049 of 2016 - Amending the Salt Lake City Code to reflect numerous organizational changes within the city administ 0 16-1
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SALT LAKE CITY ORDINANCE
No. 49 of2016
(Amending the Salt Lake City Code to Reflect Numerous
Organizational Changes Within the City Administration)
An ordinance amending the Salt Lake City Code,to reflect numerous organizational
changes within the City Administration.
WHEREAS,Chapter 2.08 of the Salt Lake City Code,was recently amended to reflect
changes proposed by the Mayor to the structure of the City Administration;and
WHEREAS,certain changes are required to ensure internal consistency as a result of the
amendments;and
WHEREAS,the City Council finds that those proposed changes are in the best interest of
the City;
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Chapter 2,Sections,2.23.030,2.76.030,2.76.040,2.80.030,and
2.94.060B of the Salt Lake City Code,are hereby amended to read as follows:
2.23.030:DEFINITIONS:
TRANSPORTATION DIRECTOR:The person appointed by the director of the department of
community and neighborhoods to serve as the director of the transportation division within the
department of community and neighborhoods.
2.76.030:DEFINITIONS:
DIRECTOR:The person appointed by the mayor to serve as the director of the department of
community and neighborhoods.
2.76.040:BOARD CREATED:
There is created the Salt Lake City business advisory board,which body shall consist of eleven
(11)appointed voting members and up to five(5)nonvoting members.Voting membership shall
consist of residents of the city or of nonresidents who have an ownership interest in a business
within the city.No more than two(2)members of the board shall be from the same profession or
occupation.Other individuals,representing organizations with continuing interest and
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involvement in business within the city may be appointed nonvoting members,including,for
example,but not limited to,the Salt Lake area chamber of commerce,the Downtown Alliance,
and the Downtown Retail Merchants Association.The director of community and
neighborhoods,or his/her designee,shall be an ex officio member of the board with no voting
privileges.
2.80.030:DEFINITIONS:
DIRECTOR:The person appointed by the mayor to serve as the director of the department of
community and neighborhoods,or its successor department.
2.94.060:POWERS AND DUTIES:
B.Review,rank,prioritize,and make recommendations on capital improvement program
funding applications and construction designs pertaining to the parks,natural lands,urban
forestry and trails programs.Recommendations should be reflected in applications submitted to
the department of community and neighborhoods and community development and capital
improvement programs advisory board for their consideration for review.
SECTION 2. Chapter 5,Sections 5.14.120(6)(b)(7),and 5.65.042 of the Salt Lake City
Code,are hereby amended to read as follows:
5.14.120:ENFORCEMENT
6(b)(7)Payment plans may be created by the hearing officer.Although the hearing officer has
the ultimate authority in establishing the payment schedule,the minimum payment schedule
provided by the department of community and neighborhoods should be followed.Once a
payment schedule has been developed by the hearing officer,and agreed to by the person cited,
failure to submit any two(2)payments as scheduled will require payment of the entire amount of
the original fine immediately.
5.65.042:NOTIFICATION FOR VENDING CART APPROVAL:
Prior to the approval of an administrative decision to issue a business license for a vending cart,
the business licensing administrator shall provide written notice of the intent to issue the business
license to all property owners and licensed businesses within three hundred thirty feet(330')or
six hundred sixty feet(660'),whichever is applicable per section 5.65.120 of this chapter or its
successor section.The notice shall provide a twenty one(21)day comment period.The business
licensing administrator shall,within seven(7)days of the expiration of the comment period,
either issue the license or refer the application to the director of financial operations and/or
community and neighborhoods director who shall determine within seven(7)days to either issue
or deny the application.For vending carts located on private property,written notice of the intent
to issue the business license shall not be required.Adjacent property owners will be notified
through the applicable land use process per title 21 A of this code.
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SECTION 3. Chapter 9,Sections 9.08.030,9.08.030A(1),9.08.030A(3)(a),
9.08.030A(4)(a),9.08.030F(1)-(2),9.08.090A,9.08.200A(1)(a)(2),9.08.200A(1)(h),
9.08.200B(7),9.08.200D(3)and(4),9.08.200E,9.08.200I,9.08.200I(8)and(9),and
9.12.040(C),(E),and(F)of the Salt Lake City Code,is hereby amended to read as follows:
9.08.030:CITY COLLECTION SERVICE:
The city will provide for the collection and disposal,at the expense of the property owner or
manager,of refuse,recyclable items,and green waste from residences as provided herein.The
city will provide for the collection and recycling of recyclable items,and green waste,at the
expense of the property owner or manager,from eligible recycling customers as provided herein.
