065 of 2015 - Inspection of Rental Dwelling Units (Chapter 5.14 and various sections); Landlord/Tenant Initiative 0 15-1
0 15-18
SALT LAKE CITY ORDINANCE
No. 65 of 2015
(Amendments to City Ordinances Impacting the Inspection of Rental Dwelling Units)
AN ORDINANCE AMENDING CHAPTER 5.14 OF THE SALT LAKE CITY CODE
AND SECTIONS 2.21.030,2.21.040,5.04.070,5.15.020,5.15.030,AND 5.15.070 OF THE
SALT LAKE CITY CODE REGARDING THE INSPECTION OF RENTAL DWELLING
UNITS AND PERTINENT ASPECTS OF THE CITY'S LANDLORD/TENANT INITIATIVE
WHEREAS,portions of Chapter 5.14 of the Salt Lake City Code provide for the
inspection of rental dwellings;and
WHEREAS,sections 2.21.030 and 2.21.040 of the Salt Lake City Code outline the
powers and duties of the Housing Advisory and Appeals Board("HAAB");and
WHEREAS,sections 5.04.070,5.15.020,5.15.030,and 5.15.070 of the Salt Lake City
Code address aspects of the City's business licensing processes and the City's landlord/tenant
initiative;and
WHEREAS,the City Council now desires to amend certain provisions of the City Code
regarding the inspection of rental dwellings and the city's landlord/tenant initiative.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Section 2.21.030 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
2.21.030:POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Interpret the provisions of title 5,chapter 5.14 and title 18,chapter 18.50 of this code;
B. Hear and decide appeals as specified in title 5,chapter 5.14 and title 18,chapter 18.50 of this
code;
C. Modify the impact of specific provisions of title 5,chapter 5.14 and title 18,chapter 18.50 of
this code,where strict compliance with the provisions is economically or structurally
impracticable and any approved alternative substantially accomplishes the purpose and intent
of the requirement deviated from;
D. Conduct housing impact hearings pursuant to title 18,chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding housing to
the city council;and
F. Conduct abatement hearings pursuant to title 18,chapter 18.48 of this code
SECTION 2. Section 2.21.040 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
2.21.040:HAAB PANELS:
Unless otherwise determined appropriate by the chair,HAAB may exercise any of its
responsibilities under title 5,chapter 5.14,or title 18,chapter 18.50 of this code in panels of five
(5)voting members appointed by the chair.
SECTION 3. Section 5.04.070 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
5.04.070:LICENSE FEES LEVIED:
A. Fees For Businesses Located In The City:There is levied upon the business of every person
engaged in business in the city at a place of business within the city,an annual business
license fee per place of business except as otherwise set forth in subsection F of this section.
The amount of the fee shall be the base license fee imposed under subsection B of this
section,plus:
1.The regulatory fee imposed under subsection C of this section,if applicable;and
2.The disproportionate cost fee imposed under subsection D of this section,if applicable;
and
3.The enhanced services fee imposed under subsection E of this section,if applicable.
B. Base License Fee:The base license fee levied and imposed,covering licensing,inspection(if
applicable),and related administrative costs shall be as follows:
1.Home occupation businesses:As shown on the Salt Lake City Consolidated Fee
Schedule.
2.Nonhome occupation businesses:As shown on the Salt Lake City Consolidated Fee
Schedule.
C. Regulatory Fee:The regulatory fee levied and imposed,for direct costs associated with doing
business within the city,covering licenses listed under the Salt Lake City Consolidated Fee
Schedule shall be as set forth thereunder.
D. Disproportionate Cost Fee:
1.It is determined by the city council that a disproportionate level of municipal services
are provided to certain businesses within the city in comparison with the level of services
provided to other businesses and to residences within the city,based on additional
municipal services provided to such businesses and on disproportionate use of public
utilities and services for police,fire,stormwater runoff,traffic control,parking,
transportation,beautification,and snow removal.Disproportionate cost fees shall be
levied as set forth in subsections D2 and D3 of this section.
