HomeMy WebLinkAboutLegislative Version Ordinance - 7/29/2025
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SALT LAKE CITY ORDINANCE 1
No. _____ of 2025 2
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(Providing a general administrative hearing process for violations of the Salt Lake City Code) 4
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An ordinance amending Titles 2, 5, 8, 9, 11, 12, 14 and 16 of the Salt Lake City Code to 6
establish a uniform administrative hearing process for civil violations of city code. 7
WHEREAS, a petition was submitted by Mayor Erin Mendenhall to amend portions of 8
Salt Lake City Code to modify regulations pertaining to an administrative hearing process for the 9
resolution of administrative citations; and 10
WHEREAS, the city has a significant interest in the timely and effective resolution of 11
appeals of administrative citations in a manner that provides due process of law; and 12
WHEREAS, after a public hearing on this matter the Salt Lake City Council has 13
determined that adopting this ordinance is in the city’s best interests. 14
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, 15
as follows: 16
SECTION 1. Amending the text of Salt Lake City Code Chapter 2.59. That Chapter 2.59 17
of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 18
19
2.59.010: PURPOSE: 20
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It is the purpose of this chapter to provide for the issuance of city subpoenas for any reason to the 22
full extent authorized by state law, including, but not limited to, Utah Code Ssection 10-3-610, 23
Utah Code Annotated. 24
25
2.59.020: EXECUTIVE BRANCH SUBPOENAS: 26
27
The executive branch may authorize subpoenas to compel the attendance of witnesses located 28
within the state to give testimony or to produce records and documents or other items. 29
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A. A subpoena may be authorized upon signature of the mayor or his or her designee or by a 31
department head. 32
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B. All executive subpoenas must also be endorsed by the city attorney, deputy city attorney, 34
or any assistant city attorney. The attorney's signature shall be an affirmation the subpoena is an 35
appropriate exercise of administrative power prior to the recorder issuing the subpoena. 36
37
2.59.030: LEGISLATIVE BRANCH SUBPOENAS: 38
39
The city council may authorize a subpoena upon a majority vote of the council. Such subpoenas 40
shall be signed by any member of the council voting to authorize the subpoena. Upon such vote 41
and signature, the subpoena shall be reviewed and approved "as to form" by the city attorney, 42
deputy city attorney or any assistant city attorney and shall then be issued by the city recorder. 43
44
2.59.035: ADMINISTRATIVE APPEALS OFFICERLAW JUDGE SUBPOENAS: 45
46
A. A city appointed administrative appeals officer may issue subpoenas in connection with 47
administrative hearings conducted pursuant to Sections 2.75.190 and 2.24.050 and Chapters 48
21A.16 and 21A.18 to compel the attendance of persons or the production of nonprivileged 49
and/or nonconfidential documents at such proceedings. 50
51
B. The administrative appeals officer shall not issue the subpoena if (1) the documents or 52
testimony sought by the subpoena are not relevant, (2) the documents or testimony sought by the 53
subpoena are not helpful to decide the issues at the hearing considering the significance and 54
nature of the factual disputes at issue in the hearing, (3) the subpoena is intended to harass or 55
annoy any party or the subject thereof, or (4) the subpoena is requested for the purpose of delay 56
or to cause an undue burden. 57
58
C. The administrative appeals officer shall consider objections by the parties and any non-59
party subject to a subpoena pursuant to the applicable policies and procedures for such 60
administrative hearing. 61
62
D. The administrative appeals officer shall comply with the procedures for issuance of a 63
subpoena as set forth in the applicable policies and procedures for such administrative hearing. 64
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2.59.040: ISSUANCE OF SUBPOENAS: 66
67
A. All cityexecutive or legislative subpoenas shall be issued by the city recorder's office. 68
The recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for 69
which the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the 70
subpoena was issued. 71
72
B. All executive or legislative subpoenas shall be issued with an original and a copy. The 73
original, together with proof of service, shall be returned to the recorder's office and a copy left 74
with the person upon whom it is served. 75
76
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C. The subpoena shall be issued in the name of the city and shall be entitled "city subpoena" 77
and shall state whether it is before the legislative branch or the executive branch. The subpoena 78
shall state the title of the matter being heard and shall command each person to whom it is 79
directed to attend and give testimony and/or produce records or documents at a time and place 80
specified in the body of the subpoena. 81
82
D. Nothing in this section shall limit the city's authority to issue subpoenas in criminal 83
matters as provided by law. 84
85
2.59.050: PRODUCTION OF RECORDS OR DOCUMENTS: RESERVED 86
87
Any party may subpoena public records or documents from the city. No party, including the city, 88
may require documents to be produced which are confidential in accordance with state law, or 89
city policy or procedure, or which are private papers of the government. Police internal affairs 90
files are confidential and private files and may not be produced. Ongoing criminal investigations 91
are also confidential and private files and may not be produced. 92
93
2.59.060: SERVICE OF CITY SUBPOENAS: 94
95
A. Service of city subpoenas may be made by any city employee or by any person who 96
meets the requirements of rule 4 of the Utah rules of civil procedure. 97
98
B. Service shall be in accord with rule 4 of the Utah rRules of cCivil pProcedure. 99
100
2.59.070: SUBPOENAS BY OTHER PARTIES:RESERVED 101
102
Any person who is subject to an administrative hearing before the city may, upon the payment of 103
the costs of the recorder for issuing subpoenas, have the city recorder's office issue subpoenas to 104
compel the attendance of persons or the production of nonprivileged and/or nonconfidential 105
documents at the hearing. The person shall make his/her own arrangements for service of the 106
subpoena. 107
108
2.59.080: PAYMENT OF SUBPOENA COSTS: 109
110
A. Cost Oof Subpoenas Issued Oon Behalf Oof Tthe City: All costs of service and witness 111
fees for subpoenas issued on behalf of the city shall be paid by the department (including the 112
mayor's office or the city council) on whose behalf the subpoena was issued, unless or until a 113
fund is created to pay for these costs. These costs shall include witness fees and mileage. 114
115
B. Subpoenas Issued Oon Behalf Oof Other Parties: All costs of service and witness fees for 116
subpoenas issued on behalf of any person other than the city shall be paid by the person 117
requesting issuance of the subpoena. 118
119
C. City Documents: Any party requesting city production of city documents shall pay all the 120
costs of producing the documents, including, but not limited to, the search costs, employee salary 121
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costs and cost of reproduction of the documents. Each department required to furnish the 122
documents shall collect its own costs. 123
124
D. Witness Fees: Witness fees shall be the same as authorized in Utah Code Ssection 78B-1-125
11921-5-4, Utah Code Annotated, as amended from time to time or its successor statutes. 126
127
2.59.090: ENFORCEMENT OF SUBPOENAS: 128
129
A. Any party who willfully fails to comply with the subpoena, or who, having appeared, 130
refuses to answer any question pertinent to the matter under inquiry, except in accord with 131
privileges granted by law, shall be guilty of a misdemeanor and punished in accord with the 132
punishments set by the state for class B misdemeanors. 133
134
B. In addition to criminal penalties, the subpoenaing party may also have the right of access 135
to the court for judicial enforcement of administrative subpoenas. 136
137
SECTION 2. Amending the text of Salt Lake City Code Chapter 2.75. That Chapter 138
2.75 of the Salt Lake City Code is hereby deleted in its entirety and replaced as follows: 139
CHAPTER 2.75 140
ENFORCEMENT OF CIVIL VIOLATIONS 141
2.75.010: Definitions: 142
2.75.020: Hearing Officer: 143
2.75.030: Civil Violations: 144
2.75.040: Attorney Fees: 145
146
2.75.010: DEFINITIONS: 147
Whenever the following terms are used in this chapter, they shall have the meanings set forth 148
herein: 149
150
ASSESSMENTS: Means and includes, but is not limited to, late charges, administrative fees, 151
attorney fees, court costs, and traffic school fees. 152
153
CIVIL CITATION (Also Known As CIVIL NOTICE OF VIOLATION OR CIVIL NOTICE): A 154
notice that a civil violation of this code has occurred, issued by an officer or other person 155
authorized to issue such notice consistent with Utah Code Annotated section 10-3-703 or other 156
applicable laws or state statutes or their successors. 157
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158
CIVIL PENALTY: The fine, forfeitures, assessments or combination thereof imposed by the Salt 159
Lake City justice court. 160
161
CIVIL VIOLATION: A noncriminal violation of Salt Lake City ordinances designated as civil 162
violations. 163
164
HEARING OFFICER: An individual designated as a hearing officer, violation coordinator or 165
referee, or such other person who has authority to make decisions regarding civil or criminal 166
citations that have been issued by an enforcement officer, before the matter is referred to a 167
justice court judge. ( 168
2.75.020: HEARING OFFICER: 169
A. Duties: Consistent with the policies and procedures promulgated by the justice court, the 170
hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and 171
assessments owed; reduce civil penalties owed; dismiss citations upon payment of fees; enter 172
into agreements for the timely or periodic payment of penalties, surcharges and assessments; 173
and perform such other duties as deemed necessary or desirable by the justice court to carry 174
out the purposes of this chapter in accordance with justice and equity. 175
B. Accountability: The hearing officer shall serve as staff for the justice court but shall be 176
supervised as an employee, under the direction of the city justice court director or his/her 177
designee. 178
2.75.030: CIVIL VIOLATIONS: 179
180
A. When an enforcement officer determines that a civil violation of this code has occurred, the 181
officer shall issue a civil citation, the matter shall be handled by the justice court, and the 182
penalty for such civil violation shall be as provided in section 1.12.050 of this code, or its 183
successor. 184
B. Any person having received a civil citation shall, within twenty (20) days, either pay the 185
civil penalty as contained in the default penalty schedule or file a written request for a 186
hearing before the justice court. 187
C. Any person receiving a civil citation who requests a hearing shall discuss the matter with a 188
hearing officer for informal resolution prior to the hearing before the justice court. 189
D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. 190
E. If the civil penalties payable to the city remain unsatisfied and no written request for a 191
hearing has been filed after twenty (20) days from the issuance of the civil citation, the city 192
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may use such lawful means as are available to collect such penalties, including late charges, 193
administrative and court costs and attorney fees. Any additional penalties are stayed upon 194
filing the request for hearing, until judgment is rendered in the matter. 195
2.75.040: ATTORNEY FEES: 196
A. If an attorney for the city assists the collections division of the city's finance department in 197
an enforcement or collection action involving a citation for a civil violation of this code, then 198
an attorney fee in the amount set forth in the Salt Lake city consolidated fee schedule shall be 199
assessed against the individual or entity that received the citation. This attorney fee shall be 200
assessed in addition to any other fees that may lawfully be assessed in such circumstances. 201
B. The attorney fee set forth in subsection A of this section shall not be imposed where the 202
imposition of the attorney fee: 203
1. Conflicts with federal, state or local law; or 204
2. Conflicts with a binding contract between the city and the entity or individual required 205
to make payments to the city. 206
207
Article I 208
GENERAL PROVISIONS 209
210
2.75.010: PURPOSE AND INTENT: 211
2.75.020: SCOPE: 212
2.75.030: EXISTING LAW CONTINUED: 213
2.75.040: CRIMINAL PROSECUTION RIGHT: 214
2.75.050: DEFINITIONS: 215
216
2.75.010: PURPOSE AND INTENT: 217
218
For specified administrative citations, as more particularly defined and designated in the Salt 219
Lake City Code, which are issued by the city, it is the purpose and intent of the city to afford 220
the recipient of such citation due process of law. Due process shall require proper notice of the 221
nature of the violation and the opportunity to be heard. 222
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224
2.75.020: SCOPE: 225
226
The provisions of this chapter may be applied to all violations of the Salt Lake City Code that are 227
enforced through the issuance of an administrative citation and occur within Salt Lake City limits 228
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and such territory outside Salt Lake City limits over which the city has jurisdiction or control by 229
virtue of any law or constitutional provision. However, if a more specific enforcement procedure 230
for a particular class of violations is expressly set forth in the Salt Lake City Code, then that 231
specifically-enumerated enforcement procedure shall apply. 232
233
234
2.75.030: EXISTING LAW CONTINUED: 235
236
The provisions of this chapter are not intended to invalidate any other provision of the Salt Lake 237
City Code and shall be read in harmony therewith. 238
239
240
2.75.040: CRIMINAL PROSECUTION RIGHT: 241
242
The provisions of this chapter shall not be construed to limit the city’s right to prosecute a 243
violation of the Salt Lake City Code as a criminal offense. 244
245
246
2.75.050: DEFINITIONS: 247
248
In the construction of this chapter, the following words and phrases shall be as defined as set 249
forth in this section: 250
251
ADMINISTRATIVE APPEALS OFFICER: A person appointed by the mayor to conduct 252
administrative enforcement hearings. 253
254
ADMINISTRATIVE CITATION: A citation notifying a person of an administrative violation. 255
The term “administrative citation” shall be deemed to include any reference in this code to a 256
“civil notice”, a “notice of violation”, an itemized statement of abatement costs, a notice of 257
abatement, or other notice of any adverse municipal decision for which the right to an 258
administrative enforcement hearing is specifically provided by ordinance. 259
260
ADMINISTRATIVE COSTS: All costs incurred by the city in connection with an administrative 261
violation, including but not limited to costs incurred in preparing for and attending an 262
administrative enforcement hearing. 263
264
ADMINISTRATIVE ENFORCEMENT HEARING: A hearing held by an administrative 265
appeals officer pursuant to the procedures established by this chapter. 266
267
ADMINISTRATIVE ENFORCEMENT ORDER: An order issued by an administrative appeals 268
officer pursuant to the provisions of this chapter, including but not limited to an order to pay civil 269
penalties and administrative costs. 270
271
ADMINISTRATIVE VIOLATION: Any violation of the Salt Lake City Code that the city has 272
elected not to prosecute as a criminal citation. The term “administrative violation” shall be 273
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deemed to include any reference in this code to a “civil violation” where such civil violation is 274
subject to the processes and procedures set forth in this chapter. 275
276
CITY: The city of Salt Lake City, Utah. 277
278
CITY COUNCIL: The legislative body of Salt Lake City, Utah. 279
280
CIVIL PENALTY: A penalty imposed on a responsible person in conjunction with the issuance 281
of an administrative citation for a violation of the Salt Lake City Code. 282
283
HEARING OFFICER: A person authorized to facilitate the informal resolution of administrative 284
violations through an initial determination conducted prior to an administrative enforcement 285
hearing. 286
287
INITIAL DETERMINATION: An informal hearing conducted by a hearing officer where the 288
hearing officer reviews the evidence provided by the responsible person to whom the 289
administrative citation corresponds and makes a determination as to whether such evidence 290
justifies upholding or dismissing the administrative citation. 291
292
ITEMIZED STATEMENT OF COSTS: A written notice that informs a responsible person of 293
abatement actions taken by the city and provides an itemized statement of costs for those actions. 294
295
MAYOR: The mayor of Salt Lake City, Utah. 296
297
NOTICE OF ABATEMENT: A written notice that informs a responsible person of abatement 298
actions taken by the city and provides an itemized statement of costs for those actions. 299
300
PERSON: Any natural person, firm, joint venture, joint stock company, partnership, association, 301
club, company, corporation, business trust, organization, or the manager, lessee, agent, officer, or 302
employee of the same, or any other entity or individual recognized by law as having rights or 303
duties. 304
305
RESPONSIBLE PERSON: A responsible person includes: 306
307
A. A person who causes or materially contributes to the causation of an administrative 308
violation or is otherwise responsible for an administrative violation as set forth in the 309
Salt Lake City Code; or 310
B. A person whose agent, employee, or independent contractor causes or materially 311
contributes to the causation of an administrative violation; or 312
C. The owner or occupant of real property within the city’s jurisdiction at which a 313
violation of the Salt Lake City Code occurs or exists. 314
315
316
Article II 317
ENFORCEMENT AUTHORITY 318
319