Said collection shall be under the supervision of the department of sustainability pursuant to the
following:
A.Refuse,Green Waste,Recycling,And Glass Recycling Collection Services To A Residence:
1.Refuse Service To A Residence And Responsibility For Payment:Except where water,sewer,
and refuse service to a residence is properly terminated,or the owner of that residence notifies in
writing the director of sustainability that the owner's refuse will be picked up and disposed of by
a private hauler,the owner of every residence shall be responsible and liable for the below
enumerated monthly charges for refuse service.The charge for such service shall be billed with
the city's regular water and sewer billings to the owner,at the owner's address as shown on the
records of the public utilities department.In those instances where the water and sewer bill for a
residence is currently being sent to the property manager of that residence at the owner's request,
the refuse service will be similarly billed.However,the owner of the residence is responsible to
pay and is liable for all charges for refuse service furnished to that residence if such property
manager fails to pay the same.
3. Green Waste Collection Service For Residences:
(a) Each residence with at least one city issued refuse container shall be issued at least one green
waste container.One additional green waste container may be provided at no additional charge
upon approval of the director of sustainability or designee.Owners or property managers of
residences receiving city refuse collection service will not be charged for green waste collection
service in addition to the refuse collection fee shown on the Salt Lake City consolidated fee
schedule.
4.Recycling Collection Service Available To Residences:
(a)Each residence with at least one city issued refuse container shall be issued at least one
recycling container.One additional recycling container may be provided at no additional charge
upon approval of the director of sustainability or designee.Owners or property managers of
residences receiving city refuse collection service will not be charged for recycling collection
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service in addition to the refuse collection fee shown on the Salt Lake City consolidated fee
schedule.
F.Suspensions Or Terminations:
1.If a residence receiving city collection service is vacant and the owner is trying to sell it,or it
will be vacant because of an extended vacation of the occupant,the owner may apply to the
sustainability director,in writing,for suspension of city collection service for the period of time
specified in the written request.
2.An owner of a residence may apply to the sustainability director,in writing,for termination of
refuse collection service.If the residence will not be vacant,the request shall include an
explanation of how refuse will be removed from the property,including applicable supporting
documentation such as a billing statement or signed agreement with a private hauler.
9.08.090:COLLECTION TIME;PLACEMENT OF CONTAINERS:
A.Automated refuse,green waste,recyclable glass,and recycling containers containing refuse,
green waste,recyclable glass or recyclable items to be collected and hauled by the service
provider shall be set out for collection on a city street adjacent to the property,or at the place
and at such times as may be designated by the order of the department of sustainability.Such
containers may not be set out upon the street for collection prior to the evening of the day
before collection,and shall be set out on the day of collection by seven o'clock(7:00)A.M.
and spaced three feet(3')(where possible)from the curb,any parked vehicle,other container,
and any other obstruction,as designated by the department of sustainability.
9.08.200:MULTI-FAMILY AND NONRESIDENTIAL SOLID WASTE AND
RECYCLING SERVICES:
A.Generator:
I.(a)(2)Complete and retain on site a self-hauling form certifying that all self-hauling activities
will be completed in accordance with this chapter or any other applicable law or regulation.A
copy of such form shall be available to the director of sustainability or designee upon request.
1.(h)Ensure that the waste and recycling service agreements and a recycling plan are available
for inspection by the director of sustainability or designee,at the principal location of the
generator's business,facility,special event or nonresidential property,as applicable,during
normal business hours.The recycling plan shall include:names of all waste and recycling service
providers;frequency of services;waste disposal and recycling facilities used;location,types,and
sizes of waste and recycling containers;methods used to promote recycling,including labels,
signs and other educational materials.
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B.Authorized Hauler:
7.An authorized hauler shall maintain a copy of a service agreement or receipts documenting
that the generator's recyclable items have been properly delivered,as well as any documentation
evidencing any event of force majeure that prevented the proper delivery of recyclable items.
