicable, the justice court may dismiss the services fee 1985
notice, release the defendant from liability for the services fee, or modify the services fee as 1986
justice and equity may require. Such defenses are: 1987
1988
1. Wrong name and address on the services fee notice; 1989
2. Compliance with the subject ordinances would have presented an imminent and 1990
irreparable injury to persons or property; 1991
3. Such other mitigating circumstances as may be shown by the appellant. 1992
1993
D. If the Salt Lake City justice court finds that a services fee was properly imposed and no 1994
applicable defense exists, the justice court may, in the interest of justice and on behalf of the city, 1995
enter into an agreement for the timely or periodic payment of the services fee. 1996
1997
1998
53
LEGISLATIVE DRAFT
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section 1999
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2000
12.24.016: RESERVEDVEHICLE OWNER DRIVING WITHOUT OWNER'S AND 2001
OPERATOR'S SECURITY: 2002
2003
A. It is unlawful for any owner of a motor vehicle with respect to which a security is 2004
required under Utah motor vehicle owner's or operator's security laws, to drive such motor 2005
vehicle or permit such motor vehicle to be driven upon streets or highways within the corporate 2006
limits of the city, without security being in effect, as required by the Utah financial responsibility 2007
of motor vehicle owner's and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or 2008
their successor sections. 2009
2010
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2011
adjudged guilty of a violation hereof, if such person produces reasonable evidence before the 2012
justice court in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or its 2013
successor, that such security was in effect at the time such person was issued a citation for failure 2014
to have such evidence in his or her possession. Evidence of such security being in effect may be 2015
in the form of an identification card approved by the Utah department of public safety for 2016
issuance by an insurer to its insured with respect to the motor vehicle. 2017
2018
C. An increased penalty may be imposed for a second and subsequent offense within three 2019
(3) years of a previous conviction or forfeiture of penalty. 2020
2021
2022
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section 2023
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2024
2025
12.24.018: RESERVEDDRIVING WITHOUT OWNER'S AND OPERATOR'S 2026
SECURITY: 2027
2028
A. It is unlawful for any person to operate a motor vehicle which is subject to the 2029
requirements of insurance contained in the Utah financial responsibility of motor vehicle owner's 2030
and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or their successor sections, 2031
anywhere within the corporate limits of the city, knowing that the owner of the motor vehicle 2032
does not have security in effect as required by the Utah financial responsibility of motor vehicle 2033
owner's and operator's act. 2034
2035
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2036
adjudged guilty of a violation hereof if such person produces reasonable evidence before the 2037
justice court, in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or 2038
its successor, that said security was in effect at the time such person was issued a citation for 2039
failure to have such evidence in his or her possession. Evidence of such security being in effect 2040
54
LEGISLATIVE DRAFT
may be in the form of an identification card approved by the Utah department of public safety for 2041
issuance by an insurer to its insured with respect to the motor vehicle. 2042
2043
C. An increased penalty may be imposed for a second and subsequent offense within three 2044
(3) years of a previous conviction or forfeiture of penalty. 2045
2046
2047
SECTION 52. Amending the text of Salt Lake City Code Section 12.56.570. That Section 2048
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2049
2050
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES: 2051
2052
A. The Mayor shall appoint such Hearing Officers as he or she deems appropriate to 2053
consider matters relating to the unauthorized use of streets. 2054
2055
AB. Any person having received a citation as to unauthorized use of streetsnotice of 2056
such unauthorized use, or the owner of any vehicle employed in such use, may appeal such 2057
notice pursuant to the procedures set forth in Chapter 2.75appear before a Hearing Officer and 2058
present and contest such alleged unauthorized use. 2059
2060
C. The burden to prove any defense shall be upon the person raising such defense. 2061
2062
D. The Hearing Officer may find that no unauthorized use occurred and dismiss the ticket. 2063
2064
BE. If the hearing officer or administrative appealsHearing oOfficer, as applicable, 2065
finds that an unauthorized use occurred but one or more of the defenses set forth in this section is 2066
applicable, theythe Hearing Officer may dismiss the notice of unauthorized use and release the 2067
owner or driver from liability thereunder. Such defenses are: 2068
2069
1. At the time of the receipt of the notice, possession of the subject vehicle had been 2070
acquired by a third party in violation of the criminal laws of the State; 2071
2. If the notice of unauthorized use of streets alleges a violation of any ordinance 2072
pertaining to a parking meter, such meter was mechanically malfunctioning to the 2073
extent that its reliability is questionable; 2074
3. Compliance with the subject ordinances would have presented an imminent and 2075
irreparable injury to persons or property; 2076
4. CitationsParking notices for overtime parking at ain metered or in a time restricted 2077
zones received by a Ccity employee or guest while on official Salt Lake City business 2078
will be dismissed upon written request from the applicable Ddepartment Ddirector or 2079
designee on official letterhead or by electronic mail. The request must be made within 2080
ten (10) days of receipt of the citationnotice and must include a brief description of 2081
the reason for the request, and be submitted to the: Salt Lake City Corporation 2082
director of revenue operations, Traffic Manager, 333 South 200 East, P.O. Box 2083
55
LEGISLATIVE DRAFT
145499, Salt Lake City, UT 84114-5499. Parking violations other than overtime 2084
parking and meter violations will not be dismissed in this manner; 2085
5. Unlimited time parking by employees of other governmental entities on official 2086
business exempt vehicles will be allowed at Ccity meters and time restricted 2087
locations. In order to qualify, the exempt vehicle must either be a marked official 2088
vehicle pursuant to Section 12.56.590, or it must be included in the city’s exempt 2089
databasedisplay a placard or sticker issued by Salt Lake City Parking Enforcement or 2090
the vehicle's license plate must be registered with Salt Lake City Parking 2091
Enforcement for enrollment in any license plate recognition system used to regulate 2092
parking enforcement. Requests for placards must include a brief description of the 2093
reason for the request and be submitted to: Salt Lake City Parking Enforcement, P.O. 2094
Box 145552, Salt Lake City, UT 84114-5552. Requests for dismissals of other 2095
parking violations will may be considered and should be submitted to the: Salt Lake 2096
City Corporation director of revenue operations, Traffic Manager, 333 South 200 2097
East, P.O. Box 145499, Salt Lake City, UT 84114-5499; 2098
6. If the Hearing Officer finds that the owner of the vehicle is deceased but was living 2099
when the ticket was issued; 2100
7. If the Hearing Officer finds that the vehicle was sold by a third party with the original 2101
license plates on, and the citation was issuedticket was received prior to the sale, 2102
provided the sale is reported to the DMV and the bill of sale is submittedprovided 2103
within twenty (20) days of receipt of the parking citationnotice. 2104
2105
CF. If the hearing officer or administrative appealsHearing oOfficer, as applicable, finds that 2106
an unauthorized use occurred but one or more of the defenses set forth in this section is 2107
applicable, they Hearing Officer may reduce the penalty associated therewith, but in no event 2108
shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are: 2109
2110
1. At the time of receipt of the notice, possession of the subject vehicle had been 2111
acquired by another party pursuant to a written lease agreement or similar written 2112
agreement; 2113
2. The subject vehicle was mechanically incapable of being moved from such location; 2114
provided, however, such defense shall not apply to any vehicle which remains at such 2115
location in excess of six (6) hours; 2116
3. Any markings, signs or other indicia of parking use regulation were not clearly visible 2117
or comprehensible; 2118
4. At the time of the notice of violation a responsible person receiving such notice of 2119
violation had, but failed to properly display, a special disability group license plate or 2120
placard that was valid and relevant to the violation for which the citation was 2121
issuednotice of violation. However, a Hearing Officer may not reduce the associated 2122
civil penalty below the minimum penalty amount set forth in Utah Code section 41-2123
1a-1306, or its successor section; 2124
5. At the time a citation issued for failure to display of the notice of violation a 2125
residential parking permit a valid residential parking permit existed, but such permit 2126
was valid but not properly displayed; 2127
6. Such other mitigating circumstances as the Hearing Officer may find, with the written 2128
have been approved by the parking civil manager approval of the court's Traffic 2129
56
LEGISLATIVE DRAFT
Manager, which must include the basis for the decision. A report on such decisions is 2130
to be provided to the Mayor and City Council on a quarterly basis. 2131
2132
G. If the Hearing Officer finds that an unauthorized use occurred and no applicable defense 2133
exists, the Hearing Officer may, in the interest of justice and on behalf of the City, enter into an 2134
agreement for the timely or periodic payment of the applicable penalty. 2135
2136
DH. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) 2137
days from the receipt of the citationnotice, or ten (10) days from such date as may have been 2138
agreed to by the Hearing Officer, the cCity may use such lawful means as are available to collect 2139
such penalty, including costs and attorney fees. Such collection efforts shall be stayed while an 2140
appeal is pending before a hearing officer or administrative appeals officer pursuant to Chapter 2141
2.75. 2142
2143
2144
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section 2145
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2146
2147
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL 2148
PENALTIES: 2149
2150
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who 2151
fails to comply with sSection 14.20.070 of this chapter commitsis guilty of a civil violation. Such 2152
violation shall be handled by the Salt Lake City justice court in accordance with the procedures 2153
set forth in title 2, cChapter 2.75 of this code, or its successor. Notice of a civil violation may be 2154
given: 1) to the owner, occupant, lessor, or agent of the property by hand delivery, or 2) by 2155
mailing of the notice by first class mail to the owner of record. 2156
2157
B. The civil penalty for violation of this section shall be as set forth below: 2158
2159
1. For any property with street front footage of two hundred feet (200') or less: 2160
2161
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not 2162
removed from sidewalks within twenty four (24) hours; 2163
b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not 2164
removed from sidewalks within forty eight (48) hours; and 2165
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2166
not removed from sidewalks within seventy two (72) hours. 2167
2168
2. For any property with street front footage of more than two hundred feet (200'): 2169
2170
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2171
not removed from sidewalks within twenty four (24) hours; 2172
57
LEGISLATIVE DRAFT
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet 2173
is not removed from sidewalks within forty eight (48) hours; and 2174
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is 2175
not removed from sidewalks within seventy two (72) hours. 2176
2177
2178
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section 2179
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2180
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER: 2181
2182
Any suspension or revocation or stop order by the city engineer may be appealed in accordance 2183
with the procedures set forth in Chapter 2.75by the permittee to the director of public services by 2184
filing a written notice of appeal within ten (10) days of the action of the city engineer. The 2185
director of public services shall hear such appeal, if written request therefor be timely filed, as 2186
soon as practicable, and render his/her decision within a reasonable time following filing of 2187
notice of appeal. 2188
2189
SECTION 55. Amending the Salt Lake City consolidated fee schedule. That the Salt 2190
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect 2191
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City 2192
consolidated fee schedule shall be published on the official Salt Lake City website. 2193
2194
SECTION 56. Effective Date. That this ordinance shall become effective on the date of 2195
publication. 2196
2197
2198
Passed by the City Council of Salt Lake City, Utah, this _______ day of 2199
________________, 2025. 2200
2201
______________________________ 2202
CHAIRPERSON 2203
2204
ATTEST: 2205
2206
2207
______________________________ 2208
CITY RECORDER 2209
58
LEGISLATIVE DRAFT
2210
2211
Transmitted to the Mayor on __________________________. 2212
2213
Mayor’s Action: _____Approved. _____Vetoed. 2214
2215
2216
______________________________ 2217
M R O Y A2218
2219
ATTEST: 2220
2221
2222
____________________________ 2223
CITY RECORDER 2224
2225
2226
(SEAL) 2227
2228
Bill No. _______ of 2025. 2229
Published: ____________________. 2230
2231
Ordinance Establishing Uniform Administrative Hearing Process_v8 2232
2233
2234
2235
2236
GENERAL FUNDS MISCELLANEOUS FEES
For questions regarding General Funds Miscellaneous Fees contact: TBD
Service Fee Additional Information Section
Collection Fee $64 3.16.050
Administrative Enforcement Hearing Fee $81 2.75.170
Legal Fee $248 2.75.040
Credit Card Use Surcharge 2.4%
This fee will be added at the register to all qualifying credit card
transactions described in Section 3.16.060 of the Salt Lake City Code.
**Max Galaxy, Sportsman software and Library Parking Garage does
not assess the credit card charge**
3.16.060
Pedestrian Crosswalk Flags
Plain Orange Non-Reflective Crosswalk Flag $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. No fees assessed for flags sponsored in school zones.12.76.100
Orange Reflective Crosswalk Flag $2.10
Sponsor chooses which type of flag to use and is responsible for
keeping the flags in stock. No fees assessed for flags sponsored in
school zones.
12.76.100
Return Check or EFT Transfer $20 2.61.030
Loan Application Fee $120 Each 03.16.005
Amended 06/10/2025 by Ord. 2025 - 34 Page 1
Exhibit A
or fine amount, whichever is less
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SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Submission Date:
04/08/2025
Date Sent to Council:
04/15/2025
From:
Department *
Finance
Employee Name:
Garcia, Arturo
E-mail
Arturo.Garcia@slc.gov
Department Director Signature
Director Signed Date
04/11/2025
Chief Administrator Officer's Signature
Chief Administrator Officer's Signed Date
04/15/2025
Subject:
Ordinance Amending Administrative Hearing Process
Additional Staff Contact:
Lisa Hunt (801)535-7926, Arturo Garcia (801)535-6502 and Katherine Pasker (801)535-7633
Presenters/Staff Table
Lisa Hunt (801)535-7926, Arturo Garcia (801)535-6502 and Katherine Pasker (801)535-7633
Document Type
Ordinance
Budget Impact?
Yes
No
Recommendation:
The Administration recommends the City Council adopt amendments to Salt Lake City Code Chapter 2.75, Enforcement of Civil Violations.
Background/Discussion
The proposed Administrative Appeals Process will streamline and modernize the appeal process. The process replaces Small Claims Court appeals with an Administrative Appeals process, creating a consistent practice for all city departments.
Under this proposal:•Hearing Officers will continue to conduct initial informal reviews, resolving straightforward disputes. Addressing these cases early prevents unnecessary appeals and saves time for both the city and the public.•If a constituent disagrees with the initial decision, they may appeal to an Administrative Appeals Officer, who will conduct an informal de novo hearing. This process ensures impartial reconsideration while maintaining efficiency.•An appeal fee will be required but is reimbursed if the citation is found invalid, discouraging frivolous appeals while preserving fairness.
Benefits of the Administrative Arbiter Process:•Efficiency & Accessibility: Eliminates court delays, procedural complexity, and financial barriers for constituents.•Specialized Review: The Administrative Appeals Officer will have expertise in municipal regulations, ensuring informed and consistent decisions.•Cost-Effectiveness: Reduces expenses for both the city and constituents by streamlining case resolution and limiting the burden on the judicial system.•Fairness & Transparency: Ensures due process while promoting consistency in citation dispute resolutions.
Will there need to be a public hearing for this item?*
Yes
No
Public Process
Public Hearing
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1
SALT LAKE CITY ORDINANCE 1
No. _____ of 2025 2
3
(Providing a general administrative hearing process for violations of the Salt Lake City Code) 4
5
An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to 6
establish a uniform administrative hearing process for civil violations of city code. 7
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of 8
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the 9
resolution of administrative citations; and 10
WHEREAS, the city has a significant interest in the timely and effective resolution of 11
appeals of administrative citations in a manner that provides due process of law; and 12
WHEREAS, after a public hearing on this matter the Salt Lake City Council has 13
determined that adopting this ordinance is in the city’s best interests. 14
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, 15
as follows: 16
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59 17
of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 18
19
2.59.010: PURPOSE: 20
21
It is the purpose of this chapter to provide for the issuance of city subpoenas for any reason to the 22
full extent authorized by state law, including, but not limited to, Utah Code Ssection 10-3-610, 23
Utah Code Annotated. 24
25
2.59.020: EXECUTIVE BRANCH SUBPOENAS: 26
27
The executive branch may authorize subpoenas to compel the attendance of witnesses located 28
within the state to give testimony or to produce records and documents or other items. 29
30
2
A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a 31
department head. 32
33
B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney, 34
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an 35
appropriate exercise of administrative power prior to the recorder issuing the subpoena. 36
37
2.59.030: LEGISLATIVE BRANCH SUBPOENAS: 38
39
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas 40
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote 41
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney, 42
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder. 43
44
2.59.035: ADMINISTRATIVE APPEALS OFFICERLAW JUDGE SUBPOENAS: 45
46
A. A city appointed administrative appeals officer may issue subpoenas in connection with 47
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters 48
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged 49
and/or nonconfidential documents at such proceedings. 50
51
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or 52
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the 53
subpoena are not helpful to decide the issues at the hearing considering the significance and 54
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or 55
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay 56
or to cause an undue burden. 57
58
C. The administrative appeals officer shall consider objections by the parties and any non-59
party subject to a subpoena pursuant to the applicable policies and procedures for such 60
administrative hearing. 61
62
D. The administrative appeals officer shall comply with the procedures for issuance of a 63
subpoena as set forth in the applicable policies and procedures for such administrative hearing. 64
65
2.59.040: ISSUANCE OF SUBPOENAS: 66
67
A. All cityexecutive or legislative subpoenas shall be issued by the city recorder's office. 68
The recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for 69
which the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the 70
subpoena was issued. 71
72
B. All executive or legislative subpoenas shall be issued with an original and a copy. The 73
original, together with proof of service, shall be returned to the recorder's office and a copy left 74
with the person upon whom it is served. 75
76
3
C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena" 77
and shall state whether it is before the legislative branch or the executive branch. The subpoena 78
shall state the title of the matter being heard and shall command each person to whom it is 79
directed to attend and give testimony and/or produce records or documents at a time and place 80
specified in the body of the subpoena. 81
82
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal 83
matters as provided by law. 84
85
2.59.050: PRODUCTION OF RECORDS OR DOCUMENTS: RESERVED 86
87
Any party may subpoena public records or documents from the city. No party, including the city, 88
may require documents to be produced which are confidential in accordance with state law, or 89
city policy or procedure, or which are private papers of the government. Police internal affairs 90
files are confidential and private files and may not be produced. Ongoing criminal investigations 91
are also confidential and private files and may not be produced. 92
93
2.59.060: SERVICE OF CITY SUBPOENAS: 94
95
A. Service of city subpoenas may be made by any city employee or by any person who 96
meets the requirements of rule 4 of the Utah rules of civil procedure. 97
98
B. Service shall be in accord with rule 4 of the Utah rRules of cCivil pProcedure. 99
100
2.59.070: SUBPOENAS BY OTHER PARTIES:RESERVED 101
102
Any person who is subject to an administrative hearing before the city may, upon the payment of 103
the costs of the recorder for issuing subpoenas, have the city recorder's office issue subpoenas to 104
compel the attendance of persons or the production of nonprivileged and/or nonconfidential 105
documents at the hearing. The person shall make his/her own arrangements for service of the 106
subpoena. 107
108
2.59.080: PAYMENT OF SUBPOENA COSTS: 109
110
A. Cost Oof Subpoenas Issued Oon Behalf Oof Tthe City: All costs of service and witness 111
fees for subpoenas issued on behalf of the city shall be paid by the department (including the 112
mayor's office or the city council) on whose behalf the subpoena was issued, unless or until a 113
fund is created to pay for these costs. These costs shall include witness fees and mileage. 114
115
B. Subpoenas Issued Oon Behalf Oof Other Parties: All costs of service and witness fees for 116
subpoenas issued on behalf of any person other than the city shall be paid by the person 117
requesting issuance of the subpoena. 118
119
C. City Documents: Any party requesting city production of city documents shall pay all the 120
costs of producing the documents, including, but not limited to, the search costs, employee salary 121
4
costs and cost of reproduction of the documents. Each department required to furnish the 122
documents shall collect its own costs. 123
124
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Ssection 78B-1-125
11921-5-4, Utah Code Annotated, as amended from time to time or its successor statutes. 126
127
2.59.090: ENFORCEMENT OF SUBPOENAS: 128
129
A. Any party who willfully fails to comply with the subpoena, or who, having appeared, 130
refuses to answer any question pertinent to the matter under inquiry, except in accord with 131
privileges granted by law, shall be guilty of a misdemeanor and punished in accord with the 132
punishments set by the state for class B misdemeanors. 133
134
B. In addition to criminal penalties, the subpoenaing party may also have the right of access 135
to the court for judicial enforcement of administrative subpoenas. 136
137
SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter 138
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows: 139
CHAPTER 2.75 140
ENFORCEMENT OF CIVIL VIOLATIONS 141
2.75.010: Definitions: 142
2.75.020: Hearing Officer: 143
2.75.030: Civil Violations: 144
2.75.040: Attorney Fees: 145
146
2.75.010: DEFINITIONS: 147
Whenever the following terms are used in this chapter, they shall have the meanings set forth 148
herein: 149
150
ASSESSMENTS: Means and includes, but is not limited to, late charges, administrative fees, 151
attorney fees, court costs, and traffic school fees. 152
153
CIVIL CITATION (Also Known As CIVIL NOTICE OF VIOLATION OR CIVIL NOTICE): A 154
notice that a civil violation of this code has occurred, issued by an officer or other person 155
authorized to issue such notice consistent with Utah Code Annotated section 10-3-703 or other 156
applicable laws or state statutes or their successors. 157
5
158
CIVIL PENALTY: The fine, forfeitures, assessments or combination thereof imposed by the Salt 159
Lake City justice court. 160
161
CIVIL VIOLATION: A noncriminal violation of Salt Lake City ordinances designated as civil 162
violations. 163
164
HEARING OFFICER: An individual designated as a hearing officer, violation coordinator or 165
referee, or such other person who has authority to make decisions regarding civil or criminal 166
citations that have been issued by an enforcement officer, before the matter is referred to a 167
justice court judge. ( 168
2.75.020: HEARING OFFICER: 169
A. Duties: Consistent with the policies and procedures promulgated by the justice court, the 170
hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and 171
assessments owed; reduce civil penalties owed; dismiss citations upon payment of fees; enter 172
into agreements for the timely or periodic payment of penalties, surcharges and assessments; 173
and perform such other duties as deemed necessary or desirable by the justice court to carry 174
out the purposes of this chapter in accordance with justice and equity. 175
B. Accountability: The hearing officer shall serve as staff for the justice court but shall be 176
supervised as an employee, under the direction of the city justice court director or his/her 177
designee. 178
2.75.030: CIVIL VIOLATIONS: 179
180
A. When an enforcement officer determines that a civil violation of this code has occurred, the 181
officer shall issue a civil citation, the matter shall be handled by the justice court, and the 182
penalty for such civil violation shall be as provided in section 1.12.050 of this code, or its 183
successor. 184
B. Any person having received a civil citation shall, within twenty (20) days, either pay the 185
civil penalty as contained in the default penalty schedule or file a written request for a 186
hearing before the justice court. 187
C. Any person receiving a civil citation who requests a hearing shall discuss the matter with a 188
hearing officer for informal resolution prior to the hearing before the justice court. 189
D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. 190
E. If the civil penalties payable to the city remain unsatisfied and no written request for a 191
hearing has been filed after twenty (20) days from the issuance of the civil citation, the city 192
6
may use such lawful means as are available to collect such penalties, including late charges, 193
administrative and court costs and attorney fees. Any additional penalties are stayed upon 194
filing the request for hearing, until judgment is rendered in the matter. 195
2.75.040: ATTORNEY FEES: 196
A. If an attorney for the city assists the collections division of the city's finance department in 197
an enforcement or collection action involving a citation for a civil violation of this code, then 198
an attorney fee in the amount set forth in the Salt Lake city consolidated fee schedule shall be 199
assessed against the individual or entity that received the citation. This attorney fee shall be 200
assessed in addition to any other fees that may lawfully be assessed in such circumstances. 201
B. The attorney fee set forth in subsection A of this section shall not be imposed where the 202
imposition of the attorney fee: 203
1. Conflicts with federal, state or local law; or 204
2. Conflicts with a binding contract between the city and the entity or individual required 205
to make payments to the city. 206
207
Article I 208
GENERAL PROVISIONS 209
210
2.75.010: PURPOSE AND INTENT: 211
2.75.020: SCOPE: 212
2.75.030: EXISTING LAW CONTINUED: 213
2.75.040: CRIMINAL PROSECUTION RIGHT: 214
2.75.050: DEFINITIONS: 215
216
2.75.010: PURPOSE AND INTENT: 217
218
For specified administrative citations, as more particularly defined and designated in the Salt 219
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford 220
the recipient of such citation due process of law. Due process shall require proper notice of the 221
nature of the violation and the opportunity to be heard. 222
223
224
2.75.020: SCOPE: 225
226
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are 227
enforced through the issuance of an administrative citation and occur within Salt Lake City limits 228
7
and such territory outside Salt Lake City limits over which the city has jurisdiction or control by 229
virtue of any law or constitutional provision. However, if a more specific enforcement procedure 230
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that 231
specifically-enumerated enforcement procedure shall apply. 232
233
234
2.75.030: EXISTING LAW CONTINUED: 235
236
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake 237
City Code and shall be read in harmony therewith. 238
239
240
2.75.040: CRIMINAL PROSECUTION RIGHT: 241
242
The provisions of this chapter shall not be construed to limit the city’s right to prosecute a 243
violation of the Salt Lake City Code as a criminal offense. 244
245
246
2.75.050: DEFINITIONS: 247
248
In the construction of this chapter, the following words and phrases shall be as defined as set 249
forth in this section: 250
251
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct 252
administrative enforcement hearings. 253
254
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation. 255
The term “administrative citation” shall be deemed to include any reference in this code to a 256
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of 257
abatement, or other notice of any adverse municipal decision for which the right to an 258
administrative enforcement hearing is specifically provided by ordinance. 259
260
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative 261
violation, including but not limited to costs incurred in preparing for and attending an 262
administrative enforcement hearing. 263
264
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative 265
appeals officer pursuant to the procedures established by this chapter. 266
267
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals 268
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil 269
penalties and administrative costs. 270
271
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has 272
elected not to prosecute as a criminal citation. The term “administrative violation” shall be 273
8
deemed to include any reference in this code to a “civil violation” where such civil violation is 274
subject to the processes and procedures set forth in this chapter. 275
276
CITY: The city of Salt Lake City, Utah. 277
278
CITY COUNCIL: The legislative body of Salt Lake City, Utah. 279
280
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance 281
of an administrative citation for a violation of the Salt Lake City Code. 282
283
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative 284
violations through an initial determination conducted prior to an administrative enforcement 285
hearing. 286
287
INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the 288
hearing officer reviews the evidence provided by the responsible person to whom the 289
administrative citation corresponds and makes a determination as to whether such evidence 290
justifies upholding or dismissing the administrative citation. 291
292
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of 293
abatement actions taken by the city and provides an itemized statement of costs for those actions. 294
295
MAYOR: The mayor of Salt Lake City, Utah. 296
297
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement 298
actions taken by the city and provides an itemized statement of costs for those actions. 299
300
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association, 301
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or 302
employee of the same, or any other entity or individual recognized by law as having rights or 303
duties. 304
305
RESPONSIBLE PERSON: A responsible person includes: 306
307
A. A person who causes or materially contributes to the causation of an administrative 308
violation or is otherwise responsible for an administrative violation as set forth in the 309
Salt Lake City Code; or 310
B. A person whose agent, employee, or independent contractor causes or materially 311
contributes to the causation of an administrative violation; or 312
C. The owner or occupant of real property within the city’s jurisdiction at which a 313
violation of the Salt Lake City Code occurs or exists. 314
315
316
Article II 317
ENFORCEMENT AUTHORITY 318
319
9
2.75.060: ADOPTION OF POLICY AND PROCEDURES: 320
2.75.070: DESIGNATION OF HEARING OFFICERS: 321
2.75.080; POWERS OF HEARING OFFICERS: 322
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 323
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS: 324
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 325
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 326
327
328
2.75.060: ADOPTION OF POLICIES AND PROCEDURES: 329
330
The chief administrative officer, or his/her designee, shall establish policies and procedures 331
addressing the enforcement of civil violations if such policies and procedures are consistent with 332
the provisions of this chapter. 333
334
335
2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE: 336
337
A. The department responsible for issuing the administrative citation may elect to refer 338
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and 339
2.75.170. In the event such election is not made, such department shall provide a similar 340
informal process to evaluate any evidence provided by the recipient of an administrative citation 341
that a violation did not occur or that there is good cause to rescind or otherwise provide relief 342
from the administrative citation. The administrative enforcement hearings process set forth in 343
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental 344
initial determination. 345
346
B. The department of finance shall designate hearing officers through any process consistent 347
with the city’s human resources policies and procedures. A hearing officer may be a city 348
employee. 349
350
351
2.75.080: POWERS OF HEARING OFFICERS: 352
353
A. A hearing officer shall conduct informal initial determinations regarding violations of the 354
Salt Lake City Code as provided in this chapter. 355
356
B. The hearing officer shall have the authority to: 357
358
1. Determine whether a violation has occurred; and 359
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or 360
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil 361
penalty associated with the administrative citation; or 362
4. Uphold the administrative citation without reducing the civil penalty associated with 363
