HomeMy WebLinkAboutProposed Ordinance - 4/15/20251
SALT LAKE CITY ORDINANCE
No. _____ of 2025
(Providing a general administrative hearing process for violations of the Salt Lake City Code)
An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to
establish a uniform administrative hearing process for civil violations of city code.
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the
resolution of administrative citations; and
WHEREAS, the city has a significant interest in the timely and effective resolution of
appeals of administrative citations in a manner that provides due process of law; and
WHEREAS, after a public hearing on this matter the Salt Lake City Council has
determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59
of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.59.010: PURPOSE:
It is the purpose of this chapter to provide for the issuance of city subpoenas to the extent
authorized by state law, including, but not limited to, Utah Code Section 10-3-610.
2.59.020: EXECUTIVE BRANCH SUBPOENAS:
The executive branch may authorize subpoenas to compel the attendance of witnesses located
within the state to give testimony or to produce records and documents or other items.
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A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a
department head.
B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney,
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an
appropriate exercise of administrative power prior to the recorder issuing the subpoena.
2.59.030: LEGISLATIVE BRANCH SUBPOENAS:
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney,
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder.
2.59.035: ADMINISTRATIVE APPEALS OFFICER SUBPOENAS:
A. A city appointed administrative appeals officer may issue subpoenas in connection with
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged
and/or nonconfidential documents at such proceedings.
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the
subpoena are not helpful to decide the issues at the hearing considering the significance and
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay
or to cause an undue burden.
C. The administrative appeals officer shall consider objections by the parties and any non-
party subject to a subpoena pursuant to the applicable policies and procedures for such
administrative hearing.
D. The administrative appeals officer shall comply with the procedures for issuance of a
subpoena as set forth in the applicable policies and procedures for such administrative hearing.
2.59.040: ISSUANCE OF SUBPOENAS:
A. All executive or legislative subpoenas shall be issued by the city recorder's office. The
recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for which
the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the subpoena was
issued.
B. All executive or legislative subpoenas shall be issued with an original and a copy. The
original, together with proof of service, shall be returned to the recorder's office and a copy left
with the person upon whom it is served.
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C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena"
and shall state whether it is before the legislative branch or the executive branch. The subpoena
shall state the title of the matter being heard and shall command each person to whom it is
directed to attend and give testimony and/or produce records or documents at a time and place
specified in the body of the subpoena.
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal
matters as provided by law.
2.59.050: RESERVED
2.59.060: SERVICE OF CITY SUBPOENAS:
Service shall be in accord with rule 4 of the Utah Rules of Civil Procedure.
2.59.070: RESERVED
2.59.080: PAYMENT OF SUBPOENA COSTS:
A. Cost of Subpoenas Issued on Behalf of the City: All costs of service and witness fees for
subpoenas issued on behalf of the city shall be paid by the department (including the mayor's
office or the city council) on whose behalf the subpoena was issued, unless or until a fund is
created to pay for these costs. These costs shall include witness fees and mileage.
B. Subpoenas Issued on Behalf of Other Parties: All costs of service and witness fees for
subpoenas issued on behalf of any person other than the city shall be paid by the person
requesting issuance of the subpoena.
C. City Documents: Any party requesting city production of city documents shall pay all the
costs of producing the documents, including, but not limited to, the search costs, employee salary
costs and cost of reproduction of the documents. Each department required to furnish the
documents shall collect its own costs.
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Section 78B-1-
119, or its successor.
2.59.090: ENFORCEMENT OF SUBPOENAS:
Any party who willfully fails to comply with the subpoena, or who, having appeared, refuses to
answer any question pertinent to the matter under inquiry, except in accord with privileges
granted by law, shall be guilty of a misdemeanor and punished in accord with the punishments
set by the state for class B misdemeanors.
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SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows:
CHAPTER 2.75
ENFORCEMENT OF CIVIL VIOLATIONS
Article I
GENERAL PROVISIONS
2.75.010: PURPOSE AND INTENT:
2.75.020: SCOPE:
2.75.030: EXISTING LAW CONTINUED:
2.75.040: CRIMINAL PROSECUTION RIGHT:
2.75.050: DEFINITIONS:
2.75.010: PURPOSE AND INTENT:
For specified administrative citations, as more particularly defined and designated in the Salt
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford
the recipient of such citation due process of law. Due process shall require proper notice of the
nature of the violation and the opportunity to be heard.
2.75.020: SCOPE:
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are
enforced through the issuance of an administrative citation and occur within Salt Lake City limits
and such territory outside Salt Lake City limits over which the city has jurisdiction or control by
virtue of any law or constitutional provision. However, if a more specific enforcement procedure
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that
specifically-enumerated enforcement procedure shall apply.
2.75.030: EXISTING LAW CONTINUED:
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake
City Code and shall be read in harmony therewith.
2.75.040: CRIMINAL PROSECUTION RIGHT:
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The provisions of this chapter shall not be construed to limit the city’s right to prosecute a
violation of the Salt Lake City Code as a criminal offense.
2.75.050: DEFINITIONS:
In the construction of this chapter, the following words and phrases shall be as defined as set
forth in this section:
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct
administrative enforcement hearings.
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation.
The term “administrative citation” shall be deemed to include any reference in this code to a
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of
abatement, or other notice of any adverse municipal decision for which the right to an
administrative enforcement hearing is specifically provided by ordinance.
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative
violation, including but not limited to costs incurred in preparing for and attending an
administrative enforcement hearing.
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative
appeals officer pursuant to the procedures established by this chapter.
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil
penalties and administrative costs.
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has
elected not to prosecute as a criminal citation. The term “administrative violation” shall be
deemed to include any reference in this code to a “civil violation” where such civil violation is
subject to the processes and procedures set forth in this chapter.
CITY: The city of Salt Lake City, Utah.
CITY COUNCIL: The legislative body of Salt Lake City, Utah.
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance
of an administrative citation for a violation of the Salt Lake City Code.
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative
violations through an initial determination conducted prior to an administrative enforcement
hearing.
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INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the
hearing officer reviews the evidence provided by the responsible person to whom the
administrative citation corresponds and makes a determination as to whether such evidence
justifies upholding or dismissing the administrative citation.
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of
abatement actions taken by the city and provides an itemized statement of costs for those actions.
MAYOR: The mayor of Salt Lake City, Utah.
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement
actions taken by the city and provides an itemized statement of costs for those actions.
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association,
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or
employee of the same, or any other entity or individual recognized by law as having rights or
duties.
RESPONSIBLE PERSON: A responsible person includes:
A. A person who causes or materially contributes to the causation of an administrative
violation or is otherwise responsible for an administrative violation as set forth in the
Salt Lake City Code; or
B. A person whose agent, employee, or independent contractor causes or materially
contributes to the causation of an administrative violation; or
C. The owner or occupant of real property within the city’s jurisdiction at which a
violation of the Salt Lake City Code occurs or exists.
Article II
ENFORCEMENT AUTHORITY
2.75.060: ADOPTION OF POLICY AND PROCEDURES:
2.75.070: DESIGNATION OF HEARING OFFICERS:
2.75.080; POWERS OF HEARING OFFICERS:
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS:
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
2.75.060: ADOPTION OF POLICIES AND PROCEDURES:
The chief administrative officer, or his/her designee, shall establish policies and procedures
addressing the enforcement of civil violations if such policies and procedures are consistent with
the provisions of this chapter.
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2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE:
A. The department responsible for issuing the administrative citation may elect to refer
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and
2.75.170. In the event such election is not made, such department shall provide a similar
informal process to evaluate any evidence provided by the recipient of an administrative citation
that a violation did not occur or that there is good cause to rescind or otherwise provide relief
from the administrative citation. The administrative enforcement hearings process set forth in
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental
initial determination.
B. The department of finance shall designate hearing officers through any process consistent
with the city’s human resources policies and procedures. A hearing officer may be a city
employee.
2.75.080: POWERS OF HEARING OFFICERS:
A. A hearing officer shall conduct informal initial determinations regarding violations of the
Salt Lake City Code as provided in this chapter.