2.For any business having employees,the disproportionate cost fee for such business
shall be as shown on the Salt Lake City consolidated fee schedule,per employee,for each
full time and part time employee exceeding one,engaged in the operation of said
business,based upon the"number of employees"as defined in section 5.02.005 of this
title,or its successor section.
3.The disproportionate cost fee for a specific type of business shall be as shown on the
Salt Lake City Consolidated Fee Schedule.
a.Except as set forth in subsection D3b of this section,the disproportionate cost
fee for a rental dwelling shall be based upon the number of dwelling units located
in the rental dwelling.
b.The disproportionate cost fee for a rental dwelling which is a fraternity,
sorority,rooming,or boarding house shall be based upon the number of rooms
which have been constructed for lodging or sleeping purposes or which are used
for lodging or sleeping purposes.
E. Enhanced Services:It is determined by the city council that municipal services are provided
to businesses within the central business district and the Sugar House business district,as
defined in the zoning ordinance,at a level which exceeds other geographic areas of the city.
No enhanced service fee shall be charged said businesses at the present time.
F. Multiple Rental Dwellings:An owner of multiple rental dwellings or multiple buildings
containing rental dwellings within the city shall be required to pay only one base license fee
for the operation and maintenance of all such rental dwellings plus a disproportionate cost fee
as set forth,respectively,in subsections B and D of this section.
G. Fee For Businesses Located Outside The City:There is levied upon every person engaged in
business in the city,not having a place of business in the city,and not exempt as provided by
section 5.04.040 of this chapter,or its successor section,the same license fee as if such place
of business were located within the corporate limits of Salt Lake City.
H. Renewal Notices:Any notice or renewal reminder provided by the city in connection with
this section may be sent by ordinary mail,addressed to the address of the business as shown
on the records of the city's licensing office,or,if no such address is shown,to such address as
the licensing office is able to ascertain by reasonable effort.Failure of a business to receive
any such notice or reminder shall not release such business from any fee or any penalty,nor
shall such failure operate to extend any time limit set by the provisions of this chapter.
SECTION 4. Chapter 5.14 of the Salt Lake City Code shall be,and hereby is,amended
to read as follows:
Chapter 5.14
RENTAL DWELLINGS
5.14.010:DEFINITIONS:
5.14.020:LICENSE;REQUIRED FOR RENTAL DWELLINGS:
5.14.030:LICENSE;APPLICATION:
5.14.040:LICENSE;FEES:
5.14.050:LICENSE;ISSUANCE RESTRICTIONS:
5.14.060:INVESTIGATION;BY CITY:
5.14.070:INVESTIGATION;BY FIRE DEPARTMENT:
5.14.080:INVESTIGATION;BY BUILDING SERVICES AND CIVIL ENFORCEMENT
DIVISION:
5.14.085:LIMITATION ON SCHEDULED INSPECTIONS:
5.14.090:ISSUANCE OF LICENSE:
5.14.100:EFFECT OF LICENSE ISSUANCE:
5.14.115:ADOPTION OF RULES AND REGULATIONS:
5.14.120:ENFORCEMENT:
5.14.125:HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
DETAILS:
5.14.130:REFUSAL TO PERMIT INSPECTIONS:
5.14.010:DEFINITIONS:
For the purpose of administering and enforcing the provisions of this chapter the following
definitions shall apply:
DWELLING:A building or portion thereof used or designated for residential occupancy and
which includes kitchen and bathroom facilities.The term"dwelling"includes fraternity,sorority,
rooming,and boarding houses,but excludes hotels,motels,bed and breakfast establishments,
and apartment hotels.
NEWLY-CONSTRUCTED BUILDING: A building containing three(3)or more rental
dwellings for which a certificate of occupancy was issued less than four(4)years prior to the
date on which the corresponding application for a rental dwelling business license is submitted.
RENTAL DWELLING:A building or portion of a building that is:
A. Used or designated for use as a dwelling by one or more persons;and
B. 1.Available to be rented,loaned,leased,or hired out for a period of one month or
longer;or
2.Arranged,designed,or built to be rented,loaned,leased,or hired out for a
period of one month or longer.
