065 of 1982 - Amendment to Repairs and Replacement of Sidewalks and Curb and Gutters 0 82--47
20ED
SALT LAKE CITY ORDINANCE
No. 65 of 1982
(Repairs and Replacement of Sidewalks
and Curb and Gutters)
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 38 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965 RELATING TO REPAIRS AND
REPLACEMENT OF SIDEWALKS AND CURB AND GUTTERS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2 of Title 38 of the Revised
Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby
is is amended to read as follows:
Chapter 2
REPAIRS AND REPLACEMENT OF SIDEWALKS
AND CURB AND GUTTERS
Sections:
38-2-1. Purpose and definitions.
38-2-2. Duty of owners and tenants to notify City of
defective concrete.
38-2-3. Defective concrete discovered by City.
38-2-4. Notice to replace.
38-2-5. Cost of repairs.
38-2-6. Waiver of replacement requirement.
38-2-7. Ordinary repairs.
38-2-8. Exemption from payment.
Sec. 38-2-1. Purpose and definitions.
(1) Purpose. This title is enacted for the purpose of
promoting the health, safety and welfare of the inhabitants of
Salt Lake City by keeping sidewalks, and appurtenances such as
drive approaches, parking bays and curb and gutter in repair. To
this end it is deemed the responsibility of owners to notify the
City of any defective concrete, existing at their property.
(2) Definitions. For the purposes of this chapter the
following terms, phrases and words shall have the meanings given
herein:
(a) Apartment house. "Apartment house" shall mean a
building comprising four or more dwelling units designed for
separate housekeeping tenements.
(b) Appurtenances. "Appurtenances" shall mean drive
approaches, parking bays and curb and gutter.
(c) Business. "Business" shall mean any place in Salt
Lake City in which there is conducted or carried on
principally or exclusively any pursuit or occupation for the
purpose of gaining a livelihood.
(d) Defective concrete. "Defective concrete" shall
mean when any of the following conditions exist within the
public way:
(1) The sidewalk sections or appurtenances have
separated and raised or depressed to a point that one
section or even a part of a section is elevated or
depressed at least one (1) inch above the other; or
(2) The sidewalk or appurtenances have shifted,
or where greater than fifty percent of the surface area
of any given section contains holes or depressions,
which allow water to become entrapped or cause ice
pockets.
(3) Areas or sections of sidewalk or appurte-
nances contiguous to sections which are in a condition
as defined in (a) or (b) above show similar signs of
deterioration to such an extent that they can reason-
ably be considered as part of the overall defective
areas or which must be replaced to effect a proper
correction of the defective sections.
When any of the foregoing conditions exist, the
replacement required shall constitute extraordinary
repairs.
(e) In one ownership. "In one ownership" shall mean
when the same person is owner of two or more lots or tracts
of land even though such person may own them jointly with
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dissimilar persons.
(f) Multiple dwelling units. "Multiple dwelling
units" shall mean four or more dwelling units designed for
separate housekeeping tenements when such units are so
situated as not to constitute an apartment house, when such
units are located on the same lot or tract of land, or on
two or more lots or tracts of land which are connecting and
in one ownership.
(g) Owner. "Owner" shall mean the person or persons
who are either the record title holders of real property or
is (are) the purchaser(s) of real property under any
contract of purchase.
(h) Residences. "Residences" shall mean buildings or
dwellings comprising not more than three dwelling units
designed for separate housekeeping tenements and where no
business of any kind is conducted, except such home occupa-
tions as are allowed and defined in the zoning ordinances of
Salt Lake City.
(i) Section. "Section" shall mean a portion of the
concrete which is set apart by expansion joints.
Sec. 38-2-2. Duty of owners and tenants to notify City of
defective concrete. Any person owning real property in Salt Lake
City and any tenant of real property in Salt Lake City shall
report to the City Engineer's Office the fact that any defective
concrete exists in front of or along the side of the property
owned or occupied by said owner or tenant.
Sec. 38-2-3. Defective concrete discovered by City. In the
event any defective concrete is discovered or observed by the
City, City shall have the right to give notice to the owner of
the adjacent property the same as if reported by the owner or
tenant.
