077 of 1997 - Text Amendment Relating to Administrative Code Amendments0 97-1
0 97-31
SALT LAKE CITY ORDINANCE
No. 77 of 1997
(administrative code amendments)
AN ORDINANCE AMENDING SECTIONS 2.08.050 AND 2.08.080,
AND REPEALING SECTION 2.08.110, SALT LAKE CITY CODE,
PERTAINING TO THE ADMINISTRATIVE ORGANIZATION OF THE CITY
AND AMENDING OTHER SECTIONS OF THE SALT LAKE CITY CODE TO
EFFECTUATE THE CHANGES TO THE ADMINISTRATIVE ORGANIZATION
MADE HEREIN.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Section 2.08.050, Salt Lake City Code,
relating to the Department of Community and Economic
Development be, and the same hereby is, amended to read as
follows:
2.08.050 Department of community and economic development.
A. Functions. The department of community and economic
development shall have charge of and be responsible for:
1. land use planning,
2. business regulation,
3. housing,
4. economic development ,
5. building and housing codes,
6. The supervision of the design and construction of
the public works of the city.
7. Other property or works and the supervision and
coordination and all construction work or alterations
carried out within the public -ways of the city;
B. City Engineer. The position of city engineer shall be
assigned to the department of community and economic
development under the administrative direction of the
director of community and economic development. The city
engineer shall be a registered professional engineer of the
state and shall be responsible for the review, supervision
and acceptance of all engineering and architectural design,
and construction work required by or for the city, except as
assigned in this code to other departments or offices of the
city; the coordination and supervision of all construction
work done within the public rights -of -way of the city; and
the records of public improvements as prescribed by state
statute. The duties may be delegated by the city engineer as
deemed prudent and appropriate; such delegation may include
the utilities department (for recording and maintaining
engineering records relating to the water and sewer systems
2
and its engineering functions) and the department of
airports.
SECTION 2. That Section 2.08.080, Salt Lake City Code,
relating to the Department of public services be, and the
same hereby is, amended to read as follows:
2.08.080 Department of public services.
A. Functions. The department of public services shall
have charge of and be responsible for:
1. The general supervision, maintenance, upkeep and
control of the city's parks, playgrounds, athletic fields,
golf courses, pools and other recreational areas and
facilities;
2. The city's cemetery;
3. Recreational activities;
4. Maintenance and upkeep of shade trees and other
plantings;
5. The operation and maintenance of streets,
parkways, sidewalks, street lighting and similar public ways
and facilities;
6. The collection and disposal of all solid waste
generated within the city as provided for in city
ordinances; and
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7. Maintenance and repair of all ditches, flumes,
culverts or irrigation systems operated within city streets
or rights -of -way.
SECTION 3. That Section 2.08.110, Salt Lake City Code,
relating to the Department of public works be, and the same
hereby is, repealed:
SECTION 4. That Section 2.23.020, Salt Lake City Code,
pertaining to the transportation advisory board be, and the
same hereby is, amended to read as follows:
2.23.020 Definitions.
For the purpose of this chapter the following terms,
phrases, words, and their derivations shall have the meaning
given in this section:
A through F. * * *
G. "Transportation director" means the person
appointed by the director of the department of community and
economic development to serve as the director of the
transportation division within the department of community
and economic development .
H. *
SECTION 5. That Section 3.28.060, Salt Lake City Code,
relating to advisory review committee for professional
4
contracts be, and the same hereby is, amended to read as
follows:
3.28.060 Advisory review committee.
For matters involving professional service fees, except
city council professional consulting and personnel services
contracts as described in Section 3.24.010B4a, anticipated
to be in excess of fifty thousand dollars, an advisory
review committee shall, unless waived by the mayor in
writing, be utilized for consultant, solicitation, screening
and interviews in accordance with the process prescribed
above. The committee shall be advisory to the department
head responsible for implementation of the project under
consideration and shall be comprised of the following:
A. * * *
B. For architect, engineering or construction related
planning services, the director of the department of public
services and the director of community and economic
development or their respective designees. For all other
professional services, two members chosen by the department
head from outside the department with familiarity and
experience in the professional service area outlined in the
request for proposals;
5
C.
