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Proposed Ordinance - 1/4/2023 SALT LAKE CITY ORDINANCE No. of 2023 (Amending Fees and Penalties Related to Boarding or Temporarily Securing Buildings) An ordinance amending Salt Lake City Code Section 14.32.036, and also amending those portions of the Salt Lake City Consolidated Fee Schedule related to notice regarding work in the public way permits. WHEREAS, on May 17, 2011 the City Council adopted Ordinances 2011-23, 2011-24 and 2011-25 to authorize and create the Salt Lake City Consolidated Fee Schedule; and WHEREAS,the City Council of Salt Lake City("City Council") desires to update portions of the Salt Lake City Code related to notice regarding work in the public way permits, and to also update the corresponding portions of the Salt Lake City Consolidated Fee Schedule; WHEREAS, it is now proposed that the Salt Lake City Consolidated Fee Schedule be amended to update fees related to notice regarding work in the public way permits as shown in the attached Exhibit A; and WHEREAS, the City Council finds(i)the fees and fee information set forth in Exhibit A is necessary, reasonable, and equitable in relation to regulatory and service costs incurred by the City; and(ii) adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Salt Lake City Code Section 14.32.036 shall be, and hereby is, amended to read as follows: 1 14.32.036: NOTICE REQUIREMENTS: Prior to the City issuing a Work in the ROW pennit,notice of the proposed work shall be delivered by the applicant to the adjacent properties,except as otherwise provided herein.Notice will be paid for by the applicant and delivered as determined by the City Engineer in the manner described in subsection 14.32.036B.Lb. A. "Adjacent properties" means(a)the property(ies)with a boundary contiguous to the portion of the public way where the work is proposed, and(b)one property on each side of the contiguous property(ies). 1. With respect to proposed work located below ground and behind the curb and gutter, notice shall be delivered to the adjacent properties on the same side of the public way as the proposed work. 2. With respect to proposed work located below ground and in the paved section of the public way, notice shall be delivered to the adjacent properties on both sides of the public way. 3. With respect to proposed work located above ground, notice shall be delivered to the adjacent properties on both sides of the public way. 4. Notice shall be provided to every adjacent property contiguous to the work location, regardless of whether the work is below ground or above ground. B. The notice shall meet the following requirements: 1. Notice shall be given by either: a. If approved by the city, placing a door hanger or flyer,based on a city-supplied example and containing the information described in subsection 14.32.036B.2 and 3, on the building on each adjacent property in a conspicuous location and affixed in a manner that it won't easily be dislodged by weather, or b. The city mailing a postcard notice to the occupant and, if a separate address,the record owner of the adjacent property. The notice must be mailed if the adjacent property is a vacant lot. The city will include as part of the permit application fee, and the applicant shall pay to the city,the cost of mailing each postcard notice in the amount specified in the Salt Lake City consolidated fee schedule. c. If a multi-unit building is located on an adjacent property,notice must be mailed to the owner of the building and occupant of each unit, and to the record owner of each unit if a separate address. 2. Each notice shall state that it is given pursuant to Salt Lake City Code section 14.32.036 and shall contain the name of the permit applicant and a local contact phone number and email address for the permit applicant. 3. Each notice shall describe the reason for the construction,the anticipated date(s)of construction, and whether the street will be closed due to construction. C. If notice is delivered by the applicant,evidence of satisfactory notice means a construction drawing showing which properties were noticed,a copy of the provided notice,and any of the following: an affidavit from the permit applicant confirming delivery of notice and the date notice was delivered,a photo showing the notice on the building and property address,a certificate of mailing,or a signed receipt for certified mail delivery. If the City provides the notice, it shall keep a record of how and where the notice was delivered. D. No notice shall be required in the following situations: 2 1. Any work where a permit is not required. 2. Emergency situations. 3. Certain maintenance type activities where the street remains passable and unrestricted, such as snow plowing,street sweeping, street patching activities, and pothole repairs. 4. Replacement work where the work is replacing like for like(example:replacing a section of sidewalk with the same width sidewalk). 5. Placement of a dumpster, POD,or other obstruction for less than eight(8)days. SECTION 2. That the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended, in pertinent part, to reflect the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt Lake City website. SECTION 3. That a revised copy of the Salt Lake City Consolidated Fee Schedule that reflects the amendments set forth in the attached Exhibit"A" shall be published on the official Salt Lake City website. SECTION 4. That this ordinance shall become effective upon publication. Passed by the City Council of Salt Lake City, Utah this day of 2023. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. 3 MAYOR (SEAL) Bill No. of 2023. Published: Salt Lake City Attorney's Office Approved As To Form By: 9B rl. oyd Fergu n Date: 4 EXHIBIT A 5