046 of 2016 - Authority to Set Municipal Fees 0 16-1
0 16-10
SALT LAKE CITY ORDINANCE
No. 46 of 2016
(Authority to Set Municipal Fees)
An ordinance amending Sections 2.10.010. 2.10.050, 2.10.080, 2.10.090. 3.16.020.
5.36.010, 5.54.040. 5.64.130, 5.64.580, 5.69.060, 5.85.020, 8.04.350, 10.03.050, 12.16.100.
12.64.030, 12.64.060. 12.64.080, 12.64.090, 12.80.010, 17.08.030. 17.16.560, 17.16.660,
17.44.030, 17.44.040, 17.44.050, 17.44.110, 07.44.160. 17.64.040. 17.64.080, and 18.72.010 of
the Salt Lake City Code regarding the establishment of municipal fees.
WHEREAS,the powers allocated to the City Council of Salt I,ake City include the
authority to establish appropriate municipal fees and to delegate authority related to the
establishment of such fees:and
WHEREAS.the following amendments to the Salt Lake City Code further clarify the
processes by which Salt Lake City Corporation(the"City')establishes and administers municipal
fees.
NOW,TIIEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. That section 2.10.010 of the Salt Lake City Code shall be.and hereby is,
amended to read as follows:
2.10.010: MISCELLANEOUS FEES:
A. The chief of police shall charge and collect in advance fees for the following services:
1.Fingerprinting:
2.ID cards(for other than city employees):and
3.Theft reports.
B. The mayor shall submit proposed fees to the city council that corresponds to the services
identified in subsection 2.10.010(A). The city council may consider including the proposed
fees on the Salt Lake City consolidated fee schedule.
C. Any person sixty live(65)years of age or over shall be exempt from the payment of the fees
required by this section.
SECTION 2. That section 2.10.050 of the Salt Lake City Code shall be.and hereby is.
amended to read as follows:
2.10.050:FEES:
A. Any individual seeking access and review of his or her own personal criminal history record
shall be charged a service fee,as shown on the Salt Lake City consolidated fee schedule,per
record search.Any nonstate noncriminal justice agency or other person entering into a user's
security and privacy nondisclosure agreement with Salt Lake City Corporation or its
designated agent shall be charged a service fee,as shown on the Salt Lake City consolidated
fee schedule. The mayor shall submit proposed service fees to the city council,and the city
council may consider including such fees on the Salt Lake City consolidated fee schedule.
B. Any person sixty five(65)years of age or over shall be exempt from the payment of the fees
required by this section.
SECTION 3. That section 2.10.080 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
2.10.080:FEE:
There shall be a fee,as shown on the Salt Lake City consolidated fee schedule,to the applicant
for a criminal records search and the corresponding letter requested under Salt Lake City Code
section 2.10.070. Such fees shall be collected by the chief of police in advance of the
preparation of the letter and shall be credited to budget no.32-J-41.
SECTION 4. That section 2.10.090 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
2.10.090:EXEMPTION:
A. In cases where an application is received by mail from persons residing outside the state and
it appears that requiring the fees provided for in Salt Lake City Code section 2.10.090 in
advance would be unreasonably inconvenient and time consuming to the applicant,it shall be
within the discretion of the chief of police to waive the fee.
B. Any person sixty five(65)years of age or over shall be exempt from the payment of the fee
required by section 2.10.080 of this chapter or its successor
SECTION 5. That section 3.16.020 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
3.16.020:SERVICE FEE OR HANDLING CHARGE ON DISCRETIONARY REBATES
OR REFUNDS:
The administrative head of each department,with the approval of the mayor,may propose to the
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city council a service fee or handling charge that would be imposed,when that department is
requested to give an individual or company a refund or rebate,the reason for which was not
caused by the error,or neglect of the city and when such refund is not a matter of right.The city
council may consider including such fees on the Salt Lake City consolidated fee schedule.
SECTION 6. That section 5.36.010 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.36.010:FRANCHISES OR SPECIAL PRIVILEGES;APPLICATION;DOCUMENTS
AND FEES REQUIRED:
Whenever application shall be made to the city council for a franchise or grant of special
privileges,or for an extension or renewal of any existing franchise or grant of special privilege,
the applicant shall furnish to the city recorder,for the use of the city council,ten(10)copies of
the proposed resolution or ordinance,and pay into the city treasury the application fee shown on
the Salt Lake City consolidated fee schedule.
