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080 of 1994 - Repealing and Reenacting Article II of Chapter 18.48 of the Salt Lake City Code regarding the tempor0 94-24 ** SALT LAKE CITY ORDINANCE No. 80 of 1994 (Repealing and Reenacting Article II of Chapter 18.48 of the Salt Lake City Code regarding the temporary securing of buildings) AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF CHAPTER 18.48 (SECTION 18.48.090 ET SEQ.) OF THE SALT LAKE CITY CODE REGARDING THE TEMPORARY SECURING OF BUILDINGS. WHEREAS, the City Council finds that the temporary securing of vacant buildings by boarding up the doors and windows is an aesthetic and visual blight on the community which adversely impacts the surrounding property values, the quality of life and the City as a whole; and WHEREAS, the City also finds that the temporary securing of buildings requires the expenditure of certain City resources; and WHEREAS, the City finds that boarded buildings should be maintained in a condition which minimizes the visual blight and the potential for illegal and unsafe occupancy; and WHEREAS, the City finds that the existing provisions of Section 18.48.090 of the City Code are insufficient to further the City's interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Article II of Chapter 18.48 (Section 18.48.090, et seq.) be, and the same hereby is, repealed as follows: ** SECTION 2. That Article II of Chapter 18.48 (Section 18.38.090, et secs.) be, and the same hereby is, reenacted as follows: PART 1 Boarding Process 18.48.090 Definition of "boarding". "Boarding" means the secured covering of openings to a building or structure to prevent entrance pursuant to the provisions and standards of this Article due to the non -occupancy of the building or structure. 18.48.100 Notice and order to temporarily secure. If the Building Official determines that a building needs to be boarded, the Building Official shall send a notice by certified mail, return receipt requested, and regular mail, to the property owner requiring the owner to board the building. The Building Official shall also, on the same day, post a notice on the property. 18.48.110 City boarding or securing. A. If, within the time specified in the notice and order, the property owner fails to comply with the notice and order by taking out a permit to board the building pursuant to this Article, or apply for a stay pursuant to Part 2, the City may cause the property to be boarded. B. If the City boards a building, the City shall send the property owner a bill for: 2 ** 1. The fees and charges for services which would otherwise have been charged for the securing of a boarding permit pursuant to Section 18.48.140; 2. A One Hundred Dollar ($100) fee to partially recover the City's costs in administering the boarding; and 3. The actual costs of the boarding as billed to the City by the contractor. 18.48.120 Boarding permit required. It shall be unlawful to board a building except pursuant to a permit issued under this Article. 18.48.130 Boarding permit application. Permits for boarding a building must be applied for on a form provided by the Building Official. The form shall specify the following: A. The address of the structure to be boarded or temporarily secured; B. The type of building; C. For residential structures, the number of dwelling units; D. For non-residential buildings, the number of building square feet and the lineal footage of all building faces at ground level; E. The name, address and telephone number of a person authorized to act as an agent for the owner for performing the 3 ** owner's obligations under this Article, who lives within forty miles of Salt Lake City; F. Whether the property has the required external water source for landscaping, if landscaping is required; and G. A description of the condition of the building and the landscaping of the surrounding property. 21.48.140 Initial fees. For the first year of any boarding, the applicant shall pay, along with the application, the following fees: A. One Hundred Eighty -Five Dollars ($185) for each structure containing a single-family dwelling unit, plus Fifteen Dollars ($15) for each additional dwelling unit in the same structure for initial application and processing; B. For non-residential structures, One Hundred Eighty -Five Dollars ($185) or One and one-half Dollars ($1.50) per lineal foot of building face, whichever is greater; C. A fee to partially mitigate the harm to the City tax base, aesthetic interests and value of surrounding properties of the boarded structure in the amount of Two Hundred Dollars ($200); and D. A plumbing permit to install the external irrigation hose bib, if required, and not already present, in the amount of Six Dollars ($6). 4 ** 18.48.150 Separate salvage permit required. If the property owner intends to salvage any of the structure or other building components, hardware or equipment prior to or during the boarding, the property owner must secure a salvage permit as otherwise required by law. 18.48.160 Completion of boarding. Boarding must be completed within ten days of the issuance of a permit. 