008 of 1983 - Amendment to Ordinance NO 65 of 1982 - Replacement of defective concrete MICROFILMED
Salt Lake City, Utah
February 15 , 1983
A regular meeting of the City Council of Salt Lake
City, Salt Lake County, Utah, was held on February 15 , 1983 ,
at the hour of 6 :00 p.m. at its regular meeting place of
said Council , at which meeting there was present and
answering to roll call the following members who constituted
a quorum:
Grant Mabey Chairman
Ronald J. Whitehead Councilmember
Sydney Reed Fonnesbeck Councilmember
Palmer A. DePaulis Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Also present :
Ted L. Wilson Mayor
Albert Haines Director of Finance &
Administrative Service
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent :
Thereupon the following proceedings , among others , were
duly had and taken:
The City Council considered the proposed Ordinance No.
of 1983, which amends Salt Lake City Ordinance No. 65 of
1982 pertaining to the replacement of defective concrete.
The Council also considered the findings and recommendations
of the Assistant Planning Director of the Salt Lake City
Planning and Zoning Division, and asked that the letter of
February 2, 1983 be made a part of the minutes of this
meeting by filing the letter in the office of the City
Recorder.
The findings and recommendations indicate substantially
greater benefits to and increased costs for improvements to
properties used for purposes other than as residences.
Based on these findings and other facts, the City
Council determined that the difference in resulting benefits
and actual costs of replacement for improvements to
properties used for purposes other than as residences
necessitated the Amendment to Salt Lake City Ordinance No.
65.
Thereupon, Councilmember Shearer made a motion to adopt
ordinance No. 8 of 1983 which amends Salt Lake City
Ordinance No. 65 of 1982.
Councilmember Whitehead seconded the motion to adopt
said amendment. The Ordinance was thereupon put to a vote
and unanimously adopted on the following recorded vote:
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AYE: Grant Mabey
Ronald J. Whitehead
Sydney Reed Fonnesbeck
Palmer A. DePaulis
Alice Shearer
Ione M. Davis
Edward W. Parker
NAY: None
The ordinance reads as follows :
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ORDINANCE NO. 8 OF 1983
AN ORDINANCE amending Chapter 2 of Title 38 of the
revised ordinances of Salt Lake City, Utah, 1965
as amended by Ordinance No . 65 of 1982, relating
to repairs and replacement of sidewalks and curb
and gutters .
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY,
SALT LAKE COUNTY, UTAH:
Section 1. That Salt Lake City Ordinance No. 65 of
1982 pertaining to repairs and replacement of sidewalks and
curb and gutters is hereby amended by the repeal thereof and
the adoption in its place of Sections 1 through 8 inclusive
so that Chapter 2 of Title 38 of the Revised Ordinances of
Salt Lake City , Utah, shall read as follows :
Sections :
38-2- 1. Purpose , benefit 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 , benefit and definitions .
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(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 safe useable condition. To this end it is deemed the
responsibility of owners to notify the City of any defective
concrete , existing at their property and upon replacement of
the defective concrete, to pay an amount equal to the
resulting benefit to the improved property.
(2) Benefit . It is hereby found and determined that
the replacement of defective concrete will result in an
improvement benefiting the adjoining property in the amount
of fifty percent (50%) of the total replacement cost in the
case of property used as a residence or residences and one
hundred percent (100%) of the total replacement cost in the
case of property used as multiple dwelling units , an
apartment house, a business or for any purpose other than as
a residence. The difference in resulting benefits as
compared to the cost of replacement is based upon a finding
of the City Council of factors indicating substantially
greater benefits to properties used for purposes other than
as residences .
(3) Definitions . For the purposes of this chapter
the following terms , phrases and words shall have the
meanings given herein:
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(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
appurtenances contiguous to sections which are in
a condition as defined in (a) or (b) above show
similar signs of deterioration to such an extent
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that they can reasonably 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 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
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conducted, except such home occupations 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 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 .
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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, 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. Election by the owner to proceed
under this subsection (1) shall be entirely voluntary on the
part of the owner and the replacement costs paid by the
owner shall not be deemed to be an assessment by the City.
(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 fifty percent (50%) of the cost
thereof in advance and the City shall pay the remaining
fifty percent (50%) of the cost of replacement , said amount
being equal to the resulting benefit to the property. In
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such case, the City shall make the replacement or employ a
contractor to make same, subject to the availability of
funds .