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2.75.060: ADOPTION OF POLICY AND PROCEDURES: 320
2.75.070: DESIGNATION OF HEARING OFFICERS: 321
2.75.080; POWERS OF HEARING OFFICERS: 322
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 323
2.75.100: POWERS OF ADMINISTRATIVE APPEALS OFFICERS: 324
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 325
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 326
327
328
2.75.060: ADOPTION OF POLICIES AND PROCEDURES: 329
330
The chief administrative officer, or his/her designee, shall establish policies and procedures 331
addressing the enforcement of civil violations if such policies and procedures are consistent with 332
the provisions of this chapter. 333
334
335
2.75.070: DESIGNATION OF HEARING OFFICERS/ELECTIVE USE: 336
337
A. The department responsible for issuing the administrative citation may elect to refer 338
appeals of the same to the hearing officer process set forth in Sections 2.75.130, 2.75.160 and 339
2.75.170. In the event such election is not made, such department shall provide a similar 340
informal process to evaluate any evidence provided by the recipient of an administrative citation 341
that a violation did not occur or that there is good cause to rescind or otherwise provide relief 342
from the administrative citation. The administrative enforcement hearings process set forth in 343
Sections 2.75.90, 2.75.100, and Article III below shall be available to appeal such departmental 344
initial determination. 345
346
B. The department of finance shall designate hearing officers through any process consistent 347
with the city’s human resources policies and procedures. A hearing officer may be a city 348
employee. 349
350
351
2.75.080: POWERS OF HEARING OFFICERS: 352
353
A. A hearing officer shall conduct informal initial determinations regarding violations of the 354
Salt Lake City Code as provided in this chapter. 355
356
B. The hearing officer shall have the authority to: 357
358
1. Determine whether a violation has occurred; and 359
2. Subject to Section 2.75.170.B, dismiss an administrative citation; or 360
3. Subject to Section 2.75.170.B, uphold the administrative citation and reduce the civil 361
penalty associated with the administrative citation; or 362
4. Uphold the administrative citation without reducing the civil penalty associated with 363
the administrative citation. 364
365
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366
2.75.090: APPOINTMENT OF ADMINISTRATIVE APPEALS OFFICERS: 367
368
A. The mayor, with the advice and consent of the city council, shall appoint one or more 369
administrative appeals officers to conduct administrative enforcement hearings. 370
371
B. An administrative appeals officer: 372
1. Shall not participate in any appeal in which the officer has a conflict of interest 373
prohibited by Chapter 2.44; and 374
2. Shall be either law trained or have significant experience with the requirements and 375
operations of administrative hearing processes. 376
377
C. An administrative appeals officer shall serve for renewable terms of three years and, 378
during any three-year term, shall be subject to removal by the mayor only for cause. 379
380
381
2.75.100: POWERS & JURISDICTION OF ADMINISTRATIVE APPEALS OFFICERS: 382
383
A. Except where a more specific enforcement appeal process is provided for in the Salt 384
Lake City Code, and, where a responsible person or the city has properly requested an 385
administrative enforcement hearing, an administrative appeals officer shall hear appeals 386
challenging any administrative citation. 387
388
B. An administrative appeals officer shall have authority to hold an administrative 389
enforcement hearing for violations of the Salt Lake City Code and such other matters as 390
specifically designated by ordinance. 391
392
C. Standard of Review: The standard of review for an appeal shall be de novo. The 393
administrative appeals officer shall review the matter anew, based upon applicable 394
procedures and standards for approval, and shall give no deference to the decision 395
resulting in the administrative citation. The administrative appeals officer shall uphold 396
the administrative citation unless it is not supported by substantial evidence or it 397
violates a law, statute, or ordinance in effect when the administrative citation was 398
issued. 399
400
D. Burden of Proof: The appellant has the burden of proving that the administrative 401
citation is incorrect, or in the event the city is the appellant, that the hearing officer 402
erred. 403
404
E. An administrative appeals officer may reverse or affirm, wholly or in part, or may 405
modify the administrative citation. 406
407
F. After issuing a decision on the appeal, an administrative appeals officer has continuing 408
jurisdiction over the subject matter of an administrative enforcement hearing for the 409
purposes of: issuing further administrative orders to obtain compliance with the 410
decision, authorizing the city to enter upon private property to abate a violation, 411
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modifying an administrative order, staying an administrative order, assessing costs of 412
abatement, assessing a civil penalty, or, where extraordinary circumstances exist, 413
granting a new hearing. 414
415
G. An administrative appeals officer shall not make any order contrary to any law or that 416
would require or allow a person to violate state law or city ordinance. 417
418
H. An administrative appeals officer may issue administrative subpoenas pursuant to 419
Chapter 2.59 in accordance with the policies and procedures adopted pursuant to 420
Section 2.75.060. 421
422
423
2.75.110: FALSE INFORMATION OR REFUSAL PROHIBITED: 424
425
It shall be unlawful for any person to willfully make a false statement or refuse to give the 426
person’s name or address with intent to deceive or interfere with the performance of the official 427
duties of the person issuing the administrative citation, the hearing officer, or the administrative 428
appeals officer under the provisions of this chapter. 429
430
431
2.75.120: ACTS INCLUDE CAUSING, AIDING, AND ABETTING: 432
433
Whenever any act or omission is made unlawful in this chapter, it shall include causing, 434
permitting, aiding, or abetting such act or omission. 435
436
437
Article III 438
ADMINISTRATIVE ENFORCEMENT PROCEDURES 439
440
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 441
2.75.140: ADMINISTRATIVE CITATION: 442
2.75.150: CIVIL PENALTIES ASSESSED: 443
2.75.160: REQUEST FOR INITIAL DETERMINATION: 444
2.75.170: INITIAL DETERMINATION PROCEDURES: 445
2.75.180: NOTICE OF ADMINISTRATIVE ENFORCEMENT HEARING: 446
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 447
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 448
2.75.210: APPEAL TO DISTRICT COURT: 449
2.75.220: SETTLEMENT AGREEMENTS: 450
451
452
2.75.130: ADMINISTRATIVE CITATION APPEAL PROCEDURE OVERVIEW: 453
454
Administrative citations and timely appeals thereof shall be processed using the following 455
procedural framework: 456
457
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A. When there is a determination that a violation of the Salt Lake City Code has occurred, 458
any authorized city personnel may issue an administrative citation for such violation to 459
the responsible person; 460
461
B. Any person receiving an administrative citation shall, within ten (10) calendar days, or 462
such longer period if stated on the administrative citation, either (1) comply with the 463
terms of the administrative citation, including payment of any specified civil penalty then 464
due, or (2) file a written request for an initial determination on a form provided by the 465
department of finance. The written request for an initial determination shall include a 466
statement describing the grounds that support the person’s challenge to the administrative 467
citation and shall be accompanied by any evidence the person desires to submit to a 468
hearing officer. After reviewing such written request and the submitted evidence, a 469
hearing officer shall render a written determination regarding the challenged 470
administrative citation. The written determination shall promptly be sent to all parties to 471
the initial determination. 472
473
C. If the recipient of the administrative citation does not agree with the determination of the 474
hearing officer, then the recipient of the administrative citation shall file a written request 475
for an administrative enforcement hearing and pay the administrative enforcement 476
hearing fee as set forth in the Salt Lake City consolidated fee schedule within ten (10) 477
days of the hearing officer’s written decision. After such a request for hearing is received, 478
an administrative enforcement hearing will be held and an administrative appeals officer 479
will issue an administrative enforcement order regarding the administrative citation. 480
481
D. Within thirty (30) days of the date the administrative enforcement order is issued, both 482
the city and the recipient of the administrative citation shall have the right to appeal the 483
administrative enforcement order by filing a petition for review with the Third District 484
Court of Utah. 485
486
487
2.75.140: ADMINISTRATIVE CITATION: 488
489
A. An administrative citation may be issued to any responsible person. 490
491
B. The administrative citation shall include the following information: 492
1. Name of responsible person (if the name of the responsible person cannot 493
reasonably be ascertained, then a description of the real or personal property that 494
is the subject of the violation shall suffice); 495
2. Location of violation; 496
3. Date when the violation is observed; 497
4. A code citation and a description of each violation; 498
5. The amount of the civil penalty that corresponds to each violation; 499
6. Procedures for paying civil penalties; 500
7. Any instructions or other guidance specific to the facts of the violation at issue 501
and any corrective action available to the responsible person other than payment 502
of the civil penalty, if applicable; and 503
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8. Procedures to request an initial determination and a description of the 504
consequences for failure to request or appear at such initial determination. 505
506
C. Notice of an administrative citation shall be issued to a responsible person in the 507
following manner: 508
509
1. Personally delivering the administrative citation to the responsible person; or 510
2. Sending the citation by first class mail, postage prepaid, to the responsible 511
person; or 512
3. Posting a copy of the administrative citation on the real or personal property 513
that gave rise to the administrative citation. 514
515
D. Service of an administrative citation is effective upon utilizing any method of issuance 516
set forth in Section 2.75.140.C. However, the deadline set forth in Section 2.75.160.A 517
shall be extended by 7 days if a citation is served pursuant to Section 2.75.140.C.2. 518
519
520
2.75.150: CIVIL PENALTIES ASSESSED: 521
522
A. Any person receiving an administrative citation shall comply with the terms of the 523
administrative citation, including payment of any specified civil penalty then due, unless 524
an initial determination is requested. 525
526
B. If the Salt Lake City Code states that the civil penalty for a particular administrative 527
violation will be reduced if payment is received within a specified time period, then the 528
city’s receipt of either payment or a request for an initial determination prior to the 529
expiration of that specified time period will permit the recipient of the administrative 530
citation to receive that penalty reduction. However, after all requested determinations and 531
hearings have been concluded, a person may forfeit such penalty reduction by failing to 532
timely pay any civil penalty ordered by the hearing officer or administrative appeals 533
officer, as applicable. 534
535
C. The civil penalty for each violation listed on an administrative citation shall be as set 536
forth in the Salt Lake City Code. 537
538
D. If the civil penalties payable to the city remain unsatisfied, and no written request for an 539
initial determination has been timely filed, the city may use such lawful means as are 540
available to collect such civil penalties. 541
542
543
2.75.160: REQUEST FOR INITIAL DETERMINATION: 544
545
A. Any person receiving an administrative citation shall, within ten (10) calendar days, or 546
such longer period if stated on the administrative citation, either (1) comply with the 547
terms of the administrative citation, including payment of any specified civil penalty then 548
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due, or (2) file a written request for an initial determination on a form provided by the 549
department of finance. 550
551
B. Any recipient of an administrative citation may request a copy of the documents 552
maintained by the city supporting the administrative citation. 553
554
C. A request for an initial determination shall be submitted to the department of finance, 555
either electronically or by submitting a hard copy document, on a form provided by the 556
department of finance. The request shall include: 557
558
1. The administrative citation number or case file number, as applicable; 559
2. The name, physical address, telephone number, and email address of the person 560
requesting the initial determination; 561
3. A statement describing the grounds that support the person’s challenge to the 562
administrative citation, which shall set forth every theory of relief that will be presented to the 563
hearing officer; and 564
4. Any evidence the person desires to submit for the initial determination. 565
566
D. Failure by a person to timely request an initial determination shall constitute a waiver of 567
the right to any initial determination and administrative enforcement hearing and a waiver 568
of the right to challenge the administrative citation. If an initial determination is not 569
timely requested and administrative citation is not complied with then the city may elect 570
to enforce the administrative citation by any lawful means. 571
572
573
2.75.170: INITIAL DETERMINATION PROCEDURES: 574
575
A. A request for an initial determination filed in compliance with the requirements of 576
Section 2.75.160 shall be processed as follows: 577
578
1. The city shall bear the burden of proof to establish the existence of a violation of the 579
Salt Lake City Code. Such proof shall be established by a preponderance of the evidence. 580
2. The hearing officer shall review the written request for an initial determination, 581
including the arguments and evidence set forth therein; 582
3. The hearing officer shall also review any evidence related to the administrative citation 583
provided by the issuer thereof; and 584
4. The hearing officer shall issue a written determination regarding the administrative 585
citation within five (5) business days from the date the written request for an initial 586
determination is received. The hearing officer’s written decision may: 587
588
a. Dismiss the administrative citation; 589
b. Uphold the administrative citation and reduce the associated civil 590
penalty; or 591
c. Uphold the administrative citation without reducing the associated 592
civil penalty. 593
594
15
LEGISLATIVE DRAFT
B. A hearing officer shall only dismiss an administrative citation or reduce a civil penalty 595
associated therewith as follows: 596
597
1. If the person receiving the administrative citation is not the responsible party; 598
2. If the administrative citation does not comply with Section 2.75.140. 599
3. The city has failed to prove by a preponderance of the evidence that the violation 600
identified in the administrative citation occurred. 601
4. Imminent injury to persons or property would result from compliance with the 602
administrative citation. 603
5. All corrective actions outlined in the notice of violation were completed on or before 604
the compliance date. 605
6. Such mitigating circumstances expressly identified in the Salt Lake City Code 606
corresponding to the specific violation at issue. 607
7. When conducting an initial determination involving an alleged violation for 608
unauthorized use of streets, a hearing officer may only dismiss an administrative citation 609
or reduce the civil penalties corresponding to such a citation pursuant to the criteria set 610
forth in Section 12.56.570, or its successor. 611
8. Civil penalties shall not be reduced where a violation is sustained by the hearing 612
officer but the responsible person has not yet complied with the corrective action, if any, 613
identified in the administrative citation. 614
9. Or as otherwise limited by law. 615
616
C. A person adversely affected by a hearing officer’s written determination, or written 617
determination of the applicable department if the department has not elected to use an 618
hearing officer pursuant to Section 2.75.070, may appeal that written determination by 619
filing a completed request for an administrative enforcement hearing within ten (10) days 620
of the date on which the written determination was issued. A request for an 621
administrative enforcement hearing shall be made in writing on a form provided by the 622
department of finance and may be filed, either electronically or by submitting a hard copy 623
document, with the department of finance. The request shall include: 624
625
1. The administrative citation number or case file number, as applicable; 626
2. The name, address, telephone number, and email address of the person requesting the 627
hearing; 628
3. A statement describing the grounds that support the person’s challenge to the 629
administrative citation, which shall set forth every theory of relief that will be presented 630
to the administrative appeals officer; 631
4. Any evidence the person desires to submit for the administrative appeals officer’s 632
consideration; and 633
5. An administrative enforcement hearing fee as set forth in the Salt Lake City 634
consolidated fee schedule. However, in no case shall the administrative enforcement 635
hearing fee assessed be greater than the base civil penalty that corresponds to the 636
cumulative administrative violation(s) at issue. In the event that the city is the appellant, 637
no hearing fee shall be payable from either party. The hearing fee shall be due at the time 638
of filing the hearing request. An administrative enforcement hearing request shall not be 639
considered complete until the hearing fee is paid. 640
16
LEGISLATIVE DRAFT
641