18.48.170 Boarding without permit. Boarding a building before obtaining a permit pursuant to the Article will require payment of double the initial boarding application fee specified in Section 18.48.140.A. 18.48.250 Yearly fees. A. On or before each yearly anniversary of a boarding permit, a property owner desiring to continue to board a building shall pay: 1. An annual inspection fee of One Hundred Ten Dollars ($110); and 2. The Two Hundred Dollar ($200) mitigation fee. B. A late fee of Twenty -Five Dollars ($25) shall be assessed by the City for each thirty days, or any portion thereof, in which the annual fees have not been paid. 5 ** PART 2 Stays 18.48.190 Stays authorized. The owner of any property which should be boarded pursuant to this Article, either voluntarily by the owner or pursuant to a notice and order, may apply for a stay of the boarding requirement. 18.48.200 Stay process. A. An owner seeking a stay shall obtain and complete the boarding application provided in Section 18.48.130. B. The Building Official shall promptly inspect the building and render a determination, in writing, regarding the building's suitability for a stay. C. If the Building Official determines that the building is in such a condition as to pose an imminent danger of collapse or fire or is an attractive nuisance which creates a significant risk of transient occupancy or vandalism, the Building Official shall deny the request for a stay. D. If the Building Official denies a stay request, the building owner shall obtain a boarding or demolition permit within seven days or the City may proceed to board the property pursuant to Section 18.48.110. E. If the Building Official determines that a stay is appropriate, the Building official shall certify in writing that a four month stay is issued. 6 ** 18.48.210 Actions during the stay. A. Within the stay period, the building owner shall obtain either a boarding permit pursuant to this Article or a building permit to rehabilitate the building. B. If the owner obtains a boarding permit, the owner shall, at that time, pay all the fees required pursuant to this Article. C. If the owner obtains a building permit for rehabilitation, the owner shall not be required to pay the boarding application fee but shall pay, instead, the appropriate building permit fees. 18.48.220 Work on building permit. A. If an owner has obtained a stay pursuant to this Article and subsequently secures a building permit for rehabilitation, work under the building permit must be begun within thirty days of obtaining the permit and must be prosecuted to completion with reasonable diligence. B. If work under the building permit is not begun or pursued as required, the City may revoke the building permit without further notice and board the building as necessary. PART 3 Boarding Standards 18.48.230 Method of securing buildings. A. All buildings shall be boarded in the following manner: 1. All openings in the structure on the first two 7 ** floors, other openings easily accessible from the ground, and openings with broken glass, shall be secured either by erecting a single one -half -inch -thick layer of plywood sheathing, or exterior -grade chipboard, covering over all exterior openings, overlapping the opening on every edge by three inches, nailed along the edges by eight -penny common nails spaced every six inches; 2. Alternately, the openings may be secured by conventional wood -frame construction. The frames shall use wood studs of a size not less than two inches by four inches (nominal dimension) placed not more than twenty-four inches apart on center. The frame stud shall have the four -inch sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with plywood or chipboard sheathing of at least one -half -inch thickness or equivalent lumber nailed over the opening by using eight - penny common nails spaced every six inches on the outside edges and every twelve inches along intermediate stud supports; 3. All coverings shall be painted with the same color as the building or its trim; and 4. Exterior doors shall be secured by a strong non - glass door adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening described in Subsection 1 or 2. 8 ** 18.48.240 Landscape maintenance. Existing landscaping and lawn on the property shall be maintained in the manner otherwise required by law. 18.48.250 Exterior maintenance. Exterior walls and surfaces must be properly maintained. Severely weathered, peeling or unpainted wood or damaged siding or roofing must be replaced or repaired with similar materials and colors. 18.48.260 Snow removal. Snow must be removed from public sidewalk areas surrounding the property in the manner otherwise required by law. 18.48.270 City maintenance of building. A. If a Building Official determines that a boarded building is not being maintained, the Building Official shall send a notice to the property owner and/or the property owner's agent requiring compliance with the building maintenance standards within seven days. B. If the Building Official determines that the property owner has failed to comply with the notice and order, the City may cause the work to be done by a contractor employed by the City. C. The City shall bill the property owner: 1. An administrative fee of One Hundred Seventy Dollars ($175) per year to cover the City's administrative expenses in contracting for the building maintenance; and 9 ** 2. The actual cost of building maintenance billed to the City by the City's contractor. 