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033 of 1996 - Rental Dwellings0 96-1 0 96-28 SALT LAKE CITY ORDINANCE No. 33 of 1996 (Rental Dwellings) AN ORDINANCE AMENDING CHAPTER 5.14, SALT LAKE CITY CODE, RELATING TO RENTAL DWELLINGS. Be it ordained by the City Council of Salt Lake City. Utah: SECTION 1. That Chapter 5.14, Salt Lake City Code, relating to rental dwellings be, and the same hereby is, amended to read as follows: Chapter 5.14 Rental Dwellings 5.14.010 Definitions. A. "Dwelling" means any building or portion thereof which is designated or used for residential purposes of one or more families. The term "dwelling" excludes living space within hotels, motels, bed and breakfast establishments, boardinghouses and lodging houses. B. "Rental dwelling" means any dwelling which is available to be rented, loaned, leased or hired out, or which is arranged, designed, or built to be rented, leased or hired out for periods of one month or longer. 5.14.020. License - Required. A. It is unlawful for any person, firm, corporation or association, as owner, lessee or agent thereof, to keep, conduct, operate or maintain any rental dwelling within the limits of Salt Lake City, or cause or permit the same to be done, unless such person, firm, corporation, association or partnership holds a current, unrevoked operating regulatory business license under this chapter. B. * * * C. * * * 5.14.030. License - Application. An application for a rental dwelling business regulatory license shall be made to the license office of the city, and shall contain the following information: A. The location and address of said rental dwelling; B. The number of the units located in said rental dwelling; C. * * * D. * * * 5.14.040. License - Fees. The license fee for a rental dwelling regulatory business license shall be the sum of thirty dollars per year or any part thereof plus three dollars for each rental dwelling unit per annum or any portion thereof. 5.14.050. License - Issuance restrictions. A. * B. No operating regulatory license shall be issued or renewed for a rental dwelling unless the applicant, owner and operator agree as a condition precedent, by signing the license application, to such inspections, and the city may require, pursuant to Section 5.14.060, et seq., or its successor, to determine whether the rental dwelling is in compliance with applicable requirements. The failure of the applicant and/or operator to consent to such inspection shall be grounds for the denial and/or revocation of the renewal of a regulatory license. 5.14.060. Investigation - By city. The original application for a rental dwelling regulatory license and all renewals thereof shall be referred for approval to the departments listed in the following sections for investigation as to whether or not all laws, ordinances and regulations pertaining to life/fire safety, fire protection and prevention, and applicable codes have been and are being complied with. 5.14.070. Investigation - By fire department. The original application for a rental dwelling regulatory license, and renewals thereof, shall be referred to the fire department for investigation as to whether or not all laws, ordinances and regulations pertaining to life/fire safety and fire protection and prevention have been and are being complied with. The fire department shall report to the license office within seven days as to the fitness of the applicant regarding compliance with said laws and ordinances, and it shall further be the duty of the fire department, after license has been granted, to continually, and at least annually, examine and inspect the licensed premises with regard to code compliance to approve renewal of such regulatory licenses. Should it subsequently appear that any law or ordinance is violated, such fact shall be at once reported to the license office, at which time such office will inform the mayor and take action in regards to the revocation of the license as the mayor deems just and proper. 5.14.080 Investigation -By building and housing services. The original application for a rental dwelling regulatory business license shall be referred to the building and housing services division for investigation as to whether or not the requirements of the existing residential housing code, Uniform Building Code and Uniform Code for Abatement of Dangerous Buildings, as adopted and amended in Title 18 of this code, are being complied with. The building and housing services division shall report to the license office within seven days as to the fitness of the applicant regarding compliance with said ordinances and regulations. It shall further be the duty of such office, as the license has been granted, to continually, and at least once annually, examine and inspect the licensed premises with regard to building code and zoning code compliances and approve renewals of such regulatory licenses. Should it subsequently appear that any ordinance, regulation or requirement of the city is being violated, the fact shall at once be reported to the license office, at which time the license office will inform the mayor and take action in regards to the revocation of said license as the mayor deems just and proper. 5.14.090. Issuance of license. 5.14.100 Tenant application fees. A. The City Council finds: 1. That there is at present a shortage of available rental housing within Salt Lake City, particularly for low and middle income persons. 2. Some rental dwelling landlords or managers have been charging potential tenants a nonrefundable application fee which far exceeds the landlords' or managers' out-of-pocket costs of processing such applications. 3. The effect of such excessive application fees is that a significant number of low and middle income persons are unable to obtain housing in the city, resulting in a serious housing crisis within the city. 4. It is necessary and proper that Salt Lake City prohibit such application fees in order to provide for the safety, preserve the health, promote the prosperity and improve the morals, peace, good order, comfort and convenience of the city and its inhabitants. B. For purposes of this section, "tenant application fee" means the fee charged by a holder of a rental dwelling operating regulatory license, or by any owner, operator or manager of a rental dwelling within Salt Lake City, in connection with or as a condition of processing, handling or considering an application for tenancy at such premises. Tenant application fee shall not include refundable cleaning deposits, refundable security deposits, or other refundable deposits required as a condition of entering into a rental or lease agreement. C. It is unlawful for any holder of a rental dwelling operating regulatory license, or any owner, operator or manager of a rental dwelling within Salt Lake City, to require any person or persons applying for tenancy at such premises to pay any tenant application fee whatsoever in connection with such application, whether refundable or otherwise. D. A violation of this section shall constitute a misdemeanor and shall be grounds for the denial of a rental dwelling operating regulatory license application or the revocation of an existing license. 5.14.110. Violation - Penalty. SECTION 2. This ordinance shall take effect as follows: a For structures designated or used for rental dwellings for five or more families this ordinance shall take effect immediately upon its first publication; b. For structures designated or used for rental dwellings for three or four families this ordinance shall take effect on October 1, 1996; c For structures designated or used for rental dwellings for one or two families this ordinance shall take effect on January 2, 1997. Passed by the City Council of Salt Lake City, Utah this llth day of June ATTEST: , 1996. CA14/4(-;P7Y•��% CITY RECORDER Transmitted to Mayor on CHAIRPERSON June 24, 1996 Mayor's Action: XXXX Approved. MAYOR CITY RE r' �, ,4 (SEAL4ry'if� aye, �ORKM. - Bill No. °51 of 1996. Published: July 5, 1996 ATTEST: 9: \ordina96\ rer,cr1312 .430 Vetoed. APPROVED AS TO FORK. Sak LakeM`'a Office Oslo