(3 ) For replacement made to defective concrete
adjacent to an apartment house, business , multiple dwelling
units and any other case other than a residence, the owner
of the adjacent property shall pay one hundred percent
(100%) of the total cost of such replacement , said amount
being equal to the resulting benefit to the property. 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 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 preceding section.
(4) 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.
(5) In the event said owner refuses to or does not
notify the City Engineer as to the option elected by the
owner for the necessary replacement , or if the owner submits
a written request to have his or her property included in a
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special improvement district , 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. The
assessment of the owner' s portion of the total replacement
cost shall be equal to the benefit received by the owner in
accordance with the provisions of Subsections (2) and (3 ) of
this Section. 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.
(6) 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 abatement , as provided in Section 38-2-8 of this
chapter, for the City to pay all or a portion of said cost .
Prior to making any abatement in excess of fifty percent
(50%) in the case of a residence, the Mayor must first
establish a written executive policy concerning what
percentage the City will pay.
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
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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 . Abatement of Assessment . Assessments
shall be equal and uniform according to the benefits
received; however, 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
may be paid by the City, subject to the availability of
funds . Such owner must file an application therefor with
the City, in order for payments required by Section 38-2-5
of these revised ordinances to be abated. 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.
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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 15th day of February, 1983 .
f
CHAIRMAN
i
ATTEST!
i
C T RECORDER
Transmitted to the Mayor o
Mayor' s Action`" ��� '
f/
MAYOR
ATTEST:
I RECORDER
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After conduct of other business not pertinent to the
above, on motion duly made, seconded and carried, the
meeting was adjourned.
Chairma
ATTEST:
e�
CiRecorderlu
d�
( S E A L )
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STATE OF UTAH )
ss .
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly appointed, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah do hereby certify as follows :
That the foregoing pages constitute a full , true and
correct copy of the record of the proceedings of the City
Council of Salt Lake City, Utah, at its regular meeting held
on February 15 , 1983 insofar as said proceedings relate to
Ordinance No . 8 of 1983 as the same appears of record in my
office. I personally attended said meeting and the
proceedings were in fact held as specified in said minutes .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City as of this ,/5 t"; day
of 1983 .
6Z
ty Recorder
( S E A L )
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CERTIFICATE OF COMPLIANCE WITH RESPECT TO THE
ANNUAL PUBLIC NOTICE OF REGULAR MEETING SCHEDULE
I , Kathryn Marshall, the duly qualified City Recorder
of the City of Salt Lake City , Salt Lake County , Utah , do
hereby certify that pursuant to Utah Code Annotated Section
52-4-6 (1953) as amended, that there was posted (at least
once during the calendar year 1983) at the principal office
of the City Council , public notice of the annual regular
meeting schedule for 1983 , with the date , time , and place of
such meetings . I further certify that public notice of the
annual regular meeting schedule for 1983 , with the date ,
time and place of such meetings was delivered to a local
media correspondent , or to a newspaper of general
circulation at least once during the calendar year 1983 .
The delivery was accomplished by placement of copies of the
Notice in the City' s press room, where they were picked up
by media correspondents.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Municipality this �� ay
of February, 1983 .
ity Recorder
( S E A L
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w
Y
CERTIFICATE OF COMPLIANCE WITH RESPECT
TO PUBLIC NOTICE OF EACH MEETING
I, Kathryn Marshall, the duly qualified City Recorder
of the City of Salt Lake City , Salt Lake County , Utah , do
hereby certify that pursuant to Utah Code Annotated Section
52-4-6 (1953) as amended, there was posted (at least
twenty-four (24) hours prior to tho meeting time) at the
principal office of the City Council , written notice of the
regular meeting of the City Council held oil
1983 , at the regular meeting place . The written notice
contained the agenda, date , time and place of the regular
meeting. I further certify that Notice of Regular Meeting
was delivered to a local news media, or to a newspaper of
general circulation at least twenty-four (24) hours prior to
said meeting. The delivery was accomplished by placement of
copies of the Notice in the City' s press room, where they
were picked up by media correspondents.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Municipality this /,5— lay
of February , 1983 .
/City Recorder
( S E A L
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nf)M 3":A
Affidavit of Publication
STATE OF UTAH,
County of Salt Lake Ss.