B. The hearing officer shall have the authority to:
1. Determine whether a violation has occurred; and
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil
penalty associated with the administrative citation; or
4. Uphold the administrative citation without reducing the civil penalty associated with
the administrative citation.
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS:
A. The mayor, with the advice and consent of the city council, shall appoint one or more
administrative appeals officers to conduct administrative enforcement hearings.
B. An administrative appeals officer:
1. Shall not participate in any appeal in which the officer has a conflict of interest
prohibited by Chapter 2.44; and
2. Shall be either law trained or have significant experience with the requirements and
operations of administrative hearing processes.
C. An administrative appeals officer shall serve for renewable terms of three years and,
during any three-year term, shall be subject to removal by the mayor only for cause.
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2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS:
A. Except where a more specific enforcement appeal process is provided for in the Salt
Lake City Code, and, where a responsible person or the city has properly requested an
administrative enforcement hearing, an administrative appeals officer shall hear appeals
challenging any administrative citation.
B. An administrative appeals officer shall have authority to hold an administrative
enforcement hearing for violations of the Salt Lake City Code and such other matters as
specifically designated by ordinance.
C. Standard of Review: The standard of review for an appeal shall be de novo. The
administrative appeals officer shall review the matter anew, based upon applicable
procedures and standards for approval, and shall give no deference to the decision
resulting in the administrative citation. The administrative appeals officer shall uphold
the administrative citation unless it is not supported by substantial evidence or it
violates a law, statute, or ordinance in effect when the administrative citation was
issued.
D. Burden of Proof: The appellant has the burden of proving that the administrative
citation is incorrect, or in the event the city is the appellant, that the hearing officer
erred.
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may
modify the administrative citation.
F. After issuing a decision on the appeal, an administrative appeals officer has continuing
jurisdiction over the subject matter of an administrative enforcement hearing for the
purposes of: issuing further administrative orders to obtain compliance with the
decision; authorizing the city to enter upon private property to abate a violation;
modifying an administrative order, staying an administrative order, assessing costs of
abatement, assessing a civil penalty; or, where extraordinary circumstances exist,
granting a new hearing.
G. An administrative appeals officer shall not make any order contrary to any law or that
would require or allow a person to violate state law or city ordinance.
H. An administrative appeals officer may issue administrative subpoenas pursuant to
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to
Section 2.75.060.
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED:
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It shall be unlawful for any person to willfully make a false statement or refuse to give the
person’s name or address with intent to deceive or interfere with the performance of the official
duties of the person issuing the administrative citation, the hearing officer, or the administrative
appeals officer under the provisions of this chapter.
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:
Whenever any act or omission is made unlawful in this chapter, it shall include causing,
permitting, aiding, or abetting such act or omission.
Article III
ADMINISTRATIVE ENFORCEMENT PROCEDURES
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
2.75.140: ADMINISTRATIVE CITATION:
2.75.150: CIVIL PENALTIES ASSESSED:
2.75.160: REQUEST FOR INITIAL DETERMINATION:
2.75.170: INITIAL DETERMINATION PROCEDURES:
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING:
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
2.75.210: APPEAL TO DISTRICT COURT:
2.75.220: SETTLEMENT AGREEMENTS:
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW:
Administrative citations and timely appeals thereof shall be processed using the following
procedural framework:
A. When there is a determination that a violation of the Salt Lake City Code has occurred,
any authorized city personnel may issue an administrative citation for such violation to
the responsible person;
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance. The written request for an initial determination shall include a
statement describing the grounds that support the person’s challenge to the administrative
citation and shall be accompanied by any evidence the person desires to submit to a
hearing officer. After reviewing such written request and the submitted evidence, a
hearing officer shall render a written determination regarding the challenged
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administrative citation. The written determination shall promptly be sent to all parties to
the initial determination.
C. If the recipient of the administrative citation does not agree with the determination of the
hearing officer, then the recipient of the administrative citation shall file a written request
for an administrative enforcement hearing and pay the administrative enforcement
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10)
days of the hearing officer’s written decision. After such a request for hearing is received,
an administrative enforcement hearing will be held and an administrative appeals officer
will issue an administrative enforcement order regarding the administrative citation.
D. Within thirty (30) days of the date the administrative enforcement order is issued, both
the city and the recipient of the administrative citation shall have the right to appeal the
administrative enforcement order by filing a petition for review with the Third District
Court of Utah.
2.75.140: ADMINISTRATIVE CITATION:
A. An administrative citation may be issued to any responsible person.
B. The administrative citation shall include the following information:
1. Name of responsible person (if the name of the responsible person cannot
reasonably be ascertained, then a description of the real or personal property that
is the subject of the violation shall suffice);
2. Location of violation;
3. Date when the violation is observed;
4. A code citation and a description of each violation;
5. The amount of the civil penalty that corresponds to each violation;
6. Procedures for paying civil penalties;
7. Any instructions or other guidance specific to the facts of the violation at issue
and any corrective action available to the responsible person other than payment
of the civil penalty, if applicable; and
8. Procedures to request an initial determination and a description of the
consequences for failure to request or appear at such initial determination.
C. Notice of an administrative citation shall be issued to a responsible person in the
following manner:
1. Personally delivering the administrative citation to the responsible person; or
2. Sending the citation by first class mail, postage prepaid, to the responsible
person; or
3. Posting a copy of the administrative citation on the real or personal property
that gave rise to the administrative citation.
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D. Service of an administrative citation is effective upon utilizing any method of issuance
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2.
2.75.150: CIVIL PENALTIES ASSESSED:
A. Any person receiving an administrative citation shall comply with the terms of the
administrative citation, including payment of any specified civil penalty then due, unless
an initial determination is requested.
B. If the Salt Lake City Code states that the civil penalty for a particular administrative
violation will be reduced if payment is received within a specified time period, then the
city’s receipt of either payment or a request for an initial determination prior to the
expiration of that specified time period will permit the recipient of the administrative
citation to receive that penalty reduction. However, after all requested determinations and
hearings have been concluded, a person may forfeit such penalty reduction by failing to
timely pay any civil penalty ordered by the hearing officer or administrative appeals
officer, as applicable.
C. The civil penalty for each violation listed on an administrative citation shall be as set
forth in the Salt Lake City Code.
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an
initial determination has been timely filed, the city may use such lawful means as are
available to collect such civil penalties.
2.75.160: REQUEST FOR INITIAL DETERMINATION:
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or
such longer period if stated on the administrative citation, either (1) comply with the
terms of the administrative citation, including payment of any specified civil penalty then
due, or (2) file a written request for an initial determination on a form provided by the
department of finance.
B. Any recipient of an administrative citation may request a copy of the documents
maintained by the city supporting the administrative citation.
C. A request for an initial determination shall be submitted to the department of finance,
either electronically or by submitting a hard copy document, on a form provided by the
department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, physical address, telephone number, and email address of the person
requesting the initial determination;
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3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented to the
hearing officer; and
4. Any evidence the person desires to submit for the initial determination.
D. Failure by a person to timely request an initial determination shall constitute a waiver of
the right to any initial determination and administrative enforcement hearing and a waiver
of the right to challenge the administrative citation. If an initial determination is not
timely requested and administrative citation is not complied with then the city may elect
to enforce the administrative citation by any lawful means.
2.75.170: INITIAL DETERMINATION PROCEDURES:
A. A request for an initial determination filed in compliance with the requirements of
Section 2.75.160 shall be processed as follows:
1. The city shall bear the burden of proof to establish the existence of a violation of the
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence.
2. The hearing officer shall review the written request for an initial determination,
including the arguments and evidence set forth therein;
3. The hearing officer shall also review any evidence related to the administrative citation
provided by the issuer thereof; and
4. The hearing officer shall issue a written determination regarding the administrative
citation within five (5) business days from the date the written request for an initial
determination is received. The hearing officer’s written decision may:
a. Dismiss the administrative citation;
b. Uphold the administrative citation and reduce the associated civil
penalty; or
c. Uphold the administrative citation without reducing the associated
civil penalty.