Sec. 38-2-4. Notice to replace. Whenever the City receives
notice of any defective concrete, as provided in Section 38-2-2
of these Revised Ordinances or discovers same as provided in
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Section 38-2-3 of these Revised Ordinances and City deems that
such concrete is defective, it must be replaced. Upon such
determination by the City, it shall notify the property owner
whose property is adjacent to the defective concrete where such
replacement is needed that the owner shall have the options
provided in Section 38-2-5 of these Revised Ordinances for the
method of replacement. Said notice shall also set forth the cost
of replacement to the owner in the event such replacement is made
by the City or by a contractor employed by the City
Sec. 38-2-5. Options and cost of repairs. After notice is
given as specified in Section 38-2-4 of these Revised Ordinances,
the replacement of any defective concrete may be made in the
manner as herein set forth and the cost thereof shall be paid as
follows:
(1 ) If the adjacent property is a residence, the owner may
employ a contractor to make the required replacement. Such
replacement must be done according to City specifications, to the
satisfaction and approval of the City Engineer, shall be done
only after obtaining the required permit and shall be completed
within 30 calendar days of receipt of the notice provided for in
the preceding section. Replacement made under this subsection
(1 ) shall be at the sole cost and expense of the owner.
(2) If the adjacent property is a residence, the owner may
agree in writing, upon forms approved by the City Attorney's
office, to pay 50% of the cost thereof in advance and the City
shall pay the remaining 50% of the cost of replacement. In such
case, the City shall make the replacement or employ a contractor
to make same, subject to the availability of funds.
(b) For replacement made to defective concrete adjacent an
apartment house, business, multiple dwelling units and any other
case other than a residence, the owner of the adjacent property
shall pay the total cost of such replacement. Such replacement
may be accomplished, at the option of the owner, by a contractor
employed by the owner or, upon payment to the City of the total
-4-
cost thereof in advance, by the City. If done by a contractor
employed by the owner, such replacement must be done according to
City specifications, to the satisfaction and approval of the City
Engineer. It shall be done only after obtaining the required
permit and completed within 30 calendar days, weather permitting,
of receipt of notice provided for in the preceeding section.
(c) The owner must notify the City Engineer, within seven
(7) calendar days of receipt of the notice provided for in the
preceding section, under which option said owner wishes to
proceed.
(d) In the event said owner refuses to notify the City
Engineer as to the option elected by the owner for the necessary
replacement, the City may then create a special improvement
district for the purpose of making the required replacement after
said district is created and levy assessment on the property in
accordance with Section 10-16-1 et seq., Utah Code Ann. 1953, as
amended; provided, however, that the City may pay up to 50% of
the cost of replacement, subject to the availability of funds,
when the adjacent property is a residence and levy the balance as
an assessment against the property. Such assessment shall be
designated by the ordinance creating the special improvement
district to be paid by the owner of the property assessed over a
period of five (5) years from the effective date of said
ordinance.
(e) This section shall not preclude payment being made for
replacement to defective concrete adjacent to a residence by the
City under special conditions, such as the City receiving a
Federal grant for such replacement, a low income waiver, as
provided in Section 38-2-10 of this chapter, for the City to pay
all or a portion of said cost. Prior to making any payment in
excess of 50% in the case of a residence, the Mayor must first
establish a written executive policy concerning what percentage
the City will pay.
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Sec. 38-2-6. Waiver of replacement requirement. In the
event the City shall determine that any defective concrete should
not be replaced because of a contemplated overall street repair
or replacement project, lack of funds or other good reason, the
Mayor or the Mayor's designee may temporarily waive the
requirement of replacement.
Sec. 38-2-7. Ordinary repairs. Any repairs required to be
made to sidewalk or appurtenances which are not defective, as
defined herein, shall constitute ordinary repairs. In the event
the City determines that any ordinary repair should be made, the
entire cost thereof shall be borne by the City, subject to
availability of funds.
Sec. 38-2-8. Exemption from payment. When the owner of a
residence adjacent to any defective concrete which requires
replacement shall have a combined family income at or below the
levels established by the Department of Housing and Urban
Development in its "Income Limits for Housing and Community
Development, Section 8 Program for Salt Lake City and Ogden, Utah
SMSA", as amended from time to time, the entire cost of
replacement shall be paid by the City, subject to the
availability of funds. Such owner, upon filing an application
therefor with the City, shall be exempt from the payment required
by Sections 38-2-5 and 38-2-9(b) of these revised ordinances. In
order for the above income guidelines to become effective for the
purposes of this section, the City must receive notice of such
amendment and same must be adopted by the Mayor by executive
action.