the administrative citation. 364
365
10
366
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 367
368
A. The mayor, with the advice and consent of the city council, shall appoint one or more 369
administrative appeals officers to conduct administrative enforcement hearings. 370
371
B. An administrative appeals officer: 372
1. Shall not participate in any appeal in which the officer has a conflict of interest 373
prohibited by Chapter 2.44; and 374
2. Shall be either law trained or have significant experience with the requirements and 375
operations of administrative hearing processes. 376
377
C. An administrative appeals officer shall serve for renewable terms of three years and, 378
during any three-year term, shall be subject to removal by the mayor only for cause. 379
380
381
2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS: 382
383
A. Except where a more specific enforcement appeal process is provided for in the Salt 384
Lake City Code, and, where a responsible person or the city has properly requested an 385
administrative enforcement hearing, an administrative appeals officer shall hear appeals 386
challenging any administrative citation. 387
388
B. An administrative appeals officer shall have authority to hold an administrative 389
enforcement hearing for violations of the Salt Lake City Code and such other matters as 390
specifically designated by ordinance. 391
392
C. Standard of Review: The standard of review for an appeal shall be de novo. The 393
administrative appeals officer shall review the matter anew, based upon applicable 394
procedures and standards for approval, and shall give no deference to the decision 395
resulting in the administrative citation. The administrative appeals officer shall uphold 396
the administrative citation unless it is not supported by substantial evidence or it 397
violates a law, statute, or ordinance in effect when the administrative citation was 398
issued. 399
400
D. Burden of Proof: The appellant has the burden of proving that the administrative 401
citation is incorrect, or in the event the city is the appellant, that the hearing officer 402
erred. 403
404
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may 405
modify the administrative citation. 406
407
F. After issuing a decision on the appeal, an administrative appeals officer has continuing 408
jurisdiction over the subject matter of an administrative enforcement hearing for the 409
purposes of: issuing further administrative orders to obtain compliance with the 410
decision, authorizing the city to enter upon private property to abate a violation, 411
11
modifying an administrative order, staying an administrative order, assessing costs of 412
abatement, assessing a civil penalty, or, where extraordinary circumstances exist, 413
granting a new hearing. 414
415
G. An administrative appeals officer shall not make any order contrary to any law or that 416
would require or allow a person to violate state law or city ordinance. 417
418
H. An administrative appeals officer may issue administrative subpoenas pursuant to 419
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to 420
Section 2.75.060. 421
422
423
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 424
425
It shall be unlawful for any person to willfully make a false statement or refuse to give the 426
person’s name or address with intent to deceive or interfere with the performance of the official 427
duties of the person issuing the administrative citation, the hearing officer, or the administrative 428
appeals officer under the provisions of this chapter. 429
430
431
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 432
433
Whenever any act or omission is made unlawful in this chapter, it shall include causing, 434
permitting, aiding, or abetting such act or omission. 435
436
437
Article III 438
ADMINISTRATIVE ENFORCEMENT PROCEDURES 439
440
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 441
2.75.140: ADMINISTRATIVE CITATION: 442
2.75.150: CIVIL PENALTIES ASSESSED: 443
2.75.160: REQUEST FOR INITIAL DETERMINATION: 444
2.75.170: INITIAL DETERMINATION PROCEDURES: 445
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING: 446
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 447
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 448
2.75.210: APPEAL TO DISTRICT COURT: 449
2.75.220: SETTLEMENT AGREEMENTS: 450
451
452
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 453
454
Administrative citations and timely appeals thereof shall be processed using the following 455
procedural framework: 456
457
12
A. When there is a determination that a violation of the Salt Lake City Code has occurred, 458
any authorized city personnel may issue an administrative citation for such violation to 459
the responsible person; 460
461
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or 462
such longer period if stated on the administrative citation, either (1) comply with the 463
terms of the administrative citation, including payment of any specified civil penalty then 464
due, or (2) file a written request for an initial determination on a form provided by the 465
department of finance. The written request for an initial determination shall include a 466
statement describing the grounds that support the person’s challenge to the administrative 467
citation and shall be accompanied by any evidence the person desires to submit to a 468
hearing officer. After reviewing such written request and the submitted evidence, a 469
hearing officer shall render a written determination regarding the challenged 470
administrative citation. The written determination shall promptly be sent to all parties to 471
the initial determination. 472
473
C. If the recipient of the administrative citation does not agree with the determination of the 474
hearing officer, then the recipient of the administrative citation shall file a written request 475
for an administrative enforcement hearing and pay the administrative enforcement 476
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10) 477
days of the hearing officer’s written decision. After such a request for hearing is received, 478
an administrative enforcement hearing will be held and an administrative appeals officer 479
will issue an administrative enforcement order regarding the administrative citation. 480
481
D. Within thirty (30) days of the date the administrative enforcement order is issued, both 482
the city and the recipient of the administrative citation shall have the right to appeal the 483
administrative enforcement order by filing a petition for review with the Third District 484
Court of Utah. 485
486
487
2.75.140: ADMINISTRATIVE CITATION: 488
489
A. An administrative citation may be issued to any responsible person. 490
491
B. The administrative citation shall include the following information: 492
1. Name of responsible person (if the name of the responsible person cannot 493
reasonably be ascertained, then a description of the real or personal property that 494
is the subject of the violation shall suffice); 495
2. Location of violation; 496
3. Date when the violation is observed; 497
4. A code citation and a description of each violation; 498
5. The amount of the civil penalty that corresponds to each violation; 499
6. Procedures for paying civil penalties; 500
7. Any instructions or other guidance specific to the facts of the violation at issue 501
and any corrective action available to the responsible person other than payment 502
of the civil penalty, if applicable; and 503
13
8. Procedures to request an initial determination and a description of the 504
consequences for failure to request or appear at such initial determination. 505
506
C. Notice of an administrative citation shall be issued to a responsible person in the 507
following manner: 508
509
1. Personally delivering the administrative citation to the responsible person; or 510
2. Sending the citation by first class mail, postage prepaid, to the responsible 511
person; or 512
3. Posting a copy of the administrative citation on the real or personal property 513
that gave rise to the administrative citation. 514
515
D. Service of an administrative citation is effective upon utilizing any method of issuance 516
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A 517
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2. 518
519
520
2.75.150: CIVIL PENALTIES ASSESSED: 521
522
A. Any person receiving an administrative citation shall comply with the terms of the 523
administrative citation, including payment of any specified civil penalty then due, unless 524
an initial determination is requested. 525
526
B. If the Salt Lake City Code states that the civil penalty for a particular administrative 527
violation will be reduced if payment is received within a specified time period, then the 528
city’s receipt of either payment or a request for an initial determination prior to the 529
expiration of that specified time period will permit the recipient of the administrative 530
citation to receive that penalty reduction. However, after all requested determinations and 531
hearings have been concluded, a person may forfeit such penalty reduction by failing to 532
timely pay any civil penalty ordered by the hearing officer or administrative appeals 533
officer, as applicable. 534
535
C. The civil penalty for each violation listed on an administrative citation shall be as set 536
forth in the Salt Lake City Code. 537
538
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an 539
initial determination has been timely filed, the city may use such lawful means as are 540
available to collect such civil penalties. 541
542
543
2.75.160: REQUEST FOR INITIAL DETERMINATION: 544
545
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or 546
such longer period if stated on the administrative citation, either (1) comply with the 547
terms of the administrative citation, including payment of any specified civil penalty then 548
14
due, or (2) file a written request for an initial determination on a form provided by the 549
department of finance. 550
551
B. Any recipient of an administrative citation may request a copy of the documents 552
maintained by the city supporting the administrative citation. 553
554
C. A request for an initial determination shall be submitted to the department of finance, 555
either electronically or by submitting a hard copy document, on a form provided by the 556
department of finance. The request shall include: 557
558
1. The administrative citation number or case file number, as applicable; 559
2. The name, physical address, telephone number, and email address of the person 560
requesting the initial determination; 561
3. A statement describing the grounds that support the person’s challenge to the 562
administrative citation, which shall set forth every theory of relief that will be presented to the 563
hearing officer; and 564
4. Any evidence the person desires to submit for the initial determination. 565
566
D. Failure by a person to timely request an initial determination shall constitute a waiver of 567
the right to any initial determination and administrative enforcement hearing and a waiver 568
of the right to challenge the administrative citation. If an initial determination is not 569
timely requested and administrative citation is not complied with then the city may elect 570
to enforce the administrative citation by any lawful means. 571
572
573
2.75.170: INITIAL DETERMINATION PROCEDURES: 574
575
A. A request for an initial determination filed in compliance with the requirements of 576
Section 2.75.160 shall be processed as follows: 577
578
1. The city shall bear the burden of proof to establish the existence of a violation of the 579
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence. 580
2. The hearing officer shall review the written request for an initial determination, 581
including the arguments and evidence set forth therein; 582
3. The hearing officer shall also review any evidence related to the administrative citation 583
provided by the issuer thereof; and 584
4. The hearing officer shall issue a written determination regarding the administrative 585
citation within five (5) business days from the date the written request for an initial 586
determination is received. The hearing officer’s written decision may: 587
588
a. Dismiss the administrative citation; 589
b. Uphold the administrative citation and reduce the associated civil 590
penalty; or 591
c. Uphold the administrative citation without reducing the associated 592
civil penalty. 593
594
15
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty 595
associated therewith as follows: 596
597
1. If the person receiving the administrative citation is not the responsible party; 598
2. If the administrative citation does not comply with Section 2.75.140. 599
3. The city has failed to prove by a preponderance of the evidence that the violation 600
identified in the administrative citation occurred. 601
4. Imminent injury to persons or property would result from compliance with the 602
administrative citation. 603
5. All corrective actions outlined in the notice of violation were completed on or before 604
the compliance date. 605
6. Such mitigating circumstances expressly identified in the Salt Lake City Code 606
corresponding to the specific violation at issue. 607
7. When conducting an initial determination involving an alleged violation for 608
unauthorized use of streets, a hearing officer may only dismiss an administrative citation 609
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set 610
forth in Section 12.56.570, or its successor. 611
8. Civil penalties shall not be reduced where a violation is sustained by the hearing 612
officer but the responsible person has not yet complied with the corrective action, if any, 613
identified in the administrative citation. 614
9. Or as otherwise limited by law. 615
616
C. A person adversely affected by a hearing officer’s written determination, or written 617
determination of the applicable department if the department has not elected to use an 618
hearing officer pursuant to Section 2.75.070, may appeal that written determination by 619
filing a completed request for an administrative enforcement hearing within ten (10) days 620
of the date on which the written determination was issued. A request for an 621
administrative enforcement hearing shall be made in writing on a form provided by the 622
department of finance and may be filed, either electronically or by submitting a hard copy 623
document, with the department of finance. The request shall include: 624
625
1. The administrative citation number or case file number, as applicable; 626
2. The name, address, telephone number, and email address of the person requesting the 627
hearing; 628
3. A statement describing the grounds that support the person’s challenge to the 629
administrative citation, which shall set forth every theory of relief that will be presented 630
to the administrative appeals officer; 631
4. Any evidence the person desires to submit for the administrative appeals officer’s 632
consideration; and 633
5. An administrative enforcement hearing fee as set forth in the Salt Lake City 634
consolidated fee schedule. However, in no case shall the administrative enforcement 635
hearing fee assessed be greater than the base civil penalty that corresponds to the 636
cumulative administrative violation(s) at issue. In the event that the city is the appellant, 637
no hearing fee shall be payable from either party. The hearing fee shall be due at the time 638
of filing the hearing request. An administrative enforcement hearing request shall not be 639
considered complete until the hearing fee is paid. 640
16
641
a. If the citation recipient prevails at the administrative enforcement 642
hearing, the administrative enforcement hearing fee shall be refunded to 643
the citation recipient. Otherwise, no refund of the hearing fee shall be 644
granted. A modification of the administrative citation or mere reduction in 645
the civil penalty shall not render the citation recipient the prevailing party. 646
647
D. Failure by a person to timely request an administrative enforcement hearing shall 648
constitute a waiver of the right to make any further challenge regarding the administrative 649
citation or result of the initial determination. If an administrative enforcement hearing is 650
not timely requested and the hearing officer’s written determination, or the written 651
determination of the applicable department if the department has not elected to use a 652
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city 653
may elect to enforce the administrative citation, or written determination to the extent it 654
modified the administrative citation, by any lawful means. 655
656
657
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT 658
HEARING: 659
660
A. Upon receipt of a request for an administrative enforcement hearing the administrative 661
appeals officer shall schedule and hold a hearing in accordance with the standards and 662
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open 663
to the public and shall be recorded. 664
665
B. Notification of the date, time and place of the hearing shall be given a minimum of 666
twelve (12) calendar days in advance of the hearing. 667
668
C. Time Limitation: All administrative enforcement hearings shall be held within one 669
hundred eighty (180) days of the written determination by the hearing officer, or department if 670
applicable. Appeals not heard within this time frame will be considered moot and the associated 671
administrative citation withdrawn by the city. 672
673
D. If a person, without good cause, fails to appear at an administrative enforcement hearing 674
then the administrative appeals officer may (1) render a decision based solely upon the 675
arguments and evidence submitted prior to the hearing by the non-appearing party and any 676
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision 677
by default to the appearing party. The administrative appeals officer shall have discretion to 678
determine whether good cause for an absence exists. 679
680
681
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 682
683
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules 684
of evidence and discovery shall not apply. No later than five (5) business days prior to the 685
hearing the party that did not request the hearing shall provide the other an electronic 686
17
copy of any documents, photographs or other tangible evidence it intends to present at the 687
hearing and both parties shall provide a list of the witnesses that will testify at the 688
hearing. If an administrative citation arises from a complaint by a person who is not a city 689
employee, the complainant’s information shall not be disclosed or released other than the 690
inclusion of a complainant’s name in a witness list if the complainant will be a witness at 691
the hearing. 692
693
B. Each party shall have the right to be represented by an attorney at their sole cost and 694
expense. If an attorney will be representing a responsible person at a hearing, notice of 695
the attorney’s name, telephone number, and email address shall be provided at least two 696
(2) business days prior to the hearing. If such notice is not given, the hearing may be 697
continued at the city’s request, and all costs of the continuance may be assessed to the 698
responsible person. 699
700
C. No new hearing shall be granted unless the administrative appeals officer determines that 701
extraordinary circumstances exist that justify a new hearing. 702
703
D. Hearings shall be conducted in a manner as to afford the parties due process and in 704
accordance with the policies and procedures adopted pursuant to Section 2.75.060. 705
706
E. The burden to prove any defense shall be upon the party raising such defense. 707
708
F. After considering all applicable evidence, testimony, and defenses presented, the 709
administrative appeals officer shall issue a written administrative enforcement order in 710
accordance with the requirements and criteria set forth in Section 2.75.200. 711
712
713
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 714
715
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs 716
later, the administrative appeals officer shall, within ten (10) business days, issue a written 717
administrative enforcement order that includes findings of fact and conclusions of law that 718
support the administrative appeals officer’s decision and, if applicable, the action required of the 719
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement 720
hearing the administrative appeals officer may assign the party who prevailed, if represented by 721
counsel, the task of preparing proposed findings of fact and conclusions of law. 722
723
B. Depending on the nature of the administrative violation at issue, an administrative 724
appeals officer may issue an administrative enforcement order that orders any of the 725
following: 726
727
1. Dismisses an administrative citation, or dismisses one or more of the administrative 728
violations associated with the administrative citation. 729
2. Requires a responsible person to cease and desist from committing or otherwise abate 730
the conditions causing the administrative violations identified in the administrative 731
citation; 732
18
3. Requires a responsible person to take any necessary corrective action to avoid 733
committing or to cease committing the administrative violations and establish 734
deadlines for the same; 735
3. Imposes civil penalties as set forth in this code; 736
4. Permits the city to enter property identified in the administrative citation and abate all 737
violations; 738
739
a. Whenever an order of abatement is entered the administrative appeals 740
officer shall also order the responsible person to pay to the city the actual 741
costs of the abatement and any administrative costs the city incurs in 742
performing the abatement. 743
744
5. Reduces the civil penalties associated with one or more administrative violations, 745
except that no such reduction shall be ordered when the violation is sustained but the 746
responsible person has not yet complied with the corrective action affirmed or 747
ordered by the administrative appeals officer; 748
6. Establishes specific deadlines for the payment of civil penalties and administrative 749
costs; 750
7. Denies, revokes, or suspends a city license, permit or other city approval; 751
8. Provides for subsequent review hearings as may be necessary to ensure compliance 752
with an administrative enforcement order; 753
9. Imposes any other applicable penalties or fees in accordance with the provisions set 754
forth in this code. 755
756
C. In considering a request to modify civil penalties imposed in connection with an 757
administrative citation an administrative appeals officer may consider any or all of the 758
following factors: 759
1. Duration, frequency, and reoccurrence of a violation; 760
2. Seriousness of a violation; 761
3. History of a violation; 762
4. Good faith effort by a responsible person to comply with the administrative citation or, 763
if applicable, the administrative enforcement order; 764
5. Prior record of city code violations; and 765
6. Any other factor appropriate to a just result. 766
767
D. Promptly after an administrative enforcement order is issued it shall be sent either by 768
mail to the address or to the email address identified on the administrative enforcement 769
hearing request. An administrative enforcement order shall be deemed final on the date it 770
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be 771
extended by 7 days for order sent by mail. 772
773
E. If a responsible person fails to comply with the terms set forth in an administrative 774
enforcement order, the city may use all appropriate legal means to obtain compliance 775
thereof and recover civil penalties and administrative costs, including attorney’s fees. 776
777
778
19
2.75.210: APPEAL TO DISTRICT COURT: 779
780
A. The city or any responsible person adversely affected by a final administrative 781
enforcement order may file a petition for review with the Third District Court of Utah. The scope 782
of review shall be limited to the record before the administrative appeals officer. The court shall 783
presume the final administrative enforcement order is correct and shall not reweigh the evidence. 784
The administrative enforcement order may be overturned if it is illegal or arbitrary and 785
capricious. The administrative enforcement order shall be upheld if it is supported by substantial 786
evidence. 787
788
B. A petition for review shall be barred unless it is filed within thirty (30) days after the 789
administrative enforcement order is final. 790
791
C. The recording of the administrative enforcement hearing, any available minutes, evidence 792
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding, 793
shall be provided by the city to the district court after the filing of a petition for review. 794
795
D. The filing of a petition for review in district court does not stay the final decision of the 796
administrative appeals officer. 797
798
799
2.75.220: SETTLEMENT AGREEMENTS: 800
801
At any time the recipient of an administrative citation and the city may enter into a stipulated 802
settlement agreement, which shall be signed by both parties. An executed settlement agreement 803
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver, 804
as to the merits of the administrative citation, of any right to an initial determination, an 805
administrative enforcement hearing, and an appeal to district court, to the extent not yet 806
conducted. 807
808
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section 809
2.84.100 of the Salt Lake City Code is hereby amended as follows: 810
811
2.84.100: JURISDICTION AND AUTHORITY: 812
813
The justice court shall have jurisdiction over all matters as provided by law and state statute, 814
including, but not limited to, jurisdiction and authority provided under Utah Code Annotated 815
Title 78A Chapter 7sections 78-5-104, 78-5-105, and 78-5-106, or theirits successors. In 816
accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City 817
ordinances, including, but not limited to, those civil violations which have been designated as 818
civil penalty matters, having been converted by the city from criminal violations, unless city 819
ordinances provide for a different procedure for handling such violations. Civil penalty matters 820
20
shall be managed in accordance with simplified rules of procedure and evidence applicable to 821
small claims courts. 822
823
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section 824
5.02.100 of the Salt Lake City Code is hereby amended as follows: 825
5.02.100: INVESTIGATION; MAYOR’S POWERS AND DUTIES: 826
A. Investigation: The mayor or his/her designee may, pPrior to the issuance of any business 827
license required by this title, the city may investigate any applicant for such license to ensure 828
such applicant, proposed business, and proposed place of business comply with all applicable 829
laws, rules, and regulations. Such investigation may include entry into the proposed business 830
premises.if the mayor has reasonable cause to believe that the applicant: 831
832
1. Has filed an application which is incomplete, erroneous, or false in any respect; 833
2. Fails in any respect to qualify to do business in the city under any federal, state or city 834
law, rule or regulation; or 835
3. Has committed such act or acts as may be grounds for revocation or denial of a license 836
application under any federal, Utah state, or Salt Lake City law, rule or regulation; or 837
4. Investigation is provided by city ordinance. 838
839
B. Documents Productionand Witnesses: Unless the business license application is 840
withdrawn by the applicant, and no business operations are taking place without the required 841
licensetThe citymayor or his/her designee may compel the production of documents and 842
witnesses in order to conduct such investigation as provided by this section. 843
844
C. Application Denial: Upon a finding by the mayor or the designated hearing examiner that 845
the application is in fact incomplete, erroneous or false in any respect, or that the applicant is not 846
qualified to do business in the city under any federal, Utah state or city law, rule or regulation, or 847
that the applicant has committed an act or acts which would justify denial of the application, 848
such application may be denied by the mayor or the designated hearing examiner after hearing, 849
as provided in this chapter.Continuing Powers: In the event that a license is issued pursuant to 850
this title, the license holder and place of business shall be subject to ongoing inspections and 851
investigation to determine continued compliance with the terms and conditions of the license and 852
all applicable laws, rules and regulations. 853
854
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section 855
5.02.115 of the Salt Lake City Code is hereby amended as follows: 856
5.02.115: TIME LIMITATIONS: 857
A. License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city 858
has thirty (30) days in which to complete its review and approve or deny a license. If a review 859
21
cannot be completed within thirty (30) days, a conditional license mayshall be issued to the 860
applicant subject to completion of the review, verifying the applicant meets all license 861
requirements. 862
863
B. Appeal Time Limit: The licensee may appeal the denial of a license by the license 864
supervisor by filing with the license supervisor a written notice of appeal. The notice must be 865
filed within ten (10) days of receipt of notice of denial of the license. 866
867
868
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section 869
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows: 870
5.02.230: RESERVEDLICENSE; HEARING PROCEDURES: 871
Hearings to consider the revocation, suspension, approval, or denial of licenses issued by Salt 872
Lake City Corporation shall be held by or at the direction of the mayor. Notwithstanding the 873
provisions of any other ordinance pertaining to hearings before the mayor for the suspension or 874
revocation of licenses, such hearings may be held either before the mayor, or before any 875
hearing examiner who has been appointed by the mayor, upon the advice and consent of the 876
city council, to conduct such hearings. 877
878
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section 879
5.02.250 of the Salt Lake City Code is hereby amended as follows: 880
881
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS: 882
883
A. Conditions Oof Denial, Suspension Oor Revocation: The licensee shall be responsible for 884
the operation of the licensed premises in conformance with the ordinances of the city. Any 885
business license issued by the city may be suspended or revoked, and any application for any 886
business license or for the renewal of any business license may be denied, by the mayor or the 887
designated hearing examiner, for a period of time not to exceed three (3) years after a hearing 888
held before the mayor or at the mayor's direction, upon a finding by the mayor or the designated 889
hearing examiner of a violation of or conviction ofdue to any of the following arising out of or 890
otherwise related to the application for, or the operation of, the business at issuewith respect to 891
the licensee or licensee's operator or agent: 892
893
1. The applicant or place of business does not meet the qualifications for a license; 894
2. Nonpayment of required fees; 895
3. An incomplete application; 896
4. Noncompliance with any requirement or condition associated with a city approval 897
associated with the business (i.e. conditional use permit, development agreement, 898
variance); 899
22
15. A violation of or a conviction for violating any ordinance regulating or governing 900
the business for which said license was granted; or 901
26. A violation of or conviction for violating any other city ordinance or law of the 902
state which affects the health, welfare or safety of its residents, including, but not limited 903
to, a public nuisance, and which violation or conviction relates to the business so licensed 904
or to be licensed; or 905
37. A violation of or conviction for violating an ordinance which violation or 906
conviction resulted from the operation of the business so licensed; or 907
48. Any material misrepresentation or any fraud perpetrated on the licensing authority 908
through application for, or operation of, said business.; or 909
9. The applicant or licensee has refused authorized representatives of the city access 910
to the place of business for the purpose of an inspection or has interfered with such 911
representatives while in the performance of their duty in making such inspection. 912
913
914
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to, 915
other grounds for the denial, suspension or revocation of any license as provided for by 916
ordinance. 917
918
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding, 919
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 920
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution 921
of obscene material. 922
923
924
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section 925
5.02.260 of the Salt Lake City Code is hereby amended as follows: 926
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE: 927
928
A. Hearing Required; Notice: Any suspension, revocation or denial of the renewal of a 929
license may be appealed pursuant to Chapter 2.75. Suspension or revocation shall not take effect 930
until the time period for appealing the decision has expired or, if applicable, a decision is issued 931
as a result of a timely appeal.by the City shall not be imposed until a hearing is first held before 932
the Mayor or a hearing examiner appointed by the Mayor. Reasonable notice of the time and 933
place of the hearing, together with notice of the nature of the charges or complaint against the 934
licensee, premises or applicant sufficient to reasonably inform the licensee or applicant and 935
enable him/her to answer such charges and complaint, shall be served upon the licensee or 936
applicant personally or by mailing a copy to the licensee or applicant at his or her last known 937
address. 938
B. Hearing Procedures: All witnesses called at such hearings shall be sworn by a person 939
duly authorized to administer oaths, and a record of such hearing shall be made by a recording or 940
a court reporter. A licensee or applicant shall have the right to appear at the hearing in person or 941
by counsel, or both, present evidence, present argument on the licensee's or applicant's behalf, 942
cross examine witnesses, and in all proper ways defend the licensee's or applicant's position 943
23
944
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section 945
5.02.270 of the Salt Lake City Code is hereby amended as follows: 946
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN: 947
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person, 948
corporation or firm who has had a license suspended, revoked or denied by the Mayor or the 949
Mayor's designated hearing examiner to reapply for or obtain a license, or operate a business, 950
which has been so suspended, revoked or denied during the time that said license has been 951
revoked, suspended or denied or for a period of one (1) year from the effective date of said 952
suspension, revocation, or denial if no period of debarment is specified by the order of 953
suspension, revocation, or denial. 954
955
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290, 956
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are 957
hereby repealed in their entirety. 958
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS: 959
960
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the 961
City Council, and the Mayor or any hearing examiner shall have power and authority to call, 962
preside at and conduct hearings to consider the suspension, revocation, denial or approval of 963
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and 964
receive evidence, compel the attendance of witnesses, and compel the production of documents. 965
966
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER: 967
968
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its 969
successor section, the hearing examiner shall issue or adopt written findings of fact and 970
conclusions of law and an order which is based upon and supported by the evidence presented at 971