a. If the citation recipient prevails at the administrative enforcement 642
hearing, the administrative enforcement hearing fee shall be refunded to 643
the citation recipient. Otherwise, no refund of the hearing fee shall be 644
granted. A modification of the administrative citation or mere reduction in 645
the civil penalty shall not render the citation recipient the prevailing party. 646
647
D. Failure by a person to timely request an administrative enforcement hearing shall 648
constitute a waiver of the right to make any further challenge regarding the administrative 649
citation or result of the initial determination. If an administrative enforcement hearing is 650
not timely requested and the hearing officer’s written determination, or the written 651
determination of the applicable department if the department has not elected to use a 652
hearing officer pursuant to Section 2.75.070, has not been complied with, then the city 653
may elect to enforce the administrative citation, or written determination to the extent it 654
modified the administrative citation, by any lawful means. 655
656
657
2.75.180: NOTICE & ATTENDANCE AT ADMINISTRATIVE ENFORCEMENT 658
HEARING: 659
660
A. Upon receipt of a request for an administrative enforcement hearing the administrative 661
appeals officer shall schedule and hold a hearing in accordance with the standards and 662
procedures adopted in Section 2.75.060. All administrative enforcement hearings shall be open 663
to the public and shall be recorded. 664
665
B. Notification of the date, time and place of the hearing shall be given a minimum of 666
twelve (12) calendar days in advance of the hearing. 667
668
C. Time Limitation: All administrative enforcement hearings shall be held within one 669
hundred eighty (180) days of the written determination by the hearing officer, or department if 670
applicable. Appeals not heard within this time frame will be considered moot and the associated 671
administrative citation withdrawn by the city. 672
673
D. If a person, without good cause, fails to appear at an administrative enforcement hearing 674
then the administrative appeals officer may (1) render a decision based solely upon the 675
arguments and evidence submitted prior to the hearing by the non-appearing party and any 676
arguments and evidence submitted by the appearing party at the hearing, or (2) grant a decision 677
by default to the appearing party. The administrative appeals officer shall have discretion to 678
determine whether good cause for an absence exists. 679
680
681
2.75.190: ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES: 682
683
A. Administrative enforcement hearings are intended to be informal in nature. Formal rules 684
of evidence and discovery shall not apply. No later than five (5) business days prior to the 685
hearing the party that did not request the hearing shall provide the other an electronic 686
17
LEGISLATIVE DRAFT
copy of any documents, photographs or other tangible evidence it intends to present at the 687
hearing and both parties shall provide a list of the witnesses that will testify at the 688
hearing. If an administrative citation arises from a complaint by a person who is not a city 689
employee, the complainant’s information shall not be disclosed or released other than the 690
inclusion of a complainant’s name in a witness list if the complainant will be a witness at 691
the hearing. 692
693
B. Each party shall have the right to be represented by an attorney at their sole cost and 694
expense. If an attorney will be representing a responsible person at a hearing, notice of 695
the attorney’s name, telephone number, and email address shall be provided at least two 696
(2) business days prior to the hearing. If such notice is not given, the hearing may be 697
continued at the city’s request, and all costs of the continuance may be assessed to the 698
responsible person. 699
700
C. No new hearing shall be granted unless the administrative appeals officer determines that 701
extraordinary circumstances exist that justify a new hearing. 702
703
D. Hearings shall be conducted in a manner as to afford the parties due process and in 704
accordance with the policies and procedures adopted pursuant to Section 2.75.060. 705
706
E. The burden to prove any defense shall be upon the party raising such defense. 707
708
F. After considering all applicable evidence, testimony, and defenses presented, the 709
administrative appeals officer shall issue a written administrative enforcement order in 710
accordance with the requirements and criteria set forth in Section 2.75.200. 711
712
713
2.75.200: ADMINISTRATIVE ENFORCEMENT ORDER: 714
715
A. After an administrative enforcement hearing, or the close of evidence, whichever occurs 716
later, the administrative appeals officer shall, within ten (10) business days, issue a written 717
administrative enforcement order that includes findings of fact and conclusions of law that 718
support the administrative appeals officer’s decision and, if applicable, the action required of the 719
responsible party to satisfy the order. If a decision is rendered at the administrative enforcement 720
hearing the administrative appeals officer may assign the party who prevailed, if represented by 721
counsel, the task of preparing proposed findings of fact and conclusions of law. 722
723
B. Depending on the nature of the administrative violation at issue, an administrative 724
appeals officer may issue an administrative enforcement order that orders any of the 725
following: 726
727
1. Dismisses an administrative citation, or dismisses one or more of the administrative 728
violations associated with the administrative citation. 729
2. Requires a responsible person to cease and desist from committing or otherwise abate 730
the conditions causing the administrative violations identified in the administrative 731
citation; 732
18
LEGISLATIVE DRAFT
3. Requires a responsible person to take any necessary corrective action to avoid 733
committing or to cease committing the administrative violations and establish 734
deadlines for the same; 735
3. Imposes civil penalties as set forth in this code; 736
4. Permits the city to enter property identified in the administrative citation and abate all 737
violations; 738
739
a. Whenever an order of abatement is entered the administrative appeals 740
officer shall also order the responsible person to pay to the city the actual 741
costs of the abatement and any administrative costs the city incurs in 742
performing the abatement. 743
744
5. Reduces the civil penalties associated with one or more administrative violations, 745
except that no such reduction shall be ordered when the violation is sustained but the 746
responsible person has not yet complied with the corrective action affirmed or 747
ordered by the administrative appeals officer; 748
6. Establishes specific deadlines for the payment of civil penalties and administrative 749
costs; 750
7. Denies, revokes, or suspends a city license, permit or other city approval; 751
8. Provides for subsequent review hearings as may be necessary to ensure compliance 752
with an administrative enforcement order; 753
9. Imposes any other applicable penalties or fees in accordance with the provisions set 754
forth in this code. 755
756
C. In considering a request to modify civil penalties imposed in connection with an 757
administrative citation an administrative appeals officer may consider any or all of the 758
following factors: 759
1. Duration, frequency, and reoccurrence of a violation; 760
2. Seriousness of a violation; 761
3. History of a violation; 762
4. Good faith effort by a responsible person to comply with the administrative citation or, 763
if applicable, the administrative enforcement order; 764
5. Prior record of city code violations; and 765
6. Any other factor appropriate to a just result. 766
767
D. Promptly after an administrative enforcement order is issued it shall be sent either by 768
mail to the address or to the email address identified on the administrative enforcement 769
hearing request. An administrative enforcement order shall be deemed final on the date it 770
is sent to such address. The deadline for appeal pursuant to Section 2.75.210.B shall be 771
extended by 7 days for order sent by mail. 772
773
E. If a responsible person fails to comply with the terms set forth in an administrative 774
enforcement order, the city may use all appropriate legal means to obtain compliance 775
thereof and recover civil penalties and administrative costs, including attorney’s fees. 776
777
778
19
LEGISLATIVE DRAFT
2.75.210: APPEAL TO DISTRICT COURT: 779
780
A. The city or any responsible person adversely affected by a final administrative 781
enforcement order may file a petition for review with the Third District Court of Utah. The scope 782
of review shall be limited to the record before the administrative appeals officer. The court shall 783
presume the final administrative enforcement order is correct and shall not reweigh the evidence. 784
The administrative enforcement order may be overturned if it is illegal or arbitrary and 785
capricious. The administrative enforcement order shall be upheld if it is supported by substantial 786
evidence. 787
788
B. A petition for review shall be barred unless it is filed within thirty (30) days after the 789
administrative enforcement order is final. 790
791
C. The recording of the administrative enforcement hearing, any available minutes, evidence 792
submitted by the parties, orders, and if available, a true and correct transcript of the proceeding, 793
shall be provided by the city to the district court after the filing of a petition for review. 794
795
D. The filing of a petition for review in district court does not stay the final decision of the 796
administrative appeals officer. 797
798
799
2.75.220: SETTLEMENT AGREEMENTS: 800
801
At any time the recipient of an administrative citation and the city may enter into a stipulated 802
settlement agreement, which shall be signed by both parties. An executed settlement agreement 803
shall be binding upon the parties thereto. Execution of such agreement shall constitute a waiver, 804
as to the merits of the administrative citation, of any right to an initial determination, an 805
administrative enforcement hearing, and an appeal to district court, to the extent not yet 806
conducted. 807
808
SECTION 3. Amending the text of Salt Lake City Code Section 2.84.100. That Section 809
2.84.100 of the Salt Lake City Code is hereby amended as follows: 810
811
2.84.100: JURISDICTION AND AUTHORITY: 812
813
The justice court shall have jurisdiction over all matters as provided by law and state statute, 814
including, but not limited to, jurisdiction and authority provided under Utah Code Annotated 815
Title 78A Chapter 7sections 78-5-104, 78-5-105, and 78-5-106, or theirits successors. In 816
accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City 817
ordinances, including, but not limited to, those civil violations which have been designated as 818
civil penalty matters, having been converted by the city from criminal violations, unless city 819
ordinances provide for a different procedure for handling such violations. Civil penalty matters 820
20
LEGISLATIVE DRAFT
shall be managed in accordance with simplified rules of procedure and evidence applicable to 821
small claims courts. 822
823
SECTION 4. Amending the text of Salt Lake City Code Section 5.02.100. That Section 824
5.02.100 of the Salt Lake City Code is hereby amended as follows: 825
5.02.100: INVESTIGATION; MAYOR’S POWERS AND DUTIES: 826
A. Investigation: The mayor or his/her designee may, pPrior to the issuance of any business 827
license required by this title, the city may investigate any applicant for such license to ensure 828
such applicant, proposed business, and proposed place of business comply with all applicable 829
laws, rules, and regulations. Such investigation may include entry into the proposed business 830
premises.if the mayor has reasonable cause to believe that the applicant: 831
832
1. Has filed an application which is incomplete, erroneous, or false in any respect; 833
2. Fails in any respect to qualify to do business in the city under any federal, state or city 834
law, rule or regulation; or 835
3. Has committed such act or acts as may be grounds for revocation or denial of a license 836
application under any federal, Utah state, or Salt Lake City law, rule or regulation; or 837
4. Investigation is provided by city ordinance. 838
839
B. Documents Productionand Witnesses: Unless the business license application is 840
withdrawn by the applicant, and no business operations are taking place without the required 841
licensetThe citymayor or his/her designee may compel the production of documents and 842
witnesses in order to conduct such investigation as provided by this section. 843
844
C. Application Denial: Upon a finding by the mayor or the designated hearing examiner that 845
the application is in fact incomplete, erroneous or false in any respect, or that the applicant is not 846
qualified to do business in the city under any federal, Utah state or city law, rule or regulation, or 847
that the applicant has committed an act or acts which would justify denial of the application, 848
such application may be denied by the mayor or the designated hearing examiner after hearing, 849
as provided in this chapter.Continuing Powers: In the event that a license is issued pursuant to 850
this title, the license holder and place of business shall be subject to ongoing inspections and 851
investigation to determine continued compliance with the terms and conditions of the license and 852
all applicable laws, rules and regulations. 853
854
SECTION 5. Amending the text of Salt Lake City Code Section 5.02.115. That Section 855
5.02.115 of the Salt Lake City Code is hereby amended as follows: 856
5.02.115: TIME LIMITATIONS: 857
A. License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city 858
has thirty (30) days in which to complete its review and approve or deny a license. If a review 859
21
LEGISLATIVE DRAFT
cannot be completed within thirty (30) days, a conditional license mayshall be issued to the 860
applicant subject to completion of the review, verifying the applicant meets all license 861
requirements. 862
863
B. Appeal Time Limit: The licensee may appeal the denial of a license by the license 864
supervisor by filing with the license supervisor a written notice of appeal. The notice must be 865
filed within ten (10) days of receipt of notice of denial of the license. 866
867
868
SECTION 6. Repealing the text of Salt Lake City Code Section 5.02.230. That Section 869
5.02.230 of the Salt Lake City Code is hereby repealed in its entirety as follows: 870
5.02.230: RESERVEDLICENSE; HEARING PROCEDURES: 871
Hearings to consider the revocation, suspension, approval, or denial of licenses issued by Salt 872
Lake City Corporation shall be held by or at the direction of the mayor. Notwithstanding the 873
provisions of any other ordinance pertaining to hearings before the mayor for the suspension or 874
revocation of licenses, such hearings may be held either before the mayor, or before any 875
hearing examiner who has been appointed by the mayor, upon the advice and consent of the 876
city council, to conduct such hearings. 877
878
SECTION 7. Amending the text of Salt Lake City Code Section 5.02.250. That Section 879
5.02.250 of the Salt Lake City Code is hereby amended as follows: 880
881
5.02.250: LICENSE; DENIAL, SUSPENSION OR REVOCATION; CONDITIONS: 882
883
A. Conditions Oof Denial, Suspension Oor Revocation: The licensee shall be responsible for 884
the operation of the licensed premises in conformance with the ordinances of the city. Any 885
business license issued by the city may be suspended or revoked, and any application for any 886
business license or for the renewal of any business license may be denied, by the mayor or the 887
designated hearing examiner, for a period of time not to exceed three (3) years after a hearing 888
held before the mayor or at the mayor's direction, upon a finding by the mayor or the designated 889
hearing examiner of a violation of or conviction ofdue to any of the following arising out of or 890
otherwise related to the application for, or the operation of, the business at issuewith respect to 891
the licensee or licensee's operator or agent: 892
893
1. The applicant or place of business does not meet the qualifications for a license; 894
2. Nonpayment of required fees; 895
3. An incomplete application; 896
4. Noncompliance with any requirement or condition associated with a city approval 897
associated with the business (i.e. conditional use permit, development agreement, 898
variance); 899
22
LEGISLATIVE DRAFT
15. A violation of or a conviction for violating any ordinance regulating or governing 900
the business for which said license was granted; or 901
26. A violation of or conviction for violating any other city ordinance or law of the 902
state which affects the health, welfare or safety of its residents, including, but not limited 903
to, a public nuisance, and which violation or conviction relates to the business so licensed 904
or to be licensed; or 905
37. A violation of or conviction for violating an ordinance which violation or 906
conviction resulted from the operation of the business so licensed; or 907
48. Any material misrepresentation or any fraud perpetrated on the licensing authority 908
through application for, or operation of, said business.; or 909
9. The applicant or licensee has refused authorized representatives of the city access 910
to the place of business for the purpose of an inspection or has interfered with such 911
representatives while in the performance of their duty in making such inspection. 912
913
914
B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to, 915
other grounds for the denial, suspension or revocation of any license as provided for by 916
ordinance. 917
918
C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding, 919
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 920
picture house or concert hall, based on a prior conviction or violation of exhibition or distribution 921
of obscene material. 922
923
924
SECTION 8. Amending the text of Salt Lake City Code Section 5.02.260. That Section 925
5.02.260 of the Salt Lake City Code is hereby amended as follows: 926
5.02.260: LICENSE; DENIAL, SUSPENSION OR REVOCATION; PROCEDURE: 927
928
A. Hearing Required; Notice: Any suspension, revocation or denial of the renewal of a 929
license may be appealed pursuant to Chapter 2.75. Suspension or revocation shall not take effect 930