D. * * *
SECTION 6. That Chapter 12.64, Salt Lake City Code,
relating to the city permit parking program be, and the same
hereby is, amended to read as follows:
Chapter 12.64 CITY PARKING PERMIT PROGRAM
12.64.010 Purpose.
A.
*
B. This chapter authorizes a program and implementing
procedural system by which residents and businesses within
qualifying areas may receive preferential treatment when
competing with commuter vehicles for available on -street
parking in predominantly residential neighborhoods of the
city. The enactment of a preferential parking permit
program, administered by the director of community and
economic development and implemented and operated by the
city transportation engineer, can address the adverse effect
of motor vehicle congestion caused by the long-term parking
of commuter vehicles within these areas by:
1.
2.
3.
* * *
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4.
5.
*
*
12.64.020 Definitions.
*
A. As used in this chapter:
*
*
"City permit program" means Salt Lake City's permit
parking program, as a whole, administered by the director of
community and economic development and operated by the
transportation engineer pursuant to the provisions and
regulations of this chapter.
*
"Declaration" is the final action taken by the director
of community and economic development setting the
conditions for either approval or denial of the proposed
city permit area.
*
"Program" means and shall refer to the process of
designation, administration and enforcement of all city
parking permit areas and regulations established by the
director of community and economic development pursuant to
the provisions of this chapter.
B. * * *
7
12.64.030 Area designation -Authority.
The director of community and economic development
may, upon recommendation of the transportation engineer, and
pursuant to the provisions hereunder, consider for
designation as a city permit parking area any area which
satisfies the threshold criteria established below. Where he
deems it necessary and appropriate to accomplish the
legislative intent and objectives, the director of community
and economic development may then designate by declaration
any qualified area as an approved city permit parking area
in which motor vehicles displaying a valid area parking
permit may stand or be parked without limitations imposed on
commuter vehicles by the parking regulations in the area.
Such declaration shall also state the applicable parking
regulations and the fees to be charged for permit issuance.
12.64.040 Area designation -Criteria.
A. General Criteria. An area shall be deemed eligible
for consideration as a city permit parking area if the
director of community and economic development determines,
after evaluation of the surveys and traffic studies prepared
at the direction of the transportation engineer, that the
qualified area is adversely affected by commuter vehicles
8
for any extended period(s) during the day or night, on
weekends or holidays.
B. Specific Factors. In determining alleged adverse
affects upon an area, the director of community and economic
development shall analyze and evaluate factors which
include, but are not limited to, the following:
1. * * *
3. * * *
C. Threshold Technical Criteria. The director of
community and economic development may, upon recommendation
of the city transportation engineer, and pursuant to the
provisions hereunder, consider for designation as a city
permit parking area, an area whose streets (or portions
thereof) qualify by satisfying the following eligibility
criteria:
1. * * *
2. * * *
3.
4.
5.
12.64.050 Area designation -Process.
A.
* *
*
*
*
*
9
B. * * *
C. Upon certification by the transportation engineer
that the general and technical threshold criteria set forth
in Section 12.64.040 appear satisfied for a proposed area,
the petitioners shall be notified that they shall have
fifteen days from such notice, to (1) submit a listing of
all addresses within the certified area from the most
current Polk or Coles city directories and (2) submit a
listing from the Salt Lake County assessor's office of each
separate tax parcel/property owner of record thereon within
the certified area. In the interim, a ballot shall be
prepared by the permit parking coordinator for the purpose
of determining whether or not the transportation engineer
should favorably recommend to the director of community and
economic development that the proposed area be created. The
ballot form shall indicate two choices, a "yes" (in favor
of) choice or a "no" (not in favor of) choice for area
permit parking designation. In addition a section allowing
for "comments" shall be on the ballot.