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
1.An owner of a building or buildings containing one or more rental dwellings is
required to pay only one base business licensing fee for the operation and maintenance of
all such dwellings as provided in subsection 5.04.070F of this title.
2. The City shall not impose any disproportionate fees on any residential unit
within a single structure if:
a. The structure contains no more than four residential units;and
b. The owner of the structure occupies one of the residential units.
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 include the name,address,and information regarding persons
succeeding to the ownership of control of the premises as required under section 5.14.030 of this
chapter,or its successor.If the recipient of the legal or equitable control of any Newly-
Constructed Building previously licensed under these provisions applies for a rental dwelling
business license,then no inspections shall be performed unless the city conducts such inspections
due to cause or complaint.
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
2.Lodging or sleeping rooms,if the dwelling is a fraternity,sorority,boarding,or
rooming house;
C.The name,address,and telephone number 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
F.The signature of the owners of the premises,and the operator if different,agreeing to
comply with applicable ordinances and to authorize inspections as provided in this chapter.
5.14.040:LICENSE;FEES:
The license fee for a rental dwelling business license shall be as shown on the Salt Lake City
Consolidated Fee Schedule,including any applicable disproportionate fee for each rental
dwelling per annum or any portion thereof as provided therein.
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
applicant,owner,and operator agree as a condition precedent,by signing the license application,
to such inspections 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 applicant and/or operator to consent to such inspections shall be
grounds for the denial and/or revocation or the renewal of a regulatory license.
5.14.060:INVESTIGATION;BY CITY:
A. An original application for a rental dwelling business license may be referred for
approval to the departments listed in sections 5.14.070 and 5.14.080 of this chapter,or their
successors.Upon such referral the directors of such departments,or their designees,shall
determine,based on the self-certification provided by an applicant under subsection 5.14.030D
of this chapter and any other relevant information,if an inspection is needed to determine
whether or not the rental dwelling at issue complies with the self-certification standards set forth
in the city's administrative rules. Inspections shall not be performed for single family
residences,duplexes,or Newly-Constructed Buildings unless the city conducts such inspections
due to cause or complaint.
B. The criteria governing scheduled city inspections performed pursuant to this chapter
shall be the self-certification standards set forth in the city's administrative rules.
Notwithstanding the foregoing,the city shall not require an owner of a legal nonconforming
rental dwelling to make physical changes to such dwelling unless the change is for a permissible
purpose as specified in Utah Code§10-9a-511.5 or its successor section.
C. Nothing in this chapter shall be construed to prevent the city from performing
inspections triggered by cause or complaint. The city shall have discretion to determine what
constitutes cause or complaint sufficient to trigger an inspection by the city. An inspection
triggered by either cause or complaint shall be performed pursuant to the criteria and processes
set forth in chapter 18.50 of the Salt Lake City Code.
5.14.070:INVESTIGATION;BY FIRE DEPARTMENT:
An original application for a license for a rental dwelling with three(3)or more dwelling units,
may be referred to the fire department for investigation as to whether or not the rental dwelling at
issue complies with the self-certification standards set forth in the city's administrative rules.
Within a reasonable time after such referral,the fire department shall report to the license office
as to the fitness of the applicant regarding compliance with said standards.Notwithstanding the
foregoing,an initial inspection of a Newly-Constructed Building shall not be performed unless
the city conducts such inspection due to cause or complaint.After a license has been granted,the
fire department shall inspect the licensed premises should the City subsequently have cause to
believe that that the licensed premises no longer comply with the pertinent standards. 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,or the mayor's designee,and take action in
regards to the revocation of the license as the mayor or designee deems just and proper in light of
the facts of the case and applicable provisions of this chapter.