until the time period for appealing the decision has expired or, if applicable, a decision is issued 931
as a result of a timely appeal.by the City shall not be imposed until a hearing is first held before 932
the Mayor or a hearing examiner appointed by the Mayor. Reasonable notice of the time and 933
place of the hearing, together with notice of the nature of the charges or complaint against the 934
licensee, premises or applicant sufficient to reasonably inform the licensee or applicant and 935
enable him/her to answer such charges and complaint, shall be served upon the licensee or 936
applicant personally or by mailing a copy to the licensee or applicant at his or her last known 937
address. 938
B. Hearing Procedures: All witnesses called at such hearings shall be sworn by a person 939
duly authorized to administer oaths, and a record of such hearing shall be made by a recording or 940
a court reporter. A licensee or applicant shall have the right to appear at the hearing in person or 941
by counsel, or both, present evidence, present argument on the licensee's or applicant's behalf, 942
cross examine witnesses, and in all proper ways defend the licensee's or applicant's position 943
23
LEGISLATIVE DRAFT
944
SECTION 9. Amending the text of Salt Lake City Code Section 5.02.270. That Section 945
5.02.270 of the Salt Lake City Code is hereby amended as follows: 946
5.02.270: NEW LICENSE APPLICATION; WAITING PERIOD REQUIRED WHEN: 947
It is unlawful for any person, firm, corporation or any agent, manager or operator of any person, 948
corporation or firm who has had a license suspended, revoked or denied by the Mayor or the 949
Mayor's designated hearing examiner to reapply for or obtain a license, or operate a business, 950
which has been so suspended, revoked or denied during the time that said license has been 951
revoked, suspended or denied or for a period of one (1) year from the effective date of said 952
suspension, revocation, or denial if no period of debarment is specified by the order of 953
suspension, revocation, or denial. 954
955
SECTION 10. Repealing the text of Salt Lake City Code Sections 5.02.280, 5.02.290, 956
and 5.02.310. That Sections 5.02.280, 5.02.290, and 5.02.310 of the Salt Lake City Code are 957
hereby repealed in their entirety. 958
5.02.280: HEARING EXAMINERS; APPOINTMENT AND POWERS: 959
960
The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the 961
City Council, and the Mayor or any hearing examiner shall have power and authority to call, 962
preside at and conduct hearings to consider the suspension, revocation, denial or approval of 963
licenses issued by Salt Lake City Corporation, including the power to examine witnesses and 964
receive evidence, compel the attendance of witnesses, and compel the production of documents. 965
966
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER: 967
968
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its 969
successor section, the hearing examiner shall issue or adopt written findings of fact and 970
conclusions of law and an order which is based upon and supported by the evidence presented at 971
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance, 972
and shall be binding upon all parties as of the date and time of such issuance. The City and the 973
licensee or applicant may appeal such findings, conclusions and order to a court of competent 974
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such 975
findings, conclusions and order. 976
977
5.02.310: SUBPOENAS: 978
979
At the request of any party, subpoenas for attendance at any hearing or for production of books, 980
papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this 981
Code or its successor chapter. 982
24
LEGISLATIVE DRAFT
983
SECTION 11. Amending the text of Salt Lake City Code Section 5.04.040. That 984
Section 5.04.040 of the Salt Lake City Code is hereby amended as follows: 985
5.04.040: BUSINESS LICENSING FEES – EXEMPTIONSLICENSE; NOT REQUIRED 986
WHEN: 987
A. Fee Exemptions: No base license fee shall be imposed under this chapter upon any 988
person: 989
1. Engaged in business for solely religious, charitable, eleemosynary, or other types of 990
strictly nonprofit purpose who is tax exempt in such activities under the laws of the 991
United States and the state of Utah; 992
2. Engaged in a business specifically exempted from municipal taxation and fees under the 993
laws of the United States and the state of Utah; 994
3. Engaged in a business operated under the supervision of the Utah State Fair Corporation 995
and located exclusively at the Utah State Fair Park during the period of the annual Utah 996
State Fair; or 997
4. Not maintaining a place of business within the city who has paid a like or similar license 998
tax or fee to some other taxing unit within the state, and which taxing unit exempts from 999
its license tax or fee, by reciprocal agreement, businesses domiciled in the city and doing 1000
business in such taxing unit. 1001
B. Disproportionate Fees: The exemptions set forth in subsections A1, A2, and A4 of 1002
this section shall not apply to any disproportionate fees which may be applicable under 1003
section 5.04.070 of this chapter to a person doing business in the city, nor to any other fees or 1004
charges which may be required under this code. 1005
C. Reciprocal Agreement: The mayor may, with approval of the city council, enter 1006
into reciprocal agreements with the proper officials of other taxing units, as may be deemed 1007
equitable and proper in effecting the exemption provided for in subsection A of this section. 1008
Nothing in this section shall preclude the city from reviewing and investigating a business 1009
license application under such a reciprocal agreement, and requiring payment of disproportionate 1010
fees or other fees or taxes imposed by any other provisions of the ordinances of the city, in the 1011
discretion of the city council. 1012
1013
SECTION 12. Amending the text of Salt Lake City Code Section 5.04.116. That 1014
Section 5.04.116 of the Salt Lake City Code is hereby amended as follows: 1015
5.04.116: LICENSE; FEE COLLECTION; CIVIL ACTIONS AUTHORIZED: 1016
25
LEGISLATIVE DRAFT
1017
A. Civil Actions: In all cases where a city ordinance requires that a license be 1018
obtained to carry on or to engage in any business, occupation or calling within the city, and the 1019
fee for such license is fixed by such ordinance, and the fee is not paid at the time or in the 1020
manner provided in said ordinance, a civil action may be brought in the name of Salt Lake City 1021
against the person failing to pay such license fee, in any court of this state having jurisdiction of 1022
such action, to recover the fee. In any case where several or diverse amounts of license fees 1023
remain due and unpaid by any such person, such several amounts of unpaid license fees may be 1024
joined as separate causes of action in the same complaint in such civil actions. 1025
B. Administrative Citation: Any unpaid license fees or penalties imposed pursuant to 1026
this title shall be issued in the form of an administrative citation and subject to Chapter 2.75. 1027
C. Other Enforcement: Nothing in this section shall be construed to prevent or in any 1028
manner interfere with the enforcement of any penalty provision contained in any ordinance of the 1029
city. 1030
1031
SECTION 13. Amending the text of Salt Lake City Code Section 5.08.230. That 1032
Section 5.08.230 of the Salt Lake City Code is hereby amended as follows: 1033
5.08.230: APPEAL PROCEDURES: 1034
1035
A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider 1036
matters relating to violations of this chapter. Civil penalties imposed pursuant to this chapter 1037
shall be subject to the procedures set forth in Chapter 2.75. 1038
1039
B. Any alarm user shall have ten (10) business days from the date of the city's written notice 1040
of a penalty assessment under this chapter to request in writing an appeal hearing before such 1041
hearing officer. The filing of an appeal with the alarm administrator shall stay the assessment of 1042
additional penalties for that violation until the hearing officer makes a final decision. The burden 1043
to prove any matter shall be upon the person raising such matter. It shall not be a defense to any 1044
penalty assessment that: 1) the false alarms were the result of faulty or malfunctioning 1045
equipment; 2) the false alarms were caused by electrical surges; or 3) the false alarms were 1046
caused by the fault of another person during noncriminal incidents. The hearing officer shall 1047
render a decision within ten (10) days after the appeal hearing is concluded. Following issuance 1048
of such decision, additional penalty assessments shall accrue until paid, as provided in this 1049
chapter. 1050
1051
C. If the hearing officer finds that no violation of this chapter occurred, or that a violation 1052
occurred but one or more of the defenses set forth in this section is applicable, Tthe hearing 1053
officer or administrative appealshearing officer, as applicable, may dismiss the penalty and 1054
release the alarm user from liability thereunder, or may reduce the penalty associated therewith 1055
as he or she shall determine if any of the following affirmative defenses are shown. Such 1056
defenses are: 1057
26
LEGISLATIVE DRAFT
1058
1. The false alarm for which the penalty has been assessed did not originate at the 1059
premises of the alarm user who has been assessed the fee; 1060
2. The alarm for which the penalty has been assessed was, in fact, not false, but was 1061
rather the result of an actual or attempted burglary, robbery or other emergency; or 1062
3. The police dispatch office was notified by the permit holder or the alarm company 1063
that the alarm was false prior to the arrival of a peace officer to the subject premises in response 1064
to the false alarm.; or 1065
4. Such other mitigating circumstances as may be approved by the city law 1066
department. 1067
1068
D. If the hearing officer finds that a false alarm did occur and no applicable defense exists, 1069
the alarm administrator may, in the interest of justice and on behalf of the city, enter into an 1070
agreement for the timely or periodic payment of the applicable fees and penalties. 1071
1072
SECTION 14. Amending the text of Salt Lake City Code Section 5.09.080. That Section 1073
5.09.080 of the Salt Lake City Code is hereby amended as follows: 1074
5.09.080: APPEALS: 1075
A. Except as set forth below, civil penalties and assessed fees imposed pursuant to 1076
this chapter shall be subject to the procedures set forth in Chapter 2.75. An owner may appeal the 1077
assessment of fees to the enforcement official. An appeal fee (see the Salt Lake City consolidated 1078
fee schedule) must accompany the appeal. Appeal fees will be returned to the owner if the appeal 1079
is upheld. The filing of an appeal with the enforcement official stays the assessment of the fee 1080
until the enforcement official makes a final decision. The owner shall file a written appeal to the 1081
enforcement official by setting forth the reasons for the appeal within fifteen (15) days after 1082
notice is mailed. 1083
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was 1084
mailed, pursuant to subsection 5.09.070A of this chapter, shall be entitled to appeal the order to 1085
the enforcement official. An appeal fee (see the Salt Lake City consolidated fee schedule) must 1086
accompany the appeal. Appeal fees will be returned to the owner if the appeal is upheld. An 1087
appeal must be made in writing stating the reason why the order to disconnect or deactivate 1088
should be withdrawn. The appeal shall be made within fifteen (15) days after notice to 1089
disconnect is mailed to the owner. The enforcement official or his or her designee shall review 1090
the facts and circumstances and shall determine whether the owner has shown good cause why 1091
the order should be withdrawn. If the enforcement official affirms the order to disconnect or 1092
deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is 1093
served upon the owner to comply with the order. The appeal of an order to disconnect or 1094
deactivate shall suspend the effective date of the order until the appeal has been acted upon by 1095
the enforcement official. 1096
1097
27
LEGISLATIVE DRAFT
SECTION 15. Amending the text of Salt Lake City Code Subsection 5.14.060.D. That 1098
Subsection 5.14.060.D of the Salt Lake City Code is hereby amended as follows: 1099
1100
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter, 1101
or whenever the Ccity has reasonable cause to believe a Code violation exists in any building or 1102
upon any premises which makes such building or premises unsafe, dangerous or hazardous, the 1103
Ccity's duly authorized representative may, after making reasonable efforts toupon obtaining 1104
permission of the owner or other person having charge or control of the premises or dwelling 1105
unit, or upon obtaining a warrant, enter a residential property or premises to inspect it or to 1106
perform any other duties imposed by this chapter. 1107
1108
SECTION 16. Amending the text of Salt Lake City Code Section 5.14.120. That Section 1109
5.14.120 of the Salt Lake City Code is hereby amended as follows: 1110
5.14.120: ENFORCEMENT: 1111
A. Enforcement of all business licensing standards, except a property’s compliance 1112
with the self-certification standards required by Section 5.14.060, shall be pursuant to Chapters 1113
5.02, 5.04, and 5.88. 1114
B. Self-Certification Standard Enforcement: In addition to any other remedies 1115
authorized by law or in this title, if the notified party fails to repair or secure the property in 1116
question, the Ccity may pursue any one (1) or more of the following additional remedies: 1117
1. Notice Of Deficiency: The building services divisionSupervisor of Housing 1118
Enforcement may record with the Salt Lake County Recorder's Office a notice of 1119
any conditions that violate the self-certification standards established by the 1120
Ccity. The notice shall be mailed to all notified parties. 1121
2. Criminal Action: Violations of the provisions of self- certification standards 1122
established by the Ccity may be punishable as a Class B misdemeanor upon 1123
conviction. 1124
3. Civil Action: Violations of self-certification standards established by the Ccity 1125
may also be enforced by injunction, mandamus, abatement, civil penalties or any 1126
other appropriate action in law or equity. 1127
CB. Civil penalties may be imposed according to the following procedures: 1128
1. Notice Of Violation: 1129
a. If the housing inspector finds that any provision of this chapter is being 1130
violated, the housing inspector shall provide a written notice to the property 1131
owner and to any other person determined to be responsible for such violation. 1132
28
LEGISLATIVE DRAFT
The written notice shall indicate the nature of the violation and order the 1133
action necessary to correct it. Additional written notices may be provided at 1134
the housing inspector's discretion. 1135
b. The written notice shall state what action the housing inspector intends to take 1136
if the violation is not corrected. The written notice shall include information 1137
regarding the established warning period for the indicated violations and shall 1138
serve to start any warning periods provided in this chapter. 1139
c. Such written notice issued by the housing inspector shall be deemed sufficient 1140
and complete when served upon the person cited: 1141
(1) Personally by the inspector or his or her representative; or by mailing, 1142
postage prepaid, by certified mail or commercial courier addressed to 1143
the person cited at the last known address appearing on the records of 1144
the County Recorder; and 1145
(2) By posting notice on the property where said violation(s) occurs. 1146
d. In cases when delay in enforcement would seriously threaten the effective 1147
enforcement of this chapter, or pose a danger to the public health, safety or 1148
welfare, the housing inspector may seek enforcement without prior written 1149
notice by invoking any of the fines or remedies authorized in this chapter. 1150
e. If the violation remains uncured within five (5) days after the expiration of the 1151
warning period, a second notice of violation shall be delivered by mail, 1152
postage prepaid, addressed to the person cited at the last known address 1153
appearing on the records of the County Recorder. The second notice of 1154
violation shall identify the date on which the civil penalties shall begin to 1155
accrue. 1156
2. Amount of Penalty: Civil penalties shall accrue as follows: 1157
a. Violations of the self-certification standards established by the Ccity: $50.00 1158
per violation per day. If more than 10 violations exist, the daily penalties shall 1159
double. 1160
3. Daily Violations: Each day a violation continues after the citation deadline shall 1161
give rise to a separate civil penalty. 1162
4. Compliance: Accumulation of penalties for violations, but not the obligation for 1163
payment of penalties already accrued, shall stop upon correction of the violation. 1164
5. Recurring Violations: In the case where a violation, which had been corrected, 1165
reoccurs within six (6) months of the initial correction, the Ccity will begin 1166
enforcement of said recurring violation and penalties will begin accruing after a 1167
ten (10) day warning period. 1168
6. Appeals: 1169
29
LEGISLATIVE DRAFT
a. Appeals Contesting the Existence of a Violation: 1170
(1) Appeals contesting the existence of the violation must done in 1171
accordance with Section 18.12.030. 1172
b. Appeals Contesting the Amount of the Penalties Imposed: any person 1173
receiving a notice of violation may appeal the civil fines imposed, but not the 1174
basis therefor (which must be done pursuant to Subsection 5.14.120.BC.6.a), 1175
in accordance with Section 18.12.050. 1176
1177
SECTION 17. Amending the text of Salt Lake City Code Section 5.14.130. That Section 1178
5.14.130 of the Salt Lake City Code is hereby amended as follows: 1179
5.14.130: REFUSAL TO PERMIT INSPECTIONS: 1180
If a rental dwelling business license holder, or an agent of such business license holder, refuses 1181
to permit the Ccity to conduct an inspection authorized under this chapter, then the Ccity has 1182
adequate grounds to: 1183
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at 1184
issue; 1185
B. Disqualify the rental dwelling at issue from participation in the Ccity's Landlord/Tenant 1186
Initiative pursuant to chapter 5.15 of this title; 1187
C. After making reasonable efforts to obtaining a warrantpermission of the owner or other 1188