SECTION 2. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 12th day of August, 1982.
CHAIRMAN-
-6-
ATTEST:
C I�R E
L
Transmitted to the Mayor on August 26, 1982
Mayor's Action
MAYUH
ATTEST:
L_{/
C ITY IWER
cc36
( S E A L )
Published: September 16, 1982
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ADM-35A
Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake
.SALT LAKE CITY ORDINANCE
—•, ...........Debra,.Scroggins ri?gV31�.....................................
NO.65 of Hp
(ReaNn d( ql
AN ORDINp ICE N I�T G C A R R OF 7�TL�s
OF THE REVISED D NANCES OF SAE LAK6'CITY'- Being first duly sworn,deposes and says that he Is legal
VTAH,19MS R G TO REPAINA-YtNDPLACEMENI'
OF �E� �K A DCiUnRB ANDC.
.�TNTE4RR�SSC advertising clerk of the DESERET NEWS, a daily
SECTIONI KiN.ChaPPlteertf f THle7iofMa�*fl°ed Ordb
nances of5eRl aCnv,Uteh,7966,be,entl 4 Nme hereby (except Sunday) newspaper printed in the English
la amenaN to.S.., a.rouowh language with general circulation in Utah, and
yy55y.� Chapter P
REPAIR,S'AND REPLACEMENT OF SIDEWALKS published In Salt Lake City, Salt Lake County, In the
AND%CURB AND GUTTERS State Of Utah.
Sectfom:
3eR-1.,PurTt1 Is and ANinitlons.
3s-R-2.WiV�ff owhere entl taneMa to notl}v Cliv al dafec-
nvec�ncrete.
3a-1-3.Nofket r%lalat.dlacoverN by City. That the legal notice of which a copy is attached hereto
7e-]-5.Notke to r lets.
3e-4.5.w I1—of r�lic°m°nt n"
3&7.7. din. re rs. ulrament.-
riveI For he,,yPer title ens end Pub. S.L. Ordinance No. 65 of 1982
38-R-1,Exempiloan Irani ym t.
(I Ic P36sp-1osPnlrl,°I'sBtit"Ia°RMlaclwof(orme:pu Pose off
p ...............................................................................................................
da,ke°pCltrye�Makl°a'aI ldewallk,an�dyr0PUR °ea°}."such ast
To this end It b,deemed the rNPM Ip1IIfYs to`miiv ...............................................................................................................
me City 01 defective mnttero,exlailnR' YPrapertY.
(3)Definrtiona.For the pureoa s ) er the rollow-
Ing terms,phases and vyRrdl'Ma11.MW frilenIns;given
herein: ...............................................................................................................
*11 "'Def
tlmunll na
butsIIN its deabned ror
fdItmean drive .........................................................................................................°� e4Ypiece InSalt
:or.rrld on orinclp°I-
IY. cccusetion for theourpoaet ...............................................................................................................
actiinwheMorons,exil`wlthrn°tthe-bbk
wayt was published in said newspaper on.........................................
separated andaisBed or sections
r appurteltenc9e have
Beeedd to a pmott t that one
Ncilon or even a Pall o/a section is elevated or de-
pressatl of ledat oN(1)Inch above the other;ar
(R)The akbsafi pprr aPpurtanencN have shifted, ...................$t?pt...... ...1.9.8�..............................................................
or where yyre►ter Men 111N percent of the surface area,
of anti give-section mmeins holes or or""1ole,.
whit allow water to become entrapped or cause is
pokers:ooff ..................................................... Legal Advertising'CIe .
3)Ar o or a}�aa�occnttlons.1 sidewalk or ep rolnMances
fined In01(ta)tor(b)a above show Simller sCOlonn,"of da°bteg:
.ten to evch aann„t al dew ten-gowned,tr -
i cmonnss 41 gefective ernes or
vlhk-mUIT Be r.+sP a td to proper correctlon.
Pf the defective sM�ona.