SECTION 7. That section 5.54.040 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.54.040:RESTAURANT LICENSE;FEE:
The license fee required for a restaurant shall be as set forth in the Salt Lake City consolidated
fee schedule.
SECTION 8. That section 5.64.130 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.64.130:REGISTRATION;FEE;IDENTIFICATION CARD:
The chief of police shall collect from each person registered pursuant to section 5.64.120 of this
chapter or its successor,at the time of registration,the pertinent fee shown on the Salt Lake City
consolidated fee schedule,which fee shall be remitted by the chief of police to the city treasurer.
Upon payment of the fee,and provided the person has completed and satisfactorily meets all of
the requirements of this chapter,the police chief shall issue to the applicant an identification card
which shall constitute a permit for solicitation as provided in this chapter for the period of time
stated thereon.
SECTION 9. That section 5.64.580 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.64.580:APPLICATION;FEE REQUIRED:
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At the time the ice cream truck operator's application is filed,the applicant shall pay to the
business license office the pertinent fee shown on the Salt Lake City consolidated fee schedule.
SECTION 10.That section 5.69.060 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.69.060:FEES;ANNUAL OPERATION:
No license shall be issued or continued in operation unless the holder thereof has paid the
pertinent business regulatory fees set forth in the Salt Lake City consolidated fee schedule for
each mobile food business.
SECTION 11.That section 5.85.020 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.85.020:LICENSE REQUIRED:
A. It is unlawful for any person to engage in vehicle immobilization within Salt Lake City limits
unless the person has a valid Salt Lake City license granted in compliance with the
provisions of this chapter.
B. The fee for the license shall be as set forth in the Salt Lake City consolidated fee schedule.
C. A person who already has a valid Salt Lake City business license for an existing business
shall notify the city licensing authority in writing of the intent to engage in vehicle
immobilization.Performing vehicle immobilization without receiving city authorization
following submission of such notice shall be grounds for the revocation or suspension of the
existing business license.The procedure for a police department investigation provided in
section 5.85.040 of this chapter shall be followed except that a police department
investigation will not be conducted if the person's existing business license was issued
following a police department investigation.The fees,if any,associated with such notice
shall be as set forth in the Salt Lake City consolidated fee schedule.
SECTION 12.That section 8.04.350 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
8.04.350:IMPOUNDMENT;REDEMPTION CONDITIONS:
A. Redemption Requirements:The owner of any impounded animal,or such owner's authorized
representative,may redeem such animal before disposition,provided he or she pays the fees
and charges as listed below,according to the amounts shown on the Salt Lake City
consolidated fee schedule:
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1.The impound fee;
2.The daily board charge;
3.Veterinary costs incurred during the impound period,including rabies vaccination;
4.License fee,if required;
5.A transportation fee if transportation of an impounded animal by specialized
equipment was required.The director of animal services shall propose to the city council
a fee schedule for such transportation fees. The city council may consider including such
fees on the Salt Lake City consolidated fee schedule;
6.Any other expenses incurred to impound an animal in accordance with state or local
laws;
7.Any unpaid or past due animal services fees and fines incurred by the owner.
B. Removal Of Dead Animals:The following service charge shall be levied for removal of dead
animals from an owner's property;no fee shall be charged for dead animals brought to the
animal shelter provided the owner resides within the city:
1.Dogs,licensed:No fee;
2.Dogs(unlicensed),all cats,small domestic animals,small livestock,and all other small
privately owned animals:As shown on the Salt Lake City consolidated fee schedule;
3.Large livestock,and all other large,privately owned animals:The owner shall arrange
removal by a private dead animal hauler.
C.Rabid Animals:No impound fee will be charged the reporting owners of suspected rabid
animals if the owners comply with sections 8.04.240 through 8.04.290 of this chapter,or
successor sections.
SECTION 13.That section 10.03.050 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
10.03.050:REGISTRATION AND FEES:
A. The city recorder's office will keep a record of all declarations of mutual commitment and of
all notices terminating a mutual commitment.
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B. The fee for filing a declaration of mutual commitment shall be as shown on the Salt Lake
City consolidated fee schedule,which entitles the persons filing the declaration of mutual
commitment to two(2)certified copies of the official statement.