person having charge or control of the premises or dwelling unit, enter a rental dwelling at issue 1189
to inspect it or to otherwise perform duties imposed by this chapter; and/or 1190
D. Pursue any and all other remedies available to the Ccity. 1191
1192
SECTION 18. Amending the text of Salt Lake City Code Section 5.15.070. That Section 1193
5.15.070 of the Salt Lake City Code is hereby amended as follows: 1194
5.15.070: DISQUALIFICATION: 1195
A. License Office Duties: If the License Office disqualifies an applicant from participating 1196
in the Landlord/Tenant Initiative Program or concludes that an owner hasreceives evidence that a 1197
rental dwelling owner or the owner's agents have, with respect to any rental dwelling, violated 1198
the provisions of this chapter or the owner's rental dwelling management agreement with the 1199
Ccity, the License Supervisor shall: 1200
30
LEGISLATIVE DRAFT
1. Notify the rental dwelling owner of the violation and the basis for such action by 1201
either: 1202
a. Certified mail or commercial courier; 1203
b. Personal service; or 1204
c. Mailing a copy of the notice to the rental dwelling owner and posting a 1205
copy of the same notice at the rental dwelling; and 1206
2. Assess the rental dwelling owner for any disproportionate rental fees 1207
corresponding to such rental dwelling that were reduced under this chapter for the currently 1208
applicable license period. 1209
B. Appeal: A rental dwelling owner or agent who receives a notification and 1210
assessment as provided in subsection A of this section may appeal such action in accordance 1211
with the procedures set forth in Chapter 2.75to the Mayor, or the Mayor's designee, by filing a 1212
written request for a hearing with the City's Business Licensing Supervisor. The hearing shall be 1213
conducted pursuant to the procedures set forth in sections 5.02.260 and 5.02.290 of this title or 1214
their successor sections. 1215
C. No Partial Reduction if DisqualifiedFinding Of Noncompliance: If the owner of a 1216
rental dwelling is disqualified fromit is determined that a rental dwelling owner has not complied 1217
with the requirements of the Landlord/Tenant Initiative Program with respect to a particular 1218
rental dwelling during any portion of the licensing period for which a reduction was provided, 1219
the rental dwelling at issue, shall be disqualified from the program, and the disproportionate 1220
rental fee reduction that corresponds to such rental dwelling shall be disallowed for the entirety 1221
of the term of such rental dwelling business license. The rental dwelling owner shall pay the full 1222
disproportionate rental fee for such rental dwelling for that year. 1223
D. Readmission: After disqualification, the rental dwelling at issue may qualify for 1224
readmission to the Landlord/Tenant Initiative Program in the next licensing year only if the 1225
rental dwelling owner has corrected the problems leading to disqualification and has paid all 1226
amounts due in the prior year. 1227
1228
SECTION 19. Amending the text of Salt Lake City Code Section 5.16.100. That Section 1229
5.16.100 of the Salt Lake City Code is hereby amended as follows: 1230
5.16.100: AUCTIONEER'S LICENSE; DENIAL OR REVOCATION CONDITIONS: 1231
An auctioneer's license may be revoked by the city license supervisor, or an application for 1232
issuance or renewal of such license may be refused by the city license supervisor., if he or she 1233
determines, after notice and hearing: 1234
A. Grounds for Revocation or Denial. 1235
31
LEGISLATIVE DRAFT
1. That the applicant or license holder has committed any of the violations set forth 1236
in sSection 5.02.250 of this title, or its successor; or 1237
B2. That the application of the applicant or license holder contains any false, 1238
fraudulent or misleading material statements; or 1239
C3. That the applicant or license holder has made any false, fraudulent or misleading 1240
material statement in the course of conducting an auction sale of, or in offering for sale at 1241
auction, any real or personal property (goods, wares or merchandise) in the city; or 1242
D4. That the applicant or license holder has perpetrated a fraud upon any person, 1243
whether or not such fraud was perpetrated in the conduct of an auction in the city; or 1244
E5. That the applicant or license holder has violated any of the statutes of the state 1245
relating to auctions or auctioneers; or 1246
F6. That the applicant or license holder has conducted an auction sale in the city or 1247
offered for sale at an auction in the city, any real or personal property (goods, wares or 1248
merchandise) in an unlawful manner, or in such a manner as to constitute a breach of the 1249
peace or a menace to the health, safety or general welfare of the public. 1250
B. Such determination may be appealed in accordance with Chapter 2.75. 1251
1252
SECTION 20. Repealing the text of Salt Lake City Code Section 5.16.110. That 1253
Section 5.16.110 of the Salt Lake City Code is hereby repealed in its entirety. 1254
5.16.110: RESERVEDDENIAL OR REVOCATION; REQUIRED NOTICE OF 1255
HEARING: 1256
Notice of the hearing provided for in the preceding section shall be given in writing to the 1257
applicant or license holder as provided in section 5.02.260 of this title, or its successor. The 1258
applicant or license holder shall have the right to be represented at such hearing by counsel. Such 1259
hearing shall be conducted in accordance with chapter 5.02 of this title, or its successor. 1260
1261
SECTION 21. Amending the text of Salt Lake City Code Section 5.40.120. That Section 1262
5.40.120 of the Salt Lake City Code is hereby amended as follows: 1263
5.40.120: LICENSE; REVOCATION CONDITIONS: 1264
Any license granted or extended under this chapter may be revoked or suspended by the Mayor 1265
or the Mayor's designated hearing examiner after a hearing, with notice being given to the 1266
licensee aspursuant to the procedures provided in cChapter 5.02 of this title, or its successor for 1267
32
LEGISLATIVE DRAFT
any of the following reasons:, resulting in an affirmative finding by the Mayor or the Mayor's 1268
designated hearing examiner in any of the following: 1269
A. Any misrepresentation made in obtaining a license; 1270
B. A conviction of, or any alleged but as yet unresolved charge that licensee has committed 1271
a crime involving moral turpitude; 1272
C. The violation of any provision of this chapter; 1273
D. A showing of any evidence which provides reasonable grounds for the Mayor to believe 1274
that the licensee has committed or aided in the preparation for or allowed his records, tools, 1275
equipment, facilities or supplies to be used for the commission of any crime. 1276
1277
SECTION 22. Repealing Salt Lake City Code Section 5.51.040. That Section 5.51.040 1278
of the Salt Lake City Code is hereby repealed. 1279
5.51.040: LICENSE ENFORCEMENT ACTION; APPLICABILITY:RESERVED 1280
License enforcement actions, as defined in section 5.51.010 of this chapter, are applicable to 1281
alcohol establishments only. Off premises beer retailers are subject, when applicable, to the 1282
enforcement requirements set forth in section 32A-10-103, Utah Code Annotated (2009) or the 1283
enforcement provisions set forth in section 5.02.260 of this title. 1284
1285
SECTION 23. Repealing Salt Lake City Code Section 5.51.050. That Section 5.51.050 1286
of the Salt Lake City Code is hereby repealed. 1287
5.51.050: LICENSE ENFORCEMENT ACTION; GROUNDS: RESERVED 1288
In addition to the grounds set forth in section 5.02.250 of this title, the following are grounds for 1289
a license enforcement action: 1290
A. Failure to comply with the terms of a conditional use permit issued by the city under title 1291
21A of this code. 1292
B. Three (3) or more serious or grave disciplinary sanctions, as defined by the Utah 1293
department of alcoholic beverage control, within a three (3) year period. 1294
C. Failure to maintain current and appropriate licensure under title 32A, Utah Code 1295
Annotated (2009), or successor provisions. 1296
1297
33
LEGISLATIVE DRAFT
SECTION 24. Repealing Salt Lake City Code Section 5.51.060. That Section 5.51.060 1298
of the Salt Lake City Code is hereby repealed. 1299
5.51.060: ALCOHOL ENFORCEMENT HEARING BOARD; MEMBERSHIP; 1300
AUTHORITY: RESERVED 1301
A. The alcohol enforcement hearing board hears license enforcement actions and determines 1302
appropriate penalties, based on the guidelines provided in section 5.51.080 of this chapter. 1303
B. The board has three (3) members: one member shall be appointed from the hospitality 1304
industry, one member shall be appointed from the community, and one member shall be 1305
appointed from the city administration. 1306
C. Appointed board members serve for a two (2) year term and may be appointed for two (2) 1307
consecutive terms. The city administration appointee serves as chair. The business licensing 1308
supervisor will provide staff support to the board. 1309
1310
SECTION 25. Repealing Salt Lake City Code Section 5.51.070. That Section 5.51.070 1311
of the Salt Lake City Code is hereby repealed. 1312
5.51.070: LICENSE ENFORCEMENT ACTION; PROCEDURES: RESERVED 1313
A. How Initiated: Upon receipt of a complaint regarding an alcohol establishment, the 1314
business license supervisor will review the complaint with the city attorney to determine whether 1315
sufficient grounds and evidence exist to initiate a license enforcement action. The business 1316
license supervisor or city attorney may request city staff to investigate further or obtain 1317
additional evidence before making a determination. 1318
B. Notice Upon Determination To Initiate A License Enforcement Action: If a 1319
determination is made that sufficient grounds exist to proceed, the business licensing supervisor 1320
will schedule a hearing before the alcohol enforcement hearing board. Thirty (30) days' written 1321
notice must be provided to the applicant or licensee. Notice may be served personally or by 1322
registered letter, return receipt requested, at the licensed premises. Receipt by any adult 1323
employee of the business constitutes adequate service. The notice must include a description of 1324
the alleged conduct underlying the complaint; a description of the potential penalties; the date, 1325
time and place the hearing will be conducted; and a statement that the licensee has the right to 1326
appear, be represented by an attorney, call witnesses and present evidence. 1327
C. Hearings: 1328
1. Hearings will be conducted before the alcohol enforcement hearing board. An 1329
audio recording must be made. 1330
34
LEGISLATIVE DRAFT
2. The applicant or licensee may be represented by an attorney, call witnesses, 1331
present evidence, and obtain administrative subpoenas from the city recorder as provided in title 1332
2, chapter 2.59 of this code. 1333
3.Strict adherence to the Utah rules of evidence is not required. The board may consider 1334
any relevant, nonprivileged oral or documentary evidence presented. 1335
4. After hearing the evidence presented, the board will make a factual determination, 1336
based on a preponderance of the evidence, whether the alleged grounds for enforcement have 1337
been proven. A finding by at least two (2) board members is sufficient to sustain a determination. 1338
The board may request that counsel for either party draft the findings of fact. 1339
5. If the board determines that there is not sufficient evidence to prove the alleged 1340
grounds for enforcement, then the matter will be dismissed. 1341
6. If the board determines that sufficient evidence exists to prove the grounds for 1342
enforcement, then it must determine the appropriate penalty based on the penalty matrix in 1343
section 5.51.080 of this chapter. The board must issue a written order, which may be drafted by 1344
counsel for either party, referencing its finding of facts, and stating the penalty imposed. 1345
1346
SECTION 26. Repealing Salt Lake City Code Section 5.51.080. That Section 5.51.080 1347
of the Salt Lake City Code is hereby repealed. 1348
5.51.080: LICENSE ENFORCEMENT ACTION; PENALTIES: RESERVED 1349
The board is authorized to suspend or revoke a license as provided under section 5.02.250 of this 1350
title. In addition, for violations of subsection 5.51.050A of this chapter, with respect to failure to 1351
comply with the terms of a conditional use permit, the following mandatory minimum penalties 1352
apply with respect to each condition for which a violation is found within a three (3) year period 1353
commencing on the date of the first offense. At the end of this three (3) year period, the tiered 1354
offense cycle starts over. 1355
A. Class I Violations: Violations of conditions that are required pursuant to the table of 1356
permitted and conditional uses found in section 21A.33.020 of this code are class I violations. 1357
1358
1. First offense $ 500.00
2. Second offense 750.00
3. Third offense 1,000.00
4. Subsequent offense 2 day suspension
1359
35
LEGISLATIVE DRAFT
B. Class II Violations: Violations of conditions added by the planning commission for the 1360
specific conditional use permit pursuant to the table of permitted and conditional uses found in 1361
section 21A.33.020 of this code are class II violations. 1362
1363
1. First offense $ 250.00
2. Second offense 500.00
3. Third offense 1,000.00
4. Subsequent offense 1 day suspension
1364
C. Multiple Violations: For purposes only of the monetary penalties in this section, violations 1365
found to have occurred on days prior to and up to five (5) days after the licensee has received 1366
notice of the hearing shall constitute a single offense. Each day of violation proved to have 1367
occurred thereafter shall constitute a separate offense. If proven at the hearing, penalties for 1368
multiple violations may be imposed in a single hearing. 1369
1370
SECTION 27. Repealing Salt Lake City Code Section 5.51.090. That Section 5.51.090 1371
of the Salt Lake City Code is hereby repealed. 1372
5.51.090: APPEAL: RESERVED 1373
The applicant or licensee and the city may appeal any action of the board to the 3rd district court. 1374
For the purpose of the appeal, the record of the hearing includes the board's written findings and 1375
order, any evidence presented to the board, and the audio recording of the hearing. 1376
1377
SECTION 28. Amending the text of Salt Lake City Code Section 5.61.380. That Section 1378
5.61.380 of the Salt Lake City Code is hereby amended as follows: 1379
5.61.380: APPEAL PROCEDURES: 1380
1381
A. If the license is denied or approved with qualifications, or if a notice of suspension, 1382
revocation or citation of a civil fine is imposed, the applicant or licensee may challenge that 1383
adverse action pursuant to the processes set forth in Chapter 2.75. file an appeal with the 1384
business licensing authority. 1385
B. Filing of an appeal must be within ten (10) days of the date of service of the notice of any 1386
denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such 1387
36
LEGISLATIVE DRAFT
appeal, the business licensing authority shall schedule a hearing before a designated hearing 1388
officer within twenty (20) days from the date of the appeal unless such time shall be extended for 1389
good cause. 1390
C. The hearing officer shall hold a public hearing on the record, and take such facts and 1391
evidence as necessary to determine whether the denial, qualified approval, suspension, 1392
revocation or civil fine was proper under the law. 1393
D. The burden of proof shall be on the city. 1394
E. After the hearing, the hearing officer shall have seven (7) working days, unless extended 1395
for good cause, in which to render findings of fact, conclusions of law, and recommended 1396
decision to the mayor. 1397
F. Either party may object to the recommendation of the hearing officer by filing the party's 1398
objection and reasons, in writing, to the mayor or the mayor's designee within seven (7) days 1399
following the recommendation. In the event the hearing officer recommends upholding a 1400
suspension or revocation, the license shall be immediately suspended, and shall remain 1401
suspended until any subsequent appeal is decided. If no objections are received within the seven 1402
(7) days, the mayor or the mayor's designee may immediately adopt the recommendation of the 1403
hearing officer. 1404
G. If objections are received, the mayor or the mayor's designee shall have ten (10) working 1405
days to consider such objections before issuing the mayor's or the mayor's designee's final 1406
decision. The mayor or the mayor's designee may, in his or her discretion, take additional 1407
evidence or require written memorandum on issues of fact or law. The standard by which the 1408
mayor or the mayor's designee shall review the decision of the hearing officer is whether 1409
substantial evidence exists in the record to support the hearing officer's recommendation. 1410
H. An applicant aggrieved by the mayor's or the mayor's designee's decision shall have 1411
judicial review of such decision pursuant to rule 65.B, Utah rules of civil procedure, or any other 1412
applicable ordinance, statute or rule providing for such review. 1413
1414
SECTION 29. Amending the text of Salt Lake City Code Section 5.63.065. That Section 1415
5.63.065 of the Salt Lake City Code is hereby amended as follows: 1416
5.63.065: DRIVER'S QUALIFICATIONS: 1417
A. Except as hereinafter set forth, no license or renewal of a pedicab driver license shall be 1418
issued to any of the following persons: 1419
1. Any person under the age of eighteen (18) years; 1420
2. Any person who is currently required to register with the sex and kidnap offender registry 1421
pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor; 1422
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or 1423
dangerous drugs, a felony conviction for an offense against a person or property, unless a 1424
37
LEGISLATIVE DRAFT
period of not less than five (5) years shall have elapsed since the date of conviction or the 1425
date of release from confinement for such offense, whichever is later; 1426
4. Any person who has been convicted of driving a vehicle recklessly within the five (5) 1427
years immediately preceding application for a license; 1428
5. Any person who has been convicted of driving a vehicle while under the influence of 1429
alcohol or a controlled substance, or of being in or about a vehicle while under the 1430
influence of alcohol or a controlled substance with the intent of driving such vehicle, 1431
within the five (5) years immediately preceding application for a license; 1432