Such documents shall be available for inspection by the director of sustainability or designee at
the authorized hauler's place of business during normal business hours and be maintained for not
less than three(3)years.
An authorized hauler shall report to the director of sustainability or designee recycling,refuse,
and green waste activity as described in subsection I of this section.
D.Exemptions:The following shall be exempt from the requirements of this section:
3.Businesses,buildings,or entities that generate less than four(4)cubic yards of solid waste and
recyclable items per week.This exemption does not apply to special events unless the generator
demonstrates to the director of sustainability or designee that the special event will produce less
than the threshold amount.
4.A generator who demonstrates to the director of sustainability or designee that less than two
(2)cubic yards of recyclable items are being generated per week by any activities in the
generator's multi-family or nonresidential property.
E.Exemption Application:If the generator seeks an exemption,the generator shall submit an
application for such exemption on a form prescribed by the director of sustainability.After
reviewing the exemption request,and after anon site review,if applicable,the director of public
services or designee shall either approve or disapprove the exemption request.
I.Reporting:Authorized haulers shall provide quarterly reports on the dates described below to
the director of sustainability or designee identifying,at a minimum,the following information:
8.The authorized hauler's failure to file the reports required by this section shall,at the option of
the department of sustainability,constitute cause for termination or suspension of the hauler's
permit status.
9.Upon request,the authorized hauler shall provide to the director of sustainability or designee a
list of names and addresses of customers and services provided and any additional information
required by the director of sustainability to determine compliance with this chapter and to
calculate waste diversion data for Salt Lake City.
9.12.040:HOUSEHOLDS;CONTAINER AND PICK UP SPECIFICATIONS:
C.All items too large to fit into containers,such as,but not limited to,appliances,furniture and
mattresses,shall not be collected by the city except upon such exceptional occasions as shall
from time to time be designated by the department of sustainability.
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E.Containers shall be kept covered at all times.Any container which does not conform to
prescribed standards or which has defects likely to hamper collection or injure the person
collecting the contents thereof or the public generally shall be replaced promptly by the owner or
user of the container upon receipt of written notice of such defects from the department of
sustainability.
F.Containers with garbage and other solid waste to be collected by the city shall be set out for
collection at curbside and on the days designated by the department of sustainability.Such
containers shall not be set out upon the street for collection prior to the evening of the day before
collection and shall be set out on the day of collection by seven thirty o'clock(7:30)A.M.All
empty containers shall be removed from the street as soon as practicable after being emptied and
in every case shall be removed from the street the same day as they are emptied.
SECTION 4. Chapter 15,Section 15.16.090A and B of the Salt Lake City Code,is
hereby amended to read as follows:
15.16.090:RECREATION PROGRAM FEES:
A.The director of public services and the director of community and neighborhoods,with
approval of the mayor,shall establish a fee schedule for recreation program fees;provided,
however,that all such fees shall be included on the Salt Lake City consolidated fee schedule.The
maximum fees charged shall be as follows:
B.The director of public services and the director of community and neighborhoods,in
establishing fees within the limitations provided in this section,shall determine the fee based
upon the recoupment of costs incurred by city personnel for their time in making the reservations
and in their involvement with the activity.The fees charged do not represent the payment of any
consideration for the use of the land,which is provided at no cost,fee,or consideration.
SECTION 5. Chapter 18,Sections 18.20.220(C)and(F),18.50.100(B)(8)(2),18.97.020,
18.97.030(C)(1)-(3),18.97.040(A)and(C),18.98.020;and 18.98.090(B)(3)of the Salt Lake City
Code,are hereby amended to read as follows:
18.20.220:WAIVER OR DEFERRAL OF FEES:
C.Waivers under five hundred dollars($500.00)may be granted by the director of community
and neighborhoods.
F.The HAAB recommendation will be made to the director of community and neighborhoods,
who shall issue the decision of the department.
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18.50.100:ENFORCEMENT
B(8)(2)Payment plans may be created by the hearing officer.Although the hearing officer has
the ultimate authority in establishing the payment schedule,the minimum payment schedule
provided by the department of community and neighborhoods should be followed.