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty
associated therewith as follows:
1. If the person receiving the administrative citation is not the responsible party;
2. If the administrative citation does not comply with Section 2.75.140.
3. The city has failed to prove by a preponderance of the evidence that the violation
identified in the administrative citation occurred.
4. Imminent injury to persons or property would result from compliance with the
administrative citation.
5. All corrective actions outlined in the notice of violation were completed on or before
the compliance date.
6. Such mitigating circumstances expressly identified in the Salt Lake City Code
corresponding to the specific violation at issue.
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7. When conducting an initial determination involving an alleged violation for
unauthorized use of streets, a hearing officer may only dismiss an administrative citation
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set
forth in Section 12.56.570, or its successor.
8. Civil penalties shall not be reduced where a violation is sustained by the hearing
officer but the responsible person has not yet complied with the corrective action, if any,
identified in the administrative citation.
9. Or as otherwise limited by law.
C. A person adversely affected by a hearing officer’s written determination, or written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, may appeal that written determination by
filing a completed request for an administrative enforcement hearing within ten (10) days
of the date on which the written determination was issued. A request for an
administrative enforcement hearing shall be made in writing on a form provided by the
department of finance and may be filed, either electronically or by submitting a hard copy
document, with the department of finance. The request shall include:
1. The administrative citation number or case file number, as applicable;
2. The name, address, telephone number, and email address of the person requesting the
hearing;
3. A statement describing the grounds that support the person’s challenge to the
administrative citation, which shall set forth every theory of relief that will be presented
to the administrative appeals officer;
4. Any evidence the person desires to submit for the administrative appeals officer’s
consideration; and
5. An administrative enforcement hearing fee as set forth in the Salt Lake City
consolidated fee schedule. However, in no case shall the administrative enforcement
hearing fee assessed be greater than the base civil penalty that corresponds to the
cumulative administrative violation(s) at issue. In the event that the city is the appellant,
no hearing fee shall be payable from either party. The hearing fee shall be due at the time
of filing the hearing request. An administrative enforcement hearing request shall not be
considered complete until the hearing fee is paid.
a. If the citation recipient prevails at the administrative enforcement
hearing, the administrative enforcement hearing fee shall be refunded to
the citation recipient. Otherwise, no refund of the hearing fee shall be
granted. A modification of the administrative citation or mere reduction in
the civil penalty shall not render the citation recipient the prevailing party.
D. Failure by a person to timely request an administrative enforcement hearing shall
constitute a waiver of the right to make any further challenge regarding the administrative
citation or result of the initial determination. If an administrative enforcement hearing is
not timely requested and the hearing officer’s written determination, or the written
determination of the applicable department if the department has not elected to use a
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city
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may elect to enforce the administrative citation, or written determination to the extent it
modified the administrative citation, by any lawful means.
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT
HEARING:
A. Upon receipt of a request for an administrative enforcement hearing the administrative
appeals officer shall schedule and hold a hearing in accordance with the standards and
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open
to the public and shall be recorded.
B. Notification of the date, time and place of the hearing shall be given a minimum of
twelve (12) calendar days in advance of the hearing.
C. Time Limitation: All administrative enforcement hearings shall be held within one
hundred eighty (180) days of the written determination by the hearing officer, or department if
applicable. Appeals not heard within this time frame will be considered moot and the associated
administrative citation withdrawn by the city.
D. If a person, without good cause, fails to appear at an administrative enforcement hearing
then the administrative appeals officer may (1) render a decision based solely upon the
arguments and evidence submitted prior to the hearing by the non-appearing party and any
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision
by default to the appearing party. The administrative appeals officer shall have discretion to
determine whether good cause for an absence exists.
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES:
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules
of evidence and discovery shall not apply. No later than five (5) business days prior to the
hearing the party that did not request the hearing shall provide the other an electronic
copy of any documents, photographs or other tangible evidence it intends to present at the
hearing and both parties shall provide a list of the witnesses that will testify at the
hearing. If an administrative citation arises from a complaint by a person who is not a city
employee, the complainant’s information shall not be disclosed or released other than the
inclusion of a complainant’s name in a witness list if the complainant will be a witness at
the hearing.
B. Each party shall have the right to be represented by an attorney at their sole cost and
expense. If an attorney will be representing a responsible person at a hearing, notice of
the attorney’s name, telephone number, and email address shall be provided at least two
(2) business days prior to the hearing. If such notice is not given, the hearing may be
continued at the city’s request, and all costs of the continuance may be assessed to the
responsible person.
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C. No new hearing shall be granted unless the administrative appeals officer determines that
extraordinary circumstances exist that justify a new hearing.
D. Hearings shall be conducted in a manner as to afford the parties due process and in
accordance with the policies and procedures adopted pursuant to Section 2.75.060.
E. The burden to prove any defense shall be upon the party raising such defense.
F. After considering all applicable evidence, testimony, and defenses presented, the
administrative appeals officer shall issue a written administrative enforcement order in
accordance with the requirements and criteria set forth in Section 2.75.200.
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER:
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs
later, the administrative appeals officer shall, within ten (10) business days, issue a written
administrative enforcement order that includes findings of fact and conclusions of law that
support the administrative appeals officer’s decision and, if applicable, the action required of the
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement
hearing the administrative appeals officer may assign the party who prevailed, if represented by
counsel, the task of preparing proposed findings of fact and conclusions of law.
B. Depending on the nature of the administrative violation at issue, an administrative
appeals officer may issue an administrative enforcement order that orders any of the
following:
1. Dismisses an administrative citation, or dismisses one or more of the administrative
violations associated with the administrative citation.
2. Requires a responsible person to cease and desist from committing or otherwise abate
the conditions causing the administrative violations identified in the administrative
citation;
3. Requires a responsible person to take any necessary corrective action to avoid
committing or to cease committing the administrative violations and establish
deadlines for the same;
3. Imposes civil penalties as set forth in this code;
4. Permits the city to enter property identified in the administrative citation and abate all
violations;
a. Whenever an order of abatement is entered the administrative appeals
officer shall also order the responsible person to pay to the city the actual
costs of the abatement and any administrative costs the city incurs in
performing the abatement.
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5. Reduces the civil penalties associated with one or more administrative violations,
except that no such reduction shall be ordered when the violation is sustained but the
responsible person has not yet complied with the corrective action affirmed or
ordered by the administrative appeals officer;
6. Establishes specific deadlines for the payment of civil penalties and administrative
costs;
7. Denies, revokes, or suspends a city license, permit or other city approval;
8. Provides for subsequent review hearings as may be necessary to ensure compliance
with an administrative enforcement order;
9. Imposes any other applicable penalties or fees in accordance with the provisions set
forth in this code.
C. In considering a request to modify civil penalties imposed in connection with an
administrative citation an administrative appeals officer may consider any or all of the
following factors:
1. Duration, frequency, and reoccurrence of a violation;
2. Seriousness of a violation;
3. History of a violation;
4. Good faith effort by a responsible person to comply with the administrative citation or,
if applicable, the administrative enforcement order;
5. Prior record of city code violations; and
6. Any other factor appropriate to a just result.
D. Promptly after an administrative enforcement order is issued it shall be sent either by
mail to the address or to the email address identified on the administrative enforcement
hearing request. An administrative enforcement order shall be deemed final on the date it
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be
extended by 7 days for order sent by mail.
E. If a responsible person fails to comply with the terms set forth in an administrative
enforcement order, the city may use all appropriate legal means to obtain compliance
thereof and recover civil penalties and administrative costs, including attorney’s fees.
2.75.210: APPEAL TO DISTRICT COURT:
A. The city or any responsible person adversely affected by a final administrative
enforcement order may file a petition for review with the Third District Court of Utah. The scope
of review shall be limited to the record before the administrative appeals officer. The court shall
presume the final administrative enforcement order is correct and shall not reweigh the evidence.
The administrative enforcement order may be overturned if it is illegal or arbitrary and
capricious. The administrative enforcement order shall be upheld if it is supported by substantial
evidence.
B. A petition for review shall be barred unless it is filed within thirty (30) days after the
administrative enforcement order is final.