Upon receipt of the area address and tax parcel
listings, the transportation engineer shall direct the
permit parking coordinator, consistent with scheduling
constraints, to mail the ballot to all addresses and
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property owners of record within the area proposed for
designation. The mass mail shall contain the following:
1.
2.
3.
D.
E.
1.
* * *
* * *
2. Should the official ballots received by the
transportation engineer by the deadline date specified to
receive such ballots, when tallied, fall below the required
fifty-one percent or more of residents and businesses
indicating they ARE NOT in favor of establishing permit
parking, it shall be assumed that a majority of residents
and businesses in the area are in favor of permit parking.
The transportation engineer shall then favorably recommend
to the director of community and economic development r the
establishment/creation of the proposed
city permit parking area.
3.
*
F. Upon receipt of the transportation engineer's
favorable recommendation to establish a permit parking
program for the area, the director of community and economic
11
development , as soon as practicable consistent with
scheduling constraints, shall fix a time, date and location
for a public hearing to consider the transportation
engineer's recommendation to designate the proposed area of
city permit parking area where curb parking is restricted or
allowed by permit only. Said hearing shall also be conducted
for comment and analysis to determine the boundaries as well
as the appropriate area rules and regulations, parking
restrictions, issuance of permits, fees and other pertinent
matters.
G. * * *
H. Any interested party shall be entitled to appear
and be heard on the proposal, subject only
to reasonable rules of order that may be established by the
director of community and economic development
12.64.060 Area designation -Director of Community and
Economic Development actions.
A. Within thirty days following the hearing, the
director of community and economic development shall deny
or approve the designation of a city permit parking area as
he deems justified under the objectives and procedures
above. The director of community and economic development
services shall reduce his decision to writing in the form
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of a report that shall be filed with the city recorder,
accompanied by the transportation engineer's recommendation
related to the permit parking area and made available to any
interested party upon request.
B. The community and economic development director's
report shall include:
1 through 7. * * *
C. If the director of community and economic
development approves creation of a city permit parking
area, a declaration of designation shall be prepared as an
administrative regulation establishing the program for the
area, including the boundaries, parking regulations, fees,
and other pertinent matters, for its administration and
implementation. The declaration shall be mailed to each
listed address in the area designated boundaries. The
transportation engineer shall promptly implement the program
pursuant to the schedule. If the director of community and
economic development denies the creation of a city permit
parking area, a notice of such denial shall be mailed to
each listed address in the area designated boundaries.
D. Information generated through the original
designation process and the designation criteria set forth
in this chapter shall also be utilized by the director of
13
community and economic development in determining whether
to remove any particular existing city permit parking area
or portion thereof from designated status and participation
in the program.
E. Action by the director of community and economic
development in creating, deleting or modifying the
boundaries applicable in city parking permit areas under
this chapter, shall be final. However, the city council may
agree to review and to modify such decision(s) by a vote of
at least four of its members.
F. The community and economic development director's
decision shall be stayed by the filing of a written
objection requesting city council review, provided the
objection is filed within fifteen days of the filing of the
report. The objection shall specify grounds upon which
council review is justified. If accepted for review, the
matter shall be scheduled for public hearing before the city
council, with the mailing of ten days' written notice
thereof to the appellant, petitioner of record and the
director of community and economic development . An
objection failing to receive the necessary votes for review
shall be deemed an affirmation of the community and economic
development director's decision.
14
G. Actions by the director of community and economic
development as to the implementation and enforcement shall
be considered administrative matters.
12.64.070 Signs and markings in designated areas.
Upon the declaration of the director of community and
economic development designating a city permit parking
area, the transportation engineer shall cause appropriate
signs, markings and/or meters to be erected in the area,
indicating prominently thereon the parking regulations, the
effective date, and conditions under which permit parking
shall be exempt therefrom.
12.64.080 Parking permit -Application- Term.
*
12.64.090 Parking permit -Fees.
To defray program administration costs, fees associated
with the city parking permit program shall be established by
the declaration of the director of community and economic
development applicable to the city permit parking area.