C. No fee will be charged for filing a notice terminating a mutual commitment.
D. An amendment to a declaration may be filed by a declarant with the city recorder's office at
any time to show a change in his or her mailing address.The record will be maintained so
that amendments and notices terminating a mutual commitment are filed with the declaration
of mutual commitment to which they apply.
SECTION 14.That section 12.16.100 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
12.16.100:ACCIDENT REPORTS;DRIVER,WITNESS AND INVESTIGATING
OFFICER DUTIES;SUPPLEMENTAL REPORTS:
A. The driver of a vehicle involved in an accident resulting in injury to or death of any person or
total property damage to the apparent extent of seven hundred fifty dollars($750.00)or more
shall forward a written report of such accident to the financial responsibility division of the
department of public safety of the state within five(5)days after such accident.
B. The financial responsibility division of the department of public safety may require any
driver of a vehicle involved in an accident of which report must be made as provided in this
section to file supplemental reports whenever the original report is insufficient,in the opinion
of the department,and may require witnesses of accidents to render reports.
C. Every law enforcement officer who investigates a motor vehicle accident of which report
must be made as required in this section,either at the time of and at the scene of the accident
or thereafter by interviewing participants or witnesses,shall forward a written report of such
accident to the financial responsibility division of the department of public safety within
twenty four(24)hours after completing such investigation.
D. The city police department shall furnish upon request to any applicant copies of officers'
reports of any traffic accident on file in such department.The mayor or the mayor's designee
shall propose to the city council a fee for each copy of such report. The city council may
consider including such a proposed fee on the Salt Lake City consolidated fee schedule. If
the proposed fee is adopted by the city council,it shall be paid by the applicant in the office
of the chief of police,which office shall then issue a receipt therefor which must be presented
as a condition precedent to the delivery of such report;provided,however,that any person
sixty five(65)years of age or over shall be exempt from the payment of such fee.
SECTION 15.That section 12.64.030 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
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12.64.030: AREA DESIGNATION; AUTHORITY:
The transportation engineer may, upon recommendation of the parking permit coordinator, and
pursuant to the provisions hereunder, consider for designation as a city permit parking area any
area which satisfies the threshold criteria established below. Where he deems it necessary and
appropriate to accomplish the legislative intent and objectives,the transportation engineer may
then designate by declaration any qualified area as an approved city permit parking area in which
motor vehicles displaying a valid area parking permit may stand or be parked without limitations
imposed on commuter vehicles by the parking regulations in the area. Such declaration shall also
state the applicable parking regulations and the proposed fees for permit issuance that the
transportation engineer anticipates submitting to the city council for consideration.
SECTION 16. That section 12.64.060 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
12.64.060: AREA DESIGNATION; TRANSPORTATION ENGINEER ACTIONS:
A. Within thirty (30) days following the hearing, the transportation engineer shall deny or
approve the designation of a city permit parking area as he deems justified under the
objectives and procedures above. The transportation engineer shall reduce his decision to
writing in the form of a report that shall be filed with the city recorder, accompanied by the
parking permit coordinator's recommendation related to the permit parking area and made
available to any interested party upon request.
B. The transportation engineer's report shall include:
1. Significant subjects and concerns raised at the public hearing conducted;
2. The findings relative to those designation criteria deemed applicable to the city permit
area;
3. Conclusions as to whether the findings, including testimony obtained at the public
hearing,justify preferential permit parking for the area under consideration;
4. The transportation engineer's approval (or denial) of the proposed permit parking area;
and, if approved:
5. The proposed boundaries of the city parking permit area;
6. The proposed parking regulations, including administrative provisions for issuing
permits; and
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7.An implementation schedule indicating when the new permit parking area will become
effective.
C. If the transportation engineer approves creation of a city permit parking area,a declaration of
designation shall be prepared as an administrative regulation establishing the program for the
area,including the boundaries,parking regulations,proposed fees,and other pertinent
matters,for its administration and implementation.The declaration shall be mailed to each
listed address in the area's designated boundaries.The parking permit coordinator shall
promptly implement the program pursuant to the schedule.If the transportation engineer
denies the creation of a city permit parking area,a notice of such denial shall be mailed to
each listed address in the area's designated boundaries.
D. Information generated through the original designation process and the designation criteria
set forth in this chapter shall also be utilized by the transportation engineer in determining
whether to remove any particular existing city permit parking area or portion thereof from
designated status and participation in the program.
E. Action by the transportation engineer in creating,deleting or modifying the boundaries
applicable in city parking permit areas under this chapter,shall be final.However,the city
council may agree to review and to modify such decision(s)by a vote of at least four(4)of
its members.
