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070 of 1994 - Roominghouses, Boardinghouses, and Residential Treatment Facilities Definitions and License Requirem0 94-1 0 94-18 SALT LAKE CITY ORDINANCE No. 70 of 1994 (Roominghouses, Boardinghouses, and Residential Treatment Facilities Definitions and License Requirements) AN ORDINANCE AMENDING SECTIONS 5.56.010, 5.56.020, 5.56.030, 5.56.040, 5.56.050, 5.56.060, 5.56.070, AND 5.56.080, SALT LAKE CITY CODE, RELATING TO ROOMINGHOUSE, BOARDINGHOUSE, AND RESIDENTIAL TREATMENT FACILITY DEFINITIONS, LICENSE APPLICATION AND FEE REQUIREMENTS, AND INVESTIGATIONS AND RECOMMENDATIONS BY CHIEF OF POLICE, HEALTH DEPARTMENT, AND FIRE DEPARTMENT; DELETING SECTION 5.56.090; AND ADDING SECTIONS 5.56.075 AND 5.56.105, RELATING TO INVESTIGATION BY BUILDING OFFICIAL AND PENALTIES FOR VIOLATION. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5.56.010, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.010 Definitions. * * * B. * * * C. "Residential treatment facility" means a living facility for the training or education of the developmentally disabled or for rehabilitation or treatment of persons under the supervision of a state agency or state regulated and licensed operator. SECTION 2. That Section 5.56.020, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.020 License --Required. It is unlawful for any person to keep, conduct, operate or maintain any roominghouse, boardinghouse, or residential treatment facility within the limits of the city without first obtaining a license to do so. SECTION 3. That Section 5.56.030, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.030 License --Application. Application for a roominghouse, boardinghouse, or residential treatment facility license shall be made to the license supervisor of the city and shall contain the following information under oath: A. * * * B. The number of rooms contained in such facility; C. The number of persons which such facility will accommodate with sleeping rooms and, if board is available, with board with or without sleeping rooms. SECTION 4. That Section 5.56.040, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.040 License --Fee. The license fee for roominghouses, boardinghouses, and for - profit residential treatment facilities 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, at the rate of $10.00 for each room per year, or a portion thereof. The license fee for a Residential Treatment Facility which has been granted tax-exempt status under Section 2 501(c)(3) of the Internal Revenue Code, or its successor, shall be thirty dollars per year for each separate structure, or any portion thereof. SECTION 5. That Section 5.56.050, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.050 Investigation --By chief of police. The original application for a roominghouse, boardinghouse, or residential treatment facility license shall be referred to the chief of police, who shall investigate such application and within thirty days report to the license office whether or not the place is or has been conducted in a quiet, lawful and peaceable manner, and as to any other matters in regard to which the license office should be informed, with the recommendation of the chief of police as to granting or denying such application for a license. SECTION 6. That Section 5.56.060, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.060 Investigation --By health department. The original application for a roominghouse, boardinghouse, or residential treatment facility license shall be referred to the health department for investigation as to whether or not the requirements of the regulations of the city -county health department have been complied with. The health department shall report to the license office within thirty days as to the fitness of the applicant regarding compliance with such regulations, and it shall further be the duty of the health department, after a license has been granted, to continually examine and inspect such 3 place licensed in regard to the matters hereinbefore stated. Should it subsequently appear that any said regulation or requirement is being violated, such fact shall be at once reported to the license office, at which time such office shall take action in regards to the granting or denying of such application for a license or in regard to the revocation of an existing license as the license supervisor deems just and proper. SECTION 7. That Section 5.56.070, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.56.070 Investigation --By fire department. The original application for a roominghouse or boardinghouse license shall be referred to the fire department for investigation as to whether or not all laws, ordinances and regulations pertaining to fire protection and fire prevention have and are being complied with. The fire department shall report to the license office within thirty days as to the fitness of the applicant regarding compliance with such laws and ordinances, and it shall further be the duty of the fire department, after a license has been granted, to continually examine and inspect such place of business in regard to the matters hereinbefore stated. Should it subsequently appear that any law or ordinance relating to fire prevention or protection is being violated, such fact shall be at once reported to the license office, at which time such office shall take action in regards to the granting or denying of such application for a license or in regard to the revocation of an existing license as the license supervisor deems just and proper. 4 SECTION 8. That Section 5.56.075, Salt Lake City Code, be, and the same hereby is, added to read as follows: 5.56.075 Investigation --By building official. The original application for a roominghouse or boardinghouse license shall be referred to the building official for investigation as to whether or not all laws, ordinances and regulations of the city, including but not limited to those pertaining to the City's housing ordinance, Uniform Building Code and Uniform Code for the Abatement of Dangerous Buildings, as adopted and amended in title 18 of this code, or its successor title, are being complied with. The building official shall report to the license office within thirty days as to the fitness of the applicant regarding compliance with such laws and ordinances, and it shall further be the duty of the building and housing department, after a license has been granted, to continually examine and inspect such place of business in regard to the matters hereinbefore stated. Should it subsequently appear that any ordinance, regulation or requirement of the city is being violated, such fact shall at once be reported to the license office, at which time such office shall take action in regards to the granting or denying of such application for a license or in regard to the revocation of an existing license as the license supervisor deems just and proper. SECTION 9. That Section 4.46.080, Salt Lake City Code, be, and the same hereby is amended to read as follows: 5.56.080 License --Issuance conditions. The license supervisor, after receiving a recommendation of the chief of police, the building official, the health department 5 and the fire department, shall act upon the application in respect to granting or denying the same as he or she shall deem just and proper. SECTION 10. That Section 5.56.090, Salt Lake City Code, be, and the same hereby is, repealed. SECTION 11. That Section 5.56.105, Salt Lake City Code, be, and the same hereby is, added to read as follows: 5.56.105 Violation --Penalty. Notwithstanding any other provision in this chapter, any person or party who violates any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof may be punishable as set out in section 1.12.050 of this code, or its successor. Further, any roominghouse, boardinghouse, or residential treatment facility being occupied without an approved business license shall be subject to closure, to be enforced in accordance with appropriate legal proceedings. SECTION 12. EFFECTIVE DATE. This ordinance shall become effective upon the date of its first publication hereof. Passed by the City Council of Salt Lake City, Utah, this 2nd day of ATTEST: August , 1994. CHAIRPERSON APPROVED AS TO FORM Salt Lake ,City Attorney's Office Y et 6 Transmitted to the Mayor on August 9, 1994 Mayor's Action: XX Approved. 4 Vetoed. ATTEST: “Obss (V$¢ Bill o. 70 of 1994. Published: August 17, 1994 LVS:rc 7/26/94 YOR G:\0rdina93\RoomH-2.FIN 7