049 of 2012 - Amending Landlord/Tenant Program requirements 0 12-1
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SALT LAKE CITY ORDINANCE
No. 4q of 2012
(Amending Landlord/Tenant Initiative Program requirements)
AN ORDINANCE AMENDING CHAPTERS 5.14 AND 5.15 OF THE SALT LAKE
CITY CODE TO INCORPORATE RECENTLY ENACTED UTAH CODE REQUIREMENTS
APPLICABLE TO THE LANDLORD/TENANT PROGRAM AND TO MODIFY OTHER
PROGRAM PROVISIONS.
WHEREAS, on June 14, 201 1 the City Council adopted Ordinances 2011-37 and 2011-
38 to authorize and create the Salt Lake City Landlord/Tenant Initiative Program; and
WI-IEREAS, during the 2012 Legislative Session the Utah Legislature enacted House Bill
216 and thereby substantively changed state law governing the Landlord/Tenant Initiative
Program; and
WHEREAS, as the result of public feedback, the City Council desires to make additional
changes to the Landlord/Tenant Initiative Program; and
WHEREAS, the City Council finds the amendments set forth below are necessary to
comply with applicable state law and to refine the Landlord/Tenant Initiative Program; and
WHEREAS, the City Council further finds such amendments reasonably further the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 5.14.020 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.020: LICENSE; REQUIRED FOR RENTAL DWELLINGS:
A. Rental Dwellings: It is unlawful for any person, 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 holds a current.
unrevoked business license for such dwelling.
B. Business License; Inspection Permit:
1. An owner of a building or buildings containing one (I) or more rental
dwellings is required to obtain only one (1) business license for the operation and
maintenance of all such dwellings as provided in Subsection 5.04.070.F of this
title.
2. The city may not impose a disproportionate fee on any residential unit
within a single structure if:
a. the structure contains no more than four (4) residential units; and
b. the owner of the structure occupies one (1) of the units.
3. In addition to a business license, an inspection permit shall be required
for each building containing three (3) or more rental dwellings, regardless of
whether it is part of a complex located upon the same parcel or upon separate
parcels of property owned by the same property owner. Licenses and permits shall
be issued as provided in Section 5.02.120 of this title or its successor.
C. Transfer Of Licensed Premises: A rental dwelling business license is not
transferable between persons or structures, and persons holding such licenses shall give
notice in writing within forty eight (48) hours to the license office after having transferred
or otherwise disposed of the legal or equitable control of any premises licensed under
these provisions. Such notice of transferred interest shall be deemed a request to transfer
the business license, and shall include the name, address, and information regarding
persons succeeding to the ownership or control of the premises as required under Section
5.14.030 of this chapter, or its successor.
SECTION 2. Section 5.14.030 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.030: LICENSE; APPLICATION:
An application for a rental dwelling business license shall be made to the license
office of the city, and shall include the following information:
A. The location and address of the rental dwelling(s);
B. The number. within each rental dwelling, of:
1. Dwelling units, or
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2. Lodging or sleeping rooms, if the dwelling is a fraternity, sorority,
boarding, or rooming house;
C. The name, address, telephone number, and email (if available) of each of the
following:
1. The applicant,
2. The owner of the fee title interest,
3. The owner of any equitable interest,
4. The local operating agent,
5. The resident manager, if any, and
6. For each corporate and out of state resident rental dwelling owner, the
designation of a legal representative and agent for service of process as provided
in Section 5.14.050 of this chapter;
D. A certification by the owner, or owner's agent, that to the best of such person's
knowledge or belief, the premises comply with ordinance requirements shown on a
checklist provided by the city as part of a rental dwelling license application; and
E. The signature of the owner of the premises, or the owner's agent, agreeing to
comply with applicable ordinances and to authorize inspections as provided in this
chapter.
SECTION 3. Section 5.14.050 of the Sail Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.050: LICENSE; ISSUANCE RESTRICTIONS:
A. No business license shall be issued or renewed for a city nonresident applicant
unless such applicant formally designates in writing with a power of attorney in the name
of the applicant's resident agent for receipt of service for notice of violation of the
provisions of this chapter or any other applicable ordinances, and for service of process
pursuant to this chapter, acknowledged by said agent.