6. Any person who has been convicted of two (2) or more felonies. 1433
B. Notwithstanding the provisions of subsection A3 or A6 of this section, if a hearing 1434
examiner conducting a hearing pursuant to section 5.63.070 of this chapter or its successor 1435
section, receives documents or testimony at a hearing that proves by a preponderance of the 1436
evidence that the applicant has reformed his/her moral character so as to pose no threat to 1437
members of the public, then the hearing examiner may issue the license. Part of the documents or 1438
testimony used to establish the preponderance shall come from the applicant's parole officer if 1439
the applicant is still on parole. An applicant's failure to provide a recommendation from the 1440
applicant's parole officer if the applicant is on parole shall constitute grounds for denying the 1441
applicant's request. 1442
1443
SECTION 30. Amending the text of Salt Lake City Code Section 5.63.070. That Section 1444
5.63.070 of the Salt Lake City Code is hereby amended as follows: 1445
5.63.070: APPEALHEARING UPON REJECTION: 1446
AnyIf the application for a pedicab driver license that is suspended, revoked, or associated 1447
applicationis rejected, the applicant/licensee shall be entitled to appeal such determination in 1448
accordance with Chapter 2.75, upon request, to a hearing before a hearing examiner as provided 1449
in chapter 5.02 of this title, or its successor. 1450
1451
SECTION 31. Amending the text of Salt Lake City Code Section 5.64.750. That Section 1452
5.64.750 of the Salt Lake City Code is hereby amended as follows: 1453
5.64.750: SUSPENSION AND REVOCATION OF LICENSE: 1454
A. In addition to any penalties that may be imposed, any license issued under this article 1455
may be suspended or revoked for any of the following reasons: 1456
38
LEGISLATIVE DRAFT
1. Fraud, misrepresentation, or knowingly false statement contained in the application 1457
for the license; 1458
2. Fraud, misrepresentation, or knowingly false statement in the course of carrying on 1459
the business of vending; 1460
3. Conducting the business of vending in any manner contrary to the conditions of the 1461
license; 1462
4. Conducting the business of vending in such a manner as to create a public nuisance; 1463
cause a breach of the peace; constitute a danger to the public health, safety, welfare, 1464
or morals; or interfere with the rights of property owners; or 1465
5. Cancellation of Utah Department of Agriculture authorization, or of the required 1466
authorization of any successor agency, for a food or beverage vending unit due to 1467
uncorrected health or sanitation violations. 1468
B. Any suspension of revocation of a license under this article shall be subject to 1469
Chapters 5.02 and 2.75. The business license administrator shall provide written notice of the 1470
suspension or revocation in a brief statement setting forth the complaint, the grounds for 1471
suspension or revocation, and notifying the licensee or permittee of the appeal procedure. Such 1472
notice shall be mailed to the address shown on the license holder's application by certified mail, 1473
return receipt requested. 1474
C. If the city revokes a vending license or permit, the fee already paid for the license 1475
or permit shall be forfeited. A person whose license or permit has been revoked under this 1476
section may not apply for a new license for a period of one year from the date that the revocation 1477
took effect. 1478
1479
SECTION 32. Repealing Salt Lake City Code Section 5.64.760. That Section 5.64.760 1480
of the Salt Lake City Code is hereby repealed. 1481
5.64.760: RESERVEDAPPEALS: 1482
If the business license administrator denies the issuance of a license or permit, suspends or 1483
revokes a license or permit, or orders the cessation of any part of the business operation 1484
conducted under the license or permit, the aggrieved party may appeal the administrator's 1485
decision in accordance with sections 5.02.260, 5.02.280, and 5.02.290 of this title. 1486
1487
SECTION 33. Amending the text of Salt Lake City Code Section 5.65.190. That Section 1488
5.65.190 of the Salt Lake City Code is hereby amended as follows: 1489
39
LEGISLATIVE DRAFT
5.65.190: DENIAL, SUSPENSION OR REVOCATION OF BUSINESS LICENSE: 1490
A. The Business License Administrator may revoke or suspend the business license 1491
or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if 1492
he/she finds: 1493
1. That such person has violated or failed to meet any of the provisions of this 1494
chapter; 1495
2. That there are grounds for denial, suspension or revocation as set forth in 1496
section 5.02.250 of this title, or its successor section, or in any other Ccity 1497
ordinance or State or Federal law or regulation; 1498
3. That such person has been convicted within the last seven (7) years of any crime 1499
involving moral turpitude, narcotic or dangerous drugs, or offenses against a 1500
person or property; 1501
4. Any required license or permit has been suspended, revoked or canceled; or 1502
5. The permittee does not have a currently effective insurance policy in the 1503
minimum amount provided in this chapter; or 1504
6. That the permittee has abandoned the use of the permit operating location for the 1505
conducting of business. The failure of a permittee to vend from a vending cart 1506
within the permittee's permit operating location for thirty (30) continuous 1507
calendar days or more, except during the period of December, January, and 1508
February, shall constitute abandonment. 1509
B. A denial, revocation, or suspension of a license shall be conducted pursuant to the 1510
procedures set forth in Chapter 5.02.Upon denial, suspension or revocation, the Business License 1511
Supervisor shall give notice of such action to the permit holder or applicant, as the case may be, 1512
in writing stating the action he/she has taken and the reasons therefor. Such notice shall contain 1513
the further provision that it shall become final and effective within ten (10) days, unless such 1514
action is the result of a failure of the permittee to maintain liability insurance as required by this 1515
chapter, or is the result of a threat to the public health, safety or welfare in which case the action 1516
shall be effective immediately upon issuance of such notice. Any person receiving such notice, 1517
other than a notice effective upon issuance, shall have ten (10) days from the date of receipt 1518
thereof to file a written request with the Business License Administrator for a hearing thereon 1519
before a hearing examiner appointed by the Mayor. Upon receipt of such request the Business 1520
License Administrator shall schedule a hearing in accordance with the procedures set forth 1521
in chapter 5.02 of this title, or its successor chapter. If the notice of denial, suspension or 1522
revocation is effective upon issuance thereof, as provided in this section, a hearing shall be held 1523
within five (5) business days of the date of issuance without any requirement of a request for 1524
such hearing from the permit holder. 1525
1526
40
LEGISLATIVE DRAFT
SECTION 34. Amending the text of Salt Lake City Code Section 5.71.010. That Section 1527
5.71.010 of the Salt Lake City Code is hereby amended as follows: 1528
5.71.010: DEFINITIONS: 1529
The following words and phrases, when used in this chapter, shall have the meanings defined 1530
and set forth in this section: 1531
AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground 1532
transportation business contracted through the department of airports to provide on demand 1533
shared ride service to and from the Salt Lake City International Airport. 1534
AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating 1535
under contract with the department of airports to provide airport shared ride service to and from 1536
the Salt Lake City International Airport. 1537
APPLICANT: An individual who has submitted an application to the department to obtain a 1538
ground transportation vehicle operator's badge pursuant to article VII of this chapter. 1539
AUTHORIZED GROUND TRANSPORTATION BUSINESS: Any business operating any 1540
ground transportation vehicle, which has a current, valid business license as required by the city 1541
and which: 1542
A. Registers the business in accordance with the requirements established by the 1543
department, and 1544
B. Is current with all fees or charges imposed by the department and city. 1545
AUTOMOBILE: Any motor vehicle with passenger seating for five (5) persons or less, not 1546
including the driver. 1547
BUS: Any licensed motor vehicle operated on the streets and highways for hire on a scheduled or 1548
nonscheduled basis with a seating capacity of twenty five (25) or more passengers, not including 1549
the driver. 1550
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1551
in the legal name of the association, including, without limitation, a corporation, limited liability 1552
company, partnership, or sole proprietorship. 1553
BUSINESS LICENSING OFFICE: The department of financedivision of building services and 1554
licensing of Salt Lake City Corporation, or its successor. 1555
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1556
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1557
chapter. 1558
COMMENT FORM OR FORM: The form described in section 5.71.270 of this chapter, or its 1559
successor. 1560
41
LEGISLATIVE DRAFT
COURTESY VEHICLE: Any motor vehicle regularly operated on Salt Lake City streets for 1561
transportation of customers and/or baggage without making a specific separate charge to the 1562
passenger for such transportation. 1563
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1564
division as may be designated by the mayor to have responsibility for the enforcement of this 1565
chapter. 1566
DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI) TAG: An electronic 1567
transponder used to identify vehicles and provide the department with vehicle data and billing 1568
information. 1569
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1570
responsibility for the enforcement of this chapter or the authorized designee of such director. 1571
DEPARTMENT INSPECTION: An inspection of a ground transportation vehicle by the 1572
department to verify that the vehicle meets the standards set by the department director, 1573
department rules and regulations, applicable contracts, and applicable city ordinances, including, 1574
without limitation, the exterior and interior of the vehicle and all associated vehicle licensing, 1575
safety, and insurance requirements. 1576
DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that 1577
a ground transportation vehicle has passed the required department inspection. These department 1578
inspection seals are nontransferable and no ground transportation vehicle may be operated 1579
without such seal. 1580
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1581
by the department director to govern commercial ground transportation operations within the 1582
city. 1583
FIXED SCHEDULE: Ground transportation service operating on a regular time schedule 1584
previously announced as to time of departure and arrival between definitely established and 1585
previously announced points along definitely established and previously announced routes 1586
regardless of whether passengers or freight are to be carried. 1587
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1588
department director to hear and rule on appeals, suspensions, and other matters related to ground 1589
transportation in and connected with the city. 1590
GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation 1591
vehicle. 1592
GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground 1593
transportation business. 1594
GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of 1595
persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare 1596
is collected. 1597
HEARING OFFICER: A hearing officer of the Salt Lake City justice court. 1598
42
LEGISLATIVE DRAFT
HOLDER: A person to whom a certificate of public convenience and necessity has been issued. 1599
HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business 1600
under contract to or directly by a motel, hotel, or other lodging business, to provide 1601
transportation of customers and/or baggage for the contracted establishment for which 1602
transportation the customer is charged a separate fee or fare, and which is subject to a contract 1603
filed with the department providing for operating the vehicle. 1604
LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a 1605
limousine or a luxury vehicle, with a driver furnished, who is dressed in professional business 1606
attire or a chauffeur's uniform. 1607
MINIBUS: Any motor vehicle with a passenger seating capacity of sixteen (16) to twenty four 1608
(24) persons, not including the driver. 1609
NAMED PARTY: The driver, vehicle owner, or authorized ground transportation business 1610
named in a civil notice issued by the city. 1611
ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by 1612
an authorized ground transportation business which is not "scheduled service" or "prearranged 1613
service" as defined in this section. 1614
OPERATOR: Persons engaged in the ground transportation business. 1615
PERSONS WITH DISABILITIES: Those persons who are not acutely ill, who do not require the 1616
services of an ambulance, and who need or desire special transportation equipment or 1617
accommodation for physical or mental infirmities. 1618
PREARRANGED SERVICE: Transportation provided by an authorized ground transportation 1619
business from points within the city to destinations within the city, or beyond, for which the 1620
authorized ground transportation business providing such transportation has recorded the name 1621
or description of prospective passenger and the date and time of the request for transportation at 1622
least thirty (30) minutes prior to the transporting of the passenger by such vehicle. 1623
SCHEDULED SERVICE: Transportation provided by an authorized ground transportation 1624
business on a fixed schedule posted with and approved by the department in advance of such 1625
transportation. 1626
SPECIAL TRANSPORTATION VEHICLE: Any motor vehicle for hire, other than an airport 1627
shared ride vehicle, ambulance, or taxicab, which vehicle is designed, equipped, and used for the 1628
transportation of persons with disabilities. 1629
SPECIALTY VEHICLES: Any vehicles that are unique in their design, or built for a specific 1630
purpose, including, but are not limited to, special conversion vehicles and classic or collector 1631
automobiles, but excluding special transportation vehicles. 1632
STARTER: A person appointed by and representing a ground transportation business who is 1633
responsible for managing the coordination of vehicles and passenger transportation for that 1634
business. 1635
43
LEGISLATIVE DRAFT
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1636
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1637
available for hire by passengers, including places otherwise marked as freight zones or other 1638
parking restricted zones if designated for use of taxicabs during specified times. 1639
TAXICAB: A motor vehicle used in the on demand, for hire transportation of passengers or 1640
baggage over public streets and not operated over a fixed route or upon a fixed schedule, but 1641
which is subject for contract hire by persons desiring special trips from one point to another, as 1642
provided under chapter 5.72 of this title, or its successor chapter, and authorized to operate in 1643
Salt Lake City by contract with the department. 1644
TERMINAL OF TRANSPORTATION: A facility or location having the primary purpose of 1645
facilitating ground transportation services, such as, but not limited to, the Salt Lake City 1646
Intermodal Hub. 1647
TRAILER: A wheeled vehicle designed to be pulled by a motor vehicle for the transportation of 1648
freight, luggage, or other items. 1649
VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger 1650
seating capacity of six (6) to twelve (12), not including the driver. 1651
VEHICLE OPERATOR'S BADGE OR OPERATOR'S BADGE: An identification badge issued 1652
by the department to an individual to signify that the individual has met the requirements to 1653
operate a ground transportation vehicle. 1654
1655
SECTION 35. Amending the text of Salt Lake City Code Subsection 5.71.300.B. That 1656
Subsection 5.71.300.B of the Salt Lake City Code is hereby amended as follows: 1657
5.71.300: CIVIL PENALTIES AND ENFORCEMENT: 1658
B. The department may revoke, suspend, or deny the application for or a renewal of 1659
an operator's badge, department automated vehicle identification tag or department inspection 1660
seal for violations of any provision of this title, department rules and regulations, or other 1661
applicable law. Such action may be appealed in accordance with Chapter 2.75.The person or 1662
business affected may request, in writing filed with the department, an appeal hearing before the 1663
ground transportation appeal committee. Any such revocation, suspension, or denial of renewal 1664
shall remain in effect until the party against whom such action is taken requests reinstatement 1665
and the ground transportation appeal committee determines that reinstatement is appropriate. 1666
1667
SECTION 36. Amending the text of Salt Lake City Code Section 5.71.310. That Section 1668
5.71.310 of the Salt Lake City Code is hereby amended as follows: 1669
44
LEGISLATIVE DRAFT
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1670
TRANSPORTATION VIOLATION: 1671
Civil notices under this chapter, other than those involving revocations, suspensions, denials or 1672
approvals of a business license, operator's badge, department automated vehicle identification 1673
tags and department inspection seal, may be contested pursuant to the procedures and processes 1674
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1675
5.88.030 of this title or its successor section. 1676
1677
SECTION 37. Repealing the text of Salt Lake City Code Section 5.71.310. That Section 1678
5.71.320 of the Salt Lake City Code is hereby repealed in its entirety: 1679
5.71.320: EXPEDITED APPEAL OF EXCLUSION: 1680
Any named party who is excluded from pursuing commercial activities under this chapter , and 1681
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1682
exclusion as provided for in this chapter, may request an expedited appeal of the action that 1683
resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to 1684
the department. The department shall promptly investigate the facts relating to such exclusion. If 1685