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance, 972
and shall be binding upon all parties as of the date and time of such issuance. The City and the 973
licensee or applicant may appeal such findings, conclusions and order to a court of competent 974
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such 975
findings, conclusions and order. 976
977
5.02.310: SUBPOENAS: 978
979
At the request of any party, subpoenas for attendance at any hearing or for production of books, 980
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this 981
Code or its successor chapter. 982
24
983
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That 984
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows: 985
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONSLICENSE; NOT REQUIRED 986
WHEN: 987
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any 988
person: 989
1. Engaged in business for solely religious, charitable, eleemosynary, or other types of 990
strictly nonprofit purpose who is tax exempt in such activities under the laws of the 991
United States and the state of Utah; 992
2. Engaged in a business specifically exempted from municipal taxation and fees under the 993
laws of the United States and the state of Utah; 994
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation 995
and located exclusively at the Utah State Fair Park during the period of the annual Utah 996
State Fair; or 997
4. Not maintaining a place of business within the city who has paid a like or similar license 998
tax or fee to some other taxing unit within the state, and which taxing unit exempts from 999
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing 1000
business in such taxing unit. 1001
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of 1002
this section shall not apply to any disproportionate fees which may be applicable under 1003
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or 1004
charges which may be required under this code. 1005
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter 1006
into reciprocal agreements with the proper officials of other taxing units, as may be deemed 1007
equitable and proper in effecting the exemption provided for in subsection A of this section. 1008
Nothing in this section shall preclude the city from reviewing and investigating a business 1009
license application under such a reciprocal agreement, and requiring payment of disproportionate 1010
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the 1011
discretion of the city council. 1012
1013
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That 1014
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows: 1015
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED: 1016
25
1017
A. Civil Actions: In all cases where a city ordinance requires that a license be 1018
obtained to carry on or to engage in any business, occupation or calling within the city, and the 1019
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the 1020
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City 1021
against the person failing to pay such license fee, in any court of this state having jurisdiction of 1022
such action, to recover the fee. In any case where several or diverse amounts of license fees 1023
remain due and unpaid by any such person, such several amounts of unpaid license fees may be 1024
joined as separate causes of action in the same complaint in such civil actions. 1025
B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to 1026
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75. 1027
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any 1028
manner interfere with the enforcement of any penalty provision contained in any ordinance of the 1029
city. 1030
1031
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That 1032
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows: 1033
5.08.230: APPEAL PROCEDURES: 1034
1035
A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider 1036
matters relating to violations of this chapter. Civil penalties imposed pursuant to this chapter 1037
shall be subject to the procedures set forth in Chapter 2.75. 1038
1039
B. Any alarm user shall have ten (10) business days from the date of the city's written notice 1040
of a penalty assessment under this chapter to request in writing an appeal hearing before such 1041
hearing officer. The filing of an appeal with the alarm administrator shall stay the assessment of 1042
additional penalties for that violation until the hearing officer makes a final decision. The burden 1043
to prove any matter shall be upon the person raising such matter. It shall not be a defense to any 1044
penalty assessment that: 1) the false alarms were the result of faulty or malfunctioning 1045
equipment; 2) the false alarms were caused by electrical surges; or 3) the false alarms were 1046
caused by the fault of another person during noncriminal incidents. The hearing officer shall 1047
render a decision within ten (10) days after the appeal hearing is concluded. Following issuance 1048
of such decision, additional penalty assessments shall accrue until paid, as provided in this 1049
chapter. 1050
1051
C. If the hearing officer finds that no violation of this chapter occurred, or that a violation 1052
occurred but one or more of the defenses set forth in this section is applicable, Tthe hearing 1053
officer or administrative appealshearing officer, as applicable, may dismiss the penalty and 1054
release the alarm user from liability thereunder, or may reduce the penalty associated therewith 1055
as he or she shall determine if any of the following affirmative defenses are shown. Such 1056
defenses are: 1057
26
1058
1. The false alarm for which the penalty has been assessed did not originate at the 1059
premises of the alarm user who has been assessed the fee; 1060
2. The alarm for which the penalty has been assessed was, in fact, not false, but was 1061
rather the result of an actual or attempted burglary, robbery or other emergency; or 1062
3. The police dispatch office was notified by the permit holder or the alarm company 1063
that the alarm was false prior to the arrival of a peace officer to the subject premises in response 1064
to the false alarm.; or 1065
4. Such other mitigating circumstances as may be approved by the city law 1066
department. 1067
1068
D. If the hearing officer finds that a false alarm did occur and no applicable defense exists, 1069
the alarm administrator may, in the interest of justice and on behalf of the city, enter into an 1070
agreement for the timely or periodic payment of the applicable fees and penalties. 1071
1072
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section 1073
5.09.080 of the Salt Lake City Code is hereby amended as follows: 1074
5.09.080: APPEALS: 1075
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to 1076
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the 1077
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated 1078
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal 1079
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee 1080
until the enforcement official makes a final decision. The owner shall file a written appeal to the 1081
enforcement official by setting forth the reasons for the appeal within fifteen (15) days after 1082
notice is mailed. 1083
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was 1084
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to 1085
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must 1086
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An 1087
appeal must be made in writing stating the reason why the order to disconnect or deactivate 1088
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to 1089
disconnect is mailed to the owner. The enforcement official or his or her designee shall review 1090
the facts and circumstances and shall determine whether the owner has shown good cause why 1091
the order should be withdrawn. If the enforcement official affirms the order to disconnect or 1092
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is 1093
served upon the owner to comply with the order. The appeal of an order to disconnect or 1094
deactivate shall suspend the effective date of the order until the appeal has been acted upon by 1095
the enforcement official. 1096
1097
27
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That 1098
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows: 1099
1100
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter, 1101
or whenever the Ccity has reasonable cause to believe a Code violation exists in any building or 1102
upon any premises which makes such building or premises unsafe, dangerous or hazardous, the 1103
Ccity's duly authorized representative may, after making reasonable efforts toupon obtaining 1104
permission of the owner or other person having charge or control of the premises or dwelling 1105
unit, or upon obtaining a warrant, enter a residential property or premises to inspect it or to 1106
perform any other duties imposed by this chapter. 1107
1108
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section 1109
5.14.120 of the Salt Lake City Code is hereby amended as follows: 1110
5.14.120: ENFORCEMENT: 1111
A. Enforcement of all business licensing standards, except a property’s compliance 1112
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters 1113
5.02, 5.04, and 5.88. 1114
B. Self-Certification Standard Enforcement: In addition to any other remedies 1115
authorized by law or in this title, if the notified party fails to repair or secure the property in 1116
question, the Ccity may pursue any one (1) or more of the following additional remedies: 1117
1. Notice Of Deficiency: The building services divisionSupervisor of Housing 1118
Enforcement may record with the Salt Lake County Recorder's Office a notice of 1119
any conditions that violate the self-certification standards established by the 1120
Ccity. The notice shall be mailed to all notified parties. 1121
2. Criminal Action: Violations of the provisions of self- certification standards 1122
established by the Ccity may be punishable as a Class B misdemeanor upon 1123
conviction. 1124
3. Civil Action: Violations of self-certification standards established by the Ccity 1125
may also be enforced by injunction, mandamus, abatement, civil penalties or any 1126
other appropriate action in law or equity. 1127
CB. Civil penalties may be imposed according to the following procedures: 1128
1. Notice Of Violation: 1129
a. If the housing inspector finds that any provision of this chapter is being 1130
violated, the housing inspector shall provide a written notice to the property 1131
owner and to any other person determined to be responsible for such violation. 1132
28
The written notice shall indicate the nature of the violation and order the 1133
action necessary to correct it. Additional written notices may be provided at 1134
the housing inspector's discretion. 1135
b. The written notice shall state what action the housing inspector intends to take 1136
if the violation is not corrected. The written notice shall include information 1137
regarding the established warning period for the indicated violations and shall 1138
serve to start any warning periods provided in this chapter. 1139
c. Such written notice issued by the housing inspector shall be deemed sufficient 1140
and complete when served upon the person cited: 1141
(1) Personally by the inspector or his or her representative; or by mailing, 1142
postage prepaid, by certified mail or commercial courier addressed to 1143
the person cited at the last known address appearing on the records of 1144
the County Recorder; and 1145
(2) By posting notice on the property where said violation(s) occurs. 1146
d. In cases when delay in enforcement would seriously threaten the effective 1147
enforcement of this chapter, or pose a danger to the public health, safety or 1148
welfare, the housing inspector may seek enforcement without prior written 1149
notice by invoking any of the fines or remedies authorized in this chapter. 1150
e. If the violation remains uncured within five (5) days after the expiration of the 1151
warning period, a second notice of violation shall be delivered by mail, 1152
postage prepaid, addressed to the person cited at the last known address 1153
appearing on the records of the County Recorder. The second notice of 1154
violation shall identify the date on which the civil penalties shall begin to 1155
accrue. 1156
2. Amount of Penalty: Civil penalties shall accrue as follows: 1157
a. Violations of the self-certification standards established by the Ccity: $50.00 1158
per violation per day. If more than 10 violations exist, the daily penalties shall 1159
double. 1160
3. Daily Violations: Each day a violation continues after the citation deadline shall 1161
give rise to a separate civil penalty. 1162
4. Compliance: Accumulation of penalties for violations, but not the obligation for 1163
payment of penalties already accrued, shall stop upon correction of the violation. 1164
5. Recurring Violations: In the case where a violation, which had been corrected, 1165
reoccurs within six (6) months of the initial correction, the Ccity will begin 1166
enforcement of said recurring violation and penalties will begin accruing after a 1167
ten (10) day warning period. 1168
6. Appeals: 1169
29
a. Appeals Contesting the Existence of a Violation: 1170
(1) Appeals contesting the existence of the violation must done in 1171
accordance with Section 18.12.030. 1172
b. Appeals Contesting the Amount of the Penalties Imposed: any person 1173
receiving a notice of violation may appeal the civil fines imposed, but not the 1174
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in 1175
accordance with Section 18.12.050. 1176
1177
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section 1178
5.14.130 of the Salt Lake City Code is hereby amended as follows: 1179
5.14.130: REFUSAL TO PERMIT INSPECTIONS: 1180
If a rental dwelling business license holder, or an agent of such business license holder, refuses 1181
to permit the Ccity to conduct an inspection authorized under this chapter, then the Ccity has 1182
adequate grounds to: 1183
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at 1184
issue; 1185
B. Disqualify the rental dwelling at issue from participation in the Ccity's Landlord/Tenant 1186
Initiative pursuant to chapter 5.15 of this title; 1187
C. After making reasonable efforts to obtaining a warrantpermission of the owner or other 1188
person having charge or control of the premises or dwelling unit, enter a rental dwelling at issue 1189
to inspect it or to otherwise perform duties imposed by this chapter; and/or 1190
D. Pursue any and all other remedies available to the Ccity. 1191
1192
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section 1193
5.15.070 of the Salt Lake City Code is hereby amended as follows: 1194
5.15.070: DISQUALIFICATION: 1195
A. License Office Duties: If the License Office disqualifies an applicant from participating 1196
in the Landlord/Tenant Initiative Program or concludes that an owner hasreceives evidence that a 1197
rental dwelling owner or the owner's agents have, with respect to any rental dwelling, violated 1198
the provisions of this chapter or the owner's rental dwelling management agreement with the 1199
Ccity, the License Supervisor shall: 1200
30
1. Notify the rental dwelling owner of the violation and the basis for such action by 1201
either: 1202
a. Certified mail or commercial courier; 1203
b. Personal service; or 1204
c. Mailing a copy of the notice to the rental dwelling owner and posting a 1205
copy of the same notice at the rental dwelling; and 1206
2. Assess the rental dwelling owner for any disproportionate rental fees 1207
corresponding to such rental dwelling that were reduced under this chapter for the currently 1208
applicable license period. 1209
B. Appeal: A rental dwelling owner or agent who receives a notification and 1210
assessment as provided in subsection A of this section may appeal such action in accordance 1211
with the procedures set forth in Chapter 2.75to the Mayor, or the Mayor's designee, by filing a 1212
written request for a hearing with the City's Business Licensing Supervisor. The hearing shall be 1213
conducted pursuant to the procedures set forth in sections 5.02.260 and 5.02.290 of this title or 1214
their successor sections. 1215
C. No Partial Reduction if DisqualifiedFinding Of Noncompliance: If the owner of a 1216
rental dwelling is disqualified fromit is determined that a rental dwelling owner has not complied 1217
with the requirements of the Landlord/Tenant Initiative Program with respect to a particular 1218
rental dwelling during any portion of the licensing period for which a reduction was provided, 1219
the rental dwelling at issue, shall be disqualified from the program, and the disproportionate 1220
rental fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety 1221
of the term of such rental dwelling business license. The rental dwelling owner shall pay the full 1222
disproportionate rental fee for such rental dwelling for that year. 1223
D. Readmission: After disqualification, the rental dwelling at issue may qualify for 1224
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the 1225
rental dwelling owner has corrected the problems leading to disqualification and has paid all 1226
amounts due in the prior year. 1227
1228
SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section 1229
5.16.100 of the Salt Lake City Code is hereby amended as follows: 1230
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS: 1231
An auctioneer's license may be revoked by the city license supervisor, or an application for 1232
issuance or renewal of such license may be refused by the city license supervisor., if he or she 1233
determines, after notice and hearing: 1234
A. Grounds for Revocation or Denial. 1235
31
1. That the applicant or license holder has committed any of the violations set forth 1236
in sSection 5.02.250 of this title, or its successor; or 1237
B2. That the application of the applicant or license holder contains any false, 1238
fraudulent or misleading material statements; or 1239
C3. That the applicant or license holder has made any false, fraudulent or misleading 1240
material statement in the course of conducting an auction sale of, or in offering for sale at 1241
auction, any real or personal property (goods, wares or merchandise) in the city; or 1242
D4. That the applicant or license holder has perpetrated a fraud upon any person, 1243
whether or not such fraud was perpetrated in the conduct of an auction in the city; or 1244
E5. That the applicant or license holder has violated any of the statutes of the state 1245
relating to auctions or auctioneers; or 1246
F6. That the applicant or license holder has conducted an auction sale in the city or 1247
offered for sale at an auction in the city, any real or personal property (goods, wares or 1248
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the 1249
peace or a menace to the health, safety or general welfare of the public. 1250
B. Such determination may be appealed in accordance with Chapter 2.75. 1251
1252
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That 1253
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety. 1254
5.16.110: RESERVEDDENIAL OR REVOCATION; REQUIRED NOTICE OF 1255
HEARING: 1256
Notice of the hearing provided for in the preceding section shall be given in writing to the 1257
applicant or license holder as provided in section 5.02.260 of this title, or its successor. The 1258
applicant or license holder shall have the right to be represented at such hearing by counsel. Such 1259
hearing shall be conducted in accordance with chapter 5.02 of this title, or its successor. 1260
1261
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section 1262
5.40.120 of the Salt Lake City Code is hereby amended as follows: 1263
5.40.120: LICENSE; REVOCATION CONDITIONS: 1264
Any license granted or extended under this chapter may be revoked or suspended by the Mayor 1265
or the Mayor's designated hearing examiner after a hearing, with notice being given to the 1266
licensee aspursuant to the procedures provided in cChapter 5.02 of this title, or its successor for 1267
32
any of the following reasons:, resulting in an affirmative finding by the Mayor or the Mayor's 1268
designated hearing examiner in any of the following: 1269
A. Any misrepresentation made in obtaining a license; 1270
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed 1271
a crime involving moral turpitude; 1272
C. The violation of any provision of this chapter; 1273
D. A showing of any evidence which provides reasonable grounds for the Mayor to believe 1274
that the licensee has committed or aided in the preparation for or allowed his records, tools, 1275
equipment, facilities or supplies to be used for the commission of any crime. 1276
1277
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040 1278
of the Salt Lake City Code is hereby repealed. 1279
5.51.040: LICENSE ENFORCEMENT ACTION; APPLICABILITY:RESERVED 1280
License enforcement actions, as defined in section 5.51.010 of this chapter, are applicable to 1281
alcohol establishments only. Off premises beer retailers are subject, when applicable, to the 1282
enforcement requirements set forth in section 32A-10-103, Utah Code Annotated (2009) or the 1283
enforcement provisions set forth in section 5.02.260 of this title. 1284
1285
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050 1286
of the Salt Lake City Code is hereby repealed. 1287
5.51.050: LICENSE ENFORCEMENT ACTION; GROUNDS: RESERVED 1288
In addition to the grounds set forth in section 5.02.250 of this title, the following are grounds for 1289
a license enforcement action: 1290
A. Failure to comply with the terms of a conditional use permit issued by the city under title 1291
21A of this code. 1292
B. Three (3) or more serious or grave disciplinary sanctions, as defined by the Utah 1293
department of alcoholic beverage control, within a three (3) year period. 1294
C. Failure to maintain current and appropriate licensure under title 32A, Utah Code 1295
Annotated (2009), or successor provisions. 1296
1297
33
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060 1298
of the Salt Lake City Code is hereby repealed. 1299
5.51.060: ALCOHOL ENFORCEMENT HEARING BOARD; MEMBERSHIP; 1300
AUTHORITY: RESERVED 1301
A. The alcohol enforcement hearing board hears license enforcement actions and determines 1302
appropriate penalties, based on the guidelines provided in section 5.51.080 of this chapter. 1303
B. The board has three (3) members: one member shall be appointed from the hospitality 1304
industry, one member shall be appointed from the community, and one member shall be 1305
appointed from the city administration. 1306
C. Appointed board members serve for a two (2) year term and may be appointed for two (2) 1307
consecutive terms. The city administration appointee serves as chair. The business licensing 1308
supervisor will provide staff support to the board. 1309
1310
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070 1311
of the Salt Lake City Code is hereby repealed. 1312
5.51.070: LICENSE ENFORCEMENT ACTION; PROCEDURES: RESERVED 1313
A. How Initiated: Upon receipt of a complaint regarding an alcohol establishment, the 1314
business license supervisor will review the complaint with the city attorney to determine whether 1315
sufficient grounds and evidence exist to initiate a license enforcement action. The business 1316
license supervisor or city attorney may request city staff to investigate further or obtain 1317
additional evidence before making a determination. 1318
B. Notice Upon Determination To Initiate A License Enforcement Action: If a 1319
determination is made that sufficient grounds exist to proceed, the business licensing supervisor 1320
will schedule a hearing before the alcohol enforcement hearing board. Thirty (30) days' written 1321
notice must be provided to the applicant or licensee. Notice may be served personally or by 1322
registered letter, return receipt requested, at the licensed premises. Receipt by any adult 1323
employee of the business constitutes adequate service. The notice must include a description of 1324
the alleged conduct underlying the complaint; a description of the potential penalties; the date, 1325
time and place the hearing will be conducted; and a statement that the licensee has the right to 1326
appear, be represented by an attorney, call witnesses and present evidence. 1327
C. Hearings: 1328
1. Hearings will be conducted before the alcohol enforcement hearing board. An 1329
audio recording must be made. 1330
34
2. The applicant or licensee may be represented by an attorney, call witnesses, 1331
present evidence, and obtain administrative subpoenas from the city recorder as provided in title 1332
2, chapter 2.59 of this code. 1333
3.Strict adherence to the Utah rules of evidence is not required. The board may consider 1334
any relevant, nonprivileged oral or documentary evidence presented. 1335
4. After hearing the evidence presented, the board will make a factual determination, 1336
based on a preponderance of the evidence, whether the alleged grounds for enforcement have 1337
been proven. A finding by at least two (2) board members is sufficient to sustain a determination. 1338
The board may request that counsel for either party draft the findings of fact. 1339
5. If the board determines that there is not sufficient evidence to prove the alleged 1340
grounds for enforcement, then the matter will be dismissed. 1341
6. If the board determines that sufficient evidence exists to prove the grounds for 1342
enforcement, then it must determine the appropriate penalty based on the penalty matrix in 1343
section 5.51.080 of this chapter. The board must issue a written order, which may be drafted by 1344
counsel for either party, referencing its finding of facts, and stating the penalty imposed. 1345
1346
SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080 1347
of the Salt Lake City Code is hereby repealed. 1348
5.51.080: LICENSE ENFORCEMENT ACTION; PENALTIES: RESERVED 1349
The board is authorized to suspend or revoke a license as provided under section 5.02.250 of this 1350
title. In addition, for violations of subsection 5.51.050A of this chapter, with respect to failure to 1351
comply with the terms of a conditional use permit, the following mandatory minimum penalties 1352
apply with respect to each condition for which a violation is found within a three (3) year period 1353
commencing on the date of the first offense. At the end of this three (3) year period, the tiered 1354
offense cycle starts over. 1355
A. Class I Violations: Violations of conditions that are required pursuant to the table of 1356
permitted and conditional uses found in section 21A.33.020 of this code are class I violations. 1357
1358
1359
35
B. Class II Violations: Violations of conditions added by the planning commission for the 1360
specific conditional use permit pursuant to the table of permitted and conditional uses found in 1361
section 21A.33.020 of this code are class II violations. 1362
1363
1364
C. Multiple Violations: For purposes only of the monetary penalties in this section, violations 1365
found to have occurred on days prior to and up to five (5) days after the licensee has received 1366
notice of the hearing shall constitute a single offense. Each day of violation proved to have 1367
occurred thereafter shall constitute a separate offense. If proven at the hearing, penalties for 1368
multiple violations may be imposed in a single hearing. 1369
1370
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090 1371
of the Salt Lake City Code is hereby repealed. 1372
5.51.090: APPEAL: RESERVED 1373
The applicant or licensee and the city may appeal any action of the board to the 3rd district court. 1374
For the purpose of the appeal, the record of the hearing includes the board's written findings and 1375
order, any evidence presented to the board, and the audio recording of the hearing. 1376
1377
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section 1378
5.61.380 of the Salt Lake City Code is hereby amended as follows: 1379
5.61.380: APPEAL PROCEDURES: 1380
1381
A. If the license is denied or approved with qualifications, or if a notice of suspension, 1382
revocation or citation of a civil fine is imposed, the applicant or licensee may challenge that 1383
adverse action pursuant to the processes set forth in Chapter 2.75. file an appeal with the 1384
business licensing authority. 1385
B. Filing of an appeal must be within ten (10) days of the date of service of the notice of any 1386
denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such 1387
36
appeal, the business licensing authority shall schedule a hearing before a designated hearing 1388
officer within twenty (20) days from the date of the appeal unless such time shall be extended for 1389
good cause. 1390
C. The hearing officer shall hold a public hearing on the record, and take such facts and 1391
evidence as necessary to determine whether the denial, qualified approval, suspension, 1392
revocation or civil fine was proper under the law. 1393
D. The burden of proof shall be on the city. 1394
E. After the hearing, the hearing officer shall have seven (7) working days, unless extended 1395
for good cause, in which to render findings of fact, conclusions of law, and recommended 1396
decision to the mayor. 1397
F. Either party may object to the recommendation of the hearing officer by filing the party's 1398
objection and reasons, in writing, to the mayor or the mayor's designee within seven (7) days 1399
following the recommendation. In the event the hearing officer recommends upholding a 1400
suspension or revocation, the license shall be immediately suspended, and shall remain 1401
suspended until any subsequent appeal is decided. If no objections are received within the seven 1402
(7) days, the mayor or the mayor's designee may immediately adopt the recommendation of the 1403
hearing officer. 1404
G. If objections are received, the mayor or the mayor's designee shall have ten (10) working 1405
days to consider such objections before issuing the mayor's or the mayor's designee's final 1406
decision. The mayor or the mayor's designee may, in his or her discretion, take additional 1407
evidence or require written memorandum on issues of fact or law. The standard by which the 1408
mayor or the mayor's designee shall review the decision of the hearing officer is whether 1409
substantial evidence exists in the record to support the hearing officer's recommendation. 1410
H. An applicant aggrieved by the mayor's or the mayor's designee's decision shall have 1411
judicial review of such decision pursuant to rule 65.B, Utah rules of civil procedure, or any other 1412
applicable ordinance, statute or rule providing for such review. 1413
1414
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section 1415
5.63.065 of the Salt Lake City Code is hereby amended as follows: 1416
5.63.065: DRIVER'S QUALIFICATIONS: 1417
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be 1418
issued to any of the following persons: 1419
1. Any person under the age of eighteen (18) years; 1420
2. Any person who is currently required to register with the sex and kidnap offender registry 1421
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor; 1422
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or 1423
dangerous drugs, a felony conviction for an offense against a person or property, unless a 1424
37
period of not less than five (5) years shall have elapsed since the date of conviction or the 1425
date of release from confinement for such offense, whichever is later; 1426
4. Any person who has been convicted of driving a vehicle recklessly within the five (5) 1427
years immediately preceding application for a license; 1428
5. Any person who has been convicted of driving a vehicle while under the influence of 1429
alcohol or a controlled substance, or of being in or about a vehicle while under the 1430
influence of alcohol or a controlled substance with the intent of driving such vehicle, 1431
within the five (5) years immediately preceding application for a license; 1432
6. Any person who has been convicted of two (2) or more felonies. 1433
B. Notwithstanding the provisions of subsection A3 or A6 of this section, if a hearing 1434
examiner conducting a hearing pursuant to section 5.63.070 of this chapter or its successor 1435
section, receives documents or testimony at a hearing that proves by a preponderance of the 1436
evidence that the applicant has reformed his/her moral character so as to pose no threat to 1437
members of the public, then the hearing examiner may issue the license. Part of the documents or 1438
testimony used to establish the preponderance shall come from the applicant's parole officer if 1439
the applicant is still on parole. An applicant's failure to provide a recommendation from the 1440
applicant's parole officer if the applicant is on parole shall constitute grounds for denying the 1441
applicant's request. 1442
1443
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section 1444
5.63.070 of the Salt Lake City Code is hereby amended as follows: 1445
5.63.070: APPEALHEARING UPON REJECTION: 1446
AnyIf the application for a pedicab driver license that is suspended, revoked, or associated 1447
applicationis rejected, the applicant/licensee shall be entitled to appeal such determination in 1448
accordance with Chapter 2.75, upon request, to a hearing before a hearing examiner as provided 1449
in chapter 5.02 of this title, or its successor. 1450
1451
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section 1452
5.64.750 of the Salt Lake City Code is hereby amended as follows: 1453
5.64.750: SUSPENSION AND REVOCATION OF LICENSE: 1454
A. In addition to any penalties that may be imposed, any license issued under this article 1455
may be suspended or revoked for any of the following reasons: 1456
38
1. Fraud, misrepresentation, or knowingly false statement contained in the application 1457
for the license; 1458
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on 1459
the business of vending; 1460
3. Conducting the business of vending in any manner contrary to the conditions of the 1461
license; 1462
4. Conducting the business of vending in such a manner as to create a public nuisance; 1463
cause a breach of the peace; constitute a danger to the public health, safety, welfare, 1464
or morals; or interfere with the rights of property owners; or 1465
5. Cancellation of Utah Department of Agriculture authorization, or of the required 1466
authorization of any successor agency, for a food or beverage vending unit due to 1467
uncorrected health or sanitation violations. 1468
B. Any suspension of revocation of a license under this article shall be subject to 1469
Chapters 5.02 and 2.75. The business license administrator shall provide written notice of the 1470
suspension or revocation in a brief statement setting forth the complaint, the grounds for 1471
suspension or revocation, and notifying the licensee or permittee of the appeal procedure. Such 1472
notice shall be mailed to the address shown on the license holder's application by certified mail, 1473
return receipt requested. 1474
C. If the city revokes a vending license or permit, the fee already paid for the license 1475
or permit shall be forfeited. A person whose license or permit has been revoked under this 1476
section may not apply for a new license for a period of one year from the date that the revocation 1477
took effect. 1478
1479
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760 1480
of the Salt Lake City Code is hereby repealed. 1481
5.64.760: RESERVEDAPPEALS: 1482
If the business license administrator denies the issuance of a license or permit, suspends or 1483
revokes a license or permit, or orders the cessation of any part of the business operation 1484
conducted under the license or permit, the aggrieved party may appeal the administrator's 1485
decision in accordance with sections 5.02.260, 5.02.280, and 5.02.290 of this title. 1486
1487
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section 1488
5.65.190 of the Salt Lake City Code is hereby amended as follows: 1489
39
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE: 1490
A. The Business License Administrator may revoke or suspend the business license 1491
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if 1492
he/she finds: 1493
1. That such person has violated or failed to meet any of the provisions of this 1494