F. The transportation engineer's decision shall be stayed by the filing of a written objection
requesting city council review,provided the objection is filed within fifteen(15)days of the
filing of the report.The objection shall specify grounds upon which council review is
justified.If accepted for review,the matter shall be scheduled for public hearing before the
city council,with the mailing of ten(10)days'written notice thereof to the appellant,
petitioner of record and the transportation engineer.An objection failing to receive the
necessary votes for review shall be deemed an affirmation of the transportation engineer's
decision.
G. Actions by the transportation engineer as to the implementation and enforcement shall be
considered administrative matters.
SECTION 17.That section 12.64.080 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
12.64.080:PARKING PERMIT;APPLICATION;TERM:
Each parking permit issued by the parking permit coordinator office shall be valid for one year or
portion thereof to be determined by the parking permit coordinator excluding visitor permits.
Permits shall not be transferable,but may be renewed annually upon reapplication in the manner
required by the parking permit coordinator.Each application or reapplication for a parking
permit shall contain information sufficient to identify the applicant's identity,claim for permit
eligibility,authorized residence or business within the city permit parking area,the license
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number of the motor vehicle for which application is made, and such other information that may
be deemed relevant by the parking permit coordinator. Applications shall be accompanied by a
fee established under section 12.64.090 of this chapter.
SECTION 18. That section 12.64.090 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
12.64.090: PARKING PERMIT FEES:
To defray program administration costs,the transportation engineer shall propose to the city
council a fee schedule for the city parking permit program. The city council may consider
including such proposed fees on the Salt Lake City consolidated fee schedule.
SECTION 19. That section 12.80.010 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
12.80.010: LICENSING FOR OWNERS:
A. It is unlawful for any person to operate or ride a bicycle upon any of the streets, alleys,
sidewalks or public ways of this city:
1. Unless such bicycle has been registered, licensed, and is displaying the proper license,
as hereinafter provided; or
2. After the license has been duly suspended or revoked.
B. Every bicycle, before being so registered and licensed,must be inspected with relation to its
frame number, operating condition, brakes, warning device, reflector and handlebars. •
C. Any license issued under the provisions of this chapter shall be valid until the transfer of
ownership of the bicycle, or until the bicycle license so issued is destroyed, lost or mutilated,
at which time such bicycle shall again be so inspected,registered and licensed as herein
provided.
D. The fee to be paid for each bicycle license or relicense because of transfer of title or
destruction, loss or mutilation of the license, or for any other reason, shall be as set forth on
the Salt Lake City consolidated fee.schedule, payable in advance.
SECTION 20. That section 17.08.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
17.08.030: PICNIC FACILITIES; RESERVATION FEES:
Any person or group desiring to reserve picnic facilities shall pay the fee shown on the Salt Lake
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City consolidated fee schedule for the use of such facilities. The public utilities advisory
committee and the director shall submit a proposed fee to the city council. The city council may
consider including such proposed fee on the Salt Lake City consolidated fee schedule.
SECTION 21. That section 17.16.560 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
17.16.560: FIRE HYDRANTS; USE BY CONTRACTORS; FEES:
The public utilities director may give permission, for the use of water from fire hydrants by
applicants who are engaged in work on public streets. The public utilities director, with approval
of the mayor, shall submit a proposed fee for the use of such water to the city council. The city
council may consider including such proposed fee on the Salt Lake City consolidated fee
schedule.
SECTION 22. That section 17.16.660 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
17.16.660: PAYMENTS REQUIRED BEFORE SERVICE TURNED ON:
Before the water is turned on, all unpaid bills for water must be paid in full,together with a turn
on fee as set forth in the Salt Lake City consolidated fee schedule.
SECTION 23. That section 17.44.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
17.44.030: ADDITIONAL SURVEYS OR INSPECTIONS; FEE:
In the event that the director finds the sewer connection at the building is not exposed when the
inspector or surveyor visits the site to determine the materials used and/or elevation, or if the
permittee has not given sufficient information when making application for a permit so that the
survey can be completed, or if the permittee requests a change in the survey, an additional fee, as
shown on the Salt Lake City consolidated fee schedule, shall be charged by the POTW.
