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HomeMy WebLinkAboutG 20210015 - 7 of 2020; Business License Fees, Evictions, Assessments, Parking on Residential Streets, Outdoor Di SALT LAKE CITY EMERGENCY PROCLAMATION RECORDED No. 7of2020 APR 1 0 2020 MAYOR'S EXERCISE OF EMERGENCY POWERS CITY R E C O R D E RELATED TO 0ALT LAKE CITY EMERGENCY PROCLAMATION NO. 1 OF 2020 On March 10, 2020, pursuant to her authority under Utah Code Sections 53-2a-208(1)(a) and 53- 2a-209(1)and Salt Lake City Code Chapter 22.03,the Mayor of Salt Lake City declared a local emergency due to the global outbreak of COVID-19. Under City Code 22.03.030, while the proclamation of local emergency is in effect, the Mayor of Salt Lake City may exercise certain emergency powers by proclamation. Between March 12 and March 30, the Mayor of Salt Lake City exercised emergency powers pursuant to Proclamation Numbers 2, 4, 5 and 6 to address the local emergency related to the spread of COVID-19 in Salt Lake City(the "COVID- 19 Emergency Proclamations") (Proclamation No. 3 addressed a different local emergency related to the 5.7 magnitude earthquake that occurred on March 18). The Mayor of Salt Lake City now desires to exercise her emergency powers to enact this Proclamation No. 7. To address the COVID-19 pandemic, Proclamation No. 7 does the following: (a) defers all business license fees for this year for rental property owners who do not evict tenants for financial hardship between the date of this Proclamation No.7 and three months after the end of the local emergency; (b) directs City employees to suspend assistance for residential eviction activity unless such actions are necessary to protect public health and safety; (c) defers all Central Business District Improvement Area Assessments for 90 days;(d)allows parking of self-contained recreation vehicles on City streets for medical personnel, first responders, or other citizens whose employment requires them to potentially come into contact with COVID-19, so that these citizens can sleep in such vehicles outside of their homes and be close to family but not in the house; (e) defers restaurant and bar right-of-way encroachment fees for the year 2020; (f)defers rent for the months of May and June for any non-profit tenants leasing real property owned by either Salt Lake City Corporation or the Redevelopment Agency of Salt Lake City; (g) delays opening of recreation sites managed by the Department of Public Utilities in City Creek Canyon and Affleck Park; and (h)extends the time period in 2020 that the St. Vincent de Paul Center located at 437 West 200 South may operate an overflow shelter in its dining area under its conditional use permit. 1. Business License Fees. During the Term (defined below in paragraph 9) and for three months after the termination of the local emergency("Hardship Period"),any residential or commercial landlord will be eligible for a one-year deferment of all Salt Lake City base business license fee, if a base fee is applicable to the property owner, upon providing the City's Division of Business Licensing with the following: a. a written lease between the landlord and tenant for real property located within Salt Lake City boundaries, dated prior to the date of this Proclamation No. 7; and b. a signed document between the landlord and the tenant that the landlord will not evict that tenant due to non-payment of rent during the Hardship Period. 2. Evictions. To the extent any Salt Lake City employees are asked to assist with residential eviction activity,such assistance is prohibited unless the assistance is necessary to protect public health and safety. 1 3. Assessments. All improvement area assessments to private property owners within the Central Business District Improvement Area are deferred for a period of 90 days. 4. Parking on Residential Streets. a. The following defined terms in City Code 18.76.010 are incorporated in this Proclamation No. 7: i. Recreational Vehicle: A vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a camp trailer,a truck camper, or a motor home. ii. Self-Contained Recreational Vehicle: A unit which: 1. Can operate independent of connections to external sewer, water and electrical systems; and 2. Has a toilet and holding tank for liquid waste;and 3. Contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities connected to the holding tank; provided, however, that all facilities shall be in sound operating condition, and further provided that it may be connected to external electric, water and sewer systems. b. Any medical professional or first responder or other resident of Salt Lake City whose employment includes potential exposure to COVID-19, may park a self-contained recreational vehicle on a City street adjacent to that individual's primary residence for the purpose of sleeping near home and family while not potentially exposing residents of the household to COVID-19 so long as: i. The self-contained recreational vehicle has a toilet and graywater system that does not drain into the City's sewer or stormwater system. All sewage and gray water must be disposed of properly on a regular basis and not drained directly into the City's sewers or storm drains; ii. The self-contained recreational vehicle's independent source of power, such as a generator or battery,does not require power cords stretched from the residence to the vehicle; and iii. The resident using the self-contained recreational vehicle keeps all ancillary equipment related to the vehicle neat and tidy and removes all trash or other debris. 5. Outdoor Dining Permits. Any restaurant or bar within Salt Lake City with a fully executed right of way encroachment agreement between the restaurant or property owner and Salt Lake City Corporation dated prior to this Proclamation No. 7 for outdoor dining, seating, or other restaurant or bar related encroachments into the right-of-way, will receive a 90-day deferral of the 2020 encroachment fee. 6. Non-profit Tenants. Any tenant leasing City-owned or Redevelopment Agency of Salt Lake City real property with a valid written lease prior to the date of this Proclamation No. 7 will receive a rent deferral for the months of May and June 2020. 2 7. Public Utilities Developed Recreation Sites. The developed picnic sites in City Creek Canyon and developed campgrounds in Affleck Park will remain closed to public recreation and use until the termination of this Proclamation No. 7. 8. St.Vincent de Paul Overflow Shelter. Pursuant to the Conditional Use Permit PLNPCM2013- 00991 dated August 25, 2014, the dining area of the St. Vincent de Paul Center located at approximately 437 West 200 South currently may operate as an overflow facility for individuals experiencing homelessness until April 15 each year. The COVID-19 emergency has exacerbated the need to provide safe shelter to individuals experiencing homelessness and for that reason, during the Term, the overflow shelter at the St. Vincent de Paul Center will remain open for individuals experiencing homelessness. 9. Term. This Proclamation shall take effect on April 10 2020. and will be ongoing for as long as Proclamation No. 1 of 2020 is in effect,unless this Proclamation is amended or rescinded by the Mayor. 10. Enforcement. Salt Lake City residents are urged to voluntarily comply with this Proclamation and every effort will be made to educate people to achieve compliance. However, pursuant to Salt Lake City Code 22.03.080, a person who violates this Proclamation is guilty of a class B misdemeanor and upon conviction can be punished by a fine not to exceed $1,000 and/or by imprisonment for a term no longer than 6 months. Nothing in this Proclamation is intended to encourage or allow law enforcement to transgress individual constitutional rights. 11. Severability. A determination that any provision of this Proclamation is invalid will not affect the enforceability of any other provision of this Proclamation. Rather,the invalid provision will ' be modified to the extent necessary so that it is enforceable. 12. Filing and Dissemination. This proclamation will be filed with the Salt Lake City Recorder and will be delivered to the State of Utah and Salt Lake County and will be disseminated to local media. Dated this 10 day of April,2020. Cr C-17GO *. n1E .� Erin Men enhall ` ,�Eln f a, 5* } IV1ayo' n' Ap roved as to Form: ATTEST: Scat O-irnl'a&' Kat erine Lewis(Apr 10,2020( scar Crandall{Apr 10,20201 Katherine Lewis Scott Crandall Salt Lake City Attorney Deputy City Recorder 3