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C. The recording of the administrative enforcement hearing, any available minutes, evidence
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding,
shall be provided by the city to the district court after the filing of a petition for review.
D. The filing of a petition for review in district court does not stay the final decision of the
administrative appeals officer.
2.75.220: SETTLEMENT AGREEMENTS:
At any time the recipient of an administrative citation and the city may enter into a stipulated
settlement agreement, which shall be signed by both parties. An executed settlement agreement
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver,
as to the merits of the administrative citation, of any right to an initial determination, an
administrative enforcement hearing, and an appeal to district court, to the extent not yet
conducted.
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section
2.84.100 of the Salt Lake City Code is hereby amended as follows:
2.84.100: JURISDICTION AND AUTHORITY:
The justice court shall have jurisdiction over all matters as provided by Utah Code Title 78A
Chapter 7.
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section
5.02.100 of the Salt Lake City Code is hereby amended as follows:
5.02.100: INVESTIGATION POWERS:
A. Investigation: Prior to the issuance of any business license required by this title, the city
may investigate any applicant for such license to ensure such applicant, proposed business, and
proposed place of business comply with all applicable laws, rules, and regulations. Such
investigation may include entry into the proposed business premises.
B. Documents Production: Unless the business license application is withdrawn by the
applicant, and no business operations are taking place without the required license the city may
compel the production of documents in order to conduct such investigation.
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C. Continuing Powers: In the event that a license is issued pursuant to this title, the license
holder and place of business shall be subject to ongoing inspections and investigation to
determine continued compliance with the terms and conditions of the license and all applicable
laws, rules and regulations.
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section
5.02.115 of the Salt Lake City Code is hereby amended as follows:
5.02.115: TIME LIMITATIONS:
License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city has
thirty (30) days in which to complete its review and approve or deny a license. If a review cannot
be completed within thirty (30) days, a conditional license may be issued to the applicant subject
to completion of the review, verifying the applicant meets all license requirements.
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows:
5.02.230: RESERVED
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section
5.02.250 of the Salt Lake City Code is hereby amended as follows:
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS:
A. Conditions of Denial, Suspension or Revocation: The licensee shall be responsible for the
operation of the licensed premises in conformance with the ordinances of the city. Any business
license issued by the city may be suspended or revoked, and any application for any business
license or for the renewal of any business license may be denied due to any of the following
arising out of or otherwise related to the application for, or the operation of, the business at issue:
1. The applicant or place of business does not meet the qualifications for a license;
2. Nonpayment of required fees;
3. An incomplete application;
4. Noncompliance with any requirement or condition associated with a city approval
associated with the business (i.e. conditional use permit, development agreement,
variance);
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5. A violation of or a conviction for violating any ordinance regulating or governing
the business for which said license was granted;
6. A violation of or conviction for violating any other city ordinance or law of the
state which affects the health, welfare or safety of its residents, including, but not limited
to, a public nuisance, and which violation or conviction relates to the business so licensed
or to be licensed;
7. A violation of or conviction for violating an ordinance which violation or
conviction resulted from the operation of the business so licensed;
8. Any material misrepresentation or any fraud perpetrated on the licensing authority
through application for, or operation of, said business; or
9. The applicant or licensee has refused authorized representatives of the city access
to the place of business for the purpose of an inspection or has interfered with such
representatives while in the performance of their duty in making such inspection.
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to,
other grounds for the denial, suspension or revocation of any license as provided for by
ordinance.
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution
of obscene material.
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section
5.02.260 of the Salt Lake City Code is hereby amended as follows:
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE:
Any suspension, revocation or denial of a license may be appealed pursuant to Chapter 2.75.
Suspension or revocation shall not take effect until the time period for appealing the decision has
expired or, if applicable, a decision is issued as a result of a timely appeal.
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section
5.02.270 of the Salt Lake City Code is hereby amended as follows:
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN:
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person,
corporation or firm who has had a license suspended, revoked or denied to reapply for or obtain a
license, or operate a business, which has been so suspended, revoked or denied during the time
that said license has been revoked, suspended or denied or for a period of one (1) year from the
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effective date of said suspension, revocation, or denial if no period of debarment is specified by
the order of suspension, revocation, or denial.
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290,
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are
hereby repealed in their entirety.
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS:
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the
City Council, and the Mayor or any hearing examiner shall have power and authority to call,
preside at and conduct hearings to consider the suspension, revocation, denial or approval of
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and
receive evidence, compel the attendance of witnesses, and compel the production of documents.
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER:
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its
successor section, the hearing examiner shall issue or adopt written findings of fact and
conclusions of law and an order which is based upon and supported by the evidence presented at
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance,
and shall be binding upon all parties as of the date and time of such issuance. The City and the
licensee or applicant may appeal such findings, conclusions and order to a court of competent
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such
findings, conclusions and order.
5.02.310: SUBPOENAS:
At the request of any party, subpoenas for attendance at any hearing or for production of books,
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this
Code or its successor chapter.
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows:
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONS:
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any
person:
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1. Engaged in business for solely religious, charitable, eleemosynary, or other types of
strictly nonprofit purpose who is tax exempt in such activities under the laws of the
United States and the state of Utah;
2. Engaged in a business specifically exempted from municipal taxation and fees under the
laws of the United States and the state of Utah;
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation
and located exclusively at the Utah State Fair Park during the period of the annual Utah
State Fair; or
4. Not maintaining a place of business within the city who has paid a like or similar license
tax or fee to some other taxing unit within the state, and which taxing unit exempts from
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing
business in such taxing unit.
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of
this section shall not apply to any disproportionate fees which may be applicable under
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or
charges which may be required under this code.
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter
into reciprocal agreements with the proper officials of other taxing units, as may be deemed
equitable and proper in effecting the exemption provided for in subsection A of this section.
Nothing in this section shall preclude the city from reviewing and investigating a business
license application under such a reciprocal agreement, and requiring payment of disproportionate
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the
discretion of the city council.
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows:
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED:
A. Civil Actions: In all cases where a city ordinance requires that a license be
obtained to carry on or to engage in any business, occupation or calling within the city, and the
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City
against the person failing to pay such license fee, in any court of this state having jurisdiction of
such action, to recover the fee. In any case where several or diverse amounts of license fees
remain due and unpaid by any such person, such several amounts of unpaid license fees may be
joined as separate causes of action in the same complaint in such civil actions.
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B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75.
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any
manner interfere with the enforcement of any penalty provision contained in any ordinance of the
city.
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows:
5.08.230: APPEAL PROCEDURES:
A. Civil penalties imposed pursuant to this chapter shall be subject to the procedures set
forth in Chapter 2.75.
B. It shall not be a defense to any penalty assessment that: 1) the false alarms were the result
of faulty or malfunctioning equipment; 2) the false alarms were caused by electrical surges; or 3)
the false alarms were caused by the fault of another person during noncriminal incidents.
C. The hearing officer or administrative appeals officer, as applicable, may dismiss the
penalty and release the alarm user from liability thereunder, or may reduce the penalty associated
therewith as he or she shall determine if any of the following affirmative defenses are shown:
1. The false alarm for which the penalty has been assessed did not originate at the
premises of the alarm user who has been assessed the fee;
2. The alarm for which the penalty has been assessed was, in fact, not false, but was
rather the result of an actual or attempted burglary, robbery or other emergency; or
3. The police dispatch office was notified by the permit holder or the alarm company
that the alarm was false prior to the arrival of a peace officer to the subject premises in response
to the false alarm.
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section
5.09.080 of the Salt Lake City Code is hereby amended as follows:
5.09.080: APPEALS:
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee
until the enforcement official makes a final decision. The owner shall file a written appeal to the
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enforcement official by setting forth the reasons for the appeal within fifteen (15) days after
notice is mailed.
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An
appeal must be made in writing stating the reason why the order to disconnect or deactivate
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to
disconnect is mailed to the owner. The enforcement official or his or her designee shall review
the facts and circumstances and shall determine whether the owner has shown good cause why
the order should be withdrawn. If the enforcement official affirms the order to disconnect or
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is
served upon the owner to comply with the order. The appeal of an order to disconnect or
deactivate shall suspend the effective date of the order until the appeal has been acted upon by
the enforcement official.