chapter; 1495
2. That there are grounds for denial, suspension or revocation as set forth in 1496
section 5.02.250 of this title, or its successor section, or in any other Ccity 1497
ordinance or State or Federal law or regulation; 1498
3. That such person has been convicted within the last seven (7) years of any crime 1499
involving moral turpitude, narcotic or dangerous drugs, or offenses against a 1500
person or property; 1501
4. Any required license or permit has been suspended, revoked or canceled; or 1502
5. The permittee does not have a currently effective insurance policy in the 1503
minimum amount provided in this chapter; or 1504
6. That the permittee has abandoned the use of the permit operating location for the 1505
conducting of business. The failure of a permittee to vend from a vending cart 1506
within the permittee's permit operating location for thirty (30) continuous 1507
calendar days or more, except during the period of December, January, and 1508
February, shall constitute abandonment. 1509
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the 1510
procedures set forth in Chapter 5.02.Upon denial, suspension or revocation, the Business License 1511
Supervisor shall give notice of such action to the permit holder or applicant, as the case may be, 1512
in writing stating the action he/she has taken and the reasons therefor. Such notice shall contain 1513
the further provision that it shall become final and effective within ten (10) days, unless such 1514
action is the result of a failure of the permittee to maintain liability insurance as required by this 1515
chapter, or is the result of a threat to the public health, safety or welfare in which case the action 1516
shall be effective immediately upon issuance of such notice. Any person receiving such notice, 1517
other than a notice effective upon issuance, shall have ten (10) days from the date of receipt 1518
thereof to file a written request with the Business License Administrator for a hearing thereon 1519
before a hearing examiner appointed by the Mayor. Upon receipt of such request the Business 1520
License Administrator shall schedule a hearing in accordance with the procedures set forth 1521
in chapter 5.02 of this title, or its successor chapter. If the notice of denial, suspension or 1522
revocation is effective upon issuance thereof, as provided in this section, a hearing shall be held 1523
within five (5) business days of the date of issuance without any requirement of a request for 1524
such hearing from the permit holder. 1525
1526
40
SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section 1527
5.71.010 of the Salt Lake City Code is hereby amended as follows: 1528
5.71.010: DEFINITIONS: 1529
The following words and phrases, when used in this chapter, shall have the meanings defined 1530
and set forth in this section: 1531
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground 1532
transportation business contracted through the department of airports to provide on demand 1533
shared ride service to and from the Salt Lake City International Airport. 1534
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating 1535
under contract with the department of airports to provide airport shared ride service to and from 1536
the Salt Lake City International Airport. 1537
APPLICANT: An individual who has submitted an application to the department to obtain a 1538
ground transportation vehicle operator's badge pursuant to article VII of this chapter. 1539
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any 1540
ground transportation vehicle, which has a current, valid business license as required by the city 1541
and which: 1542
A. Registers the business in accordance with the requirements established by the 1543
department, and 1544
B. Is current with all fees or charges imposed by the department and city. 1545
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not 1546
including the driver. 1547
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or 1548
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including 1549
the driver. 1550
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1551
in the legal name of the association, including, without limitation, a corporation, limited liability 1552
company, partnership, or sole proprietorship. 1553
BUSINESS LICENSING OFFICE: The department of financedivision of building services and 1554
licensing of Salt Lake City Corporation, or its successor. 1555
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1556
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1557
chapter. 1558
COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its 1559
successor. 1560
41
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for 1561
transportation of customers and/or baggage without making a specific separate charge to the 1562
passenger for such transportation. 1563
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1564
division as may be designated by the mayor to have responsibility for the enforcement of this 1565
chapter. 1566
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic 1567
transponder used to identify vehicles and provide the department with vehicle data and billing 1568
information. 1569
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1570
responsibility for the enforcement of this chapter or the authorized designee of such director. 1571
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the 1572
department to verify that the vehicle meets the standards set by the department director, 1573
department rules and regulations, applicable contracts, and applicable city ordinances, including, 1574
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing, 1575
safety, and insurance requirements. 1576
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that 1577
a ground transportation vehicle has passed the required department inspection. These department 1578
inspection seals are nontransferable and no ground transportation vehicle may be operated 1579
without such seal. 1580
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1581
by the department director to govern commercial ground transportation operations within the 1582
city. 1583
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule 1584
previously announced as to time of departure and arrival between definitely established and 1585
previously announced points along definitely established and previously announced routes 1586
regardless of whether passengers or freight are to be carried. 1587
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1588
department director to hear and rule on appeals, suspensions, and other matters related to ground 1589
transportation in and connected with the city. 1590
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation 1591
vehicle. 1592
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground 1593
transportation business. 1594
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of 1595
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare 1596
is collected. 1597
HEARING OFFICER: A hearing officer of the Salt Lake City justice court. 1598
42
HOLDER: A person to whom a certificate of public convenience and necessity has been issued. 1599
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business 1600
under contract to or directly by a motel, hotel, or other lodging business, to provide 1601
transportation of customers and/or baggage for the contracted establishment for which 1602
transportation the customer is charged a separate fee or fare, and which is subject to a contract 1603
filed with the department providing for operating the vehicle. 1604
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a 1605
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business 1606
attire or a chauffeur's uniform. 1607
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four 1608
(24) persons, not including the driver. 1609
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business 1610
named in a civil notice issued by the city. 1611
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by 1612
an authorized ground transportation business which is not "scheduled service" or "prearranged 1613
service" as defined in this section. 1614
OPERATOR: Persons engaged in the ground transportation business. 1615
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the 1616
services of an ambulance, and who need or desire special transportation equipment or 1617
accommodation for physical or mental infirmities. 1618
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation 1619
business from points within the city to destinations within the city, or beyond, for which the 1620
authorized ground transportation business providing such transportation has recorded the name 1621
or description of prospective passenger and the date and time of the request for transportation at 1622
least thirty (30) minutes prior to the transporting of the passenger by such vehicle. 1623
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation 1624
business on a fixed schedule posted with and approved by the department in advance of such 1625
transportation. 1626
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport 1627
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the 1628
transportation of persons with disabilities. 1629
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific 1630
purpose, including, but are not limited to, special conversion vehicles and classic or collector 1631
automobiles, but excluding special transportation vehicles. 1632
STARTER: A person appointed by and representing a ground transportation business who is 1633
responsible for managing the coordination of vehicles and passenger transportation for that 1634
business. 1635
43
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1636
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1637
available for hire by passengers, including places otherwise marked as freight zones or other 1638
parking restricted zones if designated for use of taxicabs during specified times. 1639
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or 1640
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but 1641
which is subject for contract hire by persons desiring special trips from one point to another, as 1642
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in 1643
Salt Lake City by contract with the department. 1644
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of 1645
facilitating ground transportation services, such as, but not limited to, the Salt Lake City 1646
Intermodal Hub. 1647
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of 1648
freight, luggage, or other items. 1649
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger 1650
seating capacity of six (6) to twelve (12), not including the driver. 1651
VEHICLE OPERATOR'S BADGE OR OPERATOR'S BADGE: An identification badge issued 1652
by the department to an individual to signify that the individual has met the requirements to 1653
operate a ground transportation vehicle. 1654
1655
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That 1656
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows: 1657
5.71.300: CIVIL PENALTIES AND ENFORCEMENT: 1658
B. The department may revoke, suspend, or deny the application for or a renewal of 1659
an operator's badge, department automated vehicle identification tag or department inspection 1660
seal for violations of any provision of this title, department rules and regulations, or other 1661
applicable law. Such action may be appealed in accordance with Chapter 2.75.The person or 1662
business affected may request, in writing filed with the department, an appeal hearing before the 1663
ground transportation appeal committee. Any such revocation, suspension, or denial of renewal 1664
shall remain in effect until the party against whom such action is taken requests reinstatement 1665
and the ground transportation appeal committee determines that reinstatement is appropriate. 1666
1667
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section 1668
5.71.310 of the Salt Lake City Code is hereby amended as follows: 1669
44
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1670
TRANSPORTATION VIOLATION: 1671
Civil notices under this chapter, other than those involving revocations, suspensions, denials or 1672
approvals of a business license, operator's badge, department automated vehicle identification 1673
tags and department inspection seal, may be contested pursuant to the procedures and processes 1674
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1675
5.88.030 of this title or its successor section. 1676
1677
SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section 1678
5.71.310 of the Salt Lake City Code is hereby repealed in its entirety: 1679
5.71.320: EXPEDITED APPEAL OF EXCLUSION: 1680
Any named party who is excluded from pursuing commercial activities under this chapter , and 1681
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1682
exclusion as provided for in this chapter, may request an expedited appeal of the action that 1683
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to 1684
the department. The department shall promptly investigate the facts relating to such exclusion. If 1685
the evidence indicates such exclusion is improper under this chapter, the Department Director 1686
may reverse the action that resulted in such exclusion. If the Department Director does not 1687
reverse such action, the action resulting in such exclusion shall be heard and determined by the 1688
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a 1689
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground 1690
Transportation Appeal Committee shall uphold such exclusion. 1691
1692
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section 1693
5.72.005 of the Salt Lake City Code is hereby amended as follows: 1694
5.72.005: DEFINITIONS: 1695
The following words and phrases, when used in this chapter, shall have the meanings defined 1696
and set forth in this section: 1697
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1698
in the legal name of the association, including, without limitation, a corporation, limited liability 1699
company, partnership, or sole proprietorship. 1700
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1701
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake 1702
City, Utah. 1703
45
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1704
chapter. 1705
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare 1706
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00). 1707
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to 1708
provide taxicab services. 1709
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1710
division as may be designated by the mayor to have responsibility for the enforcement of this 1711
chapter. 1712
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved 1713
by the department for providing taxicab or other services within the corporate boundaries of Salt 1714
Lake City, including the airport. 1715
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1716
responsibility for the enforcement of this chapter or the authorized designee of such director. 1717
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1718
by the department director to govern ground transportation service and businesses within the 1719
city. 1720
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare. 1721
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab 1722
are indicated. 1723
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the 1724
taximeter through the operation of the mileage and time mechanism. 1725
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1726
department director to hear and rule on appeals, suspensions, and other matters related to ground 1727
transportation in and connected with the city. 1728
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that 1729
is not already engaged in transport of passengers to respond to the person's location for hiring 1730
and transport of persons or property. 1731
HIRED: The button on the face of a taximeter, which when activated places the taximeter in 1732
operation, signifying the start of a billing process for the person(s) engaging the use of the 1733
taxicab. 1734
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for 1735
the transportation of passengers for hire. 1736
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated 1737
association. 1738
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1739
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1740
46
available for hire by passengers, including places otherwise marked as freight zones or other 1741
parking restricted zones if designated for use of taxicabs during specified times. 1742
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including 1743
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the 1744
driver, used in the on demand, for hire transportation of passengers or baggage over the public 1745
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for 1746
contract hire by persons desiring special trips from one point to another and authorized to operate 1747
in Salt Lake City by contract with the department. 1748
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures 1749
mileage by the distance driven and the waiting time upon which the fare is based, and which 1750
automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a 1751
taxicab. 1752
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a 1753
passenger to the time of discharge of passenger(s). 1754
1755
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That 1756
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows: 1757
B. The department may revoke, suspend, or deny renewal of an operator's badge, 1758
department automated vehicle identification tag or department inspection seal for violations of 1759
any provision of this title, department rules and regulations, or other applicable law. Such action 1760
may be appealed in accordance with Chapter 2.75.The person or business affected may request, 1761
in writing filed with the department, an appeal hearing before the Ground Transportation Appeal 1762
Committee. Any such revocation, suspension, or denial of renewal shall remain in effect until the 1763
party against whom such action is taken requests reinstatement and the Ground Transportation 1764
Appeal Committee determines that reinstatement is appropriate. 1765
1766
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section 1767
5.72.890 of the Salt Lake City Code is hereby amended as follows: 1768
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1769
TRANSPORTATION VIOLATION: 1770
Civil notices under this chapter, other than those involving revocations, suspensions, denials, or 1771
approvals of a business license, operator's badge, department automated vehicle identification 1772
tags and department inspection seal, may be contested pursuant to the procedures and processes 1773
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1774
5.88.030 of this title or its successor section. 1775
47
1776
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section 1777
5.72.900 of the Salt Lake City Code is hereby repealed as follows: 1778
5.72.900: EXPEDITED APPEAL OF EXCLUSION: 1779
Any named party who is excluded from pursuing commercial activities under this chapter, and 1780
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1781
exclusion as provided for in this chapter, such party may request an expedited appeal of the 1782
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so 1783
excluded to the department. The department shall promptly investigate the facts relating to such 1784
exclusion. If the evidence indicates such exclusion is improper under this chapter, the 1785
Department Director may reverse the action that resulted in such exclusion. If the Department 1786
Director does not reverse such action, the action resulting in such exclusion shall be heard and 1787
determined by the Ground Transportation Appeal Committee in accordance with the provisions 1788
of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this 1789
chapter the Ground Transportation Appeal Committee shall uphold such exclusion. 1790
1791
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section 1792
5.74.170 of the Salt Lake City Code is hereby amended as follows: 1793
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS: 1794
A. The licensee shall be responsible for the operation of the licensed premises in 1795
conformance with this code. Upon a finding by the mayor of a violation, after hearing before the 1796
mayor, or his or her designee, or upon conviction of the licensee, operator, agent or any person 1797
of the following violations occurring in or on the premises licensed pursuant to this chapter, tThe 1798
mayorcity may revoke or suspend the license or licenses covering the businesses conducted on 1799
such premises, regardless of the ownership thereof, for a period of time up to and including one 1800
year for the following violations: 1801
1. A violation or conviction of Utah cCode section 76-9-301.8, 76-9-702, or 76-10-1802
1206; 1803
2. A violation of any provision set forth in this chapter; 1804
3. A violation or conviction of any ordinance referred to in 1805
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of 1806
section 5.28.060 of this title or section 11.16.100 of this code, or their successors; 1807
4. Violations or convictions of any material misrepresentation, or for any fraud 1808
perpetrated on the licensing authority through application or operation of such 1809
business; 1810
48
5. A violation of any law of the state, or ordinance of the city which affects the health, 1811
welfare and safety of its residents, and which violation occurred as a part of the main 1812
business activity licensed under this chapter and not incidental thereto; 1813
6. A violation or conviction of showing motion pictures for which the establishment is 1814
not properly licensed as required by this chapter. 1815
B. The foregoing provisions of this section, or its successor, notwithstanding, 1816
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 1817
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing 1818
obscene material. 1819
1820
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section 1821
5.74.180 of the Salt Lake City Code is hereby amended as follows: 1822
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES: 1823
A. Hearing And Notice: Any suspension or revocation of a license pursuant to this 1824
chapter shall not be had until a hearing is first held before the mayor or the mayor's designee be 1825
conducted as provided in Chapter 5.02 of this title or its successor. Reasonable notice of the time 1826
and place of such hearing, together with notice of the nature of charges or complaint against the 1827
licensee or its premises sufficient to reasonably inform the licensee and enable him or her to 1828
answer such charges and complaint, shall be served upon the licensee as provided by the Utah 1829
rules of civil procedure. Any decision to revoke or suspend a license shall be stayed until the 1830
time period for appealing the decision has expired or a decision on any appeal is issued pursuant 1831
to the provisions of Chapter 2.75. 1832
B. Exhaustion Of Remedies: If a violation is found by the mayor or hearing 1833
examiner, or a conviction is obtained under subsection 5.74.170A1 of this chapter, or its 1834
successor, such revocation or suspension shall not take effect until the license holder or 1835
individual found in violation or convicted thereunder has had opportunity to exhaust all his or 1836
her administrative and appellate remedies. 1837
1838
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section 1839
5.88.030 of the Salt Lake City Code is hereby amended as follows: 1840
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION: 1841
1842
A. Notices of violation shall be adjudicated as civil violations in accordance with the 1843
procedures set forth in title 2, cChapter 2.75 of this Code. 1844
1845
49
B. Any person having received a notice of violation, as provided in this chapter, shall appear 1846
before a City Hearing Officer and present and contest such alleged violation. 1847
1848
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1849
herein shall affect the City's burden to prove each element of the underlying charge by a 1850
preponderance of evidence. 1851
1852
D. If the City Hearing Officer finds that no violation as set forth in the notice of violation 1853
has occurred or that such a violation has occurred but one (1) or more of the affirmative defenses 1854
set forth in this section is applicable, the Hearing Officer may dismiss the notice of violation and 1855
release the recipient of the notice from liability thereunder or the Hearing Officer may reduce the 1856
penalty associated therewith. Such affirmative defenses are: 1857
1858
1. At the time of the receipt of the notice of violation, the person receiving such notice of 1859
violation: 1860
1861
a. Was not an owner or other responsible party with respect to the business at issue; and 1862
b. Did not engage in any actions or omissions that contributed to the violation at issue; 1863
2. Compliance with the subject ordinances would have presented an imminent and 1864
irreparable injury to persons or property; 1865
3. All remedial requirements outlined in the notice of violation were completed on or before 1866
the compliance date; 1867
4. Such other mitigating circumstances expressly described in this title that correspond to 1868
specific violations of an ordinance in this title; or 1869
5. Such other mitigating circumstances as may be approved by the City Attorney's Office. 1870
1871
E. Any person not satisfied with the outcome of their appearance before the City Hearing 1872
Officer with respect to the notice of violation they received, may appear before the small claims 1873
court to contest such alleged violation. 1874
1875
BF. If the alleged ordinance violation involves an ordinance for which a more specific 1876
enforcement provision is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 5.51, 5.61, 1877
5.71, or 5.72 of this title, then the more specific enforcement provisions and processes set forth 1878
in the chapter that corresponds to the violation shall supersede the provisions of this section. 1879
1880
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section 1881
5.88.040 of the Salt Lake City Code is hereby amended as follows: 1882
5.88.040: PENALTIES FOR CIVIL VIOLATIONS: 1883
A. The following penalties shall be imposed where a notice of violation is issued for 1884
a violation of the Ccity ordinances set forth in this title: 1885
1. Where a notice of violation has been issued for a first violation of a Ccity 1886
ordinance, such notice of violation shall constitute a written warning. 1887
50
2. Where a notice of violation has been issued for a second violation of a Ccity 1888
ordinance, the recipient of such notice of violation shall pay a civil penalty of two 1889
hundred fifty dollars ($250.00). 1890
3. Where a notice of violation has been issued for a third violation of a Ccity 1891
ordinance, the recipient of such notice of violation shall pay a civil penalty of five 1892
hundred dollars ($500.00). 1893
4. Where a notice of violation has been issued for a fourth or subsequent violation of 1894
a Ccity ordinance, the recipient of such notice of violation shall: 1895
a. Pay a civil penalty of five hundred dollars ($500.00); and 1896
b. Shall be placed on probation for a period of one (1) year from the date on 1897
which the notice of violation was issued. 1898
5. If, during the period of probation specified in subsection A4b of this section, a 1899
notice of violation is issued for a violation of the same ordinance that resulted in 1900
such probation, then: 1901
a. The recipient of such notice of violation shall pay a civil penalty of five 1902
hundred dollars ($500.00); 1903
b. The business license of the recipient of such notice of violation shall be 1904
revoked; and 1905
c. The recipient of such notice of violation may not reapply for a new business 1906
license for at least six (6) months from the date of revocation. 1907
B. Any reference to second, third, fourth, and subsequent violations refers to repeat 1908
violations of the same Ccity ordinance that occur within a twenty four (24) month period. Unless 1909
a specified citation interval is provided by ordinance related to the specific violation or license at 1910
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days. 1911
C. The Ccity may not revoke a business license pursuant to subsection A5b of this 1912
section without satisfying the due process requirements set forth in Ssections 5.02.250, 5.02.260, 1913
and 5.02.290 of this title. 1914
D. If the alleged ordinance violation involves an ordinance for which a more specific 1915
enforcement provision or penalty is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 1916
5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions, processes, 1917
and penalties set forth in the chapter that corresponds to the violation shall supersede the 1918
provisions of this section. 1919
1920
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section 1921
8.04.020 of the Salt Lake City Code is hereby amended as follows: 1922
51
8.04.020: ANIMAL SERVICES: 1923
Animal services may be provided through a legally executed agreement, which includes the 1924
authority and power to enforce this title. Alternatively, the city may elect to provide its own 1925
animal services without entering into a contract with an outside provider. In the event that animal 1926
control services are provided by another political subdivision, the duly enacted ordinances and 1927
regulations of that political subdivision shall apply and supersede the requirements of this Title. 1928
1929
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section 1930
8.15.025 of the Salt Lake City Code is hereby amended as follows: 1931
1932
8.15.025: NOTICES OF VIOLATION: 1933
1934
A. Notices of violations shall be adjudicated as civil violations in the small claims court in 1935
accordance with the procedures set forth in title 2, cChapter 2.75 of this code. 1936
1937
B. Any person having received a notice of violation, as provided in this chapter, may appear 1938
before the small claims court and present and contest such alleged violation. 1939
1940
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1941
herein shall affect the city's burden to prove each element of the underlying charge by a 1942
preponderance of evidence. 1943
1944
D. If the administrative hearing officer finds that no violation as set forth in the notice of 1945
violation has occurred or that such a violation has occurred but one or more of the affirmative 1946
defenses set forth in this section is applicable, the hearing officer may dismiss the notice of 1947
violation and release the recipient of the notice from liability thereunder or the hearing officer 1948
may reduce the penalty associated therewith. Such affirmative defenses are: 1949
1950
1. At the time of the receipt of the notice of violation, the person receiving such 1951
notice of violation was not the owner or the person responsible for the animal and 1952
his/her actions did not contribute to the issuance of the notice of violation; 1953
2. Compliance with the subject ordinances would have presented an imminent and 1954
irreparable injury to persons or property; or 1955
3. Such other mitigating circumstances as may be approved by the city law 1956
department. 1957
1958
1959
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That 1960
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as 1961
follows: 1962
52
1963
B. Any violation of this chapter shall constitute a civil violation and shall be handled as 1964
provided by title 2, cChapter 2.75 of this code. Notice of a civil violation may be given:(1) to an 1965
owner, occupant, lessee, or agent of the property by hand delivery or 2) by mailing of the notice 1966
by first class mail to the owner of record. Civil penalties shall be imposed as follows: 1967
1968
1969
1970
1971
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section 1972
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 1973
11.14.050: ADMINISTRATIVE APPEALS: 1974
1975
A. A Salt Lake City justice court shall consider matters relating to services fees. Service fees 1976
and costs imposed pursuant to this chapter shall be adjudicated as civil violations in accordance 1977
with Chapter 2.75. 1978
1979
B. Any person having received notice of the assessment of a services fee may appear before 1980
the Salt Lake City justice court and present and contest the alleged violation upon which the 1981
services fee was based. 1982
1983
C. If the Salt Lake City justice court finds that no violation occurred and one or more of the 1984
defenses set forth in this section is applicable, the justice court may dismiss the services fee 1985
notice, release the defendant from liability for the services fee, or modify the services fee as 1986
justice and equity may require. Such defenses are: 1987
1988
1. Wrong name and address on the services fee notice; 1989
2. Compliance with the subject ordinances would have presented an imminent and 1990
irreparable injury to persons or property; 1991
3. Such other mitigating circumstances as may be shown by the appellant. 1992
1993
D. If the Salt Lake City justice court finds that a services fee was properly imposed and no 1994
applicable defense exists, the justice court may, in the interest of justice and on behalf of the city, 1995
enter into an agreement for the timely or periodic payment of the services fee. 1996
1997
1998
53
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section 1999
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2000
12.24.016: RESERVEDVEHICLE OWNER DRIVING WITHOUT OWNER'S AND 2001
OPERATOR'S SECURITY: 2002
2003
A. It is unlawful for any owner of a motor vehicle with respect to which a security is 2004
required under Utah motor vehicle owner's or operator's security laws, to drive such motor 2005
vehicle or permit such motor vehicle to be driven upon streets or highways within the corporate 2006
limits of the city, without security being in effect, as required by the Utah financial responsibility 2007
of motor vehicle owner's and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or 2008
their successor sections. 2009
2010
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2011
adjudged guilty of a violation hereof, if such person produces reasonable evidence before the 2012
justice court in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or its 2013
successor, that such security was in effect at the time such person was issued a citation for failure 2014
to have such evidence in his or her possession. Evidence of such security being in effect may be 2015
in the form of an identification card approved by the Utah department of public safety for 2016
issuance by an insurer to its insured with respect to the motor vehicle. 2017
2018
C. An increased penalty may be imposed for a second and subsequent offense within three 2019
(3) years of a previous conviction or forfeiture of penalty. 2020
2021
2022
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section 2023
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2024
2025
12.24.018: RESERVEDDRIVING WITHOUT OWNER'S AND OPERATOR'S 2026
SECURITY: 2027
2028
A. It is unlawful for any person to operate a motor vehicle which is subject to the 2029
requirements of insurance contained in the Utah financial responsibility of motor vehicle owner's 2030
and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or their successor sections, 2031
anywhere within the corporate limits of the city, knowing that the owner of the motor vehicle 2032
does not have security in effect as required by the Utah financial responsibility of motor vehicle 2033
owner's and operator's act. 2034
2035
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2036
adjudged guilty of a violation hereof if such person produces reasonable evidence before the 2037
justice court, in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or 2038
its successor, that said security was in effect at the time such person was issued a citation for 2039
failure to have such evidence in his or her possession. Evidence of such security being in effect 2040
54
may be in the form of an identification card approved by the Utah department of public safety for 2041
issuance by an insurer to its insured with respect to the motor vehicle. 2042
2043
C. An increased penalty may be imposed for a second and subsequent offense within three 2044