5.14.080:INVESTIGATION;BY BUILDING SERVICES AND CIVIL ENFORCEMENT
DIVISION:
An original application for a license for a rental dwelling with three(3)or more dwelling units,
may be referred to the building services and civil enforcement division for investigation as to
whether or not the rental dwelling at issue complies with the self-certification standards set forth
in the city's administrative rules..Within a reasonable time after such referral,the building
services and civil enforcement division shall report to the license office the fitness of the
applicant regarding compliance with said standards.Notwithstanding the foregoing,an initial
inspection of a Newly-Constructed Building shall not be performed unless the city conducts such
inspection due to cause or complaint.Should the City subsequently have cause to believe that the
premises no longer comply with the aforementioned standards,the building services and civil
enforcement division shall perform an inspection of the licensed premises. If the licensed
premises are not in compliance with the pertinent standards,then the building services and civil
enforcement division shall report such noncompliance to the license office,at which time the
license office shall inform the mayor or the mayor's designee,and take action regarding the
revocation of said license as the mayor or designee deems just and proper in light of the facts of
the case and applicable provisions of this chapter.
5.14.085:LIMITATION ON SCHEDULED INSPECTIONS:
A. Single Family Residences or Duplexes:
I. The city will not inspect a rental dwelling that qualifies as either a single
family residence or a duplex unless such inspection is triggered by cause or complaint.
2. The owner of a rental dwelling that qualifies as either a single family residence
or a duplex will periodically be required to submit a signed representation that the rental
dwelling meets the city's self-certification standards. This signed representation shall be
submitted prior to the city's issuance of the original business license and shall be
submitted every three(3)years thereafter.
B. Rental Dwellings with Three(3)or More Dwelling Units:
1. The city will conduct scheduled inspections of rental dwellings with three(3)
or more dwelling units not more than once every four(4)years. Such scheduled
inspections shall be conducted as follows:
a. The criteria governing the city's inspection shall be confined to the
self-certification standards set forth in the city's administrative rules.
b. The percentage of dwelling units that will be inspected as part of the
scheduled inspection shall be as follows:
i. Three to Ten Unit Buildings—no more than 35%of the
dwelling units.
ii. Eleven to Twenty Unit Buildings—no more than 20%of the
dwelling units
iii. Twenty-one or Greater Unit Buildings—no more than 15%of
the dwelling units
c. If a scheduled inspection of the dwelling units selected for inspection in
accordance with subsection 5.14.085(B)(1)(b)reveals violations of the self-
certification standards,then the city may inspect the remaining dwelling units in
that rental dwelling.
d. The city shall provide rental dwelling owners notice that dwelling units
are to be inspected at least thirty(30)days prior to the inspection date.
2. The owner of a rental dwelling with three(3)or more dwelling units will
periodically be required to submit a signed representation that the rental dwelling meets
the city's self-certification standards. This signed representation shall be submitted prior
to the city's issuance of the original business license and shall be submitted every two(2)
years thereafter.
C. The city may inspect rental dwellings at any time if such inspection is triggered by
cause or complaint.
5.14.090:ISSUANCE OF LICENSE:
The mayor,or the mayor's designee,after receiving any required recommendations from the fire
department and the building services and civil 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.
5.14.100:EFFECT OF LICENSE ISSUANCE:
The issuance of a rental dwelling business license shall not have the effect of changing the legal
status of a rental dwelling,including,but not limited to:
A.Legalizing an illegally created rental dwelling or other circumstance,or
B.Recognizing the existence of a legal nonconforming use,noncomplying structure,or
other nonconformity.
5.14.115:ADOPTION OF RULES AND REGULATIONS:
The license officer may adopt rules and regulations,approved by the mayor,to implement the
provisions of this chapter.Such rules and regulations shall not conflict with this chapter or other
law.
5.14.120:ENFORCEMENT:
A.In addition to any other remedies authorized by law or in this chapter,if the notified
party fails to repair or secure the property in question,the city may pursue any one or more of the
following additional remedies:
1.Notice Of Deficiency:The supervisor of housing enforcement may record with
the Salt Lake County Recorder's Office a notice of any conditions that violate the self-
certification standards set forth in the city's administrative rules.The notice shall be
mailed to all notified parties.