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows:
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter,
or whenever the city has reasonable cause to believe a violation exists in any building or upon
any premises which makes such building or premises unsafe, dangerous or hazardous, the city's
duly authorized representative may, after making reasonable efforts to obtain permission of the
owner or other person having charge or control of the premises or dwelling unit, enter a
residential property or premises to inspect it or to perform any other duties imposed by this
chapter.
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section
5.14.120 of the Salt Lake City Code is hereby amended as follows:
5.14.120: ENFORCEMENT:
A. Enforcement of all business licensing standards, except a property’s compliance
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters
5.02, 5.04, and 5.88.
B. Self-Certification Standard Enforcement: In addition to any other remedies
authorized by law or in this title, if the notified party fails to repair or secure the property in
question, the city may pursue any one (1) or more of the following additional remedies:
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1. Notice Of Deficiency: The building services division may record with the Salt
Lake County Recorder's Office a notice of any conditions that violate the self-
certification standards established by the city. The notice shall be mailed to all
notified parties.
2. Criminal Action: Violations of the provisions of self- certification standards
established by the city may be punishable as a Class B misdemeanor upon
conviction.
3. Civil Action: Violations of self-certification standards established by the city may
also be enforced by injunction, mandamus, abatement, civil penalties or any other
appropriate action in law or equity.
C. Civil penalties may be imposed according to the following procedures:
1. Notice Of Violation:
a. If the housing inspector finds that any provision of this chapter is being
violated, the housing inspector shall provide a written notice to the property
owner and to any other person determined to be responsible for such violation.
The written notice shall indicate the nature of the violation and order the
action necessary to correct it. Additional written notices may be provided at
the housing inspector's discretion.
b. The written notice shall state what action the housing inspector intends to take
if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall
serve to start any warning periods provided in this chapter.
c. Such written notice issued by the housing inspector shall be deemed sufficient
and complete when served upon the person cited:
(1) Personally by the inspector or his or her representative; or by mailing,
postage prepaid, by certified mail or commercial courier addressed to
the person cited at the last known address appearing on the records of
the County Recorder; and
(2) By posting notice on the property where said violation(s) occurs.
d. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or
welfare, the housing inspector may seek enforcement without prior written
notice by invoking any of the fines or remedies authorized in this chapter.
e. If the violation remains uncured within five (5) days after the expiration of the
warning period, a second notice of violation shall be delivered by mail,
postage prepaid, addressed to the person cited at the last known address
appearing on the records of the County Recorder. The second notice of
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violation shall identify the date on which the civil penalties shall begin to
accrue.
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the city: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
3. Daily Violations: Each day a violation continues after the citation deadline shall
give rise to a separate civil penalty.
4. Compliance: Accumulation of penalties for violations, but not the obligation for
payment of penalties already accrued, shall stop upon correction of the violation.
5. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs within six (6) months of the initial correction, the city will begin
enforcement of said recurring violation and penalties will begin accruing after a
ten (10) day warning period.
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section
5.14.130 of the Salt Lake City Code is hereby amended as follows:
5.14.130: REFUSAL TO PERMIT INSPECTIONS:
If a rental dwelling business license holder, or an agent of such business license holder, refuses
to permit the city to conduct an inspection authorized under this chapter, then the city has
adequate grounds to:
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at
issue;
B. Disqualify the rental dwelling at issue from participation in the city's Landlord/Tenant
Initiative pursuant to chapter 5.15 of this title;
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C. After making reasonable efforts to obtain permission of the owner or other person having
charge or control of the premises or dwelling unit, enter a rental dwelling at issue to inspect it or
to otherwise perform duties imposed by this chapter; and/or
D. Pursue any and all other remedies available to the city.
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section
5.15.070 of the Salt Lake City Code is hereby amended as follows:
5.15.070: DISQUALIFICATION:
A. License Office Duties: If the License Office disqualifies an applicant from participating
in the Landlord/Tenant Initiative Program or concludes that an owner has violated the provisions
of this chapter or the owner's rental dwelling management agreement with the city, the License
Supervisor shall:
1. Notify the rental dwelling owner of the violation and the basis for such action by
either:
a. Certified mail or commercial courier;
b. Personal service; or
c. Mailing a copy of the notice to the rental dwelling owner and posting a
copy of the same notice at the rental dwelling; and
2. Assess the rental dwelling owner for any disproportionate rental fees
corresponding to such rental dwelling that were reduced under this chapter for the currently
applicable license period.
B. Appeal: A rental dwelling owner or agent who receives a notification and
assessment as provided in subsection A of this section may appeal such action in accordance
with the procedures set forth in Chapter 2.75.
C. No Partial Reduction if Disqualified: If the owner of a rental dwelling is
disqualified from the Landlord/Tenant Initiative Program with respect to a particular rental
dwelling during any portion of the licensing period for which a reduction was provided, the
rental dwelling at issue, shall be disqualified from the program, and the disproportionate rental
fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety of the
term of such rental dwelling business license. The rental dwelling owner shall pay the full
disproportionate rental fee for such rental dwelling for that year.
D. Readmission: After disqualification, the rental dwelling at issue may qualify for
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the
rental dwelling owner has corrected the problems leading to disqualification and has paid all
amounts due in the prior year.
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SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section
5.16.100 of the Salt Lake City Code is hereby amended as follows:
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS:
An auctioneer's license may be revoked by the city license supervisor, or an application for
issuance or renewal of such license may be refused by the city license supervisor.
A. Grounds for Revocation or Denial.
1. The applicant or license holder has committed any of the violations set forth in
Section 5.02.250 of this title, or its successor; or
2. The application of the applicant or license holder contains any false, fraudulent or
misleading material statements; or
3. The applicant or license holder has made any false, fraudulent or misleading
material statement in the course of conducting an auction sale of, or in offering for sale at
auction, any real or personal property (goods, wares or merchandise) in the city; or
4. The applicant or license holder has perpetrated a fraud upon any person, whether
or not such fraud was perpetrated in the conduct of an auction in the city; or
5. The applicant or license holder has violated any of the statutes of the state relating
to auctions or auctioneers; or
6. The applicant or license holder has conducted an auction sale in the city or offered
for sale at an auction in the city, any real or personal property (goods, wares or
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the
peace or a menace to the health, safety or general welfare of the public.
B. Such determination may be appealed in accordance with Chapter 2.75.
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety.
5.16.110: RESERVED
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section
5.40.120 of the Salt Lake City Code is hereby amended as follows:
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5.40.120: LICENSE; REVOCATION CONDITIONS:
Any license granted or extended under this chapter may be revoked or suspended pursuant to the
procedures provided in Chapter 5.02 for any of the following reasons:
A. Any misrepresentation made in obtaining a license;
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed
a crime involving moral turpitude;
C. The violation of any provision of this chapter;
D. A showing of any evidence which provides reasonable grounds to believe that the
licensee has committed or aided in the preparation for or allowed his records, tools, equipment,
facilities or supplies to be used for the commission of any crime.
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040
of the Salt Lake City Code is hereby repealed.
5.51.040: RESERVED
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050
of the Salt Lake City Code is hereby repealed.
5.51.050: RESERVED
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060
of the Salt Lake City Code is hereby repealed.
5.51.060: RESERVED
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070
of the Salt Lake City Code is hereby repealed.
5.51.070: RESERVED
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SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080
of the Salt Lake City Code is hereby repealed.
5.51.080: RESERVED
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090
of the Salt Lake City Code is hereby repealed.
5.51.090: RESERVED
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section
5.61.380 of the Salt Lake City Code is hereby amended as follows:
5.61.380: APPEAL PROCEDURES:
If the license is denied or approved with qualifications, or if a notice of suspension, revocation or
citation of a civil fine is imposed, the applicant or licensee may challenge that adverse action
pursuant to the processes set forth in Chapter 2.75.