(3) years of a previous conviction or forfeiture of penalty. 2045
2046
2047
SECTION 52. Amending the text of Salt Lake City Code Section 12.24.018. That Section 2048
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2049
2050
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES: 2051
2052
A. The Mayor shall appoint such Hearing Officers as he or she deems appropriate to 2053
consider matters relating to the unauthorized use of streets. 2054
2055
AB. Any person having received a citation as to unauthorized use of streetsnotice of 2056
such unauthorized use, or the owner of any vehicle employed in such use, may appeal such 2057
notice pursuant to the procedures set forth in Chapter 2.75appear before a Hearing Officer and 2058
present and contest such alleged unauthorized use. 2059
2060
C. The burden to prove any defense shall be upon the person raising such defense. 2061
2062
D. The Hearing Officer may find that no unauthorized use occurred and dismiss the ticket. 2063
2064
BE. If the hearing officer or administrative appealsHearing oOfficer, as applicable, 2065
finds that an unauthorized use occurred but one or more of the defenses set forth in this section is 2066
applicable, theythe Hearing Officer may dismiss the notice of unauthorized use and release the 2067
owner or driver from liability thereunder. Such defenses are: 2068
2069
1. At the time of the receipt of the notice, possession of the subject vehicle had been 2070
acquired by a third party in violation of the criminal laws of the State; 2071
2. If the notice of unauthorized use of streets alleges a violation of any ordinance 2072
pertaining to a parking meter, such meter was mechanically malfunctioning to the 2073
extent that its reliability is questionable; 2074
3. Compliance with the subject ordinances would have presented an imminent and 2075
irreparable injury to persons or property; 2076
4. CitationsParking notices for overtime parking at ain metered or in a time restricted 2077
zones received by a Ccity employee or guest while on official Salt Lake City business 2078
will be dismissed upon written request from the applicable Ddepartment Ddirector or 2079
designee on official letterhead or by electronic mail. The request must be made within 2080
ten (10) days of receipt of the citationnotice and must include a brief description of 2081
the reason for the request, and be submitted to the: Salt Lake City Corporation 2082
director of revenue operations, Traffic Manager, 333 South 200 East, P.O. Box 2083
55
145499, Salt Lake City, UT 84114-5499. Parking violations other than overtime 2084
parking and meter violations will not be dismissed in this manner; 2085
5. Unlimited time parking by employees of other governmental entities on official 2086
business exempt vehicles will be allowed at Ccity meters and time restricted 2087
locations. In order to qualify, the exempt vehicle must either be a marked official 2088
vehicle pursuant to Section 12.56.590, or it must be included in the city’s exempt 2089
databasedisplay a placard or sticker issued by Salt Lake City Parking Enforcement or 2090
the vehicle's license plate must be registered with Salt Lake City Parking 2091
Enforcement for enrollment in any license plate recognition system used to regulate 2092
parking enforcement. Requests for placards must include a brief description of the 2093
reason for the request and be submitted to: Salt Lake City Parking Enforcement, P.O. 2094
Box 145552, Salt Lake City, UT 84114-5552. Requests for dismissals of other 2095
parking violations will may be considered and should be submitted to the: Salt Lake 2096
City Corporation director of revenue operations, Traffic Manager, 333 South 200 2097
East, P.O. Box 145499, Salt Lake City, UT 84114-5499; 2098
6. If the Hearing Officer finds that the owner of the vehicle is deceased but was living 2099
when the ticket was issued; 2100
7. If the Hearing Officer finds that the vehicle was sold by a third party with the original 2101
license plates on, and the citation was issuedticket was received prior to the sale, 2102
provided the sale is reported to the DMV and the bill of sale is submittedprovided 2103
within twenty (20) days of receipt of the parking citationnotice. 2104
2105
CF. If the hearing officer or administrative appealsHearing oOfficer, as applicable, finds that 2106
an unauthorized use occurred but one or more of the defenses set forth in this section is 2107
applicable, they Hearing Officer may reduce the penalty associated therewith, but in no event 2108
shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are: 2109
2110
1. At the time of receipt of the notice, possession of the subject vehicle had been 2111
acquired by another party pursuant to a written lease agreement or similar written 2112
agreement; 2113
2. The subject vehicle was mechanically incapable of being moved from such location; 2114
provided, however, such defense shall not apply to any vehicle which remains at such 2115
location in excess of six (6) hours; 2116
3. Any markings, signs or other indicia of parking use regulation were not clearly visible 2117
or comprehensible; 2118
4. At the time of the notice of violation a responsible person receiving such notice of 2119
violation had, but failed to properly display, a special disability group license plate or 2120
placard that was valid and relevant to the violation for which the citation was 2121
issuednotice of violation. However, a Hearing Officer may not reduce the associated 2122
civil penalty below the minimum penalty amount set forth in Utah Code section 41-2123
1a-1306, or its successor section; 2124
5. At the time a citation issued for failure to display of the notice of violation a 2125
residential parking permit a valid residential parking permit existed, but such permit 2126
was valid but not properly displayed; 2127
6. Such other mitigating circumstances as the Hearing Officer may find, with the written 2128
have been approved by the parking civil manager approval of the court's Traffic 2129
56
Manager, which must include the basis for the decision. A report on such decisions is 2130
to be provided to the Mayor and City Council on a quarterly basis. 2131
2132
G. If the Hearing Officer finds that an unauthorized use occurred and no applicable defense 2133
exists, the Hearing Officer may, in the interest of justice and on behalf of the City, enter into an 2134
agreement for the timely or periodic payment of the applicable penalty. 2135
2136
DH. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) 2137
days from the receipt of the citationnotice, or ten (10) days from such date as may have been 2138
agreed to by the Hearing Officer, the cCity may use such lawful means as are available to collect 2139
such penalty, including costs and attorney fees. Such collection efforts shall be stayed while an 2140
appeal is pending before a hearing officer or administrative appeals officer pursuant to Chapter 2141
2.75. 2142
2143
2144
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section 2145
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2146
2147
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL 2148
PENALTIES: 2149
2150
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who 2151
fails to comply with sSection 14.20.070 of this chapter commitsis guilty of a civil violation. Such 2152
violation shall be handled by the Salt Lake City justice court in accordance with the procedures 2153
set forth in title 2, cChapter 2.75 of this code, or its successor. Notice of a civil violation may be 2154
given: 1) to the owner, occupant, lessor, or agent of the property by hand delivery, or 2) by 2155
mailing of the notice by first class mail to the owner of record. 2156
2157
B. The civil penalty for violation of this section shall be as set forth below: 2158
2159
1. For any property with street front footage of two hundred feet (200') or less: 2160
2161
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not 2162
removed from sidewalks within twenty four (24) hours; 2163
b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not 2164
removed from sidewalks within forty eight (48) hours; and 2165
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2166
not removed from sidewalks within seventy two (72) hours. 2167
2168
2. For any property with street front footage of more than two hundred feet (200'): 2169
2170
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2171
not removed from sidewalks within twenty four (24) hours; 2172
57
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet 2173
is not removed from sidewalks within forty eight (48) hours; and 2174
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is 2175
not removed from sidewalks within seventy two (72) hours. 2176
2177
2178
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section 2179
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2180
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER: 2181
2182
Any suspension or revocation or stop order by the city engineer may be appealed in accordance 2183
with the procedures set forth in Chapter 2.75by the permittee to the director of public services by 2184
filing a written notice of appeal within ten (10) days of the action of the city engineer. The 2185
director of public services shall hear such appeal, if written request therefor be timely filed, as 2186
soon as practicable, and render his/her decision within a reasonable time following filing of 2187
notice of appeal. 2188
2189
2190
SECTION 55. Amending the text of Salt Lake City Code Section 16.60.090. That Section 2191
16.60.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2192
16.60.090: DEFINITIONS: 2193
The following words and phrases, when used in this chapter, shall have the meanings defined 2194
and set forth in this section: 2195
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground 2196
transportation business contracted through the department of airports to provide on demand 2197
shared ride service to and from the Salt Lake City International Airport. 2198
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating 2199
under contract with the department of airports to provide airport shared ride service. 2200
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any 2201
ground transportation vehicle, which has a current, valid business license as required by the city 2202
and which: 2203
A. Registers the business in accordance with the requirements established by the department, 2204
and 2205
B. Is current with all fees or charges imposed by the department or city. 2206
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less not 2207
including the driver. 2208
58
BUS: Any motor vehicle with a seating capacity of twenty five (25) passengers or more, not 2209
including the driver. 2210
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 2211
in the legal name of the association, including, without limitation, a corporation, limited liability 2212
company, partnership, or sole proprietorship. 2213
CIVIL NOTICE: The written notice of a ground transportation violation. 2214
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for 2215
transportation of customers and/or baggage without making a specific separate charge to the 2216
passenger for such transportation. 2217
DEPARTMENT: The Salt Lake City dDepartment of aAirports. 2218
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic 2219
transponder used to identify vehicles and provide the department with vehicle data and billing 2220
information. 2221
DEPARTMENT DIRECTOR: The director of the Salt Lake City dDepartment of aAirports. 2222
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that 2223
a ground transportation vehicle has passed the required department inspection. These department 2224
inspection seals are nontransferable and no ground transportation vehicle may be operated 2225
without such seal. 2226
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 2227
by the department director to govern ground transportation service and businesses at the airport. 2228
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule 2229
previously announced as to time of departure and arrival between the airport and definitely 2230
established and previously announced points along definitely established and previously 2231
announced routes regardless of whether there are passengers or freight to be carried. 2232
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 2233
department director to hear and rule on appeals, suspensions, and other matters related to ground 2234
transportation in and connected with the city. 2235
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation 2236
vehicle. 2237
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground 2238
transportation business. 2239
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of 2240
persons using Salt Lake City streets for commercial purposes regardless of whether a fee or fare 2241
is collected. 2242
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business 2243
under contract to or directly by a motel, hotel, or other lodging business to provide transportation 2244
of customers and/or baggage for the contracted establishment, for which transportation the 2245
59
customer is charged a separate fee or fare, and which is subject to a contract filed with the 2246
department providing for operating the vehicle. 2247
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a 2248
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business 2249
attire or a chauffeur's uniform. 2250
MINIBUS: Any motor vehicle with a seating capacity of sixteen (16) to twenty four (24) 2251
passengers, not including the driver. 2252
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by 2253
an authorized ground transportation business which is not "scheduled service" or "prearranged 2254
service from the airport" as defined in this section. 2255
OPERATOR: Persons engaged in the ground transportation business. 2256
PREARRANGED SERVICE FROM THE AIRPORT: Transportation from the airport to points 2257
within the corporate limits of Salt Lake City provided by an authorized ground transportation 2258
business which is contracted for between such business and the person to be transported, or by an 2259
agent of the person, prior to the arrival of the person at the Salt Lake City International Airport. 2260
Prearranged service from the airport shall include airport ground transportation contracted for by 2261
an airline company on behalf of its own passengers whose regular air travel may have been 2262
disrupted in some manner. An agent may include a travel agent, family member, employee, 2263
business or meeting planner, but excludes an authorized ground transportation business. 2264
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation 2265
business on a fixed schedule posted with the department in advance of such transportation. 2266
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 2267
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 2268
available for hire by passengers, including places otherwise marked as freight zones or other 2269
parking restricted zones if designated for use of taxicabs during specified times. 2270
TAXICAB: A motor vehicle used in the on demand for hire transportation of passengers or 2271
baggage over the public streets and not operated over a fixed route or upon a fixed schedule, but 2272
which is subject for contract hire by persons desiring special trips from one point to another, as 2273
provided under title 5, chapter 5.72 of this code, or its successor chapter, and authorized to 2274
operate in Salt Lake City by contract with the department. 2275
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger 2276
seating capacity of six (6) to twelve (12), not including the driver. 2277
VEHICLE OPERATOR'S BADGE OR OPERATOR'S BADGE: An identification badge issued 2278
by the department to an individual to signify that the individual has met the requirements to 2279
operate a ground transportation vehicle. 2280
2281
SECTION 56. Amending the text of Salt Lake City Code Section 16.64.030. That Section 2282
16.64.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2283
60
16.64.030: CIVIL PENALTIES AND ENFORCEMENT: 2284
A. Any person or entity in violation of this title, department rules and regulations, or 2285
other applicable law is subject to civil penalties and any other lawful action as may be taken by 2286
the Department Director to ensure the safe and effective operations of the airport. 2287
B. The Ccity may revoke, suspend, or deny renewal of a Ccity business license to 2288
operate a business for violation of any provision of this title, department rules and regulations, or 2289
other applicable law as provided under title 5, cChapter 5.02 of this Code. 2290
C. The department may revoke, suspend or deny renewal of an operator's badge, 2291
department automated vehicle identification tag, or department inspection seal for violation of 2292
any provision of this title, department rules and regulations, or other applicable law. Such action 2293
may be appealed in accordance with Chapter 2.75.The person or business affected may request, 2294
in writing filed with the department, an appeal hearing before the Ground Transportation Appeal 2295
Committee. Any such revocation, suspension or denial of renewal shall remain in effect until the 2296
party against whom such action is taken requests reinstatement, and the Ground Transportation 2297
Appeal Committee determines that reinstatement is appropriate. 2298
2299
SECTION 57. Amending the text of Salt Lake City Code Section 16.64.050. That Section 2300
16.64.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2301
2302
16.64.050: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 2303
TRANSPORTATION VIOLATION: 2304
2305
A. Civil notices under this chapter, other than those involving revocations, suspensions, 2306
denials or approvals of a business license, operator's badge, department automated vehicle 2307
identification tags and department inspection seals shall be heard by the Salt Lake City justice 2308
court. Any named party may appear before a hearing officer and present and contest an alleged 2309
violation may be contested as provided in title 2, cChapter 2.75 of this code, or its successor. 2310
2311
B. The burden to prove any defense shall be upon the person raising such defense. Nothing 2312
herein shall affect the city's burden to prove each element of the underlying charge by a 2313
preponderance of evidence. 2314
2315
C. If the hearing officer finds that no violation of this chapter occurred, or that a violation 2316
occurred but one or more of the defenses set forth in this section is applicable, the hearing officer 2317
may dismiss the civil notice and release the named party from liability thereunder, or may reduce 2318
the penalty associated therewith as he or she shall determine. Such defenses are: 2319
2320
1. The civil notice does not contain the information required by this chapter; 2321
2. Compliance with the subject ordinances would have presented an imminent and 2322
irreparable injury to persons or property; or 2323
3. Such other mitigation circumstances as may be approved by the city attorney’s 2324
office. 2325
61
2326
2327
SECTION 58. Repealing the text of Salt Lake City Code Section 16.64.060. That Section 2328
16.64.060 of the Salt Lake City Code shall be repealed as follows: 2329
16.64.060: EXPEDITED APPEAL OF EXCLUSION: 2330
Any named party who is excluded from pursuing commercial activities under this chapter, and 2331
has not had a hearing before an Appeal Committee regarding such exclusion as provided for in 2332
this chapter, may request an expedited appeal of the action that resulted in such exclusion. Such 2333
appeal shall be requested in writing by the party so excluded to the department. The department 2334
shall promptly investigate the facts relating to such exclusion. If the evidence indicates such 2335
exclusion is improper under this chapter, the Department Director may reverse the action that 2336
resulted in such exclusion. If the Department Director does not reverse such action, the action 2337
resulting in such exclusion shall be heard and determined by an Appeal Committee in accordance 2338
with the provisions of this chapter. If a preponderance of the evidence indicates such exclusion is 2339
proper under this chapter the Appeal Hearing Committee shall uphold such exclusion. 2340
2341
2342
SECTION 59. Amending the Salt Lake City consolidated fee schedule. That the Salt 2343
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect 2344
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City 2345
consolidated fee schedule shall be published on the official Salt Lake City website. 2346
2347
SECTION 60. Effective Date. That this ordinance shall become effective on the date of 2348
publication. 2349
2350
2351
Passed by the City Council of Salt Lake City, Utah, this _______ day of 2352
________________, 2025. 2353
2354
______________________________ 2355
CHAIRPERSON 2356
2357
ATTEST: 2358
2359
2360
______________________________ 2361
62
CITY RECORDER 2362
2363
2364
Transmitted to the Mayor on __________________________. 2365
2366
Mayor’s Action: _____Approved. _____Vetoed. 2367
2368
2369
______________________________ 2370
MAYOR 2371
2372
ATTEST: 2373
2374
2375
____________________________ 2376
CITY RECORDER 2377
2378
2379
(SEAL) 2380
2381
Bill No. _______ of 2025. 2382
Published: ____________________. 2383
2384
Ordinance Establishing Uniform Administrative Hearing Process_v7 2385
2386
2387
2388
2389
63
2390
2391
EXHIBIT A 2392
2393
2394
GENERAL FUNDS MISCELLANEOUS FEES
Service Fee Additional Information Section
Appeal of a decision to an administrative
appeals officer
$____ Fee will not be greater than the base
civil penalty being appealed.
2.75.170.C
2395
2396
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1
SALT LAKE CITY ORDINANCE
No. _____ of 2025
(Providing a general administrative hearing process for violations of the Salt Lake City Code)
An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to
establish a uniform administrative hearing process for civil violations of city code.
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the
resolution of administrative citations; and
WHEREAS, the city has a significant interest in the timely and effective resolution of
appeals of administrative citations in a manner that provides due process of law; and
WHEREAS, after a public hearing on this matter the Salt Lake City Council has
determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59
of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.59.010: PURPOSE:
It is the purpose of this chapter to provide for the issuance of city subpoenas to the extent
authorized by state law, including, but not limited to, Utah Code Section 10-3-610.
2.59.020: EXECUTIVE BRANCH SUBPOENAS:
The executive branch may authorize subpoenas to compel the attendance of witnesses located
within the state to give testimony or to produce records and documents or other items.
2
A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a
department head.
B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney,
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an
appropriate exercise of administrative power prior to the recorder issuing the subpoena.
2.59.030: LEGISLATIVE BRANCH SUBPOENAS:
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney,
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder.
2.59.035: ADMINISTRATIVE APPEALS OFFICER SUBPOENAS:
A. A city appointed administrative appeals officer may issue subpoenas in connection with
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged
and/or nonconfidential documents at such proceedings.
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the
subpoena are not helpful to decide the issues at the hearing considering the significance and
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay
or to cause an undue burden.
C. The administrative appeals officer shall consider objections by the parties and any non-
party subject to a subpoena pursuant to the applicable policies and procedures for such
administrative hearing.
D. The administrative appeals officer shall comply with the procedures for issuance of a
subpoena as set forth in the applicable policies and procedures for such administrative hearing.
2.59.040: ISSUANCE OF SUBPOENAS:
A. All executive or legislative subpoenas shall be issued by the city recorder's office. The
recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for which
the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the subpoena was
issued.
B. All executive or legislative subpoenas shall be issued with an original and a copy. The
original, together with proof of service, shall be returned to the recorder's office and a copy left
with the person upon whom it is served.
3
C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena"
and shall state whether it is before the legislative branch or the executive branch. The subpoena
shall state the title of the matter being heard and shall command each person to whom it is
directed to attend and give testimony and/or produce records or documents at a time and place
specified in the body of the subpoena.
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal
matters as provided by law.
2.59.050: RESERVED
2.59.060: SERVICE OF CITY SUBPOENAS:
Service shall be in accord with rule 4 of the Utah Rules of Civil Procedure.
2.59.070: RESERVED
2.59.080: PAYMENT OF SUBPOENA COSTS:
A. Cost of Subpoenas Issued on Behalf of the City: All costs of service and witness fees for
subpoenas issued on behalf of the city shall be paid by the department (including the mayor's
office or the city council) on whose behalf the subpoena was issued, unless or until a fund is
created to pay for these costs. These costs shall include witness fees and mileage.
B. Subpoenas Issued on Behalf of Other Parties: All costs of service and witness fees for
subpoenas issued on behalf of any person other than the city shall be paid by the person
requesting issuance of the subpoena.
C. City Documents: Any party requesting city production of city documents shall pay all the
costs of producing the documents, including, but not limited to, the search costs, employee salary
costs and cost of reproduction of the documents. Each department required to furnish the
documents shall collect its own costs.
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Section 78B-1-
119, or its successor.
2.59.090: ENFORCEMENT OF SUBPOENAS:
Any party who willfully fails to comply with the subpoena, or who, having appeared, refuses to
answer any question pertinent to the matter under inquiry, except in accord with privileges
granted by law, shall be guilty of a misdemeanor and punished in accord with the punishments
set by the state for class B misdemeanors.
4
SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows:
CHAPTER 2.75
ENFORCEMENT OF CIVIL VIOLATIONS
Article I
GENERAL PROVISIONS
2.75.010: PURPOSE AND INTENT:
2.75.020: SCOPE:
2.75.030: EXISTING LAW CONTINUED:
2.75.040: CRIMINAL PROSECUTION RIGHT:
2.75.050: DEFINITIONS:
2.75.010: PURPOSE AND INTENT:
For specified administrative citations, as more particularly defined and designated in the Salt
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford
the recipient of such citation due process of law. Due process shall require proper notice of the
nature of the violation and the opportunity to be heard.
2.75.020: SCOPE:
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are
enforced through the issuance of an administrative citation and occur within Salt Lake City limits
and such territory outside Salt Lake City limits over which the city has jurisdiction or control by
virtue of any law or constitutional provision. However, if a more specific enforcement procedure
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that
specifically-enumerated enforcement procedure shall apply.
2.75.030: EXISTING LAW CONTINUED:
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake
City Code and shall be read in harmony therewith.
2.75.040: CRIMINAL PROSECUTION RIGHT:
5
The provisions of this chapter shall not be construed to limit the city’s right to prosecute a
violation of the Salt Lake City Code as a criminal offense.
2.75.050: DEFINITIONS:
In the construction of this chapter, the following words and phrases shall be as defined as set
forth in this section:
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct
administrative enforcement hearings.
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation.
The term “administrative citation” shall be deemed to include any reference in this code to a
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of
abatement, or other notice of any adverse municipal decision for which the right to an
administrative enforcement hearing is specifically provided by ordinance.
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative
violation, including but not limited to costs incurred in preparing for and attending an
administrative enforcement hearing.
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative
appeals officer pursuant to the procedures established by this chapter.
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil
penalties and administrative costs.
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has
elected not to prosecute as a criminal citation. The term “administrative violation” shall be
deemed to include any reference in this code to a “civil violation” where such civil violation is
subject to the processes and procedures set forth in this chapter.
CITY: The city of Salt Lake City, Utah.
CITY COUNCIL: The legislative body of Salt Lake City, Utah.
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance
of an administrative citation for a violation of the Salt Lake City Code.
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative
violations through an initial determination conducted prior to an administrative enforcement
hearing.
6
INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the
hearing officer reviews the evidence provided by the responsible person to whom the
administrative citation corresponds and makes a determination as to whether such evidence
justifies upholding or dismissing the administrative citation.
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of
abatement actions taken by the city and provides an itemized statement of costs for those actions.
MAYOR: The mayor of Salt Lake City, Utah.
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement
actions taken by the city and provides an itemized statement of costs for those actions.
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association,
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or
employee of the same, or any other entity or individual recognized by law as having rights or
duties.
RESPONSIBLE PERSON: A responsible person includes:
A. A person who causes or materially contributes to the causation of an administrative
violation or is otherwise responsible for an administrative violation as set forth in the
Salt Lake City Code; or
B. A person whose agent, employee, or independent contractor causes or materially
contributes to the causation of an administrative violation; or
C. The owner or occupant of real property within the city’s jurisdiction at which a
violation of the Salt Lake City Code occurs or exists.
Article II
ENFORCEMENT AUTHORITY
2.75.060: ADOPTION OF POLICY AND PROCEDURES:
2.75.070: DESIGNATION OF HEARING OFFICERS:
2.75.080; POWERS OF HEARING OFFICERS:
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
2.75.060: ADOPTION OF POLICIES AND PROCEDURES:
The chief administrative officer, or his/her designee, shall establish policies and procedures
addressing the enforcement of civil violations if such policies and procedures are consistent with
the provisions of this chapter.
7
2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE:
A. The department responsible for issuing the administrative citation may elect to refer
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and
2.75.170. In the event such election is not made, such department shall provide a similar
informal process to evaluate any evidence provided by the recipient of an administrative citation
that a violation did not occur or that there is good cause to rescind or otherwise provide relief
from the administrative citation. The administrative enforcement hearings process set forth in
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental
initial determination.
B. The department of finance shall designate hearing officers through any process consistent
with the city’s human resources policies and procedures. A hearing officer may be a city
employee.
2.75.080: POWERS OF HEARING OFFICERS:
A. A hearing officer shall conduct informal initial determinations regarding violations of the
Salt Lake City Code as provided in this chapter.
B. The hearing officer shall have the authority to:
1. Determine whether a violation has occurred; and
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil
penalty associated with the administrative citation; or
4. Uphold the administrative citation without reducing the civil penalty associated with
the administrative citation.
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
A. The mayor, with the advice and consent of the city council, shall appoint one or more
administrative appeals officers to conduct administrative enforcement hearings.
B. An administrative appeals officer:
1. Shall not participate in any appeal in which the officer has a conflict of interest
prohibited by Chapter 2.44; and
2. Shall be either law trained or have significant experience with the requirements and
operations of administrative hearing processes.
C. An administrative appeals officer shall serve for renewable terms of three years and,
during any three-year term, shall be subject to removal by the mayor only for cause.
8
2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS:
A. Except where a more specific enforcement appeal process is provided for in the Salt
Lake City Code, and, where a responsible person or the city has properly requested an
administrative enforcement hearing, an administrative appeals officer shall hear appeals
challenging any administrative citation.
B. An administrative appeals officer shall have authority to hold an administrative
enforcement hearing for violations of the Salt Lake City Code and such other matters as
specifically designated by ordinance.
C. Standard of Review: The standard of review for an appeal shall be de novo. The
administrative appeals officer shall review the matter anew, based upon applicable
procedures and standards for approval, and shall give no deference to the decision
resulting in the administrative citation. The administrative appeals officer shall uphold
the administrative citation unless it is not supported by substantial evidence or it
violates a law, statute, or ordinance in effect when the administrative citation was
issued.
D. Burden of Proof: The appellant has the burden of proving that the administrative
citation is incorrect, or in the event the city is the appellant, that the hearing officer
erred.
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may
modify the administrative citation.
F. After issuing a decision on the appeal, an administrative appeals officer has continuing
jurisdiction over the subject matter of an administrative enforcement hearing for the
purposes of: issuing further administrative orders to obtain compliance with the
decision; authorizing the city to enter upon private property to abate a violation;
modifying an administrative order, staying an administrative order, assessing costs of
abatement, assessing a civil penalty; or, where extraordinary circumstances exist,
granting a new hearing.
G. An administrative appeals officer shall not make any order contrary to any law or that
would require or allow a person to violate state law or city ordinance.
H. An administrative appeals officer may issue administrative subpoenas pursuant to
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to
Section 2.75.060.
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
9
It shall be unlawful for any person to willfully make a false statement or refuse to give the
person’s name or address with intent to deceive or interfere with the performance of the official
duties of the person issuing the administrative citation, the hearing officer, or the administrative
appeals officer under the provisions of this chapter.
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
Whenever any act or omission is made unlawful in this chapter, it shall include causing,
permitting, aiding, or abetting such act or omission.