B. No business license shall be issued or renewed for a rental dwelling unless the
owner, or the owner's agent, agrees as a condition precedent, by signing the license
application, to such initial inspections or inspections for cause as the city may require
pursuant to Section 5.14.060 et seq. of this chapter, or its successor, to determine whether
the rental dwelling is in compliance with applicable requirements. The failure of the
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owner, or the owner's agent, to consent to such inspections shall be grounds for the
denial and/or revocation of the renewal of a regulatory license.
SECTION 4. Section 5.14.060 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.060: INVESTIGATION; BY CITY:
An original application for a rental dwelling business license shall be referred for
approval to the departments listed in Sections 5.14.070 and 5.14.080 of this chapter, or
their successors. The directors of such departments, or their designees, shall determine,
based on the self-certification provided by an applicant under Subsection 5.14.030.D of
this chapter and any other relevant information, if an inspection is needed to determine
whether or not applicable laws, ordinances, and regulations pertaining to life/fire safety,
fire protection and prevention, and applicable codes have been and are being complied
with.
SECTION 5. Section 5.14.070 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.070: INVESTIGATION; BY FIRE DEPARTMENT:
An original application for a license for a rental dwelling with three (3) or more
dwelling units, shall be referred to the fire department for investigation as to whether or
not applicable laws, ordinances, and regulations pertaining to life/fire safety and fire
protection and prevention have been and are being complied with. Within a reasonable
time, the fire department shall report to the license office as to the fitness of the applicant
regarding compliance with said laws. After a license has been granted, the fire
department shall inspect the licensed premises should the city subsequently have cause to
believe that the licensed premises no longer comply with the pertinent codes or that any
fire-related law or ordinance has been violated. Upon confirming that such is the case,
the fire department shall report that fact 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 in light of the facts of the case and applicable provisions of
this chapter.
SECTION 6. Section 5.14.080 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.080: INVESTIGATION; BY BUILDING SERVICES AND ZONING
ENFORCEMENT DIVISION:
An original application for a license for a rental dwelling with three (3) or more
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dwelling units, shall be referred to the building services and zoning enforcement division
for investigation as to whether or not the applicable requirements of the existing
residential housing ordinance, international building code, and uniform code for
abatement of dangerous buildings, as adopted and amended in Title 18 of this code, or its
successor, are being complied with. Within a reasonable time, the building services and
zoning enforcement division shall report to the license office the fitness of the applicant
regarding compliance with said ordinances and regulations. Should the city subsequently
have cause to believe that the premises no longer comply with the aforementioned codes
or that any corresponding law or ordinance of the city is being violated, the building
services and zoning enforcement division shall perform an inspection of the licensed
premises. If the licensed premises are not in compliance with the pertinent codes,
ordinances, and laws, then the building services and zoning enforcement division shall
report such noncompliance to the license office, at which time the license office shall
inform the mayor and take action regarding the revocation of said license as the mayor
deems just and proper in light of the facts of the case and applicable provisions of this
chapter.
SECTION 7. Section 5.14.085 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.085: LIMITATION ON REINSPECTIONS:
If the city inspects a rental dwelling and thereafter approves a rental dwelling
business license, the city may not subsequently inspect that rental dwelling unless
reasonable cause exists to believe that a condition in the rental dwelling is in violation of
an applicable law or ordinance.
SECTION 8. Section 5.14.090 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.14.090: ISSUANCE OF LICENSE:
The mayor, after receiving recommendations from the fire department and the
building services and zoning enforcement division, shall act upon a rental dwelling
license application with respect to granting or denying the same, as provided under
Chapter 5.02 of this title.