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section
5.63.065 of the Salt Lake City Code is hereby amended as follows:
5.63.065: DRIVER'S QUALIFICATIONS:
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be
issued to any of the following persons:
1. Any person under the age of eighteen (18) years;
2. Any person who is currently required to register with the sex and kidnap offender registry
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor;
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or
dangerous drugs, a felony conviction for an offense against a person or property, unless a
period of not less than five (5) years shall have elapsed since the date of conviction or the
date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five (5)
years immediately preceding application for a license;
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5. Any person who has been convicted of driving a vehicle while under the influence of
alcohol or a controlled substance, or of being in or about a vehicle while under the
influence of alcohol or a controlled substance with the intent of driving such vehicle,
within the five (5) years immediately preceding application for a license;
6. Any person who has been convicted of two (2) or more felonies.
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section
5.63.070 of the Salt Lake City Code is hereby amended as follows:
5.63.070: APPEAL:
Any license that is suspended, revoked, or associated application rejected, the applicant/licensee
shall be entitled to appeal such determination in accordance with Chapter 2.75.
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section
5.64.750 of the Salt Lake City Code is hereby amended as follows:
5.64.750: SUSPENSION AND REVOCATION OF LICENSE:
A. In addition to any penalties that may be imposed, any license issued under this article
may be suspended or revoked for any of the following reasons:
1. Fraud, misrepresentation, or knowingly false statement contained in the application
for the license;
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on
the business of vending;
3. Conducting the business of vending in any manner contrary to the conditions of the
license;
4. Conducting the business of vending in such a manner as to create a public nuisance;
cause a breach of the peace; constitute a danger to the public health, safety, welfare,
or morals; or interfere with the rights of property owners; or
5. Cancellation of Utah Department of Agriculture authorization, or of the required
authorization of any successor agency, for a food or beverage vending unit due to
uncorrected health or sanitation violations.
B. Any suspension of revocation of a license under this article shall be subject to
Chapters 5.02 and 2.75.
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C. If the city revokes a vending license or permit, the fee already paid for the license
or permit shall be forfeited. A person whose license or permit has been revoked under this
section may not apply for a new license for a period of one year from the date that the revocation
took effect.
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760
of the Salt Lake City Code is hereby repealed.
5.64.760: RESERVED
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section
5.65.190 of the Salt Lake City Code is hereby amended as follows:
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE:
A. The Business License Administrator may revoke or suspend the business license
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if
he/she finds:
1. That such person has violated or failed to meet any of the provisions of this
chapter;
2. That there are grounds for denial, suspension or revocation as set forth in
section 5.02.250 of this title, or its successor section, or in any other city
ordinance or State or Federal law or regulation;
3. That such person has been convicted within the last seven (7) years of any crime
involving moral turpitude, narcotic or dangerous drugs, or offenses against a
person or property;
4. Any required license or permit has been suspended, revoked or canceled; or
5. The permittee does not have a currently effective insurance policy in the
minimum amount provided in this chapter; or
6. That the permittee has abandoned the use of the permit operating location for the
conducting of business. The failure of a permittee to vend from a vending cart
within the permittee's permit operating location for thirty (30) continuous
calendar days or more, except during the period of December, January, and
February, shall constitute abandonment.
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the
procedures set forth in Chapter 5.02.
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SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section
5.71.010 of the Salt Lake City Code is hereby amended as follows:
5.71.010: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground
transportation business contracted through the department of airports to provide on demand
shared ride service to and from the Salt Lake City International Airport.
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating
under contract with the department of airports to provide airport shared ride service to and from
the Salt Lake City International Airport.
APPLICANT: An individual who has submitted an application to the department to obtain a
ground transportation vehicle operator's badge pursuant to article VII of this chapter.
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any
ground transportation vehicle, which has a current, valid business license as required by the city
and which:
A. Registers the business in accordance with the requirements established by the
department, and
B. Is current with all fees or charges imposed by the department and city.
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not
including the driver.
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including
the driver.
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
BUSINESS LICENSING OFFICE: The department of finance of Salt Lake City Corporation, or
its successor.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
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COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its
successor.
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for
transportation of customers and/or baggage without making a specific separate charge to the
passenger for such transportation.
DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic
transponder used to identify vehicles and provide the department with vehicle data and billing
information.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the
department to verify that the vehicle meets the standards set by the department director,
department rules and regulations, applicable contracts, and applicable city ordinances, including,
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing,
safety, and insurance requirements.
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that
a ground transportation vehicle has passed the required department inspection. These department
inspection seals are nontransferable and no ground transportation vehicle may be operated
without such seal.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern commercial ground transportation operations within the
city.
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule
previously announced as to time of departure and arrival between definitely established and
previously announced points along definitely established and previously announced routes
regardless of whether passengers or freight are to be carried.
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation
vehicle.
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground
transportation business.
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare
is collected.
HOLDER: A person to whom a certificate of public convenience and necessity has been issued.
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HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business
under contract to or directly by a motel, hotel, or other lodging business, to provide
transportation of customers and/or baggage for the contracted establishment for which
transportation the customer is charged a separate fee or fare, and which is subject to a contract
filed with the department providing for operating the vehicle.
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business
attire or a chauffeur's uniform.
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four
(24) persons, not including the driver.
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business
named in a civil notice issued by the city.
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by
an authorized ground transportation business which is not "scheduled service" or "prearranged
service" as defined in this section.
OPERATOR: Persons engaged in the ground transportation business.
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the
services of an ambulance, and who need or desire special transportation equipment or
accommodation for physical or mental infirmities.
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation
business from points within the city to destinations within the city, or beyond, for which the
authorized ground transportation business providing such transportation has recorded the name
or description of prospective passenger and the date and time of the request for transportation at
least thirty (30) minutes prior to the transporting of the passenger by such vehicle.
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation
business on a fixed schedule posted with and approved by the department in advance of such
transportation.
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the
transportation of persons with disabilities.
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific
purpose, including, but are not limited to, special conversion vehicles and classic or collector
automobiles, but excluding special transportation vehicles.
STARTER: A person appointed by and representing a ground transportation business who is
responsible for managing the coordination of vehicles and passenger transportation for that
business.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
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available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but
which is subject for contract hire by persons desiring special trips from one point to another, as
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in
Salt Lake City by contract with the department.
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of
facilitating ground transportation services, such as, but not limited to, the Salt Lake City
Intermodal Hub.
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of
freight, luggage, or other items.
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger
seating capacity of six (6) to twelve (12), not including the driver.
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows:
5.71.300: CIVIL PENALTIES AND ENFORCEMENT:
B. The department may revoke, suspend, or deny the application for or a renewal of
an operator's badge, department automated vehicle identification tag or department inspection
seal for violations of any provision of this title, department rules and regulations, or other
applicable law. Such action may be appealed in accordance with Chapter 2.75.
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section
5.71.310 of the Salt Lake City Code is hereby amended as follows:
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
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SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section
5.71.310 of the Salt Lake City Code is hereby repealed in its entirety:
5.71.320: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter , and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, may request an expedited appeal of the action that
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to
the department. The department shall promptly investigate the facts relating to such exclusion. If
the evidence indicates such exclusion is improper under this chapter, the Department Director
may reverse the action that resulted in such exclusion. If the Department Director does not
reverse such action, the action resulting in such exclusion shall be heard and determined by the
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground
Transportation Appeal Committee shall uphold such exclusion.
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section
5.72.005 of the Salt Lake City Code is hereby amended as follows:
5.72.005: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
CERTIFICATE: A certificate of public convenience and necessity issued by the city.
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake
City, Utah.
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this
chapter.
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00).
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to
provide taxicab services.
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DEPARTMENT: The Salt Lake City Department of Airports or such other city department or
division as may be designated by the mayor to have responsibility for the enforcement of this
chapter.
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved
by the department for providing taxicab or other services within the corporate boundaries of Salt
Lake City, including the airport.
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have
responsibility for the enforcement of this chapter or the authorized designee of such director.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern ground transportation service and businesses within the
city.
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare.
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab
are indicated.
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the
taximeter through the operation of the mileage and time mechanism.
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that
is not already engaged in transport of passengers to respond to the person's location for hiring
and transport of persons or property.