Article III
ADMINISTRATIVE ENFORCEMENT PROCEDURES
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
2.75.140: ADMINISTRATIVE CITATION:
2.75.150: CIVIL PENALTIES ASSESSED:
2.75.160: REQUEST FOR INITIAL DETERMINATION:
2.75.170: INITIAL DETERMINATION PROCEDURES:
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING:
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
2.75.210: APPEAL TO DISTRICT COURT:
2.75.220: SETTLEMENT AGREEMENTS:
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
Administrative citations and timely appeals thereof shall be processed using the following
procedural framework:
A. When there is a determination that a violation of the Salt Lake City Code has occurred,
any authorized city personnel may issue an administrative citation for such violation to
the responsible person;
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance. The written request for an initial determination shall include a
statement describing the grounds that support the person’s challenge to the administrative
citation and shall be accompanied by any evidence the person desires to submit to a
hearing officer. After reviewing such written request and the submitted evidence, a
hearing officer shall render a written determination regarding the challenged
10
administrative citation. The written determination shall promptly be sent to all parties to
the initial determination.
C. If the recipient of the administrative citation does not agree with the determination of the
hearing officer, then the recipient of the administrative citation shall file a written request
for an administrative enforcement hearing and pay the administrative enforcement
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10)
days of the hearing officer’s written decision. After such a request for hearing is received,
an administrative enforcement hearing will be held and an administrative appeals officer
will issue an administrative enforcement order regarding the administrative citation.
D. Within thirty (30) days of the date the administrative enforcement order is issued, both
the city and the recipient of the administrative citation shall have the right to appeal the
administrative enforcement order by filing a petition for review with the Third District
Court of Utah.
2.75.140: ADMINISTRATIVE CITATION:
A. An administrative citation may be issued to any responsible person.
B. The administrative citation shall include the following information:
1. Name of responsible person (if the name of the responsible person cannot
reasonably be ascertained, then a description of the real or personal property that
is the subject of the violation shall suffice);
2. Location of violation;
3. Date when the violation is observed;
4. A code citation and a description of each violation;
5. The amount of the civil penalty that corresponds to each violation;
6. Procedures for paying civil penalties;
7. Any instructions or other guidance specific to the facts of the violation at issue
and any corrective action available to the responsible person other than payment
of the civil penalty, if applicable; and
8. Procedures to request an initial determination and a description of the
consequences for failure to request or appear at such initial determination.
C. Notice of an administrative citation shall be issued to a responsible person in the
following manner:
1. Personally delivering the administrative citation to the responsible person; or
2. Sending the citation by first class mail, postage prepaid, to the responsible
person; or
3. Posting a copy of the administrative citation on the real or personal property
that gave rise to the administrative citation.
11
D. Service of an administrative citation is effective upon utilizing any method of issuance
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2.
2.75.150: CIVIL PENALTIES ASSESSED:
A. Any person receiving an administrative citation shall comply with the terms of the
administrative citation, including payment of any specified civil penalty then due, unless
an initial determination is requested.
B. If the Salt Lake City Code states that the civil penalty for a particular administrative
violation will be reduced if payment is received within a specified time period, then the
city’s receipt of either payment or a request for an initial determination prior to the
expiration of that specified time period will permit the recipient of the administrative
citation to receive that penalty reduction. However, after all requested determinations and
hearings have been concluded, a person may forfeit such penalty reduction by failing to
timely pay any civil penalty ordered by the hearing officer or administrative appeals
officer, as applicable.
C. The civil penalty for each violation listed on an administrative citation shall be as set
forth in the Salt Lake City Code.
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an
initial determination has been timely filed, the city may use such lawful means as are
available to collect such civil penalties.
2.75.160: REQUEST FOR INITIAL DETERMINATION:
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance.
B. Any recipient of an administrative citation may request a copy of the documents
maintained by the city supporting the administrative citation.
C. A request for an initial determination shall be submitted to the department of finance,
either electronically or by submitting a hard copy document, on a form provided by the
department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, physical address, telephone number, and email address of the person
requesting the initial determination;
12
3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented to the
hearing officer; and
4. Any evidence the person desires to submit for the initial determination.
D. Failure by a person to timely request an initial determination shall constitute a waiver of
the right to any initial determination and administrative enforcement hearing and a waiver
of the right to challenge the administrative citation. If an initial determination is not
timely requested and administrative citation is not complied with then the city may elect
to enforce the administrative citation by any lawful means.
2.75.170: INITIAL DETERMINATION PROCEDURES:
A. A request for an initial determination filed in compliance with the requirements of
Section 2.75.160 shall be processed as follows:
1. The city shall bear the burden of proof to establish the existence of a violation of the
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence.
2. The hearing officer shall review the written request for an initial determination,
including the arguments and evidence set forth therein;
3. The hearing officer shall also review any evidence related to the administrative citation
provided by the issuer thereof; and
4. The hearing officer shall issue a written determination regarding the administrative
citation within five (5) business days from the date the written request for an initial
determination is received. The hearing officer’s written decision may:
a. Dismiss the administrative citation;
b. Uphold the administrative citation and reduce the associated civil
penalty; or
c. Uphold the administrative citation without reducing the associated
civil penalty.
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty
associated therewith as follows:
1. If the person receiving the administrative citation is not the responsible party;
2. If the administrative citation does not comply with Section 2.75.140.
3. The city has failed to prove by a preponderance of the evidence that the violation
identified in the administrative citation occurred.
4. Imminent injury to persons or property would result from compliance with the
administrative citation.
5. All corrective actions outlined in the notice of violation were completed on or before
the compliance date.
6. Such mitigating circumstances expressly identified in the Salt Lake City Code
corresponding to the specific violation at issue.
13
7. When conducting an initial determination involving an alleged violation for
unauthorized use of streets, a hearing officer may only dismiss an administrative citation
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set
forth in Section 12.56.570, or its successor.
8. Civil penalties shall not be reduced where a violation is sustained by the hearing
officer but the responsible person has not yet complied with the corrective action, if any,
identified in the administrative citation.
9. Or as otherwise limited by law.
C. A person adversely affected by a hearing officer’s written determination, or written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, may appeal that written determination by
filing a completed request for an administrative enforcement hearing within ten (10) days
of the date on which the written determination was issued. A request for an
administrative enforcement hearing shall be made in writing on a form provided by the
department of finance and may be filed, either electronically or by submitting a hard copy
document, with the department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, address, telephone number, and email address of the person requesting the
hearing;
3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented
to the administrative appeals officer;
4. Any evidence the person desires to submit for the administrative appeals officer’s
consideration; and
5. An administrative enforcement hearing fee as set forth in the Salt Lake City
consolidated fee schedule. However, in no case shall the administrative enforcement
hearing fee assessed be greater than the base civil penalty that corresponds to the
cumulative administrative violation(s) at issue. In the event that the city is the appellant,
no hearing fee shall be payable from either party. The hearing fee shall be due at the time
of filing the hearing request. An administrative enforcement hearing request shall not be
considered complete until the hearing fee is paid.
a. If the citation recipient prevails at the administrative enforcement
hearing, the administrative enforcement hearing fee shall be refunded to
the citation recipient. Otherwise, no refund of the hearing fee shall be
granted. A modification of the administrative citation or mere reduction in
the civil penalty shall not render the citation recipient the prevailing party.
D. Failure by a person to timely request an administrative enforcement hearing shall
constitute a waiver of the right to make any further challenge regarding the administrative
citation or result of the initial determination. If an administrative enforcement hearing is
not timely requested and the hearing officer’s written determination, or the written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city
14
may elect to enforce the administrative citation, or written determination to the extent it
modified the administrative citation, by any lawful means.
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT
HEARING:
A. Upon receipt of a request for an administrative enforcement hearing the administrative
appeals officer shall schedule and hold a hearing in accordance with the standards and
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open
to the public and shall be recorded.
B. Notification of the date, time and place of the hearing shall be given a minimum of
twelve (12) calendar days in advance of the hearing.
C. Time Limitation: All administrative enforcement hearings shall be held within one
hundred eighty (180) days of the written determination by the hearing officer, or department if
applicable. Appeals not heard within this time frame will be considered moot and the associated
administrative citation withdrawn by the city.
D. If a person, without good cause, fails to appear at an administrative enforcement hearing
then the administrative appeals officer may (1) render a decision based solely upon the
arguments and evidence submitted prior to the hearing by the non-appearing party and any
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision
by default to the appearing party. The administrative appeals officer shall have discretion to
determine whether good cause for an absence exists.
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules
of evidence and discovery shall not apply. No later than five (5) business days prior to the
hearing the party that did not request the hearing shall provide the other an electronic
copy of any documents, photographs or other tangible evidence it intends to present at the
hearing and both parties shall provide a list of the witnesses that will testify at the
hearing. If an administrative citation arises from a complaint by a person who is not a city
employee, the complainant’s information shall not be disclosed or released other than the
inclusion of a complainant’s name in a witness list if the complainant will be a witness at
the hearing.
B. Each party shall have the right to be represented by an attorney at their sole cost and
expense. If an attorney will be representing a responsible person at a hearing, notice of
the attorney’s name, telephone number, and email address shall be provided at least two
(2) business days prior to the hearing. If such notice is not given, the hearing may be
continued at the city’s request, and all costs of the continuance may be assessed to the
responsible person.
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C. No new hearing shall be granted unless the administrative appeals officer determines that
extraordinary circumstances exist that justify a new hearing.
D. Hearings shall be conducted in a manner as to afford the parties due process and in
accordance with the policies and procedures adopted pursuant to Section 2.75.060.
E. The burden to prove any defense shall be upon the party raising such defense.
F. After considering all applicable evidence, testimony, and defenses presented, the
administrative appeals officer shall issue a written administrative enforcement order in
accordance with the requirements and criteria set forth in Section 2.75.200.
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs
later, the administrative appeals officer shall, within ten (10) business days, issue a written
administrative enforcement order that includes findings of fact and conclusions of law that
support the administrative appeals officer’s decision and, if applicable, the action required of the
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement
hearing the administrative appeals officer may assign the party who prevailed, if represented by
counsel, the task of preparing proposed findings of fact and conclusions of law.
B. Depending on the nature of the administrative violation at issue, an administrative
appeals officer may issue an administrative enforcement order that orders any of the
following:
1. Dismisses an administrative citation, or dismisses one or more of the administrative
violations associated with the administrative citation.
2. Requires a responsible person to cease and desist from committing or otherwise abate
the conditions causing the administrative violations identified in the administrative
citation;
3. Requires a responsible person to take any necessary corrective action to avoid
committing or to cease committing the administrative violations and establish
deadlines for the same;
3. Imposes civil penalties as set forth in this code;
4. Permits the city to enter property identified in the administrative citation and abate all
violations;
a. Whenever an order of abatement is entered the administrative appeals
officer shall also order the responsible person to pay to the city the actual
costs of the abatement and any administrative costs the city incurs in
performing the abatement.
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5. Reduces the civil penalties associated with one or more administrative violations,
except that no such reduction shall be ordered when the violation is sustained but the
responsible person has not yet complied with the corrective action affirmed or
ordered by the administrative appeals officer;
6. Establishes specific deadlines for the payment of civil penalties and administrative
costs;
7. Denies, revokes, or suspends a city license, permit or other city approval;
8. Provides for subsequent review hearings as may be necessary to ensure compliance
with an administrative enforcement order;
9. Imposes any other applicable penalties or fees in accordance with the provisions set
forth in this code.
C. In considering a request to modify civil penalties imposed in connection with an
administrative citation an administrative appeals officer may consider any or all of the
following factors:
1. Duration, frequency, and reoccurrence of a violation;
2. Seriousness of a violation;
3. History of a violation;
4. Good faith effort by a responsible person to comply with the administrative citation or,
if applicable, the administrative enforcement order;
5. Prior record of city code violations; and
6. Any other factor appropriate to a just result.
D. Promptly after an administrative enforcement order is issued it shall be sent either by
mail to the address or to the email address identified on the administrative enforcement
hearing request. An administrative enforcement order shall be deemed final on the date it
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be
extended by 7 days for order sent by mail.
E. If a responsible person fails to comply with the terms set forth in an administrative
enforcement order, the city may use all appropriate legal means to obtain compliance
thereof and recover civil penalties and administrative costs, including attorney’s fees.
2.75.210: APPEAL TO DISTRICT COURT:
A. The city or any responsible person adversely affected by a final administrative
enforcement order may file a petition for review with the Third District Court of Utah. The scope
of review shall be limited to the record before the administrative appeals officer. The court shall
presume the final administrative enforcement order is correct and shall not reweigh the evidence.
The administrative enforcement order may be overturned if it is illegal or arbitrary and
capricious. The administrative enforcement order shall be upheld if it is supported by substantial
evidence.
B. A petition for review shall be barred unless it is filed within thirty (30) days after the
administrative enforcement order is final.
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C. The recording of the administrative enforcement hearing, any available minutes, evidence
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding,
shall be provided by the city to the district court after the filing of a petition for review.
D. The filing of a petition for review in district court does not stay the final decision of the
administrative appeals officer.
2.75.220: SETTLEMENT AGREEMENTS:
At any time the recipient of an administrative citation and the city may enter into a stipulated
settlement agreement, which shall be signed by both parties. An executed settlement agreement
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver,
as to the merits of the administrative citation, of any right to an initial determination, an
administrative enforcement hearing, and an appeal to district court, to the extent not yet
conducted.
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section
2.84.100 of the Salt Lake City Code is hereby amended as follows:
2.84.100: JURISDICTION AND AUTHORITY:
The justice court shall have jurisdiction over all matters as provided by Utah Code Title 78A
Chapter 7.
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section
5.02.100 of the Salt Lake City Code is hereby amended as follows:
5.02.100: INVESTIGATION POWERS:
A. Investigation: Prior to the issuance of any business license required by this title, the city
may investigate any applicant for such license to ensure such applicant, proposed business, and
proposed place of business comply with all applicable laws, rules, and regulations. Such
investigation may include entry into the proposed business premises.
B. Documents Production: Unless the business license application is withdrawn by the
applicant, and no business operations are taking place without the required license the city may
compel the production of documents in order to conduct such investigation.
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C. Continuing Powers: In the event that a license is issued pursuant to this title, the license
holder and place of business shall be subject to ongoing inspections and investigation to
determine continued compliance with the terms and conditions of the license and all applicable
laws, rules and regulations.
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section
5.02.115 of the Salt Lake City Code is hereby amended as follows:
5.02.115: TIME LIMITATIONS:
License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city has
thirty (30) days in which to complete its review and approve or deny a license. If a review cannot
be completed within thirty (30) days, a conditional license may be issued to the applicant subject
to completion of the review, verifying the applicant meets all license requirements.
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows:
5.02.230: RESERVED
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section
5.02.250 of the Salt Lake City Code is hereby amended as follows:
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS:
A. Conditions of Denial, Suspension or Revocation: The licensee shall be responsible for the
operation of the licensed premises in conformance with the ordinances of the city. Any business
license issued by the city may be suspended or revoked, and any application for any business
license or for the renewal of any business license may be denied due to any of the following
arising out of or otherwise related to the application for, or the operation of, the business at issue:
1. The applicant or place of business does not meet the qualifications for a license;
2. Nonpayment of required fees;
3. An incomplete application;
4. Noncompliance with any requirement or condition associated with a city approval
associated with the business (i.e. conditional use permit, development agreement,
variance);
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5. A violation of or a conviction for violating any ordinance regulating or governing
the business for which said license was granted;
6. A violation of or conviction for violating any other city ordinance or law of the
state which affects the health, welfare or safety of its residents, including, but not limited
to, a public nuisance, and which violation or conviction relates to the business so licensed
or to be licensed;
7. A violation of or conviction for violating an ordinance which violation or
conviction resulted from the operation of the business so licensed;
8. Any material misrepresentation or any fraud perpetrated on the licensing authority
through application for, or operation of, said business; or
9. The applicant or licensee has refused authorized representatives of the city access
to the place of business for the purpose of an inspection or has interfered with such
representatives while in the performance of their duty in making such inspection.
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to,
other grounds for the denial, suspension or revocation of any license as provided for by
ordinance.
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution
of obscene material.
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section
5.02.260 of the Salt Lake City Code is hereby amended as follows:
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE:
Any suspension, revocation or denial of a license may be appealed pursuant to Chapter 2.75.
Suspension or revocation shall not take effect until the time period for appealing the decision has
expired or, if applicable, a decision is issued as a result of a timely appeal.
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section
5.02.270 of the Salt Lake City Code is hereby amended as follows:
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN:
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person,
corporation or firm who has had a license suspended, revoked or denied to reapply for or obtain a
license, or operate a business, which has been so suspended, revoked or denied during the time
that said license has been revoked, suspended or denied or for a period of one (1) year from the
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effective date of said suspension, revocation, or denial if no period of debarment is specified by
the order of suspension, revocation, or denial.
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290,
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are
hereby repealed in their entirety.
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS:
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the
City Council, and the Mayor or any hearing examiner shall have power and authority to call,
preside at and conduct hearings to consider the suspension, revocation, denial or approval of
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and
receive evidence, compel the attendance of witnesses, and compel the production of documents.
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER:
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its
successor section, the hearing examiner shall issue or adopt written findings of fact and
conclusions of law and an order which is based upon and supported by the evidence presented at
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance,
and shall be binding upon all parties as of the date and time of such issuance. The City and the
licensee or applicant may appeal such findings, conclusions and order to a court of competent
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such
findings, conclusions and order.
5.02.310: SUBPOENAS:
At the request of any party, subpoenas for attendance at any hearing or for production of books,
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this
Code or its successor chapter.
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows:
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONS:
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any
person:
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1. Engaged in business for solely religious, charitable, eleemosynary, or other types of
strictly nonprofit purpose who is tax exempt in such activities under the laws of the
United States and the state of Utah;
2. Engaged in a business specifically exempted from municipal taxation and fees under the
laws of the United States and the state of Utah;
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation
and located exclusively at the Utah State Fair Park during the period of the annual Utah
State Fair; or
4. Not maintaining a place of business within the city who has paid a like or similar license
tax or fee to some other taxing unit within the state, and which taxing unit exempts from
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing
business in such taxing unit.
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of
this section shall not apply to any disproportionate fees which may be applicable under
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or
charges which may be required under this code.
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter
into reciprocal agreements with the proper officials of other taxing units, as may be deemed
equitable and proper in effecting the exemption provided for in subsection A of this section.
Nothing in this section shall preclude the city from reviewing and investigating a business
license application under such a reciprocal agreement, and requiring payment of disproportionate
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the
discretion of the city council.
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows:
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED:
A. Civil Actions: In all cases where a city ordinance requires that a license be
obtained to carry on or to engage in any business, occupation or calling within the city, and the
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City
against the person failing to pay such license fee, in any court of this state having jurisdiction of
such action, to recover the fee. In any case where several or diverse amounts of license fees
remain due and unpaid by any such person, such several amounts of unpaid license fees may be
joined as separate causes of action in the same complaint in such civil actions.
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B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75.
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any
manner interfere with the enforcement of any penalty provision contained in any ordinance of the
city.
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows:
5.08.230: APPEAL PROCEDURES:
A. Civil penalties imposed pursuant to this chapter shall be subject to the procedures set
forth in Chapter 2.75.
B. It shall not be a defense to any penalty assessment that: 1) the false alarms were the result
of faulty or malfunctioning equipment; 2) the false alarms were caused by electrical surges; or 3)
the false alarms were caused by the fault of another person during noncriminal incidents.
C. The hearing officer or administrative appeals officer, as applicable, may dismiss the
penalty and release the alarm user from liability thereunder, or may reduce the penalty associated
therewith as he or she shall determine if any of the following affirmative defenses are shown:
1. The false alarm for which the penalty has been assessed did not originate at the
premises of the alarm user who has been assessed the fee;
2. The alarm for which the penalty has been assessed was, in fact, not false, but was
rather the result of an actual or attempted burglary, robbery or other emergency; or
3. The police dispatch office was notified by the permit holder or the alarm company
that the alarm was false prior to the arrival of a peace officer to the subject premises in response
to the false alarm.
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section
5.09.080 of the Salt Lake City Code is hereby amended as follows:
5.09.080: APPEALS:
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee
until the enforcement official makes a final decision. The owner shall file a written appeal to the
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enforcement official by setting forth the reasons for the appeal within fifteen (15) days after
notice is mailed.
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An
appeal must be made in writing stating the reason why the order to disconnect or deactivate
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to
disconnect is mailed to the owner. The enforcement official or his or her designee shall review
the facts and circumstances and shall determine whether the owner has shown good cause why
the order should be withdrawn. If the enforcement official affirms the order to disconnect or
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is
served upon the owner to comply with the order. The appeal of an order to disconnect or
deactivate shall suspend the effective date of the order until the appeal has been acted upon by
the enforcement official.
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows:
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter,
or whenever the city has reasonable cause to believe a violation exists in any building or upon
any premises which makes such building or premises unsafe, dangerous or hazardous, the city's
duly authorized representative may, after making reasonable efforts to obtain permission of the
owner or other person having charge or control of the premises or dwelling unit, enter a
residential property or premises to inspect it or to perform any other duties imposed by this
chapter.
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section
5.14.120 of the Salt Lake City Code is hereby amended as follows:
5.14.120: ENFORCEMENT:
A. Enforcement of all business licensing standards, except a property’s compliance
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters
5.02, 5.04, and 5.88.
B. Self-Certification Standard Enforcement: In addition to any other remedies
authorized by law or in this title, if the notified party fails to repair or secure the property in
question, the city may pursue any one (1) or more of the following additional remedies:
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1. Notice Of Deficiency: The building services division may record with the Salt
Lake County Recorder's Office a notice of any conditions that violate the self-
certification standards established by the city. The notice shall be mailed to all
notified parties.
2. Criminal Action: Violations of the provisions of self- certification standards
established by the city may be punishable as a Class B misdemeanor upon
conviction.
3. Civil Action: Violations of self-certification standards established by the city may
also be enforced by injunction, mandamus, abatement, civil penalties or any other
appropriate action in law or equity.
C. Civil penalties may be imposed according to the following procedures:
1. Notice Of Violation:
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 or commercial courier 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) occurs.
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 (5) 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 of
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violation shall identify the date on which the civil penalties shall begin to
accrue.
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the city: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
3. Daily Violations: Each day a violation continues after the citation deadline shall
give rise to a separate civil penalty.
4. Compliance: Accumulation of penalties for violations, but not the obligation for
payment of penalties 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 (6) months of the initial correction, the city will begin
enforcement of said recurring violation and penalties will begin accruing after a
ten (10) day warning period.
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section
5.14.130 of the Salt Lake City Code is hereby amended as follows:
5.14.130: REFUSAL TO PERMIT INSPECTIONS:
If a rental dwelling business license holder, or an agent of such business license holder, refuses
to permit the city to conduct an inspection authorized under this chapter, then the city has
adequate grounds to:
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at
issue;
B. Disqualify the rental dwelling at issue from participation in the city's Landlord/Tenant
Initiative pursuant to chapter 5.15 of this title;
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C. After making reasonable efforts to obtain permission of the owner or other person having
charge or control of the premises or dwelling unit, enter a rental dwelling at issue to inspect it or
to otherwise perform duties imposed by this chapter; and/or
D. Pursue any and all other remedies available to the city.
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section
5.15.070 of the Salt Lake City Code is hereby amended as follows:
5.15.070: DISQUALIFICATION:
A. License Office Duties: If the License Office disqualifies an applicant from participating
in the Landlord/Tenant Initiative Program or concludes that an owner has violated the provisions
of this chapter or the owner's rental dwelling management agreement with the city, the License
Supervisor shall:
1. Notify the rental dwelling owner of the violation and the basis for such action by
either:
a. Certified mail or commercial courier;
b. Personal service; or
c. Mailing a copy of the notice to the rental dwelling owner and posting a
copy of the same notice at the rental dwelling; and
2. Assess the rental dwelling owner for any disproportionate rental fees
corresponding to such rental dwelling that were reduced under this chapter for the currently
applicable license period.
B. Appeal: A rental dwelling owner or agent who receives a notification and
assessment as provided in subsection A of this section may appeal such action in accordance
with the procedures set forth in Chapter 2.75.
C. No Partial Reduction if Disqualified: If the owner of a rental dwelling is
disqualified from the Landlord/Tenant Initiative Program with respect to a particular rental
dwelling during any portion of the licensing period for which a reduction was provided, the
rental dwelling at issue, shall be disqualified from the program, and the disproportionate rental
fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety of the
term of such rental dwelling business license. The rental dwelling owner shall pay the full
disproportionate rental fee for such rental dwelling for that year.
D. Readmission: After disqualification, the rental dwelling at issue may qualify for
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the
rental dwelling owner has corrected the problems leading to disqualification and has paid all
amounts due in the prior year.
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SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section
5.16.100 of the Salt Lake City Code is hereby amended as follows:
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS:
An auctioneer's license may be revoked by the city license supervisor, or an application for
issuance or renewal of such license may be refused by the city license supervisor.
A. Grounds for Revocation or Denial.
1. The applicant or license holder has committed any of the violations set forth in
Section 5.02.250 of this title, or its successor; or
2. The application of the applicant or license holder contains any false, fraudulent or
misleading material statements; or
3. The applicant or license holder has made any false, fraudulent or misleading
material statement in the course of conducting an auction sale of, or in offering for sale at
auction, any real or personal property (goods, wares or merchandise) in the city; or
4. The applicant or license holder has perpetrated a fraud upon any person, whether
or not such fraud was perpetrated in the conduct of an auction in the city; or
5. The applicant or license holder has violated any of the statutes of the state relating
to auctions or auctioneers; or
6. The applicant or license holder has conducted an auction sale in the city or offered
for sale at an auction in the city, any real or personal property (goods, wares or
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the
peace or a menace to the health, safety or general welfare of the public.
B. Such determination may be appealed in accordance with Chapter 2.75.
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety.
5.16.110: RESERVED
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section
5.40.120 of the Salt Lake City Code is hereby amended as follows:
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5.40.120: LICENSE; REVOCATION CONDITIONS:
Any license granted or extended under this chapter may be revoked or suspended pursuant to the
procedures provided in Chapter 5.02 for any of the following reasons:
A. Any misrepresentation made in obtaining a license;
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed
a crime involving moral turpitude;
C. The violation of any provision of this chapter;
D. A showing of any evidence which provides reasonable grounds to believe that the
licensee has committed or aided in the preparation for or allowed his records, tools, equipment,
facilities or supplies to be used for the commission of any crime.
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040
of the Salt Lake City Code is hereby repealed.
5.51.040: RESERVED
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050
of the Salt Lake City Code is hereby repealed.
5.51.050: RESERVED
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060
of the Salt Lake City Code is hereby repealed.
5.51.060: RESERVED
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070
of the Salt Lake City Code is hereby repealed.
5.51.070: RESERVED
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SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080
of the Salt Lake City Code is hereby repealed.
5.51.080: RESERVED
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090
of the Salt Lake City Code is hereby repealed.
5.51.090: RESERVED
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section
5.61.380 of the Salt Lake City Code is hereby amended as follows:
5.61.380: APPEAL PROCEDURES:
If the license is denied or approved with qualifications, or if a notice of suspension, revocation or
citation of a civil fine is imposed, the applicant or licensee may challenge that adverse action
pursuant to the processes set forth in Chapter 2.75.