The fees shall be as follows:
A through D. * * *
12.64.100 Parking permit -Issuance conditions.
A. Parking permits shall be issued by the
transportation engineer's office. Each such permit shall be
15
designed to state or reflect thereon the particular city
permit parking area. No more than one parking permit shall
be issued for each motor vehicle included on the
application. The number of permits available and the manner
for allocating permits between various competing resident
(as opposed to commuter) vehicles, and the manner in which
the process will be administered for each designated area in
the program shall be established by the community and
economic development director's declaration of designation.
B. * * *
C.
*
12.64.110 Parking permit -Display required.
*
12.64.120 Parking permit -Activities permitted.
*
12.64.130 Temporary visitor permits.
Each declaration shall authorize the transportation
engineer to issue temporary visitor parking permits to
residents and businesses located within designated permit
areas for use of their bona fide transient visitors, service
persons, and construction personnel for a limited duration
not to exceed forty-five days. Prior to expiration, a
vehicle bearing a visitor permit shall have all the parking
16
rights, obligations and privileges held by permanent
permits. Appropriate requirements or limitations on visitor
permits, methods and qualification for fees, shall be
recommended in each permit parking area by the
transportation engineer and contained in the community and
economic development director's declaration.
12.64.140 Parking permit -Revocation conditions.
A. * * *
B. Any person aggrieved by such a determination made
by the transportation engineer under subsections A2 and A3
of this section shall have the right to appeal to the
director of community and economic development within seven
days of such determination.
12.64.150 Enlargement of area.
Upon recommendation from the transportation engineer
that the designation criteria and circumstances indicate
that enlargement of an existing permit parking area is
warranted and appropriate, the director of community and
economic development may begin proceedings to enlarge the
area by initiating the following procedure:
A. * * *
B. Such notice shall contain:
17
2. A description of the community and economic
development director's intentions to enlarge the existing
permit parking area.
3. * * *
4. * * *
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The director of community
and economic development shall take into account the
factors justifying the permit parking area expansion in
accordance with subsection C of Section 12.64.040, with the
exception that the requirement stated in subdivision 4 of
said subsection C shall not be considered.
D. Within thirty days of the public hearing the
director of community and economic development shall
approve or deny the proposed permit area enlargement. The
director of community and economic development shall reduce
his decision to writing in the form of a report that shall
be filed with the city recorder and made available to any
interested party upon request. The report shall follow the
format outlined in subsection B of Section 12.64.060.
E. * * *
18
12.64.160 Removal of area designation or deletion of
streets.
Upon recommendation from the transportation engineer
that the designation criteria and circumstances indicate
that removal of permit designation from an entire permit
parking area is warranted and appropriate, the director of
community and economic development may begin proceedings to
delete a permit parking area or selected streets of a permit
parking area by initiating the following procedure:
A. * * *
B. Such notice shall contain:
1. * * *
2. A description of the community and economic
development director's intention to remove from designation
a permit parking area or to delete certain streets (or
portions thereof) from an existing permit parking area.
3. * * *
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The director of community
and economic development shall take into account the
factors justifying the proposed removal of area permit
parking designation or the proposed deletion of certain
19
streets (or portions thereof) from an existing permit
parking area.
D. Within thirty days of the public hearing the
director of community and economic development shall
approve or deny the proposed removal from permit designation
of an entire permit parking area or the proposed deletion of
certain streets (or portions thereof) from an existing
permit parking area. The director of community and economic
development shall reduce his decision in writing in the
form of a report that shall be filed with the city recorder
and made available to any interested party upon request. The
community and economic development director's report shall
include:
1 through 5. * * *
E.
*
12.64.170 Modification of regulations.
Upon recommendation from the transportation engineer
that circumstances warrant modification to regulations or
restrictions governing an existing permit parking area the
director of community and economic development may begin
proceedings to make such modifications by initiating the
following procedure:
20
A.