HIRED: The button on the face of a taximeter, which when activated places the taximeter in
operation, signifying the start of a billing process for the person(s) engaging the use of the
taxicab.
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for
the transportation of passengers for hire.
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated
association.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the
driver, used in the on demand, for hire transportation of passengers or baggage over the public
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for
contract hire by persons desiring special trips from one point to another and authorized to operate
in Salt Lake City by contract with the department.
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures
mileage by the distance driven and the waiting time upon which the fare is based, and which
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automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a
taxicab.
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a
passenger to the time of discharge of passenger(s).
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows:
B. The department may revoke, suspend, or deny renewal of an operator's badge,
department automated vehicle identification tag or department inspection seal for violations of
any provision of this title, department rules and regulations, or other applicable law. Such action
may be appealed in accordance with Chapter 2.75.
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section
5.72.890 of the Salt Lake City Code is hereby amended as follows:
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Chapter 2.75 or its
successor.
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section
5.72.900 of the Salt Lake City Code is hereby repealed as follows:
5.72.900: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter, and
has not had a hearing before the Ground Transportation Appeal Committee regarding such
exclusion as provided for in this chapter, such party may request an expedited appeal of the
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so
excluded to the department. The department shall promptly investigate the facts relating to such
exclusion. If the evidence indicates such exclusion is improper under this chapter, the
Department Director may reverse the action that resulted in such exclusion. If the Department
Director does not reverse such action, the action resulting in such exclusion shall be heard and
determined by the Ground Transportation Appeal Committee in accordance with the provisions
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of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this
chapter the Ground Transportation Appeal Committee shall uphold such exclusion.
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section
5.74.170 of the Salt Lake City Code is hereby amended as follows:
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS:
A. The licensee shall be responsible for the operation of the licensed premises in
conformance with this code. The city may revoke or suspend the license or licenses covering the
businesses conducted on such premises, regardless of the ownership thereof, for the following
violations:
1. A violation or conviction of Utah Code section 76-9-301.8, 76-9-702, or 76-10-1206;
2. A violation of any provision set forth in this chapter;
3. A violation or conviction of any ordinance referred to in
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of
section 5.28.060 of this title or section 11.16.100 of this code, or their successors;
4. Violations or convictions of any material misrepresentation, or for any fraud
perpetrated on the licensing authority through application or operation of such
business;
5. A violation of any law of the state, or ordinance of the city which affects the health,
welfare and safety of its residents, and which violation occurred as a part of the main
business activity licensed under this chapter and not incidental thereto;
6. A violation or conviction of showing motion pictures for which the establishment is
not properly licensed as required by this chapter.
B. The foregoing provisions of this section, or its successor, notwithstanding,
nothing herein shall authorize a revocation or suspension of any license of any theater, motion
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing
obscene material.
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section
5.74.180 of the Salt Lake City Code is hereby amended as follows:
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES:
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Any suspension or revocation of a license pursuant to this chapter shall be conducted as provided
in Chapter 5.02 of this title or its successor. Any decision to revoke or suspend a license shall be
stayed until the time period for appealing the decision has expired or a decision on any appeal is
issued pursuant to the provisions of Chapter 2.75.
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section
5.88.030 of the Salt Lake City Code is hereby amended as follows:
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION:
A. Notices of violation shall be adjudicated as civil violations in accordance with the
procedures set forth in Chapter 2.75.
B. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision is set forth therein, then the more specific enforcement provisions and
processes set forth in the chapter that corresponds to the violation shall supersede the provisions
of this section.
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section
5.88.040 of the Salt Lake City Code is hereby amended as follows:
5.88.040: PENALTIES FOR CIVIL VIOLATIONS:
A. The following penalties shall be imposed where a notice of violation is issued for
a violation of the city ordinances set forth in this title:
1. Where a notice of violation has been issued for a first violation of a city
ordinance, such notice of violation shall constitute a written warning.
2. Where a notice of violation has been issued for a second violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of two
hundred fifty dollars ($250.00).
3. Where a notice of violation has been issued for a third violation of a city
ordinance, the recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00).
4. Where a notice of violation has been issued for a fourth or subsequent violation of
a city ordinance, the recipient of such notice of violation shall:
a. Pay a civil penalty of five hundred dollars ($500.00); and
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b. Shall be placed on probation for a period of one (1) year from the date on
which the notice of violation was issued.
5. If, during the period of probation specified in subsection A4b of this section, a
notice of violation is issued for a violation of the same ordinance that resulted in
such probation, then:
a. The recipient of such notice of violation shall pay a civil penalty of five
hundred dollars ($500.00);
b. The business license of the recipient of such notice of violation shall be
revoked; and
c. The recipient of such notice of violation may not reapply for a new business
license for at least six (6) months from the date of revocation.
B. Any reference to second, third, fourth, and subsequent violations refers to repeat
violations of the same city ordinance that occur within a twenty four (24) month period. Unless a
specified citation interval is provided by ordinance related to the specific violation or license at
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days.
C. The city may not revoke a business license pursuant to subsection A5b of this
section without satisfying the due process requirements set forth in Section 5.02.250.
D. If the alleged ordinance violation involves an ordinance for which a more specific
enforcement provision or penalty is set forth therein, then the more specific enforcement
provisions, processes, and penalties set forth in the chapter that corresponds to the violation shall
supersede the provisions of this section.
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section
8.04.020 of the Salt Lake City Code is hereby amended as follows:
8.04.020: ANIMAL SERVICES:
Animal services may be provided through a legally executed agreement, which includes the
authority and power to enforce this title. Alternatively, the city may elect to provide its own
animal services without entering into a contract with an outside provider. In the event that animal
control services are provided by another political subdivision, the duly enacted ordinances and
regulations of that political subdivision shall apply and supersede the requirements of this Title.
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section
8.15.025 of the Salt Lake City Code is hereby amended as follows:
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8.15.025: NOTICES OF VIOLATION:
A. Notices of violations shall be adjudicated as civil violations in the small claims court in
accordance with the procedures set forth in Chapter 2.75.
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as
follows:
B. Any violation of this chapter shall constitute a civil violation and shall be handled as
provided by Chapter 2.75. Civil penalties shall be imposed as follows:
Section Of This Chapter Penalty
9.08.030G $50.00 per violation
9.08.090 and 9.08.095 $25.00 for the first citation
$50.00 for the second citation within 6
months of the first citation
$100.00 for the third citation within 6 months
of the first citation
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
11.14.050: ADMINISTRATIVE APPEALS:
Service fees and costs imposed pursuant to this chapter shall be adjudicated as civil violations in
accordance with Chapter 2.75.
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.24.016: RESERVED
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
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12.24.018: RESERVED
SECTION 52. Amending the text of Salt Lake City Code Section 12.24.018. That Section
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES:
A. Any person having received a citation as to unauthorized use of streets, or the owner of
any vehicle employed in such use, may appeal such notice pursuant to the procedures set forth in
Chapter 2.75.
B. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may dismiss the notice of unauthorized use and release the owner or driver from liability
thereunder. Such defenses are:
1. At the time of the receipt of the notice, possession of the subject vehicle had been
acquired by a third party in violation of the criminal laws of the State;
2. If the notice of unauthorized use of streets alleges a violation of any ordinance
pertaining to a parking meter, such meter was mechanically malfunctioning to the
extent that its reliability is questionable;
3. Compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property;
4. Citations for overtime parking in metered or time restricted zones received by a city
employee or guest while on official Salt Lake City business will be dismissed upon
written request from the applicable department director or designee on official
letterhead or by electronic mail. The request must be made within ten (10) days of
receipt of the citation and must include a brief description of the reason for the
request, and be submitted to the Salt Lake City Corporation director of revenue
operations. Parking violations other than overtime parking and meter violations will
not be dismissed in this manner;
5. Unlimited time parking by exempt vehicles will be allowed at city meters and time
restricted locations. In order to qualify, the exempt vehicle must either be a marked
official vehicle pursuant to Section 12.56.590, or it must be included in the city’s
exempt database. Requests for dismissals of other parking violations may be
considered and should be submitted to the Salt Lake City Corporation director of
revenue operations;
6. If the owner of the vehicle is deceased but was living when the ticket was issued;
7. If the vehicle was sold by a third party and the citation was issued prior to the sale,
provided the sale is reported to the DMV and the bill of sale is submitted within
twenty (20) days of receipt of the parking citation.