SECTION 9. Section 5.15.010 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.010: ESTABLISHMENT OF LANDLORD/TENANT INITIATIVE
PROGRAM:
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A. Purpose and Intent: The city council finds:
1. A significant portion of the city's housing stock consists of rental
dwellings;
2. Proper management of rental dwelling housing is important to the
health, safety, and welfare of persons residing in such housing as well as to city
residents generally; and
3. A rental dwelling owner, or the owner's agent, who manages the
owner's rental dwellings in accordance with applicable provisions of this chapter,
thereby reducing demand for city services to such dwellings, shall receive a
reduction in the disproportionate rental fee payable under Section 5.04.070 of this
title.
B. Establishment of Landlord/Tenant Initiative Program: There is hereby
established a voluntary incentive program, to be known as the landlord/tenant initiative
(sometimes also referred to as a "good landlord program") wherein disproportionate
rental fees payable under Section 5.04.070 of this title will be reduced for any owner of a
rental dwelling who meets the requirements of this chapter.
1. All applicants for a rental dwelling license shall be informed of the
availability of the program.
2. The costs that constitute disproportionate costs and the amounts that are
reasonably related to the costs of services provided by the city shall be as set forth
in a disproportionate costs study adopted by the city council by ordinance.
SECTION 10. Section 5.15.015 of the Salt Lake City Code, shall be, and hereby is,
enacted to read as follows:
5.15.015 DEFINITIONS:
For the purpose of administering and enforcing the provisions of this chapter the
following definitions shall apply:
DISPROPORTIONATE RENTAL FEE: A fee adopted by the city to recover its
disproportionate costs of providing municipal services to residential rental units
compared to similarly-situated owner-occupied housing.
DISPROPORTIONATE RENTAL FEE REDUCTION: A reduction of a
disproportionate rental fee as a condition of complying with the requirements of the city's
landlord/tenant initiative program.
EXEMPT LANDLORD: A residential landlord who demonstrates to the city:
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1. Timely completion of any live good landlord training program provided
by any other Utah city that offers a program similar to the city's landlord/tenant
initiative program; or
2. That the landlord has a current professional designation of"property
manager."
SECTION 11. Section 5.15.020 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.15.020: PROGRAM ADMISSION REQUIREMENTS:
A. Application: An owner of a rental dwelling who meets the requirements set
forth in this section may apply for admission to the landlord/tenant initiative program
and, if admitted, shall receive a disproportionate rental fee reduction as shown on the Salt
Lake City consolidated fee schedule.
B. Admission Requirements: The following requirements shall apply to the rental
dwelling owner or agent of the owner responsible for day to day management of the
owner's rental dwellings. In order to be admitted to the program, the owner or the owner's
agent shall:
1. Complete an application which provides rental dwelling owner and
management information deemed necessary by the mayor to meet the
requirements of this chapter;
2. Complete a four (4) hour training program having the content provided
in Section 5.15.040 of this chapter unless the owner or owner's agent is an exempt
landlord as defined in Section 5.15.015 of this chapter;
3. Complete a similar four (4) hour training program every three (3) years
after completion of the initial four (4) hour program unless the owner or owner's
agent is an exempt landlord as defined in Section 5.15.015 of this chapter; and
4. Execute a written agreement with the city regarding the management of
the owner's rental dwellings as provided in Section 5.15.030 of this chapter.
SECTION 12. Section 5.15.030 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.15.030: CONTENT OF RENTAL DWELLING MANAGEMENT AGREEMENT:
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A. Agreement Provisions: A rental dwelling management agreement referred to in
Section 5.15.020 of this chapter shall include provisions that:
1. Specify measures, approved by the mayor, to be taken at the rental
dwelling premises intended to reduce crime;
2. Require compliance with city and other code provisions applicable to
the premises, including, but not limited to, building, fire, mechanical, and
plumbing codes; snow removal; weed control; and noise;
3. Require nondiscrimination and fair housing as provided in local, state,
and federal law;
4. Prohibit retaliation against any tenant as the result of reporting
violations of a lease agreement, rental dwelling management agreement, or this
code;
5. Require the rental dwelling owner to track annually occupancy denials
and evictions, and provide a record thereof to the city on request;
6. Require the rental dwelling owner, or owner's agent, to:
a. Provide the owner's tenants with a telephone number and/or
email address which tenants may use to contact the owner, or the owner's
agent, regarding any tenant question or concern, and
b. Meet in person with the owner's tenants at least once annually to
discuss any tenant questions or concerns.