18.48.280 City maintenance of landscaping. A. If a Building Official determines that the landscaping on the property surrounding a boarded building is not being maintained as required by City Code, the Building Official shall send a notice to the property owner and/or the property owner's agent, requiring compliance with landscaping standards within seven days. B. If the Building Official determines that the property owner has failed to comply with the notice and order, the City may cause the work to be done by a contractor employed by the City. C. The City shall bill the property owner: 1. An administrative fee of One Hundred Seventy Dollars ($170) per year, to cover the City's administrative expenses in contracting for the landscaping maintenance; and 2. The actual cost of landscaping maintenance billed to the City by the City's contractor. 18.48.290 City removal of snow. A. If a Building Official determines that sidewalks adjacent to a boarded building are not having the snow removed as required by Section 18.48.260, the Building Official shall send a notice to the property owner and/or the property owner's agent, requiring snow from the present snowfall to be removed and 10 ** notifying the property owner that if snow from a subsequent snow fall is not removed as required, the City will contract for the removal and charge the property owner, pursuant to this Section. B. If the Building Official determines that the property owner has failed to comply with the notice and order, the City may cause snow, during the winter, to be removed by a contractor employed by the City. C. The City shall bill the property owner: 1. An administrative fee of One Hundred Seventy Dollars ($170) per year, to cover the City's administrative expenses in contracting for snow removal; and 2. The actual cost of snow removal billed to the City by the City's contractor. PART 4 Miscellaneous Provisions 18.48.300 Appeal process. A. Any person aggrieved by the decision of the Building Official may appeal the decision to the Housing Advisory and Appeals Board (HAAB) by filing a notice with HAAB within seven days of the Building Official's decision. The notice shall specify the basis for the appeal. B. A HAAB panel of at least three HAAB members shall schedule a hearing not less than seven days after the notice of appeal nor more than fourteen days after the notice. 11 ** C. HAAB shall notify the applicant and any appellant of the hearing and, at the hearing, shall take testimony and evidence. D. HAAB shall sustain the decision of the Building Official unless HAAB finds that the Building Official has failed to comply with the provisions of this Article. E. Any person aggrieved by any decision of HAAB under this Article may appeal such decision to the Mayor within seven days of HAAB's decision. The appeal shall specify any objection to HAAB's decision. F. The Mayor, or the Mayor's designated hearing officer, shall not take any additional evidence and shall consider the appeal only on the basis of the material presented to HAAB. G. The Mayor, or the Mayor's designated hearing officer, shall sustain the decision of HAAB, unless it appears that the decision of HAAB is not supported by any competent evidence or is arbitrary or capricious. If the Mayor or the Mayor's designated hearing officer does not reverse or otherwise modify the HAAB decision within seven days after the matter is submitted, the HAAB decision shall be sustained. 18.48.310 Legal action authorized. The City may take appropriate legal action to collect all unpaid fees or bills provided by this Article. 12 ** 18.48.320 Existing boarded properties. A. The Building Official shall take reasonable actions to notify the owners of buildings boarded as of the effective date of this Article. B. The notice shall generally inform the property owner of the enactment of this Article and shall notify the owner that a permit is required for the boarded building. C. Owners of buildings boarded as of the effective date of this ordinance shall apply for a permit no later than January 31, 1995. D. The permit for buildings boarded as of the effective date of this ordinance shall be processed as a new permit pursuant to the provisions of Section 18.48.130. E. To partially even the burden of processing applications, any owner of a building boarded as of the effective date of this ordinance shall receive a discount of thirty percent (30%) of the fees required by Section 18.48.140, if the owner applies for a permit prior to October 31, 1994. SECTION 3. This ordinance shall become effective on September 1, 1994, and the City Recorder is instructed to publish the ordinance. 13 Passed by the City Council of Salt Lake City, Utah, this 13th day of September , 1994. CHAIRPERSON AS T : .4L:e Li)EF DAUTY CITY+744!/1 ECORDr,R"-' Transmitted to the Mayor on Mayor's action: ATTEST: Bil Published: MAYOR CITY R CORDER of 1994. September 21, 1994 • 6G:\ORDINA94\1848TEMS.BRB:le 14 **