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C. If the hearing officer or administrative appeals officer, as applicable, finds that an
unauthorized use occurred but one or more of the defenses set forth in this section is applicable,
they may reduce the penalty associated therewith, but in no event shall such penalty be reduced
below the sum of ten dollars ($10.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been
acquired by another party pursuant to a written lease agreement or similar written
agreement;
2. The subject vehicle was mechanically incapable of being moved from such location;
provided, however, such defense shall not apply to any vehicle which remains at such
location in excess of six (6) hours;
3. Any markings, signs or other indicia of parking use regulation were not clearly visible
or comprehensible;
4. At the time of the notice of violation a responsible person receiving such notice of
violation had, but failed to properly display, a special disability group license plate or
placard that was valid and relevant to the violation for which the citation was issued;
5. At the time a citation issued for failure to display a residential parking permit a valid
residential parking permit existed, but such permit was not properly displayed;
6. Such other mitigating circumstances as have been approved by the parking civil
manager.
D. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days
from the receipt of the citation, the city may use such lawful means as are available to collect
such penalty, including costs. Such collection efforts shall be stayed while an appeal is pending
before a hearing officer or administrative appeals officer pursuant to Chapter 2.75.
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL
PENALTIES:
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who
fails to comply with Section 14.20.070 of this chapter commits a civil violation. Such violation
shall be handled in accordance with the procedures set forth in Chapter 2.75, or its successor.
B. The civil penalty for violation of this section shall be as set forth below:
1. For any property with street front footage of two hundred feet (200') or less:
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within twenty four (24) hours;
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b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not
removed from sidewalks within forty eight (48) hours; and
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
2. For any property with street front footage of more than two hundred feet (200'):
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within twenty four (24) hours;
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet
is not removed from sidewalks within forty eight (48) hours; and
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is
not removed from sidewalks within seventy two (72) hours.
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER:
Any suspension or revocation or stop order by the city engineer may be appealed in accordance
with the procedures set forth in Chapter 2.75.
SECTION 55. Amending the text of Salt Lake City Code Section 16.60.090. That Section
16.60.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.60.090: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground
transportation business contracted through the department of airports to provide on demand
shared ride service to and from the Salt Lake City International Airport.
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating
under contract with the department of airports to provide airport shared ride service.
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any
ground transportation vehicle, which has a current, valid business license as required by the city
and which:
A. Registers the business in accordance with the requirements established by the department,
and
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B. Is current with all fees or charges imposed by the department or city.
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less not
including the driver.
BUS: Any motor vehicle with a seating capacity of twenty five (25) passengers or more, not
including the driver.
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah
in the legal name of the association, including, without limitation, a corporation, limited liability
company, partnership, or sole proprietorship.
CIVIL NOTICE: The written notice of a ground transportation violation.
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for
transportation of customers and/or baggage without making a specific separate charge to the
passenger for such transportation.
DEPARTMENT: The Salt Lake City Department of Airports.
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic
transponder used to identify vehicles and provide the department with vehicle data and billing
information.
DEPARTMENT DIRECTOR: The director of the Salt Lake City Department of Airports.
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that
a ground transportation vehicle has passed the required department inspection. These department
inspection seals are nontransferable and no ground transportation vehicle may be operated
without such seal.
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted
by the department director to govern ground transportation service and businesses at the airport.
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule
previously announced as to time of departure and arrival between the airport and definitely
established and previously announced points along definitely established and previously
announced routes regardless of whether there are passengers or freight to be carried.
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation
vehicle.
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground
transportation business.
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of
persons using Salt Lake City streets for commercial purposes regardless of whether a fee or fare
is collected.
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business
under contract to or directly by a motel, hotel, or other lodging business to provide transportation
of customers and/or baggage for the contracted establishment, for which transportation the
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customer is charged a separate fee or fare, and which is subject to a contract filed with the
department providing for operating the vehicle.
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business
attire or a chauffeur's uniform.
MINIBUS: Any motor vehicle with a seating capacity of sixteen (16) to twenty four (24)
passengers, not including the driver.
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by
an authorized ground transportation business which is not "scheduled service" or "prearranged
service from the airport" as defined in this section.
OPERATOR: Persons engaged in the ground transportation business.
PREARRANGED SERVICE FROM THE AIRPORT: Transportation from the airport to points
within the corporate limits of Salt Lake City provided by an authorized ground transportation
business which is contracted for between such business and the person to be transported, or by an
agent of the person, prior to the arrival of the person at the Salt Lake City International Airport.
Prearranged service from the airport shall include airport ground transportation contracted for by
an airline company on behalf of its own passengers whose regular air travel may have been
disrupted in some manner. An agent may include a travel agent, family member, employee,
business or meeting planner, but excludes an authorized ground transportation business.
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation
business on a fixed schedule posted with the department in advance of such transportation.
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs
available for hire by passengers, including places otherwise marked as freight zones or other
parking restricted zones if designated for use of taxicabs during specified times.
TAXICAB: A motor vehicle used in the on demand for hire transportation of passengers or
baggage over the public streets and not operated over a fixed route or upon a fixed schedule, but
which is subject for contract hire by persons desiring special trips from one point to another, as
provided under title 5, chapter 5.72 of this code, or its successor chapter, and authorized to
operate in Salt Lake City by contract with the department.
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger
seating capacity of six (6) to twelve (12), not including the driver.
SECTION 56. Amending the text of Salt Lake City Code Section 16.64.030. That Section
16.64.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.64.030: CIVIL PENALTIES AND ENFORCEMENT:
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A. Any person or entity in violation of this title, department rules and regulations, or
other applicable law is subject to civil penalties and any other lawful action as may be taken by
the Department Director to ensure the safe and effective operations of the airport.
B. The city may revoke, suspend, or deny renewal of a city business license to
operate a business for violation of any provision of this title, department rules and regulations, or
other applicable law as provided under Chapter 5.02.
C. The department may revoke, suspend or deny renewal of an operator's badge,
department automated vehicle identification tag, or department inspection seal for violation of
any provision of this title, department rules and regulations, or other applicable law. Such action
may be appealed in accordance with Chapter 2.75.
SECTION 57. Amending the text of Salt Lake City Code Section 16.64.050. That Section
16.64.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
16.64.050: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter may be contested as provided in Chapter 2.75, or its successor.
SECTION 58. Repealing the text of Salt Lake City Code Section 16.64.060. That Section
16.64.060 of the Salt Lake City Code shall be repealed as follows:
16.64.060: EXPEDITED APPEAL OF EXCLUSION:
Any named party who is excluded from pursuing commercial activities under this chapter, and
has not had a hearing before an Appeal Committee regarding such exclusion as provided for in
this chapter, may request an expedited appeal of the action that resulted in such exclusion. Such
appeal shall be requested in writing by the party so excluded to the department. The department
shall promptly investigate the facts relating to such exclusion. If the evidence indicates such
exclusion is improper under this chapter, the Department Director may reverse the action that
resulted in such exclusion. If the Department Director does not reverse such action, the action
resulting in such exclusion shall be heard and determined by an Appeal Committee in accordance
with the provisions of this chapter. If a preponderance of the evidence indicates such exclusion is
proper under this chapter the Appeal Hearing Committee shall uphold such exclusion.
SECTION 59. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
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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 60. Effective Date. That this ordinance shall become effective on the date of
publication.
Passed by the City Council of Salt Lake City, Utah, this _______ day of
________________, 2025.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
____________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2025.
Published: ____________________.
Ordinance Establishing Uniform Administrative Hearing Process_v7
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
April 1, 2025
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EXHIBIT A
GENERAL FUNDS MISCELLANEOUS FEES
Service Fee Additional Information Section
Appeal of a decision to an administrative
appeals officer
$____ Fee will not be greater than the base
civil penalty being appealed.
2.75.170.C