ORDINANCE W.a OF IT
AN ORDINANCE amending Chapter x of Title M or the Debra Miller
revised«dirarces of Salt Lake City,Utah, 1965 as ..................... ................................................................................
anerded ley Ordinance No.65 of loex,relating to repairs
m replacement of sidewalks and curb and comers.
BE IT pRDAI NED BY THE CITY COUNCIL OF SALT LAKE
Cf N,SALT LAKE COUNTY,UTAH:
Section 1.That Salt Lake City Ordinance No.65 of—per- Beim first duly sworn deposes and says that he is legal
tainira to repairs and eulacern nit a sidewalks and curb am g
T"Ynn 1HPIw amended by the repeal thereof and The adoption advertising g
Wade a Secr ma f thrown a ieclu iye x mat enapeer z o+ g clerk of the DESERET NEWS, a daily
Title Y of the Revised Ordinanxes of Salt Lake City,Utah shallexcept Sunday) newspaper octi_a'° Yprinted in the English
secaore: ]anguage with general circulation in Utah, and
ax-t. p«rose,lenefitamawnnniorns.
or mvners and tenamsto nor�N atv of
3e-2-3. Defectiveean oteclIsc—redwCitY published in Salt Lake City, Salt Lake County, in the
�2_5. Notice ofteety rsce State Of Utah.
Ma%-za. waverer r¢p� them rcouir¢nrx.•m.
Cae-xa. ordinaryepa
.Sm. ExePurcusrom� t. That the legal notice of which a copy is attached hereto
.((1)Purraaose Thisrtitle 1,ereclM for the iourww.1.,emetins,
the MAIM,sorely and welfaro of the inhabitanss M1 Salt"I,City
,by keepira sidewalks,and awrlenances as drive ai,
wonkdnesi,parkilw baps am curb and unite,in to useable oaf. Pub.. Ordinance No. 8 of 1983
differ.To this end it is deemed!the respamibility of owners to ...._................................. ......................................................................
natfs',he City of env defecfve concrete,existing at then proper
fW ifnd upon replacrrtent or the defective cone rere,ro pap an
a{,PwnteWal•Iothe reselfiwbarefit tothe I,oc"' nrnI."
(x1 d.It Is MeM found and determire0 that dse re .......................................................................................aCaeemenf a delectivo concrete will result in an improvement ........................
b¢¢rr¢pff"tire tM ad101nilq properly in the an+gUnr of fifty percent
lSVk)of the,total replacement cost in the cox of Property used
as a resdxnoa a residences and One hundred percent(IN%1 0l ...............................................................................................................
the total regecanart cost in the case of orgoo used as mulri-
d'aellofl�ha/ntlun as apartment house,
Ellis sercesl�rfesulllno
SEE:
rarnparM Io me cast a replacement is based upon a
fi Irq a tllw CRY CpAell of lectors imica,ilw substantially ..........
weater bprLaits t0 prOOertlps usM}«i'di_,Omer than as ......................................................................................
residences.
'ter rtiA,,Phr Win
axi'.as dw«Os shalcim.For the l hdesMe tmeanink,suivoertetn herlenino
fw dal AOartinent hats,."AOartrte not tease"shall mean a Wild. ...............................................................................................................
C.anprisiw four«more dwellig units designed for separate
awxkeepira reranrenn. ,
lb)Appuifenances.""ourtenames"shall mean drive so- published in '
preace,,ehrk,NWYeamcurbamgurt«. Was P said newspaper on.
(cl Business."Business"Null mean any place in salt Lake '"""'""""""
City in which there is carntlucfm or corr,ed o pally or ex
n«ieci
dus ly am pursuit or accuuitim for me Wrpose of gamiw a
�r PPd. ...............Peb.....24,..1.9.33.
',rd) Defective concr,le. "Defective cote"snail mean .........................................`
•error my of tlw followlrng c«ditimis exist within the pubs¢way ......................•.
(If 1'he sidewalk sections appurtonancee have
separated end raised or del*essed Ie a mint that tine ,( -
S •section or even a parr of a section is elevated ..........................................+' -i
n _ or ac .........i..:....rM1..........;�..�..: .
......
i' blessed a,losd elk
l 1)incha0ovnanceshave ..........:...............