the evidence indicates such exclusion is improper under this chapter, the Department Director 1686
may reverse the action that resulted in such exclusion. If the Department Director does not 1687
reverse such action, the action resulting in such exclusion shall be heard and determined by the 1688
Ground Transportation Appeal Committee in accordance with the provisions of this chapter. If a 1689
preponderance of the evidence indicates such exclusion is proper under this chapter the Ground 1690
Transportation Appeal Committee shall uphold such exclusion. 1691
1692
SECTION 38. Amending the text of Salt Lake City Code Section 5.72.005. That Section 1693
5.72.005 of the Salt Lake City Code is hereby amended as follows: 1694
5.72.005: DEFINITIONS: 1695
The following words and phrases, when used in this chapter, shall have the meanings defined 1696
and set forth in this section: 1697
BUSINESS: A voluntary association legally formed and organized to carry on a business in Utah 1698
in the legal name of the association, including, without limitation, a corporation, limited liability 1699
company, partnership, or sole proprietorship. 1700
CERTIFICATE: A certificate of public convenience and necessity issued by the city. 1701
CITY: The governmental institution and landmass contained within the boundaries of Salt Lake 1702
City, Utah. 1703
45
LEGISLATIVE DRAFT
CIVIL NOTICE: A written notice of a ground transportation violation as provided under this 1704
chapter. 1705
CLEARED: That condition of a taximeter when it is inoperative with respect to all fare 1706
registration and all cumulative fare and extras charges have been set to zero dollars ($0.00). 1707
CONCESSIONAIRE: A person or entity with whom the department of airports has contracted to 1708
provide taxicab services. 1709
DEPARTMENT: The Salt Lake City dDepartment of aAirports or such other city department or 1710
division as may be designated by the mayor to have responsibility for the enforcement of this 1711
chapter. 1712
DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and approved 1713
by the department for providing taxicab or other services within the corporate boundaries of Salt 1714
Lake City, including the airport. 1715
DEPARTMENT DIRECTOR: The director of the department designated by the mayor to have 1716
responsibility for the enforcement of this chapter or the authorized designee of such director. 1717
DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted 1718
by the department director to govern ground transportation service and businesses within the 1719
city. 1720
EXTRAS: Charges to be paid by a customer or passenger in addition to the fare. 1721
FACE: That side of a taximeter upon which passenger or customer charges for hire of a taxicab 1722
are indicated. 1723
FARE: That portion of the charge for hire of a taxicab which is automatically calculated by the 1724
taximeter through the operation of the mileage and time mechanism. 1725
GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the 1726
department director to hear and rule on appeals, suspensions, and other matters related to ground 1727
transportation in and connected with the city. 1728
HAIL A TAXICAB: The act of a person to call out for, or to signal for, an in service taxicab that 1729
is not already engaged in transport of passengers to respond to the person's location for hiring 1730
and transport of persons or property. 1731
HIRED: The button on the face of a taximeter, which when activated places the taximeter in 1732
operation, signifying the start of a billing process for the person(s) engaging the use of the 1733
taxicab. 1734
IN SERVICE: A taxicab that is in use on the streets of the city, with a driver, and available for 1735
the transportation of passengers for hire. 1736
PERSON: An individual, a corporation or other legal entity, a partnership, and any incorporated 1737
association. 1738
TAXI STAND: A public place alongside the curb of a street, or elsewhere in the city, which has 1739
been designated by the mayor or the mayor's designee as reserved for the use of taxicabs 1740
46
LEGISLATIVE DRAFT
available for hire by passengers, including places otherwise marked as freight zones or other 1741
parking restricted zones if designated for use of taxicabs during specified times. 1742
TAXICAB: A motor vehicle with a seating capacity of five (5) passengers or less, not including 1743
the driver, or a van with a passenger seating capacity of six (6) to twelve (12), not including the 1744
driver, used in the on demand, for hire transportation of passengers or baggage over the public 1745
streets and not operated over a fixed route or upon a fixed schedule, but which is subject for 1746
contract hire by persons desiring special trips from one point to another and authorized to operate 1747
in Salt Lake City by contract with the department. 1748
TAXIMETER: A meter instrument or electronic device attached to a taxicab which measures 1749
mileage by the distance driven and the waiting time upon which the fare is based, and which 1750
automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a 1751
taxicab. 1752
WAITING TIME: The time when a taxicab is not in motion, from the time of hiring by a 1753
passenger to the time of discharge of passenger(s). 1754
1755
SECTION 39. Amending the text of Salt Lake City Code Subsection 5.72.855.B. That 1756
Subsection 5.72.855.B of the Salt Lake City Code is hereby amended as follows: 1757
B. The department may revoke, suspend, or deny renewal of an operator's badge, 1758
department automated vehicle identification tag or department inspection seal for violations of 1759
any provision of this title, department rules and regulations, or other applicable law. Such action 1760
may be appealed in accordance with Chapter 2.75.The person or business affected may request, 1761
in writing filed with the department, an appeal hearing before the Ground Transportation Appeal 1762
Committee. Any such revocation, suspension, or denial of renewal shall remain in effect until the 1763
party against whom such action is taken requests reinstatement and the Ground Transportation 1764
Appeal Committee determines that reinstatement is appropriate. 1765
1766
SECTION 40. Amending the text of Salt Lake City Code Section 5.72.890. That Section 1767
5.72.890 of the Salt Lake City Code is hereby amended as follows: 1768
5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 1769
TRANSPORTATION VIOLATION: 1770
Civil notices under this chapter, other than those involving revocations, suspensions, denials, or 1771
approvals of a business license, operator's badge, department automated vehicle identification 1772
tags and department inspection seal, may be contested pursuant to the procedures and processes 1773
governing the adjudication of civil notices of violation as set forth in Chapter 2.75section 1774
5.88.030 of this title or its successor section. 1775
47
LEGISLATIVE DRAFT
1776
SECTION 41. Repealing the text of Salt Lake City Code Section 5.72.900. That Section 1777
5.72.900 of the Salt Lake City Code is hereby repealed as follows: 1778
5.72.900: EXPEDITED APPEAL OF EXCLUSION: 1779
Any named party who is excluded from pursuing commercial activities under this chapter, and 1780
has not had a hearing before the Ground Transportation Appeal Committee regarding such 1781
exclusion as provided for in this chapter, such party may request an expedited appeal of the 1782
action that resulted in such exclusion. Such appeal shall be requested in writing by the party so 1783
excluded to the department. The department shall promptly investigate the facts relating to such 1784
exclusion. If the evidence indicates such exclusion is improper under this chapter, the 1785
Department Director may reverse the action that resulted in such exclusion. If the Department 1786
Director does not reverse such action, the action resulting in such exclusion shall be heard and 1787
determined by the Ground Transportation Appeal Committee in accordance with the provisions 1788
of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this 1789
chapter the Ground Transportation Appeal Committee shall uphold such exclusion. 1790
1791
SECTION 42. Amending the text of Salt Lake City Code Section 5.74.170. That Section 1792
5.74.170 of the Salt Lake City Code is hereby amended as follows: 1793
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS: 1794
A. The licensee shall be responsible for the operation of the licensed premises in 1795
conformance with this code. Upon a finding by the mayor of a violation, after hearing before the 1796
mayor, or his or her designee, or upon conviction of the licensee, operator, agent or any person 1797
of the following violations occurring in or on the premises licensed pursuant to this chapter, tThe 1798
mayorcity may revoke or suspend the license or licenses covering the businesses conducted on 1799
such premises, regardless of the ownership thereof, for a period of time up to and including one 1800
year for the following violations: 1801
1. A violation or conviction of Utah cCode section 76-9-301.8, 76-9-702, or 76-10-1802
1206; 1803
2. A violation of any provision set forth in this chapter; 1804
3. A violation or conviction of any ordinance referred to in 1805
section 5.74.040 or 5.74.070 of this chapter; or a violation or conviction of 1806
section 5.28.060 of this title or section 11.16.100 of this code, or their successors; 1807
4. Violations or convictions of any material misrepresentation, or for any fraud 1808
perpetrated on the licensing authority through application or operation of such 1809
business; 1810
48
LEGISLATIVE DRAFT
5. A violation of any law of the state, or ordinance of the city which affects the health, 1811
welfare and safety of its residents, and which violation occurred as a part of the main 1812
business activity licensed under this chapter and not incidental thereto; 1813
6. A violation or conviction of showing motion pictures for which the establishment is 1814
not properly licensed as required by this chapter. 1815
B. The foregoing provisions of this section, or its successor, notwithstanding, 1816
nothing herein shall authorize a revocation or suspension of any license of any theater, motion 1817
picture house or concert hall based on a prior conviction or violation of exhibiting or distributing 1818
obscene material. 1819
1820
SECTION 43. Amending the text of Salt Lake City Code Section 5.74.180. That Section 1821
5.74.180 of the Salt Lake City Code is hereby amended as follows: 1822
5.74.180: LICENSE; SUSPENSION OR REVOCATION; PROCEDURES: 1823
A. Hearing And Notice: Any suspension or revocation of a license pursuant to this 1824
chapter shall not be had until a hearing is first held before the mayor or the mayor's designee be 1825
conducted as provided in Chapter 5.02 of this title or its successor. Reasonable notice of the time 1826
and place of such hearing, together with notice of the nature of charges or complaint against the 1827
licensee or its premises sufficient to reasonably inform the licensee and enable him or her to 1828
answer such charges and complaint, shall be served upon the licensee as provided by the Utah 1829
rules of civil procedure. Any decision to revoke or suspend a license shall be stayed until the 1830
time period for appealing the decision has expired or a decision on any appeal is issued pursuant 1831
to the provisions of Chapter 2.75. 1832
B. Exhaustion Of Remedies: If a violation is found by the mayor or hearing 1833
examiner, or a conviction is obtained under subsection 5.74.170A1 of this chapter, or its 1834
successor, such revocation or suspension shall not take effect until the license holder or 1835
individual found in violation or convicted thereunder has had opportunity to exhaust all his or 1836
her administrative and appellate remedies. 1837
1838
SECTION 44. Amending the text of Salt Lake City Code Section 5.88.030. That Section 1839
5.88.030 of the Salt Lake City Code is hereby amended as follows: 1840
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION: 1841
1842
A. Notices of violation shall be adjudicated as civil violations in accordance with the 1843
procedures set forth in title 2, cChapter 2.75 of this Code. 1844
1845
49
LEGISLATIVE DRAFT
B. Any person having received a notice of violation, as provided in this chapter, shall appear 1846
before a City Hearing Officer and present and contest such alleged violation. 1847
1848
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1849
herein shall affect the City's burden to prove each element of the underlying charge by a 1850
preponderance of evidence. 1851
1852
D. If the City Hearing Officer finds that no violation as set forth in the notice of violation 1853
has occurred or that such a violation has occurred but one (1) or more of the affirmative defenses 1854
set forth in this section is applicable, the Hearing Officer may dismiss the notice of violation and 1855
release the recipient of the notice from liability thereunder or the Hearing Officer may reduce the 1856
penalty associated therewith. Such affirmative defenses are: 1857
1858
1. At the time of the receipt of the notice of violation, the person receiving such notice of 1859
violation: 1860
1861
a. Was not an owner or other responsible party with respect to the business at issue; and 1862
b. Did not engage in any actions or omissions that contributed to the violation at issue; 1863
2. Compliance with the subject ordinances would have presented an imminent and 1864
irreparable injury to persons or property; 1865
3. All remedial requirements outlined in the notice of violation were completed on or before 1866
the compliance date; 1867
4. Such other mitigating circumstances expressly described in this title that correspond to 1868
specific violations of an ordinance in this title; or 1869
5. Such other mitigating circumstances as may be approved by the City Attorney's Office. 1870
1871
E. Any person not satisfied with the outcome of their appearance before the City Hearing 1872
Officer with respect to the notice of violation they received, may appear before the small claims 1873
court to contest such alleged violation. 1874
1875
BF. If the alleged ordinance violation involves an ordinance for which a more specific 1876
enforcement provision is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 5.51, 5.61, 1877
5.71, or 5.72 of this title, then the more specific enforcement provisions and processes set forth 1878
in the chapter that corresponds to the violation shall supersede the provisions of this section. 1879
1880
SECTION 45. Amending the text of Salt Lake City Code Section 5.88.040. That Section 1881
5.88.040 of the Salt Lake City Code is hereby amended as follows: 1882
5.88.040: PENALTIES FOR CIVIL VIOLATIONS: 1883
A. The following penalties shall be imposed where a notice of violation is issued for 1884
a violation of the Ccity ordinances set forth in this title: 1885
1. Where a notice of violation has been issued for a first violation of a Ccity 1886
ordinance, such notice of violation shall constitute a written warning. 1887
50
LEGISLATIVE DRAFT
2. Where a notice of violation has been issued for a second violation of a Ccity 1888
ordinance, the recipient of such notice of violation shall pay a civil penalty of two 1889
hundred fifty dollars ($250.00). 1890
3. Where a notice of violation has been issued for a third violation of a Ccity 1891
ordinance, the recipient of such notice of violation shall pay a civil penalty of five 1892
hundred dollars ($500.00). 1893
4. Where a notice of violation has been issued for a fourth or subsequent violation of 1894
a Ccity ordinance, the recipient of such notice of violation shall: 1895
a. Pay a civil penalty of five hundred dollars ($500.00); and 1896
b. Shall be placed on probation for a period of one (1) year from the date on 1897
which the notice of violation was issued. 1898
5. If, during the period of probation specified in subsection A4b of this section, a 1899
notice of violation is issued for a violation of the same ordinance that resulted in 1900
such probation, then: 1901
a. The recipient of such notice of violation shall pay a civil penalty of five 1902
hundred dollars ($500.00); 1903
b. The business license of the recipient of such notice of violation shall be 1904
revoked; and 1905
c. The recipient of such notice of violation may not reapply for a new business 1906
license for at least six (6) months from the date of revocation. 1907
B. Any reference to second, third, fourth, and subsequent violations refers to repeat 1908
violations of the same Ccity ordinance that occur within a twenty four (24) month period. Unless 1909
a specified citation interval is provided by ordinance related to the specific violation or license at 1910
issue, then citations for ongoing violations may be issued every fifteen (15) calendar days. 1911
C. The Ccity may not revoke a business license pursuant to subsection A5b of this 1912
section without satisfying the due process requirements set forth in Ssections 5.02.250, 5.02.260, 1913
and 5.02.290 of this title. 1914
D. If the alleged ordinance violation involves an ordinance for which a more specific 1915
enforcement provision or penalty is set forth thereinlocated in chapter 5.08, 5.09, 5.14, 5.15, 1916
5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions, processes, 1917
and penalties set forth in the chapter that corresponds to the violation shall supersede the 1918
provisions of this section. 1919
1920
SECTION 46. Amending the text of Salt Lake City Code Section 8.04.020. That Section 1921
8.04.020 of the Salt Lake City Code is hereby amended as follows: 1922
51
LEGISLATIVE DRAFT
8.04.020: ANIMAL SERVICES: 1923
Animal services may be provided through a legally executed agreement, which includes the 1924
authority and power to enforce this title. Alternatively, the city may elect to provide its own 1925
animal services without entering into a contract with an outside provider. In the event that animal 1926
control services are provided by another political subdivision, the duly enacted ordinances and 1927
regulations of that political subdivision shall apply and supersede the requirements of this Title. 1928
1929
SECTION 47. Amending the text of Salt Lake City Code Section 8.15.025. That Section 1930
8.15.025 of the Salt Lake City Code is hereby amended as follows: 1931
1932
8.15.025: NOTICES OF VIOLATION: 1933
1934
A. Notices of violations shall be adjudicated as civil violations in the small claims court in 1935
accordance with the procedures set forth in title 2, cChapter 2.75 of this code. 1936
1937
B. Any person having received a notice of violation, as provided in this chapter, may appear 1938