18.97.020:HOUSING MITIGATION CONDITION PRECEDENT TO DEMOLITION OF
RESIDENTIAL UNITS:
A.Housing Mitigation Plan:Except as provided in subsection B of this section,any application
for a demolition permit which,if issued,will result in a loss of one or more residential units
located in a residential zone;any petition for a conditional use permit to authorize or expand
vehicle parking in a residential or mixed use zone;and any petition for a zoning change that
would permit a nonresidential use of land,that includes within its boundaries residential dwelling
units,may not be approved until a housing mitigation plan is approved by the city.The housing
mitigation plan shall be proposed and submitted to the city's planning director and the director of
community and neighborhoods and shall be accompanied by a housing impact statement.
18.97.030:OPTIONS FOR MITIGATING RESIDENTIAL LOSS:
C.Fee,Where Deteriorated Housing Exists,Not Caused By Deliberate Indifference Of
Landowner:
1.Request By Petitioner For Flat Fee Consideration:In the event that a residential dwelling
unit is targeted or proposed for demolition and is in a deteriorated state from natural causes,
such as fire,earthquake or aged obsolescence that is not occasioned by the deliberate acts or
omissions to act on the part of the petitioner or his predecessors in interest,which detrimental
condition reduces a dwelling unit's fair market value or habitability as a residential dwelling
unit,the petitioner may request an exemption from the above two(2)methods of mitigation
from the director of the department of community and neighborhoods as provided below.A
judgment as to whether deterioration has occurred as the result of deliberate indifference
shall be based on a preponderance of evidence.
2.Required Facts Of Natural Deterioration/Increase Fair Market Value Of Units To Be
Demolished:The petitioner may submit to the director of the department of community and
neighborhoods every fact known to support the proposition that the residential dwelling units
were not purposely allowed to deteriorate by lack of reasonable maintenance,ordinary and
prudent repairs,or other acts or omissions to act.The value of the unit(s)targeted or
proposed for demolition may be increased to the fair market value that the units would have,
if each unit was in a state of habitability and minimally meeting applicable building codes
and other applicable law,excluding land value.This enhanced value will then be applied in
thus computing any housing mitigation payment provided in subsection B of this section.
3.Flat Fee Mitigation Payment:In the event that the petitioner actually and reasonably
demonstrates to the director of community and neighborhoods that the costs of calculating
and analyzing the various methods of mitigation are unreasonably excessive in relationship to
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the rough estimated costs of constitutionally permitted mitigation,the department director
may recommend to the city council that a flat rate be paid by the petitioner to the city's
housing trust fund.This flat rate shall be a sum not in excess of three thousand three hundred
twenty two dollars twenty cents($3,322.20)per dwelling unit to be demolished.Such flat fee
shall be adjusted for inflation as of January 1 of each calendar year following the initial
adoption hereof,based on the consumer price index for the previous twelve(12)months,or
three percent(3%),whichever result is less.
18.97.040:HOUSING MITIGATION JUSTIFICATION TO COUNCIL:
A.Report To City Before Rezoning Hearings:The director of the department of community and
neighborhoods,or designee,shall prepare a report justifying the method of housing mitigation
recommended by the director,including the factual basis upon which it is premised and a
factually based justification for the recommendation.This report shall be submitted to the
planning commission in sufficient time for its deliberation concerning the advisability of
effectuating the petitioner's request for a zoning change.The petitioner may,likewise,submit its
proposal and the factual and legal justification for mitigation,if any,or why the director's
recommendations are appropriate or should be modified.The commission shall include in its
evaluation an evaluation of the adequacy of the housing loss mitigation plan,proposed by the
petitioner and that recommended by director of the department of community and
neighborhoods.
C.Report To Housing Advisory And Appeals Board:A housing mitigation plan required under
chapter 18.64,"Demolition",of this title shall be considered by the housing advisory and appeals
board as provided in such chapter.The director of the department of community and
neighborhoods shall prepare a report justifying the method of housing mitigation recommended
by the director,including the factual basis upon which it is premised and a factually based
justification for the recommendation.This report shall be submitted to the housing advisory and
appeals board in sufficient time for its deliberation concerning the advisability of effectuating the
petitioner's request for a demolition permit.The petitioner may,likewise,submit its proposal and
the factual and legal justification for mitigation,if any,or why the director's recommendations
are appropriate or should be modified.The board shall include in its evaluation an evaluation of
the adequacy of the housing loss mitigation plan,proposed by the petitioner and that
recommended by director of the department of community and neighborhoods.