2.Criminal Action:Violations of the provisions of self-certification standards set
forth in the city's administrative rules may be punishable as a class B misdemeanor upon
conviction.
3.Civil Action:Violations of self-certification standards set forth in the city's
administrative rules may also be enforced by injunction,mandamus,abatement,civil
fines or any other appropriate action in law or equity.
B.Civil fines may be imposed according to the following procedures:
1.Notice of Violation:
a.If the housing inspector finds that any provision of this chapter is being
violated,the housing inspector shall provide a written notice to the property
owner and to any other person determined to be responsible for such violation.
The written notice shall indicate the nature of the violation and order the action
necessary to correct it.Additional written notices may be provided at the housing
inspector's discretion.
b.The written notice shall state what action the housing inspector intends
to take if the violation is not corrected.The written notice shall include
information regarding the established warning period for the indicated violations
and shall serve to start any warning periods provided in this chapter.
c.Such written notice issued by the housing inspector shall be deemed
sufficient and complete when served upon the person cited:
(I)Personally by the inspector or his or her representative;or by
mailing,postage prepaid,by certified mail,return receipt requested,
addressed to the person cited at the last known address appearing on the
records of the county recorder;and
(2)By posting notice on the property where said violation(s)
occurs.
d.In cases when delay in enforcement would seriously threaten the
effective enforcement of this chapter,or pose a danger to the public health,safety
or welfare,the housing inspector may seek enforcement without prior written
notice by invoking any of the fines or remedies authorized in this chapter.
e.If the violation remains uncured within five(5)days after the expiration
of the warning period,a second notice of violation shall be delivered by mail,
postage prepaid,addressed to the person cited at the last known address appearing
on the records of the county recorder.The second notice of violation shall identify
the date on which the civil fines shall begin to accrue.
2.Amount Of Fine:Civil fines shall accrue as follows:
a.Violations of the self-certification standards set forth in the city's
administrative rules:fifty dollars($50.00)per violation per day.If more than ten
(10)violations exist,the daily fines shall double.
b.Failure to obey an interpretation,decision or requirement of the housing
advisory and appeals board:Twenty five dollars($25.00)per violation per day.
3.Daily Violations:Each day a violation continues after the citation deadline
shall give rise to a separate civil fine.
4.Compliance:Accumulation of fines for violations,but not the obligation for
payment of fines already accrued,shall stop upon correction of the violation.
5.Recurring Violations:In the case where a violation,which had been corrected,
reoccurs within six(6)months of the initial correction,the city will begin enforcement of
said recurring violation and fines will begin accruing after a ten(10)day warning period.
6.Appeals
a. Appeals Contesting the Existence of a Violation.
(1)Appeals contesting the existence of the violation must be filed
with the Housing Advisory and Appeals Board pursuant to section
5.14.125 of the Salt Lake City Code within thirty(30)days from the date
the original notice of violation was issued.
b. Appeals Contesting the Amount of the Fines Imposed.
(1)The mayor,or his/her designee,shall appoint such hearing
officer as the mayor,or his/her designee,deems appropriate to consider
matters relating to the violation of this chapter.The hearing officer shall
have the authority to hear evidence,reduce or eliminate fine amounts,and
to make such equitable adjustments as he/she deems appropriate.
(2)Any person receiving a notice of violation may appear before a
hearing officer to appeal the amount of the fine imposed.However,no
party may appear before a hearing officer until violations identified have
been corrected and a notice of compliance has been issued.
(3) The hearing officer shall maintain complete and permanent
records of all inspections and decisions
(4) The burden to prove any defense shall be upon the person
raising such defense.
(5) Commencement of any action to remove or reduce fines shall
not relieve the responsibility of any person cited to make payment of
subsequently accrued civil fines nor shall it require the city to reissue any
of the notices required by this chapter
(6)The hearing officer may adjust,reduce or eliminate fines or
create payment plans relating to fines accrued by the person cited.In the
administration of this duty,the hearing officer may reduce or eliminate
fines based upon any circumstance or other equitable consideration the
hearing officer finds to be applicable.In cases where the administrative
process has not been followed by the division,the hearing officer has the
authority to reduce or eliminate fines.