SECTION 24. That section 17.44.040 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
17.44.040: PERMIT; APPLICATION FOR REPAIRS AND REPLACEMENTS; FEE:
Application for permits for sewer repair or replacement of any sewer line must be made in
writing by a licensed and bonded sewer contractor or plumber on an application furnished by the
director. Repair or replacement of any sewer line shall be tested and inspected in accordance
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with standards set by the POTW.The fee shown on the Salt Lake City consolidated fee schedule
shall be collected by the POTW for each such inspection
SECTION 25.That section 17.44.050 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
17.44.050:TRIAL SEWER SURVEY FEE:
In order to determine the feasibility of connecting a building to the POTW sewer,the property
owner,or licensed and bonded plumber or sewer contractor may make an application for a trial
sewer survey. The POTW shall propose a trial survey sewer fee to the city council,and the city
council may consider including such proposed fee on the Salt Lake City consolidated fee
schedule. Any payment made hereunder does not constitute payment for a permit to connect to
the sewer.Such survey shall not be made until the fee is paid in full
SECTION 26.That section 17.44.110 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
17.44.110:REINSPECTION;ADDITIONAL FEE:
In the event that the inspector fmds the connection not in conformity with POTW standards,or if
any changes are necessary requiring another inspection,a charge shown on the Salt Lake City
consolidated fee schedule shall be collected for each such additional inspection. The POTW
shall propose a reinspection fee to the city council,and the city council may consider including
such proposed fee on the Salt Lake City consolidated fee schedule.
SECTION 27.That section 17.44.160 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
17.44.160:SURVEY STAKES;RESETTING FEE:
In the event that such survey stakes are not available for the inspector to check the pipeline when
inspection is required,the inspector may refuse to make an inspection of the work until stakes
have been reset by the POTW and the fee shown on the Salt Lake City consolidated fee schedule
has been paid by the permittee for the resetting. The POTW shall propose a resetting fee to the
city council,and the city council may consider including such proposed fee on the Salt Lake City
consolidated fee schedule.
SECTION 28.That section 17.64.040 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
17.64.040:AUTHORITY TO ADOPT FEES:
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The POTW shall propose to the city council a fee schedule for the fee categories set forth below.
The city council may consider including such proposed fees on the Salt Lake City consolidated
fee schedule:
A. Fees for all POTW costs,including maintenance and operation;
B. Fees for reimbursement of costs of setting up and operating the POTW's pretreatment
program;
C. Fees for monitoring,inspections and surveillance procedures,to include,but not be limited
to,laboratory analysis;
D. Fees for reviewing accidental discharge procedures and construction;
E. Fees for industrial waste permit;
F. Fees for filing appeals;
G. Fees for treatment of excessive compatible pollutants;
H. Fees for connection;
I. Fees for repairs and disconnection;
J. Fees for inspections and surveys;
K. Fees for development and expansion;
L. Fees for noncompliance;
M. Other fees as the POTW may deem necessary to carry out the requirements contained herein.
SECTION 29.That section 17.64.080 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
17.64.080:CHARGES FOR DISCONTINUING OR RESTORING SERVICES:
In the event POTW service to any building or premises in the POTW is shut off,a fee,as set
forth on the Salt Lake City consolidated fee schedule shall be charged for restoring sewer
service. The POTW shall propose a restoration-of-service fee to the city council,and the city
council may consider including such proposed fee on the Salt Lake City consolidated fee
schedule.
SECTION 30.That section 18.72.010 of the Salt Lake City Code shall be,and hereby is,
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amended to read as follows:
18.72.010:LICENSE REQUIRED:
No person,firm or corporation shall engage in the business of moving any building or structure
along,upon,over or across any street or highway within the city without first having obtained
from the license office a house mover's license.The license fee for a house mover shall be as set
forth on the Salt Lake City consolidated fee schedule and shall be payable to the city treasurer
prior to January 1 of each year
SECTION 31. That this ordinance shall become effective ten(10)days after the date of
its first publication.
Passed by the City Council of Salt Lake City,Utah this 12 day of July 2016.
CHAI ERSON
CITY RECORDER
Transmitted to Mayor on July 13. 2016
Mayor's Action: � Approved. Vetoed.
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CITY RECORDER 4 rG�
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APPROVED AS TO FORM
Bill No. 46 of 2016. r\ATti' ' pate: C� l
Published: July 20, 2016 By. AFA II,
Print / / �
HB_ATTY4 53769-v3-Fee_Setting_Responsibil ities.DOC
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