18.98.020:DEFINITIONS:
DEPARTMENT:The department of community and neighborhoods of the city.
DIRECTOR:The director of the department of community and neighborhoods of the city.
18.98.090:CHALLENGES AND APPEALS:
B(3)The community and neighborhoods director may adopt policies and procedures consistent
with the provisions of this section,for processing appeals,the conduct of an appeal hearing,and
for any other purpose considered necessary to properly consider an appeal.
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SECTION 6. Chapter 21A,Sections 21A.06.070,21A.20.110A(2),21A.40.200C(3)(a)
and C(3)(b),21A.46.180C,21A.58.050A(1),21A.58.060I,21A.58.080C(8),and 21A.62.040 of
the Salt Lake City Code,are hereby amended to read as follows:
21A.06.070:DEVELOPMENT REVIEW TEAM(DRT):
The development review team shall consist of a designated representative from all city
departments and/or divisions involved in the development review/approval process,including,
but not limited to,the department of community and neighborhoods,the department of public
services,the police department,the fire department and the department of public utilities,and
shall be responsible for advising the zoning administrator in the zoning administrator's
administration of the site plan review process pursuant to the provisions of chapter 21A.58 of
this title.
21A.20.110:HEARING OFFICER DUTIES:
A(2)Payment plans may be created by the hearing officer.Although the hearing officer has the
ultimate authority in establishing the payment schedule,the minimum payment schedule
provided by the department of community and neighborhoods should be followed.
21A.40.200:ACCESSORY DWELLING UNITS:
C(3)(a)A claim by the city that a person is not an owner occupant may be rebutted only by
documentation,submitted to the department of community and neighborhoods,showing such
person has a bona fide intent to make the dwelling unit his or her primary residence.Such intent
shall be shown by:
C(3)(b)Any person who fails,upon request of the department of community and neighborhoods,
to provide any of the documents set forth in subsection C3a of this section or who provides a
document showing that ownership of a dwelling unit is shared among persons who do not all
occupy the dwelling unit shall mean for the purpose of this title that such person shall not be
deemed an"owner occupant"of the dwelling unit in question.
21A.46.180:CONSTRUCTION IMPACT AREA MITIGATION SIGNS:
(C)CITY ADMINISTRATION:The community and neighborhoods director with consultation
with the planning director,transportation director and city engineer.
21A.58.050:DEVELOPMENT REVIEW TEAM(DRT):
A(1)The department of community and neighborhoods;
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21A.58.060:APPLICATION REQUIREMENTS:
I.The location and size of sanitary and storm sewers,water,gas,telephone,electric and other
utility lines,culverts and other underground structures in or affecting the project,including
existing and proposed facilities and easements for these facilities.In the case of city owned
utilities,such information shall be provided to the applicant by the department of community and
neighborhoods and/or department of public utilities;
21A.58.080:PROCEDURES FOR SITE PLAN REVIEW:
C(8)Maintenance Guarantee:When any improvement is to be accepted for dedication,
maintenance or operation by the city,the applicant shall be required to provide financial security
(acceptable to the city attorney)in the amount of ten percent(10%)of the total construction costs
of the project to cover the costs of any defects which may occur in such improvements within
two(2)years after the date of acceptance by the city.The director of community and
neighborhoods or director of public utilities or other city official shall be responsible for
determining when such financial security shall be required.
21A.62.040:DEFINITIONS OF TERMS:
BUILDING OFFICIAL:The building official of the department of community and
neighborhoods.
PLANNING OFFICIAL:The director of the planning division of the department of community
and neighborhoods,or his/her designee.
ZONING ADMINISTRATOR:The director of the planning division of the department of
community and neighborhoods or his/her designee.
SECTION 7. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City,Utah this 19 day of July ,2016.
CH ERSON
ATTEST:
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CITY RECORDER
Transmitted to Mayor on July 20, 2016 .
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Mayor's Action: A Approved. Vetoed.
AY,Ii R
CITY RECORDER oT'�.� SALT LAKE CITY ATTORNEY'S OFFICE
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AS PROVED Al TO FORM
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(SEAL) M.T;ret Plane
Bill No. 49 of 2016.
Published: July 27, 2016
HB ATTY-053201-v6
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