before the small claims court and present and contest such alleged violation. 1939
1940
C. The burden to prove any defense shall be upon the person raising such defense. Nothing 1941
herein shall affect the city's burden to prove each element of the underlying charge by a 1942
preponderance of evidence. 1943
1944
D. If the administrative hearing officer finds that no violation as set forth in the notice of 1945
violation has occurred or that such a violation has occurred but one or more of the affirmative 1946
defenses set forth in this section is applicable, the hearing officer may dismiss the notice of 1947
violation and release the recipient of the notice from liability thereunder or the hearing officer 1948
may reduce the penalty associated therewith. Such affirmative defenses are: 1949
1950
1. At the time of the receipt of the notice of violation, the person receiving such 1951
notice of violation was not the owner or the person responsible for the animal and 1952
his/her actions did not contribute to the issuance of the notice of violation; 1953
2. Compliance with the subject ordinances would have presented an imminent and 1954
irreparable injury to persons or property; or 1955
3. Such other mitigating circumstances as may be approved by the city law 1956
department. 1957
1958
1959
SECTION 48. Amending the text of Salt Lake City Code Subsection 9.08.115.B. That 1960
Subsection 9.08.115.B of the Salt Lake City Code shall be, and hereby is, amended to read as 1961
follows: 1962
52
LEGISLATIVE DRAFT
1963
B. Any violation of this chapter shall constitute a civil violation and shall be handled as 1964
provided by title 2, cChapter 2.75 of this code. Notice of a civil violation may be given:(1) to an 1965
owner, occupant, lessee, or agent of the property by hand delivery or 2) by mailing of the notice 1966
by first class mail to the owner of record. Civil penalties shall be imposed as follows: 1967
1968
Section Of This Chapte Penalt
9.08.030G $50.00 per violatio
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 citatio
1969
1970
1971
SECTION 49. Amending the text of Salt Lake City Code Section 11.14.050. That Section 1972
11.14.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 1973
11.14.050: ADMINISTRATIVE APPEALS: 1974
1975
A. A Salt Lake City justice court shall consider matters relating to services fees. Service fees 1976
and costs imposed pursuant to this chapter shall be adjudicated as civil violations in accordance 1977
with Chapter 2.75. 1978
1979
B. Any person having received notice of the assessment of a services fee may appear before 1980
the Salt Lake City justice court and present and contest the alleged violation upon which the 1981
services fee was based. 1982
1983
C. If the Salt Lake City justice court finds that no violation occurred and one or more of the 1984
defenses set forth in this section is applicable, the justice court may dismiss the services fee 1985
notice, release the defendant from liability for the services fee, or modify the services fee as 1986
justice and equity may require. Such defenses are: 1987
1988
1. Wrong name and address on the services fee notice; 1989
2. Compliance with the subject ordinances would have presented an imminent and 1990
irreparable injury to persons or property; 1991
3. Such other mitigating circumstances as may be shown by the appellant. 1992
1993
D. If the Salt Lake City justice court finds that a services fee was properly imposed and no 1994
applicable defense exists, the justice court may, in the interest of justice and on behalf of the city, 1995
enter into an agreement for the timely or periodic payment of the services fee. 1996
1997
1998
53
LEGISLATIVE DRAFT
SECTION 50. Amending the text of Salt Lake City Code Section 12.24.016. That Section 1999
12.24.016 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2000
12.24.016: RESERVEDVEHICLE OWNER DRIVING WITHOUT OWNER'S AND 2001
OPERATOR'S SECURITY: 2002
2003
A. It is unlawful for any owner of a motor vehicle with respect to which a security is 2004
required under Utah motor vehicle owner's or operator's security laws, to drive such motor 2005
vehicle or permit such motor vehicle to be driven upon streets or highways within the corporate 2006
limits of the city, without security being in effect, as required by the Utah financial responsibility 2007
of motor vehicle owner's and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or 2008
their successor sections. 2009
2010
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2011
adjudged guilty of a violation hereof, if such person produces reasonable evidence before the 2012
justice court in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or its 2013
successor, that such security was in effect at the time such person was issued a citation for failure 2014
to have such evidence in his or her possession. Evidence of such security being in effect may be 2015
in the form of an identification card approved by the Utah department of public safety for 2016
issuance by an insurer to its insured with respect to the motor vehicle. 2017
2018
C. An increased penalty may be imposed for a second and subsequent offense within three 2019
(3) years of a previous conviction or forfeiture of penalty. 2020
2021
2022
SECTION 51. Amending the text of Salt Lake City Code Section 12.24.018. That Section 2023
12.24.018 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2024
2025
12.24.018: RESERVEDDRIVING WITHOUT OWNER'S AND OPERATOR'S 2026
SECURITY: 2027
2028
A. It is unlawful for any person to operate a motor vehicle which is subject to the 2029
requirements of insurance contained in the Utah financial responsibility of motor vehicle owner's 2030
and operator's act, section 41-12a-301 et seq., Utah Code Annotated, or their successor sections, 2031
anywhere within the corporate limits of the city, knowing that the owner of the motor vehicle 2032
does not have security in effect as required by the Utah financial responsibility of motor vehicle 2033
owner's and operator's act. 2034
2035
B. The foregoing notwithstanding, no person cited for a violation of this section shall be 2036
adjudged guilty of a violation hereof if such person produces reasonable evidence before the 2037
justice court, in accordance with the procedures set forth in title 2, chapter 2.75 of this code, or 2038
its successor, that said security was in effect at the time such person was issued a citation for 2039
failure to have such evidence in his or her possession. Evidence of such security being in effect 2040
54
LEGISLATIVE DRAFT
may be in the form of an identification card approved by the Utah department of public safety for 2041
issuance by an insurer to its insured with respect to the motor vehicle. 2042
2043
C. An increased penalty may be imposed for a second and subsequent offense within three 2044
(3) years of a previous conviction or forfeiture of penalty. 2045
2046
2047
SECTION 52. Amending the text of Salt Lake City Code Section 12.56.570. That Section 2048
12.56.570 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2049
2050
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES: 2051
2052
A. The Mayor shall appoint such Hearing Officers as he or she deems appropriate to 2053
consider matters relating to the unauthorized use of streets. 2054
2055
AB. Any person having received a citation as to unauthorized use of streetsnotice of 2056
such unauthorized use, or the owner of any vehicle employed in such use, may appeal such 2057
notice pursuant to the procedures set forth in Chapter 2.75appear before a Hearing Officer and 2058
present and contest such alleged unauthorized use. 2059
2060
C. The burden to prove any defense shall be upon the person raising such defense. 2061
2062
D. The Hearing Officer may find that no unauthorized use occurred and dismiss the ticket. 2063
2064
BE. If the hearing officer or administrative appealsHearing oOfficer, as applicable, 2065
finds that an unauthorized use occurred but one or more of the defenses set forth in this section is 2066
applicable, theythe Hearing Officer may dismiss the notice of unauthorized use and release the 2067
owner or driver from liability thereunder. Such defenses are: 2068
2069
1. At the time of the receipt of the notice, possession of the subject vehicle had been 2070
acquired by a third party in violation of the criminal laws of the State; 2071
2. If the notice of unauthorized use of streets alleges a violation of any ordinance 2072
pertaining to a parking meter, such meter was mechanically malfunctioning to the 2073
extent that its reliability is questionable; 2074
3. Compliance with the subject ordinances would have presented an imminent and 2075
irreparable injury to persons or property; 2076
4. CitationsParking notices for overtime parking at ain metered or in a time restricted 2077
zones received by a Ccity employee or guest while on official Salt Lake City business 2078
will be dismissed upon written request from the applicable Ddepartment Ddirector or 2079
designee on official letterhead or by electronic mail. The request must be made within 2080
ten (10) days of receipt of the citationnotice and must include a brief description of 2081
the reason for the request, and be submitted to the: Salt Lake City Corporation 2082
director of revenue operations, Traffic Manager, 333 South 200 East, P.O. Box 2083
55
LEGISLATIVE DRAFT
145499, Salt Lake City, UT 84114-5499. Parking violations other than overtime 2084
parking and meter violations will not be dismissed in this manner; 2085
5. Unlimited time parking by employees of other governmental entities on official 2086
business exempt vehicles will be allowed at Ccity meters and time restricted 2087
locations. In order to qualify, the exempt vehicle must either be a marked official 2088
vehicle pursuant to Section 12.56.590, or it must be included in the city’s exempt 2089
databasedisplay a placard or sticker issued by Salt Lake City Parking Enforcement or 2090
the vehicle's license plate must be registered with Salt Lake City Parking 2091
Enforcement for enrollment in any license plate recognition system used to regulate 2092
parking enforcement. Requests for placards must include a brief description of the 2093
reason for the request and be submitted to: Salt Lake City Parking Enforcement, P.O. 2094
Box 145552, Salt Lake City, UT 84114-5552. Requests for dismissals of other 2095
parking violations will may be considered and should be submitted to the: Salt Lake 2096
City Corporation director of revenue operations, Traffic Manager, 333 South 200 2097
East, P.O. Box 145499, Salt Lake City, UT 84114-5499; 2098
6. If the Hearing Officer finds that the owner of the vehicle is deceased but was living 2099
when the ticket was issued; 2100
7. If the Hearing Officer finds that the vehicle was sold by a third party with the original 2101
license plates on, and the citation was issuedticket was received prior to the sale, 2102
provided the sale is reported to the DMV and the bill of sale is submittedprovided 2103
within twenty (20) days of receipt of the parking citationnotice. 2104
2105
CF. If the hearing officer or administrative appealsHearing oOfficer, as applicable, finds that 2106
an unauthorized use occurred but one or more of the defenses set forth in this section is 2107
applicable, they Hearing Officer may reduce the penalty associated therewith, but in no event 2108
shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are: 2109
2110
1. At the time of receipt of the notice, possession of the subject vehicle had been 2111
acquired by another party pursuant to a written lease agreement or similar written 2112
agreement; 2113
2. The subject vehicle was mechanically incapable of being moved from such location; 2114
provided, however, such defense shall not apply to any vehicle which remains at such 2115
location in excess of six (6) hours; 2116
3. Any markings, signs or other indicia of parking use regulation were not clearly visible 2117
or comprehensible; 2118
4. At the time of the notice of violation a responsible person receiving such notice of 2119
violation had, but failed to properly display, a special disability group license plate or 2120
placard that was valid and relevant to the violation for which the citation was 2121
issuednotice of violation. However, a Hearing Officer may not reduce the associated 2122
civil penalty below the minimum penalty amount set forth in Utah Code section 41-2123
1a-1306, or its successor section; 2124
5. At the time a citation issued for failure to display of the notice of violation a 2125
residential parking permit a valid residential parking permit existed, but such permit 2126
was valid but not properly displayed; 2127
6. Such other mitigating circumstances as the Hearing Officer may find, with the written 2128
have been approved by the parking civil manager approval of the court's Traffic 2129
56
LEGISLATIVE DRAFT
Manager, which must include the basis for the decision. A report on such decisions is 2130
to be provided to the Mayor and City Council on a quarterly basis. 2131
2132
G. If the Hearing Officer finds that an unauthorized use occurred and no applicable defense 2133
exists, the Hearing Officer may, in the interest of justice and on behalf of the City, enter into an 2134
agreement for the timely or periodic payment of the applicable penalty. 2135
2136
DH. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) 2137
days from the receipt of the citationnotice, or ten (10) days from such date as may have been 2138
agreed to by the Hearing Officer, the cCity may use such lawful means as are available to collect 2139
such penalty, including costs and attorney fees. Such collection efforts shall be stayed while an 2140
appeal is pending before a hearing officer or administrative appeals officer pursuant to Chapter 2141
2.75. 2142
2143
2144
SECTION 53. Amending the text of Salt Lake City Code Section 14.20.110. That Section 2145
14.20.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2146
2147
14.20.110: FAILURE TO REMOVE HAIL, SNOW, ICE AND SLEET; CIVIL 2148
PENALTIES: 2149
2150
A. Any owner, occupant, lessor, or agent of property abutting a paved city sidewalk who 2151
fails to comply with sSection 14.20.070 of this chapter commitsis guilty of a civil violation. Such 2152
violation shall be handled by the Salt Lake City justice court in accordance with the procedures 2153
set forth in title 2, cChapter 2.75 of this code, or its successor. Notice of a civil violation may be 2154
given: 1) to the owner, occupant, lessor, or agent of the property by hand delivery, or 2) by 2155
mailing of the notice by first class mail to the owner of record. 2156
2157
B. The civil penalty for violation of this section shall be as set forth below: 2158
2159
1. For any property with street front footage of two hundred feet (200') or less: 2160
2161
a. Fifty dollars ($50.00) for each day hail, snow, ice or sleet is not 2162
removed from sidewalks within twenty four (24) hours; 2163
b. Seventy five dollars ($75.00) for each day hail, snow, ice or sleet is not 2164
removed from sidewalks within forty eight (48) hours; and 2165
c. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2166
not removed from sidewalks within seventy two (72) hours. 2167
2168
2. For any property with street front footage of more than two hundred feet (200'): 2169
2170
a. One hundred dollars ($100.00) for each day hail, snow, ice or sleet is 2171
not removed from sidewalks within twenty four (24) hours; 2172
57
LEGISLATIVE DRAFT
b. One hundred fifty dollars ($150.00) for each day hail, snow, ice or sleet 2173
is not removed from sidewalks within forty eight (48) hours; and 2174
c. Two hundred dollars ($200.00) for each day hail, snow, ice or sleet is 2175
not removed from sidewalks within seventy two (72) hours. 2176
2177
2178
SECTION 54. Amending the text of Salt Lake City Code Section 14.32.625. That Section 2179
14.32.625 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2180
14.32.625: APPEAL OF SUSPENSION, REVOCATION, OR STOP ORDER: 2181
2182
Any suspension or revocation or stop order by the city engineer may be appealed in accordance 2183
with the procedures set forth in Chapter 2.75by the permittee to the director of public services by 2184
filing a written notice of appeal within ten (10) days of the action of the city engineer. The 2185
director of public services shall hear such appeal, if written request therefor be timely filed, as 2186
soon as practicable, and render his/her decision within a reasonable time following filing of 2187
notice of appeal. 2188
2189
SECTION 55. Amending the Salt Lake City consolidated fee schedule. That the Salt 2190
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect 2191
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City 2192
consolidated fee schedule shall be published on the official Salt Lake City website. 2193
2194
SECTION 56. Effective Date. That this ordinance shall become effective on the date of 2195
publication. 2196
2197
2198
Passed by the City Council of Salt Lake City, Utah, this _______ day of 2199
________________, 2025. 2200
2201
______________________________ 2202
CHAIRPERSON 2203
2204
ATTEST: 2205
2206
2207
______________________________ 2208
CITY RECORDER 2209
58
LEGISLATIVE DRAFT
2210
2211
Transmitted to the Mayor on __________________________. 2212
2213
Mayor’s Action: _____Approved. _____Vetoed. 2214
2215
2216
______________________________ 2217
MAYOR 2218
2219
ATTEST: 2220
2221
2222
____________________________ 2223
CITY RECORDER 2224
2225
2226
(SEAL) 2227
2228
Bill No. _______ of 2025. 2229
Published: ____________________. 2230
2231
Ordinance Establishing Uniform Administrative Hearing Process_v8 2232
2233
2234
2235
2236
GENERAL FUNDS MISCELLANEOUS FEES
For questions regarding General Funds Miscellaneous Fees contact: TBD
Service Fee Additional Information Section
Collection Fee $64 3.16.050
Administrative Enforcement Hearing Fee $81 2.75.170
Legal Fee $248 2.75.040
Credit Card Use Surcharge 2.4%
This fee will be added at the register to all qualifying credit card
transactions described in Section 3.16.060 of the Salt Lake City Code.
**Max Galaxy, Sportsman software and Library Parking Garage does
not assess the credit card charge**
3.16.060
Pedestrian Crosswalk Flags
Plain Orange Non-Reflective Crosswalk Flag $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. No fees assessed for flags sponsored in school zones.12.76.100
Orange Reflective Crosswalk Flag $2.10
Sponsor chooses which type of flag to use and is responsible for
keeping the flags in stock. No fees assessed for flags sponsored in
school zones.
12.76.100
Return Check or EFT Transfer $20 2.61.030
Loan Application Fee $120 Each 03.16.005
Amended 06/10/2025 by Ord. 2025 - 34 Page 1
Exhibit A
or fine amount, whichever is less