When any.the brapping c�prMitlons exet tie
reatammam 4.1red-hell parlatltNe exmNrdf ery before me this..2Ath.......................................................................day of
rePalrs.
fe)1n One°WfgrNia."In p1a oWYNrN1iP"8ha11 mean
IlMdneveaee Pharewn iaer°WlonBn may 000w•n them loIn ny with ddi°a- A.D. 19. 82
similar"na. .............. .......,
(t)Multiple dwell)n until."MOltlple dwelling unit°"shall
mean four or more dwev lllrtg units deigned for separate h-u-
kpeping tenemanh wfien—1 unha are w sleeted as not to
mnefNufe en apartment house,when such units ere located on
the same or tract.land,.on two 01 more Its or tracts 7
of IanO wh ch are oorn t!rp antl In one owMrfMp.
(b)OwNr."OWMr' shall mesh Me parson or pprr ': ./G
who are .—the record title hold..of--1 Propene or 1, :c:;<�.l `.....17 7........{..(,�.2,��.'k':............
arre)t�Purchaser(s),of real proNrtY under any con nrpxt of estp Notary Public
dWellti)).pgRBrgnf�l:.g„ran then MIN dmQ°lwallltglunlle°or
ipNd br 9epar�fa houNkaepltq tanNnama and
Wh.eno
business of any kind Is mNucted,except such 1lonre occupy
lions se pre allowed and defined In Me rAninp ordinenms of
Sam L.eke ClfY..
(U Sset av r&edexmpaa elan-ninth a Portion.the roncre}e
del . 39•SY°rtDury by eof nowners°er E•}Name tpo�rPo.11tN CIt$ye.
L°Meke CIN and anytenantot of real prMaprty Iin Salt Lake CIN
hell report-ro the GI�s!..EnaineerOntim iM fecf Met env
defective mrcraro exlNs In front of.atop fhe.Ids of Me
Pro'arty Owned..am ped by Mid TCW Orf ham.
event env sdHecrlw�Yncv isle s dlxoOiI%rWa"by Me
-CIN,'CIN Mall have the right to$I notlu to the owner M
iteNtal°dlt)ecent prpPgrly 1)e b.rla a.N,reperMd by Me owner or
'sac.3e-ia.Nd�rre ro-Niece.wlenev.Ms pplryy receives
617ce.em defective corlcreta,sa�spProvldeq in SecTlott 3b3.3
SotectirotN°8it"*,'of 1MMn°Rw as
i Intl nencea°Ik City deavinsillai i
wch CCgqncrero 19 dala�(IWf r must M
d6temnination'aY Ne CIN,n shell noNN 1M Mgorty Z tI
wwllboeeee.orxxty Is adlaoMI ,Me dglecllva c rste W ere
wut)t r.4PolyK�NaynegMr lye ar lelPN�iYd Met hw owner II have the oP•
f„or me I IIMed'BI MPI°eim3F21 a t1eN 1W Ontl1forth
the nisi of ngplacemNt ro tM ow$°r Iertl Ia tM e`vhe°n11100 ypi rf°tepM am Is made by Ms CIN or by a contract.MnatoyN replace,
the CItY.
Sec-7&V O a are cost of rape It. A}yr nWke Is
given a°meciried of°CN ?Ve r Rssl I be Iren-
e,the repla nay act ale ry1 the Tens-a°IerNnMt forth and tM mat pyjaq y�°tlBpg Peltl as rollow.:
(1)If Me edlaCW pmperiv I°a relldenra.Me Owl.p be employ e'contraOl�ro make the r. rod rapt Su eWaomenf muff be dqe eccording tp Cffy spec ff.Ipry,ro
the Ntisfaclion amp epq'ovgl of Me CIN E�MNr Mall M
done only afar abs°Ini iM regNratl permit ar.d shell
''�onredleNtN wi n 30 FerBrr VI of rap Pat of AM I,undar,thi,Wb MlH.(1)shell be of IM-NRNeplgen entl bipepN
.l oymer_
propery Is a reeltlerca file owMr mev
�sBroe Inrwr,�Yfi Bm�apenn/oarma approved liy iMNCpI1and N A a
,,cto1rptp `Glty in.li m�ek01MtlrinnVaBpli vnry[yawp°t�a�amplC
cont(7)For 1 Name,askme an ro�aMecnwuwbrpicrole'adlacam
an apartment faux,business,multiple AvNliiq Is
ads env
'01her cax adror men a rHIdBIKe,Me owror o1 th,atllscant
ProPerh'$hall pay the total cost' auto reolsanYent.such
aBP aCerMllt may be....I P01hld,at the oq)on of the tamer,
by a conhactar emploYetl by the mailer or,upon=rranl to i
titione W a wmremcltir a lW1 1dMolbvntne 0 iier�wcli reWsoe{
»tis Ion a appppeal of I city Fat tons,1111 bra
done only after ablaln1M the 1 Iretl permit and ttanPleteof
ti�eha A In R1e Yi s e0ire sect'gTirs,of receipt of M.