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section
5.63.065 of the Salt Lake City Code is hereby amended as follows:
5.63.065: DRIVER'S QUALIFICATIONS:
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be
issued to any of the following persons:
1. Any person under the age of eighteen (18) years;
2. Any person who is currently required to register with the sex and kidnap offender registry
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor;
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or
dangerous drugs, a felony conviction for an offense against a person or property, unless a
period of not less than five (5) years shall have elapsed since the date of conviction or the
date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five (5)
years immediately preceding application for a license;
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5. Any person who has been convicted of driving a vehicle while under the influence of
alcohol or a controlled substance, or of being in or about a vehicle while under the
influence of alcohol or a controlled substance with the intent of driving such vehicle,
within the five (5) years immediately preceding application for a license;
6. Any person who has been convicted of two (2) or more felonies.
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section
5.63.070 of the Salt Lake City Code is hereby amended as follows:
5.63.070: APPEAL:
Any license that is suspended, revoked, or associated application rejected, the applicant/licensee
shall be entitled to appeal such determination in accordance with Chapter 2.75.
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section
5.64.750 of the Salt Lake City Code is hereby amended as follows:
5.64.750: SUSPENSION AND REVOCATION OF LICENSE:
A. In addition to any penalties that may be imposed, any license issued under this article
may be suspended or revoked for any of the following reasons:
1. Fraud, misrepresentation, or knowingly false statement contained in the application
for the license;
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on
the business of vending;
3. Conducting the business of vending in any manner contrary to the conditions of the
license;
4. Conducting the business of vending in such a manner as to create a public nuisance;
cause a breach of the peace; constitute a danger to the public health, safety, welfare,
or morals; or interfere with the rights of property owners; or
5. Cancellation of Utah Department of Agriculture authorization, or of the required
authorization of any successor agency, for a food or beverage vending unit due to
uncorrected health or sanitation violations.
B. Any suspension of revocation of a license under this article shall be subject to
Chapters 5.02 and 2.75.
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C. If the city revokes a vending license or permit, the fee already paid for the license
or permit shall be forfeited. A person whose license or permit has been revoked under this
section may not apply for a new license for a period of one year from the date that the revocation
took effect.
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760
of the Salt Lake City Code is hereby repealed.
5.64.760: RESERVED
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section
5.65.190 of the Salt Lake City Code is hereby amended as follows:
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE:
A. The Business License Administrator may revoke or suspend the business license
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if
he/she finds:
1. That such person has violated or failed to meet any of the provisions of this
chapter;
2. That there are grounds for denial, suspension or revocation as set forth in
section 5.02.250 of this title, or its successor section, or in any other city
ordinance or State or Federal law or regulation;
3. That such person has been convicted within the last seven (7) years of any crime
involving moral turpitude, narcotic or dangerous drugs, or offenses against a
person or property;
4. Any required license or permit has been suspended, revoked or canceled; or
5. The permittee does not have a currently effective insurance policy in the
minimum amount provided in this chapter; or
6. That the permittee has abandoned the use of the permit operating location for the
conducting of business. The failure of a permittee to vend from a vending cart
within the permittee's permit operating location for thirty (30) continuous
calendar days or more, except during the period of December, January, and
February, shall constitute abandonment.
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the
procedures set forth in Chapter 5.02.
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SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section
5.71.010 of the Salt Lake City Code is hereby amended as follows:
5.71.010: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground
transportation business contracted through the department of airports to provide on demand
shared ride service to and from the Salt Lake City International Airport.
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating
under contract with the department of airports to provide airport shared ride service to and from
the Salt Lake City International Airport.
APPLICANT: An individual who has submitted an application to the department to obtain a
ground transportation vehicle operator's badge pursuant to article VII of this chapter.
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any
ground transportation vehicle, which has a current, valid business license as required by the city
and which:
A. Registers the business in accordance with the requirements established by the
department, and
B. Is current with all fees or charges imposed by the department and city.
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not
including the driver.
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including
the driver.
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
BUSINESS LICENSING OFFICE: The department of finance of Salt Lake City Corporation, or
its successor.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
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COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its
successor.
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for
transportation of customers and/or baggage without making a specific separate charge to the
passenger for such transportation.
DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic
transponder used to identify vehicles and provide the department with vehicle data and billing
information.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the
department to verify that the vehicle meets the standards set by the department director,
department rules and regulations, applicable contracts, and applicable city ordinances, including,
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing,
safety, and insurance requirements.
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that
a ground transportation vehicle has passed the required department inspection. These department
inspection seals are nontransferable and no ground transportation vehicle may be operated
without such seal.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern commercial ground transportation operations within the
city.
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule
previously announced as to time of departure and arrival between definitely established and
previously announced points along definitely established and previously announced routes
regardless of whether passengers or freight are to be carried.
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation
vehicle.
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground
transportation business.
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare
is collected.
HOLDER: A person to whom a certificate of public convenience and necessity has been issued.
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HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business
under contract to or directly by a motel, hotel, or other lodging business, to provide
transportation of customers and/or baggage for the contracted establishment for which
transportation the customer is charged a separate fee or fare, and which is subject to a contract
filed with the department providing for operating the vehicle.
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business
attire or a chauffeur's uniform.
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four
(24) persons, not including the driver.
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business
named in a civil notice issued by the city.
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by
an authorized ground transportation business which is not "scheduled service" or "prearranged
service" as defined in this section.
OPERATOR: Persons engaged in the ground transportation business.
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the
services of an ambulance, and who need or desire special transportation equipment or
accommodation for physical or mental infirmities.
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation
business from points within the city to destinations within the city, or beyond, for which the
authorized ground transportation business providing such transportation has recorded the name
or description of prospective passenger and the date and time of the request for transportation at
least thirty (30) minutes prior to the transporting of the passenger by such vehicle.
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation
business on a fixed schedule posted with and approved by the department in advance of such
transportation.
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the
transportation of persons with disabilities.
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific
purpose, including, but are not limited to, special conversion vehicles and classic or collector
automobiles, but excluding special transportation vehicles.
STARTER: A person appointed by and representing a ground transportation business who is
responsible for managing the coordination of vehicles and passenger transportation for that
business.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
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available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but
which is subject for contract hire by persons desiring special trips from one point to another, as
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in
Salt Lake City by contract with the department.
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of
facilitating ground transportation services, such as, but not limited to, the Salt Lake City
Intermodal Hub.
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of
freight, luggage, or other items.
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger
seating capacity of six (6) to twelve (12), not including the driver.
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows:
5.71.300: CIVIL PENALTIES AND ENFORCEMENT:
B. The department may revoke, suspend, or deny the application for or a renewal of
an operator's badge, department automated vehicle identification tag or department inspection
seal for violations of any provision of this title, department rules and regulations, or other
applicable law. Such action may be appealed in accordance with Chapter 2.75.
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section
5.71.310 of the Salt Lake City Code is hereby amended as follows:
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
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SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section
5.71.310 of the Salt Lake City Code is hereby repealed in its entirety:
5.71.320: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter , and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, may request an expedited appeal of the action that
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to
the department. The department shall promptly investigate the facts relating to such exclusion. If
the evidence indicates such exclusion is improper under this chapter, the Department Director
may reverse the action that resulted in such exclusion. If the Department Director does not
reverse such action, the action resulting in such exclusion shall be heard and determined by the
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground
Transportation Appeal Committee shall uphold such exclusion.
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section
5.72.005 of the Salt Lake City Code is hereby amended as follows:
5.72.005: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake
City, Utah.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00).
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to
provide taxicab services.
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DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved
by the department for providing taxicab or other services within the corporate boundaries of Salt
Lake City, including the airport.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern ground transportation service and businesses within the
city.
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare.
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab
are indicated.
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the
taximeter through the operation of the mileage and time mechanism.
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that
is not already engaged in transport of passengers to respond to the person's location for hiring
and transport of persons or property.
HIRED: The button on the face of a taximeter, which when activated places the taximeter in
operation, signifying the start of a billing process for the person(s) engaging the use of the
taxicab.
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for
the transportation of passengers for hire.
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated
association.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the
driver, used in the on demand, for hire transportation of passengers or baggage over the public
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for
contract hire by persons desiring special trips from one point to another and authorized to operate
in Salt Lake City by contract with the department.
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures
mileage by the distance driven and the waiting time upon which the fare is based, and which
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automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a
taxicab.
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a
passenger to the time of discharge of passenger(s).
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows:
B. The department may revoke, suspend, or deny renewal of an operator's badge,
department automated vehicle identification tag or department inspection seal for violations of
any provision of this title, department rules and regulations, or other applicable law. Such action
may be appealed in accordance with Chapter 2.75.
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section
5.72.890 of the Salt Lake City Code is hereby amended as follows:
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section
5.72.900 of the Salt Lake City Code is hereby repealed as follows:
5.72.900: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter, and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, such party may request an expedited appeal of the
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so
excluded to the department. The department shall promptly investigate the facts relating to such
exclusion. If the evidence indicates such exclusion is improper under this chapter, the
Department Director may reverse the action that resulted in such exclusion. If the Department
Director does not reverse such action, the action resulting in such exclusion shall be heard and
determined by the Ground Transportation Appeal Committee in accordance with the provisions
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of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this
chapter the Ground Transportation Appeal Committee shall uphold such exclusion.
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section
5.74.170 of the Salt Lake City Code is hereby amended as follows:
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS:
A. The licensee shall be responsible for the operation of the licensed premises in
conformance with this code. The city may revoke or suspend the license or licenses covering the
businesses conducted on such premises, regardless of the ownership thereof, for the following
violations:
1. A violation or conviction of Utah Code section 76-9-301.8, 76-9-702, or 76-10-1206;
2. A violation of any provision set forth in this chapter;
3. A violation or conviction of any ordinance referred to in
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of
section 5.28.060 of this title or section 11.16.100 of this code, or their successors;
4. Violations or convictions of any material misrepresentation, or for any fraud
perpetrated on the licensing authority through application or operation of such
business;
5. A violation of any law of the state, or ordinance of the city which affects the health,
welfare and safety of its residents, and which violation occurred as a part of the main
business activity licensed under this chapter and not incidental thereto;
6. A violation or conviction of showing motion pictures for which the establishment is
not properly licensed as required by this chapter.
B. The foregoing provisions of this section, or its successor, notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing
obscene material.
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section
5.74.180 of the Salt Lake City Code is hereby amended as follows:
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES:
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Any suspension or revocation of a license pursuant to this chapter shall be conducted as provided
in Chapter 5.02 of this title or its successor. Any decision to revoke or suspend a license shall be
stayed until the time period for appealing the decision has expired or a decision on any appeal is
issued pursuant to the provisions of Chapter 2.75.
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section
5.88.030 of the Salt Lake City Code is hereby amended as follows:
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION:
A. Notices of violation shall be adjudicated as civil violations in accordance with the
procedures set forth in Chapter 2.75.
B. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision is set forth therein, then the more specific enforcement provisions and
processes set forth in the chapter that corresponds to the violation shall supersede the provisions
of this section.
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section
5.88.040 of the Salt Lake City Code is hereby amended as follows:
5.88.040: PENALTIES FOR CIVIL VIOLATIONS:
A. The following penalties shall be imposed where a notice of violation is issued for
a violation of the city ordinances set forth in this title:
1. Where a notice of violation has been issued for a first violation of a city
ordinance, such notice of violation shall constitute a written warning.
2. Where a notice of violation has been issued for a second violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of two
hundred fifty dollars ($250.00).
3. Where a notice of violation has been issued for a third violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00).
4. Where a notice of violation has been issued for a fourth or subsequent violation of
a city ordinance, the recipient of such notice of violation shall:
a. Pay a civil penalty of five hundred dollars ($500.00); and
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b. Shall be placed on probation for a period of one (1) year from the date on
which the notice of violation was issued.
5. If, during the period of probation specified in subsection A4b of this section, a
notice of violation is issued for a violation of the same ordinance that resulted in
such probation, then:
a. The recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00);
b. The business license of the recipient of such notice of violation shall be
revoked; and
c. The recipient of such notice of violation may not reapply for a new business
license for at least six (6) months from the date of revocation.
B. Any reference to second, third, fourth, and subsequent violations refers to repeat
violations of the same city ordinance that occur within a twenty four (24) month period. Unless a
specified citation interval is provided by ordinance related to the specific violation or license at
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days.
C. The city may not revoke a business license pursuant to subsection A5b of this
section without satisfying the due process requirements set forth in Section 5.02.250.
D. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision or penalty is set forth therein, then the more specific enforcement
provisions, processes, and penalties set forth in the chapter that corresponds to the violation shall
supersede the provisions of this section.
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section
8.04.020 of the Salt Lake City Code is hereby amended as follows:
8.04.020: ANIMAL SERVICES:
Animal services may be provided through a legally executed agreement, which includes the
authority and power to enforce this title. Alternatively, the city may elect to provide its own
animal services without entering into a contract with an outside provider. In the event that animal
control services are provided by another political subdivision, the duly enacted ordinances and
regulations of that political subdivision shall apply and supersede the requirements of this Title.
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section
8.15.025 of the Salt Lake City Code is hereby amended as follows:
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8.15.025: NOTICES OF VIOLATION:
A. Notices of violations shall be adjudicated as civil violations in the small claims court in
accordance with the procedures set forth in Chapter 2.75.
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as
follows:
B. Any violation of this chapter shall constitute a civil violation and shall be handled as
provided by Chapter 2.75. Civil penalties shall be imposed as follows:
Section Of This Chapte Penalt
9.08.030G $50.00 per violatio
9.08.090 and 9.08.095 $25.00 for the first citation
$50.00 for the second citation within 6
months of the first citation
$100.00 for the third citation within 6 months
of the first citatio
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
11.14.050: ADMINISTRATIVE APPEALS:
Service fees and costs imposed pursuant to this chapter shall be adjudicated as civil violations in
accordance with Chapter 2.75.
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.24.016: RESERVED
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
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12.24.018: RESERVED
SECTION 52. Amending the text of Salt Lake City Code Section 12.24.018. That Section
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES:
A. Any person having received a citation as to unauthorized use of streets, or the owner of
any vehicle employed in such use, may appeal such notice pursuant to the procedures set forth in
Chapter 2.75.
B. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may dismiss the notice of unauthorized use and release the owner or driver from liability
thereunder. Such defenses are:
1. At the time of the receipt of the notice, possession of the subject vehicle had been
acquired by a third party in violation of the criminal laws of the State;
2. If the notice of unauthorized use of streets alleges a violation of any ordinance
pertaining to a parking meter, such meter was mechanically malfunctioning to the
extent that its reliability is questionable;
3. Compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property;
4. Citations for overtime parking in metered or time restricted zones received by a city
employee or guest while on official Salt Lake City business will be dismissed upon
written request from the applicable department director or designee on official
letterhead or by electronic mail. The request must be made within ten (10) days of
receipt of the citation and must include a brief description of the reason for the
request, and be submitted to the Salt Lake City Corporation director of revenue
operations. Parking violations other than overtime parking and meter violations will
not be dismissed in this manner;
5. Unlimited time parking by exempt vehicles will be allowed at city meters and time
restricted locations. In order to qualify, the exempt vehicle must either be a marked
official vehicle pursuant to Section 12.56.590, or it must be included in the city’s
exempt database. Requests for dismissals of other parking violations may be
considered and should be submitted to the Salt Lake City Corporation director of
revenue operations;
6. If the owner of the vehicle is deceased but was living when the ticket was issued;
7. If the vehicle was sold by a third party and the citation was issued prior to the sale,
provided the sale is reported to the DMV and the bill of sale is submitted within
twenty (20) days of receipt of the parking citation.
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C. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may reduce the penalty associated therewith, but in no event shall such penalty be reduced
below the sum of ten dollars ($10.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been
acquired by another party pursuant to a written lease agreement or similar written
agreement;
2. The subject vehicle was mechanically incapable of being moved from such location;
provided, however, such defense shall not apply to any vehicle which remains at such
location in excess of six (6) hours;
3. Any markings, signs or other indicia of parking use regulation were not clearly visible
or comprehensible;
4. At the time of the notice of violation a responsible person receiving such notice of
violation had, but failed to properly display, a special disability group license plate or
placard that was valid and relevant to the violation for which the citation was issued;
5. At the time a citation issued for failure to display a residential parking permit a valid
residential parking permit existed, but such permit was not properly displayed;
6. Such other mitigating circumstances as have been approved by the parking civil
manager.
D. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days
from the receipt of the citation, the city may use such lawful means as are available to collect
such penalty, including costs. Such collection efforts shall be stayed while an appeal is pending
before a hearing officer or administrative appeals officer pursuant to Chapter 2.75.
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL
PENALTIES:
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who
fails to comply with Section 14.20.070 of this chapter commits a civil violation. Such violation
shall be handled in accordance with the procedures set forth in Chapter 2.75, or its successor.
B. The civil penalty for violation of this section shall be as set forth below:
1. For any property with street front footage of two hundred feet (200') or less:
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within twenty four (24) hours;
45
b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within forty eight (48) hours; and
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
2. For any property with street front footage of more than two hundred feet (200'):
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within twenty four (24) hours;
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet
is not removed from sidewalks within forty eight (48) hours; and
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER:
Any suspension or revocation or stop order by the city engineer may be appealed in accordance
with the procedures set forth in Chapter 2.75.
SECTION 55. Amending the text of Salt Lake City Code Section 16.60.090. That Section
16.60.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.60.090: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground
transportation business contracted through the department of airports to provide on demand
shared ride service to and from the Salt Lake City International Airport.
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating
under contract with the department of airports to provide airport shared ride service.
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any
ground transportation vehicle, which has a current, valid business license as required by the city
and which:
A. Registers the business in accordance with the requirements established by the department,
and
46
B. Is current with all fees or charges imposed by the department or city.
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less not
including the driver.
BUS: Any motor vehicle with a seating capacity of twenty five (25) passengers or more, not
including the driver.
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
CIVIL NOTICE: The written notice of a ground transportation violation.
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for
transportation of customers and/or baggage without making a specific separate charge to the
passenger for such transportation.
DEPARTMENT: The Salt Lake City Department of Airports.
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic
transponder used to identify vehicles and provide the department with vehicle data and billing
information.
DEPARTMENT DIRECTOR: The director of the Salt Lake City Department of Airports.
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that
a ground transportation vehicle has passed the required department inspection. These department
inspection seals are nontransferable and no ground transportation vehicle may be operated
without such seal.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern ground transportation service and businesses at the airport.
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule
previously announced as to time of departure and arrival between the airport and definitely
established and previously announced points along definitely established and previously
announced routes regardless of whether there are passengers or freight to be carried.
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation
vehicle.
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground
transportation business.
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of
persons using Salt Lake City streets for commercial purposes regardless of whether a fee or fare
is collected.
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business
under contract to or directly by a motel, hotel, or other lodging business to provide transportation
of customers and/or baggage for the contracted establishment, for which transportation the
47
customer is charged a separate fee or fare, and which is subject to a contract filed with the
department providing for operating the vehicle.
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business
attire or a chauffeur's uniform.
MINIBUS: Any motor vehicle with a seating capacity of sixteen (16) to twenty four (24)
passengers, not including the driver.
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by
an authorized ground transportation business which is not "scheduled service" or "prearranged
service from the airport" as defined in this section.
OPERATOR: Persons engaged in the ground transportation business.
PREARRANGED SERVICE FROM THE AIRPORT: Transportation from the airport to points
within the corporate limits of Salt Lake City provided by an authorized ground transportation
business which is contracted for between such business and the person to be transported, or by an
agent of the person, prior to the arrival of the person at the Salt Lake City International Airport.
Prearranged service from the airport shall include airport ground transportation contracted for by
an airline company on behalf of its own passengers whose regular air travel may have been
disrupted in some manner. An agent may include a travel agent, family member, employee,
business or meeting planner, but excludes an authorized ground transportation business.
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation
business on a fixed schedule posted with the department in advance of such transportation.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle used in the on demand for hire transportation of passengers or
baggage over the public streets and not operated over a fixed route or upon a fixed schedule, but
which is subject for contract hire by persons desiring special trips from one point to another, as
provided under title 5, chapter 5.72 of this code, or its successor chapter, and authorized to
operate in Salt Lake City by contract with the department.
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger
seating capacity of six (6) to twelve (12), not including the driver.
SECTION 56. Amending the text of Salt Lake City Code Section 16.64.030. That Section
16.64.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.64.030: CIVIL PENALTIES AND ENFORCEMENT:
48
A. Any person or entity in violation of this title, department rules and regulations, or
other applicable law is subject to civil penalties and any other lawful action as may be taken by
the Department Director to ensure the safe and effective operations of the airport.
B. The city may revoke, suspend, or deny renewal of a city business license to
operate a business for violation of any provision of this title, department rules and regulations, or
other applicable law as provided under Chapter 5.02.
C. The department may revoke, suspend or deny renewal of an operator's badge,
department automated vehicle identification tag, or department inspection seal for violation of
any provision of this title, department rules and regulations, or other applicable law. Such action
may be appealed in accordance with Chapter 2.75.
SECTION 57. Amending the text of Salt Lake City Code Section 16.64.050. That Section
16.64.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.64.050: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested as provided in Chapter 2.75, or its successor.
SECTION 58. Repealing the text of Salt Lake City Code Section 16.64.060. That Section
16.64.060 of the Salt Lake City Code shall be repealed as follows:
16.64.060: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter, and
has not had a hearing before an Appeal Committee regarding such exclusion as provided for in
this chapter, may request an expedited appeal of the action that resulted in such exclusion. Such
appeal shall be requested in writing by the party so excluded to the department. The department
shall promptly investigate the facts relating to such exclusion. If the evidence indicates such
exclusion is improper under this chapter, the Department Director may reverse the action that
resulted in such exclusion. If the Department Director does not reverse such action, the action
resulting in such exclusion shall be heard and determined by an Appeal Committee in accordance
with the provisions of this chapter. If a preponderance of the evidence indicates such exclusion is
proper under this chapter the Appeal Hearing Committee shall uphold such exclusion.
SECTION 59. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
49
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 60. Effective Date. That this ordinance shall become effective on the date of
publication.
Passed by the City Council of Salt Lake City, Utah, this _______ day of
________________, 2025.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2025.
Published: ____________________.
Ordinance Establishing Uniform Administrative Hearing Process_v7
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
April 1, 2025
50
EXHIBIT A
GENERAL FUNDS MISCELLANEOUS FEES
Service Fee Additional Information Section
Appeal of a decision to an administrative
appeals officer
$___ Fee will not be greater than the base
civil penalty being appealed.
2.75.170.C
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SALT LAKE CITY BOARD MEMBER APPOINTMENT
To:
Salt Lake City Council Chair Submission Date:
07/07/2025
Date Sent To Council:
07/07/2025
From:
Otto, Rachel
Subject: Board Appointment Recommendation: Disciplinary Appeals Hearing Officer
Recommendation:
The Administration recommends the Council approve the appointment of Heidi J. Alder to the Disciplinary Appeals Hearing Officer for a 2 year
term starting on the date of City Council advice and consent .
Approved:*
Otto, Rachel
Date/Time Opened Contact Name Subject Description
7/9/2025 9:33 Tim FREDERIKSEN Comment left from Council Meeting Regarding last nights formal meeting decision on the Zoning changes. I strongly oppose to the zoning changes. I
have been to several meetings and Ale Puy has done nothing to help us with our M1 zoning. I represent 75 hard
working American people, many who are in dire need of employment, other than Home Depot, Target, Walmart.
Attached comment from the 7.8.25 meeting. *Attachment 1 - 1 Page
7/9/2025 10:01 Mark Baer Clean up Foothill Drives...Please! What an
embarrassment.weeks growing in, around and through the sidewalks. What a disgrace it is presently. After public safety the best
and most obvious thing a city can do is maintain itself which obviously (should) includes cleaning up areas,
especially entry areas such as foothill drive from the freeway exit north to Emmigration Canyon road. Think: ‘take
care of the little things and the big things start to take care of themselves.' Thank you, Mark W Baer
middle of the park in the fountain in front of CHILDREN!!!! AGAIN. This fountain is nothing but an issue. Not only is
our a health hazard due to junkies bathing every day. Not splashing water on themselves but shoving their genitals
and bottoms into the drinking fountain. But it's in front of CHILDREN. Every single fucking day.
ranking we submitted to the CIP committee for your information. Please see attached letter and rankings for the
Transportation Advisory Board's recommended rankings for the 2025 CIP. Thank you Justice Morath Chair, SLC
concerned about the closimgs because it is happening too often. To my knowledge, there have been three
closings in the last few months. That is too many in my opinion. The offering of services and activities is so
valuable to my generation. Our children are too busy with trying to make a living to enrich our lives in this day and
age. We need these governnment benefits to improve our well being. Do you not care about us anymore?
become a homeless encampment 24/7. Groups of homeless hanging out their from dawn to dusk, probably in the
middle of the night but I don't check then. There are camps, stolen bikes, it is a threatening situation. My girlfriend
and I both don't use the park anymore. I have called the police, I have used the SLCApp. It is an absolute
nightmare what is happening here. These homeless are ruining the area. It is pathetic and I want something to be
done. I have reached out to all resources as much as I can. It is a nightmare! Please do something about it.
Attachment 1 - Page 1
Date/Time Opened Contact Name Subject Description
7/10/2025 9:37 Ryan Ermisch Question's about old church on Foothill and e.
1300 south to respond ever, so I figured I would send to this email. OLD CHURCH ON FOOTHILL DRIVE – LITTERED WITH
GRAFFITI I was wondering, is anyone going to eventually demolish the church located across foothill drive from
the Wasatch Hills Seventh day Adventist church? This building is such an eyesore lately… has anyone seen it?
Smashed windows, tons of large tagging and graffiti, homeless, weeds, broken down fence… what a disaster.
SPEEDING ON E. 1300 SOUTH Also, e. 1300 south – as you drive up the hill from Wasatch drive to Roxbury, people
drive 65 mph and I am afraid someone will get hurt. I have emailed the city and I cannot get a straight answer as to
why there are no speedbumps located in this section. After talking to neighbors, some are telling me they have
been asking for speedbumps for over 10-years!!! Curious why these requests go unanswered as we are basically
in a school zone where kids walk on daily basis. The response I received was that the City of Salt Lake had not
“gotten to our area yet.” I don’t understand that and was wondering if you could decipher what that means as
there are several speedbumps up the hill, and several speedbumps located down the hill on the other side of
Foothill. My guess, is that the city is implementing traffic calming initiatives and maybe our section of town is part
of a long term plan? Who knows… Anyways, here is a google map picture of the church before it looked like
something out of Escape from New York. *Photo attached. Thank you for your help and everything you do to
reaching out to you to ask you to do all you can to ensure that Salt Lake City is a sanctuary for immigrants and
those facing the brunt of the Trump administration's cruel immigration tactics. It has been heart wrenching to
watch people, families, and communities be torn apart by Trump's policies. Please do all you can to protect
vulnerable members of our community, and to ensure that Salt Lake City is a sanctuary for those targeted by the
Over the past 10 years, I have reached out through emails, conversations, and at Council Meetings at least twice a
week... well over 1,000 times... in an unsuccessful attempt to have meaningful conversations with Council
Members about how Salt Lake City deals with the mentally ill and addicted chronically homeless. The number of
homeless folks living on our streets has increased, and the police budget grows and grows. Our jails are full, and
problem is still a problem. Yet, no one wants to talk about anything but how to find ways of spending more and
more on more of the same old stuff. After our conversation, I also realized that the only Council Members who
have been honest with me over the past few years are the two who blocked my emails. I know where they stand.