(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 economic development 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.
5.14.125:HOUSING AND ADVISORY APPEALS BOARD APPELLATE PROCESS
DETAILS:
A.Filing Of Appeals:Appeals shall be submitted on an appeal form provided by the
building official.The appellant shall state the specific order or action protested and a statement
of the relief sought,along with the reasons why the order or action should be reversed,modified
or otherwise set aside.
B.Failure To Appeal:Failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the person's right to an appeal.
C.Inspection Of The Premises:Before any hearing is held by a Housing Advisory and
Appeals Board panel,the panel shall inspect the building or premises involved.Prior notice of
such inspection shall be given to the notified party filing the appeal,who may be present at such
inspection.Upon completion of the inspection,the chairperson of the panel shall state for the
record the material facts observed at the inspection,which facts shall be read at the initiation of
the hearing.Failure of the notified party to provide access without good cause as determined by
the building official shall not constitute a reason for the hearing to be postponed and the appeal
may be denied.
D.Written Notice:Written notice of the time and place of panel hearings shall be mailed
to the appellant in accordance with procedures adopted by the Housing Advisory and Appeals
Board.
E.Appeals Hearing:Any notified party may appear personally or authorize a designee to
act in their behalf.The city and any notified party may call and examine witnesses on any
relevant matter,introduce documentary and physical evidence,and cross examine opposing
witnesses.Any relevant evidence shall be admitted.
F.Record:A record of the entire proceeding of all appellate hearings under this section
shall be made by tape recording,or by any other means of permanent recording determined to be
appropriate by the Housing Advisory and Appeals Board.The record shall be retained on file in
accordance with the city's record retention schedule.
5.14.130: REFUSAL TO PERMIT INSPECTIONS:
If a rental dwelling business license holder,or an agent of such business license holder,refuses
to permit the city to conduct an inspection authorized under this chapter,then the city has
adequate grounds to:
A. revoke the rental dwelling business license that corresponds to the rental dwelling at
issue;
B. disqualify the rental dwelling business license holder from participating in the city's
landlord/tenant initiative pursuant to chapter 5.15 of the Salt Lake City Code;and/or
C. pursue any and all other remedies available to the city.
SECTION 5. 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 or otherwise demonstrate to the city's satisfaction
that the owner or agent is an Exempt Landlord under section 5.15.015(C);
3.complete a similar four(4)hour training program every three(3)years after
completion of the initial four(4)hour program;or otherwise demonstrate to the
city's satisfaction that the owner or agent is an Exempt Landlord under section
5.15.015(C);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 6. 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:
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 self-certification standards set forth in the city's
administrative rules and with code provisions applicable to the premises,
including,but not limited to,pertinent building,fire,mechanical,and plumbing
codes;sanitation regulations;snow removal requirements;weed control
requirements;and noise requirements;
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.Indicate the rental dwelling owner can 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 7. 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
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,or the mayor's
designee,by filing a written request for a hearing with the city's business licensing supervisor.
The hearing shall be conducted pursuant to the procedures set forth in sections 5.2.260 and
5.2.90 of this title or their successor sections.
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 8. This ordinance shall become effective immediately upon publication.
Passed by the City Council of Salt Lake City,Utah this 1 St day of farPmhpr 2015.
Z
CHAIRP S
A.f iff4 0
CITY RECORDER
Transmitted to Mayor on December 2, 2015 •
Mayor's Action: X Approv Vetoed.
/ A
MAYOR
CITY RECO
,c crTr'',,
(SEAL) ,14, --' .... '�
S p i APPROVED AS TO FORM
* 1 a f:11' d
wi r•� t Date: !.-� '�
•• OR. Si >v
4,,.\RAffi � Jays Oldr d,Senior City Attomey
Bill No. 65 of 2015.
Published: Deramher 18, 2015.
HB_ATTY-#49512-v2-Rental_Dwelling_Inspection_Ordinance_I I-I8-15.DOC