B. Such notice shall contain:
1. * * *
2. A description of the community and economic
development director's proposed modifications to the
existing permit parking area.
3. * * *
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The director of community
and economic development shall take into account the
factors justifying the proposed modifications/changes to
rules, regulations and/or restrictions governing the
existing parking permit area.
D. Within thirty days of the public hearing the
director of community and economic development shall
approve or deny the proposed modification(s) to the permit
area. Should the modification(s) be approved, the
transportation engineer shall be directed to implement the
change(s as soon as is practicable, consistent with
scheduling constraints. The permit area declaration of
designation shall also be amended to reflect the new,
approved modification(s) to the area rules, regulations
and/or restrictions.
21
12.64.180 Unlawful activities -Penalty.
*
SECTION 7. That Section 14.32.101, Salt Lake City
Code, pertaining to construction permits be, and the same
hereby is, amended to read as follows:
14.32.101 Permit -Application requirements.
A.
B.
C.
D.
E.
* * *
F. The disapproval or denial of an application by the
engineer may be appealed by the applicant to the director of
community and economic development by the filing of a
written notice of appeal within ten days of the action of
the city engineer.
The director of community and economic development
shall hear such appeal, if written request therefor be
timely filed as soon as practicable, and render his/her
decision within two weeks following notice of such appeal.
G. * * *
22
H.
I.
*
SECTION 8. That Section 14.32.183, Salt Lake City
Code, relating to appeal of a stop order be, and the same
hereby is, amended to read as follows:
14.32.183 Appeal of suspension, revocation, or stop order.
Any suspension or revocation or stop order by the
engineer may be appealed by the permittee to the director of
community and economic development by filing a written
notice of appeal within ten days of the action of the
engineer. The director of community and economic services
shall hear such appeal, if written request therefor be
timely filed, as soon as practicable, and render his/her
decision within a reasonable time following filing of notice
of appeal.
SECTION 9. That Section 14.40.020, Salt Lake City
Code, relating to permits for utility poles be, and the same
hereby is, amended to read as follows:
14.40.020. Permit - Issuance only to franchise holder.
No permit for the erection or maintenance of any
telegraph, telephone, electric light, street railroad,
electric railroad or other poles in any of the streets of
the city shall be issued to any person, unless such person
23
is a holder of a franchise from the city, granting certain
specified and privileged uses of such streets; provided,
that a copy of such franchise shall be placed on file with
the director of community and economic development for
his/her guidance, and provided that nothing in this section
shall be construed to authorize the erection of any pole
without a permit from the director of community and economic
development .
SECTION 10. That Section 14.40. 030, Salt Lake City
Code, pertaining to permit applications be, and the same
hereby is, amended to read as follows:
14.40.030. Permit - Application and fee.
All applications for permits to erect poles must be in
writing addressed to the director of community and economic
development , must be signed by the person desiring to erect
the poles therein specified, must state the place or places
where it is desired to erect poles, and must be accompanied
by a fee of one dollar and fifty cents for each pole,
permission to erect which is applied for. Such application
must be left with the director of community and economic
development and be filed in his/her office.
SECTION 11. That Section 14.40.060, Salt Lake City
Code, pertaining to poles be, and the same hereby is,
24
amended to read as follows:
14.40.060. Center -of -street poles.
It is unlawful for any person to erect poles of any
character for any purpose in the center of any street in the
city, except upon plans and specifications submitted to and
approved by the director of community and economic
development .
SECTION 12. That Section 14.40.070, Salt Lake City
Code, relating to pole appearance be, and the same hereby
is, amended to read as follows:
14.40.070. Pole appearance and designation.
It is unlawful for any person to erect or maintain any
pole or poles in any street of the city, unless such pole,
if wooden, is peeled and neatly trimmed of knots, presenting
a smooth appearance, and, whether wooden or steel, painted
with a color approved by the director of community and
economic development . The name of the corporation erecting
or maintaining such pole or poles shall also be designated
on the pole or poles in a manner approved by the director of
community and economic development .