They don't pretend they are interested in what I have to say. I'll continue advocating for what we do and for the
mentally ill and addicted in the community. What we do seems to be working. We are so confident, we're
I won't be doing in the future is spending my time writing emails no one reads. Bernie
Here are the pictures of the church. Its really an eyesore and I cannot imagine the liability. Additional photos to
the 7.10.25 comment. **Attachment 2 - 2 Pages
Attachment 2 - Page 1
Attachment 2 - Page 2
Date/Time Opened Contact Name Subject Description
7/11/2025 16:26 Anonymous Constituent City owned lot The City owned lot on my street has been a mess for years. I keep bringing it to the attention of the Mayor's office
and other departments. It might get addressed weeks later. Clearly the City doesn't care about it though because
it gets bad again and I have to report again. Why are you not keeping track of your properties? If you're not going to
build something, sell it to someone who will. It is full of trash and presumably stolen items. I bet I would find the
hose that was stolen from my house, which I caught on camera over there. I don't expect anything from D2 since
this isn't a train issue and other issues I've brought up before have not been resolved. Just trying to cover my
bases.
7/14/2025 16:14 Elissa Ridgway Commercial Mixed Use Zoning I recently heard that our city is planning on creating more apartment buildings with stores at the base (if I
understand the email I got correctly, I’m new to all of this). I just want to let you know that I think that’s a good
idea. Keep up the good work! I would love to see some of the development be more affordable as well, if possible.
Thanks for all that you do! Elissa Ridgway
7/16/2025 9:39 Ryan Mahoney 1/2 Follow-Up: Lawless E-Bike Behavior & Dangerous
Design on 300 West Still Unaddressed
Dear Salt Lake City Council, This marks the Third or Fourth time I have reported serious safety concerns regarding
the 300 West corridor, particularly at and near 1500 South. I’ve previously submitted a detailed written complaint,
maps, photos of the visibility hazards, and specific examples of dangerous incidents — yet nothing has been done.
In the time since my last correspondence, the situation has further deteriorated, and today, once again, I was the
target of an aggressive, high-speed e-bike rider who physically struck my vehicle and launched into a profanity-
laced tirade — all because I was partially in the bike lane while trying to safely exit a side street with no visibility
and traffic behind me. This is not new. It is a repeating, predictable, and worsening pattern, and one that Salt Lake
City is now actively ignoring at its own risk. ___ The Core Problem The 300 West corridor has devolved into a
dangerous and dysfunctional stretch of infrastructure — not just because of poor design (which I’ve previously
documented), but because it is being overrun by lawless, high-speed e-bike and e-scooter riders who: • Regularly
travel at 25–40+ mph, with no enforcement or speed control; • Ignore Utah traffic laws, including yielding, helmet
use, and pedestrian right-of-way; • Treat the bike lane as an exclusive right-of-way, assuming all vehicles must
defer at all times; • Harass drivers who are temporarily stuck in or edging into the bike lane due to traffic
conditions and zero sightlines; • Physically strike vehicles and verbally assault drivers, with no consequence.
These behaviors are not only unsafe — they are emboldened by a complete lack of oversight. And let me be clear:
this is no longer just a traffic issue — it’s a public safety and legal liability issue. If a gas-powered motorcycle were
being driven at these speeds down a public bike lane, law enforcement would intervene. But we’re allowing
electric vehicles — many of which are capable of matching or exceeding those speeds — to use public bike
infrastructure with zero regulation. Why? __ Even Cyclists Are Avoiding the Bike Lane Traditional cyclists — the
very people this infrastructure was designed to support — have started riding across 300 West outside of the bike
lane entirely, presumably because they feel unsafe sharing it with fast, silent, and unpredictable e-bikes and
scooters. This should be a flashing red light that something is deeply wrong. __ My Questions to the City Are
Simple: • How many more times must this issue be reported before it is taken seriously? • What legal protections
exist for drivers being physically attacked or falsely blamed in bike lane conflicts created by poor design? • Why is
Salt Lake City failing to regulate and enforce electric vehicle behavior in public bike lanes? • Will it take a serious
injury or death to force the City to act? __
Date/Time Opened Contact Name Subject Description
7/16/2025 9:39 Ryan Mahoney 2/2 CONTINUED!! Follow-Up: Lawless E-Bike Behavior
& Dangerous Design on 300 West Still
Unaddressed
its side street crossings; 2. Immediate signage and ground markings directing e-bike and scooter riders to yield,
slow down, and share space responsibly; 3. Enforcement of existing traffic and helmet laws for e-bike and scooter
riders; 4. Removal or relocation of obstructive signage, including that from 1500 Flats Apartments; 5. A public
e-vehicles. _I implore you — beg you — to act on these substantial safety concerns before someone is seriously
hurt or killed. These are not abstract hypotheticals. These are real, documented incidents, reported multiple
times, in good faith, by a concerned citizen. I am doing my part. I am asking the City to finally do theirs. If the City
continues to dismiss and ignore these warnings, and a tragedy does occur, I will make certain that the media, the
public, and any affected families know that these dangers were repeatedly brought to your attention — and that
you chose not to act. Sincerely, Ryan Mahoney Candidate for West Valley City Council
*Attachment 3 - 2 Pages
Hubbard Ave / D5 homes with small children and families that get up the next day to go to work. I'm really having a hard time
understanding why the city isn't doing more about restricting certain behaviors. Fireworks ensued well into the
early morning hours. 4 am to be exact. They were so loud that car alarms were going off. It was constant and
deafening. The police didn't do anything despite multiple residents calling. I don't understand how the city is able
to purchase porta potties, provide cleanup services, mitigate all of this camping out and fund extra public safety
personnel for a state recognized holiday but can't possibly put in lamp posts on the same street. I find the
hypocrisy of allowing people from neighboring cities the ability to camp out in a residential neighborhood
hysterical considering the number of encampments that are destroyed by authorities . The people who came out
for the parade are disrespectful, inconsiderate and entitled . The fact the city allows it proves how little the city
cares about the actual residents. Your police officers are also doing a bang up job blocking residents into their
homes preventing them from leaving. What the hell is going over there ? The city needs to try harder and consider
that maybe residents don't want these parades or marathons. They don't bring us anything but chaos and stress.
needs to change for ANYTHING to change and that change begins with perspective, understanding, insight, and
compassion. I have been interviewing homeless people over the past 4 months and getting to know them over
lunch. I have learned a lot and would be happy to sit down and share my findings. Below is an image I made today
to celebrate Pioneer Day— Thanks for your time & consideration— All the best— Dr. Rick Wadsworth
traffic time to address. Please see the corner just north of 5th north light coming up from marmalade neighborhood.p
which intersects with Victory road. Cannot see oncoming traffic driving into city on Victory road from that stop, It’s
a hazardous merge onto Victory road from that side street when you cannot see cars. Isn’t this a city concern?
Attachment 3 - Page 1
Attachment 3 - Page 2
Date/Time Opened Contact Name Subject Description
7/25/2025 16:48 Brianna Moore Pioneer Day Parade Chaos / D5 The Pioneer Day parade things are getting more and more out of hand. This is a residential area. There are pets ,
homes with small children and families that get up the next day to go to work. I'm really having a hard time
understanding why the city isn't doing more about restricting certain behaviors. It's currently 1 AM and there are
fireworks still going off. They are so loud that car alarms are going off. It is constant and deafening. The police
aren't doing anything. I don't understand how the city is able to purchase porta potties, provide cleanup services,
mitigate all of this camping out and fund extra public safety personnel for a state recognized holiday but can't
possibly put in lamp posts on the same street. I find the hypocrisy of allowing people from neighboring cities the
ability to camp out in a residential neighborhood hysterical considering the number of encampments that are
destroyed by authorities . The people who came out for the parade are disrespectful, inconsiderate and entitled .
The fact the city allows it proves how little the city cares about the actual residents. Your police officers are also
doing a bang up job blocking residents into their homes preventing them from leaving. What the hell is going over
there ? The city needs to try harder and consider that maybe residents don't want these parades or marathons.
They don't bring us anything but chaos and stress. Figure out a different route outside of residential areas.
Off Roads / D5 lanes of 700 are closed and heading southbound. And there's nothing going on in those lanes. I don't know who
And I've been I've made it four blocks in, like, twenty minutes, and I'm I'm gonna be late for work in two minutes.
So kind of frustrating. I just wanted to call, and I I get that, like, I definitely want everyone to enjoy the festivities,
but it's just so inconvenient when now I'm late for work because I didn't realize that they were gonna close down
the mail about a couple of months ago saying they were gonna do some traffic calming things coming starting on
Foothill Drive at Laurelhurst Drive and also on Westminster Avenue just trying to slow some of the traffic down
seen anything. They did install a street speed limit sign at 20 miles an hour at the top of the from north end of
Laurelhurst Drive, but this car still come down here forty, fifty miles an hour. And I talked to the person who wants
some suggestions what could happen. I said, well, it would be nice if you could put a traffic calming bump in the
road like they're doing they're gonna do on 20 Fifth East because when traffic is piled up on Foothill Boulevard,
they still come flying down here, at at a speed that's not appropriate for, way over 20 miles an hour. Any anyway,
I'd like to know if there's if that's project has been delayed or whether they're gonna do it before winter hits here or
what's gonna happen now. But we it's get it gets keeps getting worse all the time. And I know you had a lot of
problems, but I'm just trying to they say that this is gonna happen, but I don't know when. So if you give me a
Date/Time Opened Contact Name Subject Description
7/28/2025 13:07 Richard Robinson Phone call to City Council Yes. This is, this is Richard Robinson. I live here in, count in District 6, part of this, council, and I I wanna be able to
talk to, I guess, Dan Dugan, but any of the council members would do, of course. I'm really concerned. I I see the
taxes go up. We see you're you're talking about in your newsletter projects like recycling and keeping our roads
safe, which, of course, is important. But we're also you also hear mention, improving public property, like
sidewalks, parks, and buildings again. That's wonderful. But I can't see that you're doing a whole heck of a lot in
keeping these streets, so that they're not filled with chuck holes. I'm so so many of the roads at Salt Lake City are
just really bad. Now there are many that are good, and I give you credit for those, but there's so many that need
some, some some of these funds that you're collecting from us to go towards getting these roads so that they're
not a hazard and not, you know, damaging our cars as we as we go or buy bicycles getting some of these rough
areas. It's not good. So I hope that you will focus some of that money that you've been able to glean from the
public as the as taxes continue to rise. And and I think as your salaries continue to rise as well, and use some of
that money to fix these roads. Appreciate it very much. Thank you. Again, this is Richard Robinson, a long time
member of District 6. Been in this area for, probably forty, fifty years. Anyway, thank you. Bye bye.
7/28/2025 14:00 Susie Rowe Phone call to City Council Caller stated "I heard there were plans for a 7-story hotel at the corner of 13th E and 21st S (the old sizzler). It is a
very small parking lot and a very busy intersection across from Sugar House park. I am asking the Council to
please not allow this hotel to be built there. It is a very bad idea and not good for the park and the already busy
area. Thank you.
7/28/2025 16:44 Bernie HART Is this Salt Lake City's solution ...Rachel, I'm not sure who to address this to. I had two interesting conversations this morning. One with a social
worker who is new to the community, and the other with a resident of an apartment complex that overlooks SLCPD
Plaza. The social worker was having lunch with a homeless person on the lawn at Library Square. According to her,
while they were sitting on a blanket and enjoying their lunch, City Hall security stopped to chat. I was told that the
female security guard was aggressive, suggested that they were doing something illegal (maybe drugs), and then
suggested they move on. The security person's idea of "move on" was linked to a suggestion that in the future they
have lunch in another city park... just not Library Square. This has me thinking about what Community Council
meeting I should attend... Ball Park ... or Liberty Park ... or Sugarhouse Park ... or Fairmont Park ... or Taufer ... or.
Would it be appropriate to suggest that The Mayor is trying to move the homeless campers around the City and
County Building to parks in other areas of Salt Lake City? And the resident. Security personnel are talking to people
in the area and soliciting feedback on our program. "Do they give you any trouble?" ... "Are they a problem?"
Humm ... seems like someone is out to cause us some trouble. Can I request that they bring back all the positive
comments they get, even if this does not help them with their agenda? From what I am hearing, there are no
complaints, just "glad you are here", and "you all are doing great work" ... and smiles... Please do something. This
is unacceptable behavior. Maybe the security staff could spend a few days doing Tai Chi with us. Or maybe, the
person who hired them, or supervises them, or sets policy should also spend some time with us. Moving and
jailing and harassing the homeless has never been a solution. Bernie Hart Understanding Us Salt Lake City, Ut
7/28/2025 16:55 Heather Wilkins Concerns About Homelessness, Drugs, and
Prostitution / D5
We have a serious prostition and drugged human pr9blem in SLC. I really wish our council would start holding
individuals accountable and stop allowing drugs on our streets. Poeple laying on the curbing, garbage everywhere.
We really are getting lazy with our policies and rules and we are not the CleanSalt Lake City I knew as a child. You
say we need more parties and more fun, but I saw it doesn't feel safe to have children around these beautiful
neighborhoods with kneedles and trash everywhere. It doesn't matter if you live in an apartment or home. Our
council is accountable for the lack of safety and Grose neglect our street look like 3rd world. And it's really
dissapointing. Our police and city employees aren't doing enough too keep our streets beautiful. This is truly
disgusting.
Date/Time Opened Contact Name Subject Description
7/28/2025 17:53 John Brodie $55.8 million for CIP I received the August Newsletter from Council Member Dan Dugan about the city's budget of $55.8 million. I am
requesting that Bryan Ave Street to be rebuilt and repaved between 1900 East continuing to 1700 South. Bryan Ave
was constructed in the late 40's and it has only been patched since them. It is in very bad shape and needs to be
leveled out and repaved. This is my request for improvements badly needed.
7/29/2025 10:36 Hank Williams Comment Well, I'm calling. My name is Hank Williams. I got a District 6 newsletter. I just thought, maybe their council should
be more thoughtful about maintaining their property and keeping it safe for others and that destroying the homes
of 27 people instead of just improving the city as it says and public property and all that and probably putting lots
of dollars into the commissioner's and the mayor's money, in their pockets and, not even taking the time to, take
care of the property that the city's already responsible for. Sick and tired of Salt Lake City acting like they knew
something and they can do something. They can't do anything and nothing works here.
7/29/2025 12:14 James scott Hunter Planned Development & Preliminary Subdivision
for Carrigan View Phase 2
Constituent is looking for neighbors or neighborhood groups that have taken positions on the proposed
development.
7/29/2025 12:16 Rhianna Riggs Pioneer Day Frustrations Rhianna reached out to share the frustration of many Central City residents regarding fireworks being set off all
night on Pioneer Day, as well as other inappropriate behavior such as physical altercations, threats and
harassment of homeowners and renters, and general hazards along the Pioneer Day parade's route.
7/29/2025 12:26 Troy Saltiel FY25-26 Budget - Bicycle Racks Troy reached out to bring attention to a FY25-26 CIP that seeks to gain funding for bike rack maintenance and
installation. Troy hopes that the $40k for this item will be funded, however expresses that the real need is closer to
$100k.
7/29/2025 12:46 J. michael Mattsson Concerns about crowding 13th South Constituent has concerns about how crowding the 13th South intersection would negatively impact traffic in the
area.
7/31/2025 9:16 Isaac Atencio Road in West point The D1 constituent in west point are calling because he would like to have someone go and see the road that they
just redone from a week ago that it is looks so horrible and also would like to have the council office to coordinate
with the Mayor's office to come and take a look and listen to the neighborhood in West point area.
7/31/2025 14:28 Anonymous Constituent Richmond Park is a drug haven Richmond Park is getting worse every fucking hour. The police were at the park at 12 noon on July 31. In the 2
hours past the park's homeless/houseless/junkie population had fucking tripled! There are 3 separate camps
within the park. Drug dealer is present and distributing. People are openly using. This is a fucking park!!!! There
are residents that live along the entire border of the park sans 600 South. There is an individual walking around
threatening anybody trying to access the park!!!! Threatening residents coming in and out of their homes and
vehicles! They're are children present in the park. Members of the Wasatch Community Garden are being turned
away sure to violent threats. What the fuck is going on?????? This is unsafe. This is completely unacceptable.
There are elderly here being threatened. Open drig usage in front of children. So something once and fucking for
all!!!
8/2/2025 16:44 Anonymous Constituent Richmond Park Same fucking people every damn day. There's absolutely zero reason that the exact same people are camped in
the middle of Richmond Park. There is zero reason every fucking day anybody walks out their homes they bought
and have to watch the exact same people buying/selling/using drugs in the middle of the park. Usually with
children around. This cannot keep going on like this. Guy with man bun has been arrested in the park several times
over the last few years. Guy with black dog. Same thing. These are the guys that are bringing drugs into this park
every fucking day. This group engages with anybody around them with threats of violence. This is a neighborhood
where people fucking live!
Date/Time Opened Contact Name Subject Description
8/6/2025 8:49 Anonymous Constituent Richmond Park Why is this getting worse within Richmond Park. Police show up yesterday around 4:40. Leave around 5:10. By
5:15 two individuals are shooting up inside the park. They never left. There are 15 people on the park right now.
And it's growing. People cannot use the park for anything. Monday the decided to use recycling/yard waste cans
for drug drop off/pickup and dumped garbage out of them. Now there are multiple cans that the city wouldn't pick
up. Who deals with this? The people that live here are home owners and they now are getting harassed/screamed
at just going to/from their vehicles. This is absolutely ridiculous. There are people right this second folding up foul
so they can do drugs. In the middle of the park. This needs to be addressed. This is constant. Every day.
8/6/2025 10:29 Donna Shattuck Cyclists safety Constituent is worried about cyclists riding on the sidewalk east of Foothill Drive.
8/8/2025 16:02 Anonymous Constituent New Utilities Bill increased Message: Frederick called to express his shock and disappointment about the utility bill he received. He will be
paying over $400 for water, a bill that he typically pays about $225. He states the new bill is difficult to budget for,
especially if it is a monthly occurrence. He states he'll have to cut watering back significantly and worries many
other households will potentially kill Salt Lake City's trees. He's already spoken with Public Utilities and called the
Council Office to share his comment with the Council.
8/12/2025 8:23 Dan Hilker Main Street Fire Hi SLC City Council, I’m writing with sadness after last night’s fire on Main Street in downtown SLC. I live in the
Avenues, but I visit Main Street often, and the businesses that burned were some of my regular stops. As I sat on
my porch and saw the smoke, my heart sank when I learned what was burning. As you all work on a plan for that
block, please include those directly impacted by the fire and give them the first opportunity to rebuild their
businesses in the same location. I also hope you will preserve the historic character of the building, especially the
brick facade. I understand this is prime real estate, but those businesses were what brought many of us to Main
Street on weekends. While I support adding housing there, I also want to see the businesses return and continue
contributing to the community if they choose. Thank you for listening.
Date/Time Opened Contact Name Subject Description
8/12/2025 9:12 Dave Iltis Lease: SEG Contract Needs Additional Stipulations
for a better Sports Entertainment District
Please include any of these that apply to the lease. The public does need more time to review. -Dave Iltis Dear Mayor, Ms. Otto,
and the City Council, The general idea of the Sports and Entertainment District could be great for SLC. I think keeping the Jazz
and the Utah Hockey Club sound great. However, we know from many studies that cities don’t often get a true benefit from this.
So, let’s make this better. It’s a contract after all and SEG doesn’t seem to have too many obligations here. I do not understand
why you cannot stipulate more from SEG in the contract. They are getting $900M of our money yet they seem to have few
obligations other than the current zoning in place. The following provisions need to be added to the contract: 1. Better metrics on
free tickets to low income people. Not just ‘various games’ but all games. 2. Include a non-car transportation plan/Travel
Demand Management program. The traffic study that was included is for cars only and is really unacceptably bad. There’s no
mention of TRAX, Bus, FrontRunner, Walking, Biking, or reducing parking (which thus incentivizes more sustainable
transportation). Non-car transportation needs to be spelled out in the contract. SLC has had a commitment to sustainability- this
contract does not hold true to that. 3. NBA and NHL provisions are spelled out. What if we get a WNBA team, women’s hockey,
arena football, or other big time sport? There needs to be contingencies for this too. 4. Some sort of plan for the Salt Palace. Just
giving SEG control of this seems like a bad plan. Stipulations are needed. 5. The low-income housing surcharge is great, but not
tied to inflation or anything. Now it sounds like a good bit of money, but in 20 years? Not so much. Please tie this to inflation and
cost of living index. 6. There’s little in the agreement that I see about ensuring public access and right of way to spaces that are
currently public. SLC made this mistake when they sold a block of Main Street years ago and this space is not 24/7 public space.
Please don’t repeat this mistake. Current public spaces need to be kept public 24/7. 7. There is no sustainability requirement.
They really need to agree to higher building standards and alternative energy use (solar etc) as part of the construction process.
SLC has had a commitment to sustainability- this contract does not hold true to that. 8. With the Olympics coming in 2034, it
should be part of the contract that SLC can use the facilities for the Olympics at no cost for renting the facilities. 9. The plans
show nothing about a bike path or bike lanes on 300 W to N. Temple. There’s some vague mention of this, but no requirement.
This needs to be part of the contract. 10. There’s little mention of bike facilities on any of the other roads leading to the
Entertainment District. Please include those. 11. The contract has nothing about requiring bike parking on the facilities. There is
currently no bike parking at the Delta Center. Since the renovations would be just that, there would be no zoning requirement to
add bike parking since it’s not a new construction project. Please include this so that people can more easily get to the Arena in a
sustainable fashion. 12. A requirement for a percentage of locally owned businesses in the Entertainment District. 13. No
destruction of Abravenal Hall. This should be a stipulation. Yes, I’m aware that this is an SLCo facility. 14. No heliport - this should
be a stipulation. While there are no plans for one, this should be permenantly off the table. 15. Not a strong enough contract that
would prevent the teams from leaving. These are just a few of the omissions that I found in a first reading of the contract. I’m sure
that there are more, but these are glaring omissions and need to be corrected. We all want SLC to be vibrant, sustainable, and
open. Please ensure this by updating the contract. Thank you, Dave Iltis Salt Lake City resident Cycling Utah
Date/Time Opened Contact Name Subject Description
8/12/2025 11:09 Heidi Frank Council Comment: East Central Community -
Extreme Parties
Salt Lake City Council, Thank you for all of the efforts you've put into supporting the East Central Community. I've
lived on 900 East straight down the hill from the University of Utah for 20 years. I truly enjoy living in this
neighborhood. Up until recently it's been peaceful and beautiful. There have always been parties since we are so
close to campus. The past few years they've gotten completely out of control. The massive parties with underage
drinking have become the norm rather than just an occasional occurrence. These used to just happen on game
day (football), but they've been expanding to other big events...like "Saturdays". Being on 900 East, I've typically
been "exempt" from these disruptions as most of the more extreme parties happen from University Street to 1100
East. As enrollment at the University has increased, students are moving further down the hill. I have now joined
the ranks of neighbors enduring the extreme parties with attendance so huge that the house & yard can't contain
them. They are so big that they are out in the streets. They block traffic. They park anywhere they want including in
private driveways, church parking lots, and reserved parking spaces at apartment buildings. Given how drunk they
clearly are, they shouldn't be driving anywhere. This is a huge safety hazard to both them and the other people
driving on the roads. From appearances, they are clearly underage. I understand that living near campus will
include football tailgate parties, concerts, normal weekend parties. I have no issues with them having parties on
the weekend as long as they wrap it up by 1:00am-ish. I knew what I was getting when I moved this close to
campus. My concern kicks in due to the underage drinking, driving while intoxicated, and the high risk of sexual
assaults happening due to the heavy drinking and possibly drug use at these extreme parties. It's impossible for
the hosts to know everyone attending so it's impossible to know what substances are being used. My true concern
is for their safety. Yes, I personally get irritated when they party on weeknights, but the largest parties that create
the most concern for safety are usually on weekends. Any strengthening of city code to penalize the home owners
rather than just the temporary renters would be greatly appreciated. The hope is that by penalizing the home
owners, they will tighten up their rental leases and word will get out that the hosts of the extreme parties will be
evicted by their landlords if they don't abide by the rules. Again, I have no issue with them having parties, but the
public intoxication and parties so large that they are in the street create so much damage. A party that large
should require a permit and port-a-potties, etc. so they don't defecate and vomit in neighbors' yards. By tightening
up city code and adding more "teeth" to the code, SLCPD will be able to do more, the landlords will be compelled
to do more, and the extreme nature of the parties will hopefully subside. Thank you again for your support of the
East Central Community. Thank you for helping us maintain our property values and the beautiful landscaping in
our neighborhood. Thank you most of all for helping us keep our neighborhood safe for both the long-term
residents and those simply passing through for an academic year. Heidi Frank
Date/Time Opened Contact Name Subject Description
8/12/2025 13:11 Stephen Kaiser Support for Ordinance Amendments for Parties,
Gatherings, Events Community Council related to the above-referenced Ordinance Amendment. I'm writing to support the
Amendment and discuss my personal experience with these issues. My wife and I moved into the East Central
neighborhood in the summer of 2022. Since then, we have had consistent issues that go well beyond the
occasional rowdy party or football tailgate. For example, Sigma Phi Epsilon hosted an off-campus party at a 1200
E residence adjacent to ours on a weeknight in March 2025. This event happened when our child was one month
old and my wife was still recovering from childbirth - and the party hosts were aware of those factors. Despite
snowfall, after 11pm the party ended up taking place outdoors with students screaming and playing music in the
backyard. I would estimate over 100 students were going in and out of the house. Students then began urinating
on our property and the street. Eventually, a student vomited on our house - when I banged on the window to get
him away - he looked up at me and gave me the middle finger. I've included that video, as well as photos of
our property as a toilet. We did not call initially just for a noise complaint and were hopeful it would stop given it
was a weeknight. Police arrived after a long wait, but immediately after police left, students were back outside
yelling and throwing snowballs at 1am. My wife, child, and myself got very little sleep. I filed a complaint with the
school on March 7, but have still not received notice of any outcome. In a separate incident, my wife came back
from walking our dog and a student was urinating in our driveway in the middle of the afternoon. We have also had
CAD report showing that in less than 3 years, there have been 20 calls for service, including calls for weapons
offenses, burglaries, and sexual assaults. Some time ago, my wife received a notification on her phone that
gunshots had occurred on that block. When I asked the Greek Life Office about the incident, they dismissed my
concern because the shots were fired by someone trying to get into the party, not an actual fraternity member. I've
attached that CAD report. Many of us feel like the university and landlords don't care about any of this. Students
seem to be aware that those in power don't care - hence why someone would flip me off while I was trying to get
some serious change, that move will not be to another home in East Central. The city should support this
amendment as a way to keep young families in the area. Thank you, Steve
understand there is a meeting tonight to discuss/vote on an "extreme" party measure to combat the out of control
parties which have been happening close to the University. My address isREDACTED which puts my right in the
middle of these activities. I've lived there for eighteen years and have seen first hand the evolution of these
extreme parties. The houses near me used to be residences for normal college students. However, in the last few
years, they have been used as satellite fraternity houses. The fraternities occupy these homes as a way to skirt the
restrictions imposed on activities at their official fraternity houses. Please inform Representative Lopez Chavez
the proposed measure has my enthusiastic support. What has been happening the last few years goes far beyond
the typical college parties that have been a historic feature of my neighborhood. The recent parties include
outdoor concert sound systems, DJ's, and hundreds of people (under age) who are often extremely intoxicated.
These extreme parties pose safety risks to the community and are very obnoxious. Please vote "yes" on this
measure. Attached is a sample photo of one of these parties hosted by my next door neighbors which I took from