6 wherelgraterdthsocionankIII,ppor`eem m the°eaa.tared orb Legal Advertising Clerk
F a ar paredbe sections of Sidw causer aca ano kets,
nY dvcontain,holes or
Ik
are ware to become antra
comi3owust sect os,which are in a condition as defies re ire this 3rd
such)(a)«(bI above show similar signs of deterioration to ..................................................................................day of
such an axiom that fheY car reasonadv W"'n"Id as
Aare Of the overall defective areas«which must be re-
wad to effect a orener correction of ft dnfecbve ec- ....A.D.19.......83
y When any a tho f' to mirww ez t.Ihe r
`'WacrasaI r aired shelf c tiitute xtra«drn le
le)In erne ownership."In one ownership"shall mean when
talfC^S._I:son b 0corer of two or more lots or rrads of law
Ut tloigh such person may own them wnittlY with dissimilar
0e%nisi.
a,tour
orM.M a de doe units.Is dosishr dwelling units"gull
keoui(our«more howl lbw unite d re.s I«separate 1. `
kM.1,n aceirms wren such units are so its are,c not to con- '"" "�'-
same en apartmem house,when such units are located on the
..............................
sMla«text of lam,or m two or m«¢Its or+roan of Ia,fa, Notary Public
tOn are conmcfixf and inore ownership. _
.(pl oymer.^o e"snail m n rfe cer r persons whe I '
are, (r f real urt%rolde am clmtrheoet ty or is(or,)the
wr(n)Residences."Residences"shall mean Wildirnps or,wen_
. ne s co nprisinq not more than three dwelling units designm for
k rvt conducted, ag"cost suchnts and hwne occIevulons I, cillowes of d
and defined in the zuniw«dlna co,,of Salt lake City.
Ail section. 'SZko"shall mean a portion of me concrete
wflidl is set apart W expansion iotnls.
sec.ge-x-x.DatY of owners am Tenants to notiN City of defec
liye concrete.Anv person owni.real«oPorty in salt Lakw CdY
1hC12ily tErgiti of real
()hem I facoperly in t mat anyake Cldetectve concrete .....
,wish in front of or aI—the side of the property owned or Pccu-
,ied by yid awn:,ortenam.
yar$Iet.M-x-g.Defective concrele,discovered by City.In Ina
City shall havei 1.
he right Ito givevnoiice to the,owner of IM
adle,som preOeri,the same as i,reparted by the owner or lenent.
Sec.aa-x-a.Notice to replace.M enever the CiN receives
ec"
flCk•ot a Y detective con ate as provided in Section 1-sera
these R ised O di tic discovers same as Provided Sec
tiM,38-xJ a These Re"sseed«Ordirueces and City deems that such
corcrele is defective,VI must W replaced.Upon such dei—mo-
IioR by foe CRY.if shall roriN the property owner whose property is adiacenI to fhe detective concrete where such ret lacemeot is
mated that the owner shall have fhe options«ovlhd in Section
3&2s a then Revlsed Ordinances for fine mama O(renlacamom.
Said ratite shall also set forth The cost of replacement to Inc
ovimr in the event such replacement is made by me City or by a
rnrnh'acl«amaoved by the Citv.
Sec wax-5. .Color.
co.t m ,•na'rs.roar nonce i.g in
as specxi¢d seca,.1-.1 I,mesP ixevrma ordln.,a�s.iw
re'Riceme.a any le,etitive iarcncle„my bea
nI n no m',se,r.Ih rid tin, II'- tu-paid as
ids herein iPF
tU b
ampenrdrensent must oe done a«aairq`+tciiy)sr; t'.�:;na;•�rm
.1"I'a tlon and approval of the City Engine::n,mlv If',obtain
,.the required permit,,,nd-.hall t,r ithin 30 calendar
days of receipt a the-1—Provided for in;I,Wc suilq sachem.
Replacement made under this wbseclion(1)shall W at the sole
ucorc5f�rand¢zpenu of the owner.Election by its weer to proceed
un N»owns its mold'eme�rd cosiIsl paid bvgthe ownte�r y»III
col to deemed to be an assessment by tie City.
,(2)If fhe Wlxmt property is
residence,the-no,m
agr9e in writing,upon hums a0provedby the City Attorney',of
Y
tic#,,to pay llfty I»rcanl(50°vl of its cost IhenA(In ad.—and
the GiN shall pay the renainirg fits percent(50%)of 1M cost a
redacement,said
amount beirw equal to the rewllioo benefit to
fife,Moperly.In such case,the ON shall make t
m he replacement
or eploy a cmirxlor to make same,subject to the availability
of funds.