(7)ceieMert Aalyara austerelYt ofIneCiiNWkelaM orn ixvihe
precedlM.aectlon,under which Dist"seW owner wish0f 10
Proceed.
l5)In ids event said—hor refuses to notlN file CIN Ertpl-
neer as to the OPtlpn 01Ktetl by ids OWiter br Ili$I1$tBffd
distrct fortiFle ou ltr~of Maki Mar peri e0 re�plpcemenntt
ether seal dlstrlci Is created and tevY assessment M tiro Pro6
arty In accordable with 590,m 10.141Uteh Cade Aoan,
I oS'aso%ofof M0 osirof i lecart�ne—I.-cl io CMe eve YeDll�
ty of funds,when the adacent properly Is a reslaence aids
levy the balance as an assessment apa1M ids prpp0rN Such
assessment shell be dmlone(eAt wgrdlMnce veSti p Ids
avensl hnwovem$pR diet ip_jt I Itl w iha owMr"of tM
era ive tlate of u U mdine P�eYi I ve(pse)-veen hen the N
/br reokceimmt to Hj easaay0�i�«erd foaieMfldar
litia;to Foederal nderM brrowtp pbt�aceiMM,a Iow 1 Cnc neFaly-
ar.Y ell roorva ton Iselx d Prior fo makliq ytwvmast
fir excess of 50%In itro case of a"all—lte,=m as.must
!bast estebllan atywrNi"y"""We poll"c emfrq what
car�.ape�-b.CWe',�o('reoleceinem r Iramwd.m me
amid riot Clbee.rapttxcee&tarb.cmwfe of a°M yylmaad—at.
d I
street ropelr er replacMront ProtectMwvo.18tk of halls or oRror
Bo�Yawaive the eeulreremenr t W replep,s deslow may han a,
ar Ne 7.Mtllne,rus�Palra.AM'repelrs reiWime&to rad to De
sa defModd herein ihell con�atlaM orOiaaY�e etI�In 1Me
m the CI determines that any ortliMry repair Itl a
made.ids Ire Cost ttw m shall be bads by 1M IN,aub-
tact to eyeuebiHtY of funds.
Sec Js- E emotbn hen MYment.Wh m e proem of
a residence adlaCBm to anY defective ton[rele whits raWlres
ieobc&nent shall have a Cambiiled/amity income et or belwv
ds Iwels eateblis�M the Depertmem of tfankro and
urban Developnealm n Its"Incoin Limits for H�SypInB one
GN end%danDe;,UtM�tSMI�$e aftn iiomfor io Lek..
ids entire cost of repleMrMnt shell be Pald ba'the rty rods
aed ro the'avallabilHv of hinds.SUM owner,upon II Ids an
PPncatfon tirorefor wi5m50emctlh�e ciN,fnau ba a hole r11e
eVlxdoMlMlnas.bin ortler for t�hejetiwe IMmie)puWelit names
to become eHecYlve 1m N1e,Purppees of this sMtlon,
the CM
must reCalve Miekye ol full errlarltlirleni and xme must be
a�ERION 2 aTYih ro Ainenutvihelltelte effect upon the date
m I Pl�r pWMll t�theiClty Council d saR Lake Clty,Utah,'this
12thdev of August,tOY[. s.FONNESgECK
ATT T
CHAIRMAN
CAT YC tAARSHALL_
CITY RECORDER
nurM'4 Arlon 'a
TED WILSON
MAYOR
ATTEST:
KAT RYN MARSHALL
CITY 6CORDER
o-pBEAU
lHMu:September Is,i96]