7. Encourage, but not require, tenant background and credit checks; and
8. Require the rental dwelling owner to be excluded from the
landlord/tenant initiative program upon noncompliance with the provisions of this
chapter or the rental dwelling management agreement.
B. Compliance: A rental dwelling owner shall be considered in compliance with
this section if a violation is corrected in the time required under any notice of violation
issued by the city.
SECTION 13. Section 5.15.050 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.15.050: COMPLETION OF TRAINING PROGRAM:
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A. First Time Applicants: Unless an exempt landlord under Section 5.15.015 of
this chapter, a first time applicant to the landlord/tenant initiative program shall complete
required training within six (6) months after the owner's rental dwelling license is
approved. Failure by the rental dwelling owner, or the owner's agent. to timely complete
the program shall be grounds for disqualifying the owner from participating in the
program.
B. License Renewal Applicants: A rental dwelling owner who renewed the
owner's business license for calendar year 2011 is automatically eligible for admission
into the landlord/tenant initiative program for 2012 upon completion of aforementioned
applications and training within six (6) months after renewal. A rental dwelling owner
who needs to obtain a business license shall, upon application, be allowed to pay the
discounted disproportionate cost fee but shall complete the obligations of the program
within six (6) months or shall pay the remaining rental dwelling disproportionate cost fee.
C. New Rental Properties: A rental dwelling owner who acquires one (1) or more
new rental properties or misses an admission deadline as described herein may request a
review for admission by the license office. The license office shall review all such
requests and make a determination of admission within thirty (30) days after a review
request is received.
SECTION 14. Section 5.15.060 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.15.060: CONTINUING COMPLIANCE REQUIRED:
The disproportionate rental fee reduction authorized under this chapter is
conditioned upon the rental dwelling owner's compliance with the requirements of the
landlord/tenant initiative program during the term of the licensing year for which the
reduction is granted. No disproportionate rental fee reduction shall be given to any owner
of a rental dwelling unless the city finds the requirements of this chapter have been met.
SECTION 15. Section 5.15.070 of the Salt Lake City Code, shall be, and hereby is,
amended to read as follows:
5.15.070: DISQUALIFICATION:
A. License Office Duties: If the license office receives evidence that a rental
dwelling owner or the owner's agents have violated the provisions of this chapter or the
owner's rental dwelling management agreement with the city, the license supervisor shall:
1. By certified mail, notify the rental dwelling license holder of the
violation and the basis for such action; and
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2. Assess the rental dwelling license holder for any disproportionate rental
fees 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 to the
mayor as provided in Chapter 5.02 of this title.
C. Finding of Noncompliance: If it is determined that a rental dwelling owner, or
any of the owners' rental dwelling units, have not complied with the requirements of the
landlord/tenant initiative program during any portion of the licensing period for which a
reduction was provided, the owner, together with all of the owner's rental dwelling units,
shall be disqualified from the program,and the disproportionate rental fee reduction shall
be disallowed for the entirety of the term of such license. The rental dwelling owner shall
pay the full disproportionate rental fee for every rental dwelling unit listed on the owner's
license application for that year.
D. Readmission: After disqualification,the rental dwelling owner may qualify for
readmission to the landlord/tenant initiative program in the next licensing year only if the
owner has corrected the problems leading to disqualification and has paid all amounts
due in the prior year.
SECTION 16. This ordinance shall become effective on the date of its first publication.
Passcd by the City Council of Salt Lake City, Utah this a day of 1l11nP , 2012.
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Transmitted to Mayor on July 3, 2012
Mayor's Action: Approved. Vetoed.
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Bill No. 49 of 2012. APPROVED AS TO FORM
Published: July 12, 2012 Date, 7� � I .2-"k712_—.
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