(3)For replacement made to defective concrete adiacenf to
a partmem house.business,multiple dwelling units and any
oir»r case otter man a resider.,the owner of the adjacent orau-
suIY stall pay are honored pennant(1 )of its total Coat a
tlt redxm»nf,sapm aoun bei t ng equal to the resulfine bene-
fit to the property Such replacement may lane a Pushed,at
the,dpiion of the owner,by a contractor—Ploved by the owner
by Ind Cliy,YIf tlme bvhe cocitMrxto shooloved by thelovmer such
DI.—In most be done a-11,to City specifications,to the
safislactlm and Is Moval of the CiN Erpineer.It shall be done
only after oblainirg the required permit and conwlefed within 30
-..r day weafhler permithre,of r—W of notice Provided
for in Al.Mac¢tlin xclion
can .
fig)The er must notify Ite City Cram er,within seven(i)
cdleldlar tlaYs a remid a the roh.Movided 1M in me Meted
ing SKtim,under whits option said parer wishes to proceed.
IS)In 1.event said gown.causes to or does rot notify the
,E.ineer as to Ind option eIe fad by the pxner for me nec¢s-
sary rcolaremern.M if Ind o r submits a written rmuest to
have his or her—N inclWed in a spzcIal enowwroonl cis-
"w"the City thou then create a special improvement district for
the pantos.of makilq No required replacement after said dis
Itmcf is ueafed and mew assessment m the property in
cant.with Section 1015-1 of seq.,Well Code Ann. $953,c as
nmended.The asses meal of the o w er's Portion of the total re
larement cost shall be moat to the benefit received by me owner
thencode.with the provisions of Sub—tiom(2)and(3)a
is Sectim.Such a ent shall he designated hV the.,di-
-fine he special glerovernenl district to be paid ov the
frr of the property per assessed over a iod of five(s)yea
om lie effective dare of ord said inance.
(6)This section shell I.Meclude paymenl being made for
replamnenf to daeaive mncrete adlxent ro a residence by the
City under special ca,aitions,such as the Cif,rtt Mne;a Fecor
al grant fm such I'oplxement,a low incorne abafeneor,a
,kW in Sectk, 3a48 of this chapter,for ft City to pay an or a
surlion a said Cost.Prior to mskie any abals—rd in—ass of
h"percent'S""I in the case of a residerce,the Mayor must
first establish a written edecufive policy mMerniiq whal cerrent
age It.
City will pay.
Sec.3 2d.Waiver of replacement requ'rremenl.in the event
the Ci1V shall determine that any defective ca+crele should not be
r dated beceum of a caaemolafed overall scree'repair or re
vlxemmt oroiecf,lack of funds or other good reason,the Me—
or
Mayor's designee may remrnraluy waive the requirement
of replxem-1.
Sec.362-7.Ordinary pairs.Any repai
red ired fo be
made to sidewalk r apcortenances which are of defective,as
defined Mein,shall c itule ordinary repeirs.nIn the event the
Cryry aamrmmes mat anv ordinary repair should W made,the
mire cost dereoI stall t»Me by the CiN,s lblxf to avadabil.
1 S.c.362$.Abalement or A zmenl Assessments shall be
ewel��a1 tl Uniform acco ding to the beeflts r Ived;however,
writs regui r¢plxementthe—of �sll 11 neve ar.t Combined l farrolycinMr—
I
elow the levels established DV the Department a Housing
ban Develppnenf in Is
"Income limits br Housing arq
unity Duvelopmed,Section B Program its Sall Lake Gih
den,Utah SMSA",as amended from time to time,the Im
st of—1—moor may be paid by the City,subject to lte
ility a lords.Such ovmer must file an application therefor
e Cily,in order for payments raquiretl by Section 36?5 ofrevisal ordinances to be abaled.In order for 1M above
guidelines to became effMive for me Purposes of this
him,the City t e notice of s h endment and
ssap�p» th adopted by the M¢YM by ezecutive action.
1 SECTION 2.This ordinance shall fake effect upon the date of
�bl.Passwed by
me CiN Council of Sal+lake City,Utah,+his 16m
day of February.1W,
ill Grant Mabev
ATTEST CHAIRMAN
W. :
Kathryn ll
CITY RECORDER
1983 anv to the Mayor.n FeW uary t 6.M
Mayor''ss Action
Ted 1,Wilson
MAYOR
ATTEST:
Mrvn Marshall
CI Y RECORDER
Pu B B 11983
FCMuary