SECTION 13. That Section 14.40.080, Salt Lake City
Code, relating to wires be, and the same hereby is, amended
to read as follows:
25
14.40.080. Wires - Height and distance specifications.
A.
*
B. It is likewise unlawful for any person to attach
wires thereon used for a different purpose at a distance of
less than three feet from wires previously attached;
provided, that this section shall not be construed to
prevent any person already having wires attached to a pole
from attaching additional wires at a distance of less than
three feet, nor from preventing any person, when authorized
or directed by the director of community and economic
development , from attaching wires to poles at a distance of
less than three feet from existing wires when the new wires
and the existing wires are used for similar currents;
provided, further, that when directed by the director of
community and economic development , for the purpose of
crossing other wires or other obstructions, the heights and
distance of wires may be varied.
SECTION 14. That Section 14.40.100, Salt Lake City
Code, relating to poles not interfering be, and the same
hereby is, amended to read as follows:
14.40.100. Poles not to interfere with other utilities.
It is unlawful for any person to erect or to cause to
be erected any pole or poles in any street when the erecting
26
thereof will in any manner interfere with any sewer
connection, gas or water main or pipe, or which will in any
way interfere with the free use of said streets, and the
director of community and economic development is
prohibited from granting any permit for the erection of
poles, the setting of which will in any manner violate this
section.
SECTION 15. That Section 14.44.010, Salt Lake City
Code, pertaining to tracks be, and the same hereby is,
amended to read as follows:
14.44.010. Tracks to conform to grade - Exception.
All railroad companies shall make their railroad tracks
conform to what is, or may hereafter be, the established
grade to the street or place through which their railroads
pass, and no company shall have the right to take up,
remove, carry away, or cause or permit to be taken up,
removed or carried away, any rock, gravel, earth or other
material from any street or public place for any purpose,
except by permission of the mayor, and under the direction
of the director of community and economic development .
SECTION 16. That Section 14.44.060, Salt Lake City
Code, pertaining to protection of streets be, and the same
hereby is, amended to read as follows:
27
14.44.060. Protection of streets and drainage facilities.
It is unlawful for any person to construct a railroad
within the limits of the city without complying with the
following provisions:
A. * * *
B. All construction, alteration and repairs must be
done under the supervision of the director of community and
economic development and shall be subject to the approval
of the mayor.
SECTION 17. That Section 21A.58.060, Salt Lake City
Code, pertaining to site plan applications be, and the same
hereby is, amended to read as follows:
21A.58.060 Application requirements.
Each application for site plan review shall include six
copies of a site plan, drawn to a scale of twenty feet to
the inch (20 feet = 1 inch) or such other scale as the
zoning administrator shall deem appropriate. Plans shall be
submitted with every application for site plan approval and
shall contain the following information:
A through H. * * *
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
28
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 economic
development and/or department of public utilities;
J through T. * * *
SECTION 18. That Section 21A.58.080, Salt Lake City
Code, pertaining to procedures for site plan review be, and
the same hereby is, amended to read as follows:
21A.58.080
A.
B.
Procedures for site plan review.
*
*
C. Submission of Final Site Plan, Landscape Plan and
Other Plans —Review and Approval.
1 through 7. *
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 of the total construction costs of the project
to cover the costs of any defects which may occur in such
improvements within two years after the date of acceptance
by the city. The director of community and economic
29
development or director of public utilities or other city
official shall be responsible for determining when such
financial security shall be required.
SECTION 19. This ordinance shall take effect
immediately upon the date of its first publication.
30
Passed by the City Council of Salt Lake City, Utah this
18th day of November
ATTEST:
CH EF DE'U ITY RE
, 1997.
CHAIRPERSON
Transmitted to Mayor on November 18, 1997
Mayor's Action: XX Approved.
MAYOR
. 77 of 1997.
Published: NpV. 26, 1997 •
ATTEST: :
\ORDINA97\administrative code ordinance - clean.doc
Nell
Vetoed.
A°DRovE0 AS TO FORm
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31