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HomeMy WebLinkAboutLegislative Version Ordinance - 9/26/2025 (2) 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2025 2 3 (Amending the text of Title 11 of the Salt Lake City Code pertaining to nuisance private 4 property) 5 6 An ordinance enacting Chapter 11.18 of the Salt Lake City Code pertaining to responsible 7 business and private property ownership to abate nuisances 8 WHEREAS, the city has a significant interest in the timely and effective resolution of 9 public nuisances; 10 WHEREAS, the city acknowledges a significant public safety burden placed on the 11 citizens of the city when business owners and property owners permit nuisance activity or fail to 12 otherwise implement necessary steps to prevent the nuisance activity; 13 WHEREAS, the Salt Lake City Council has determined that the following ordinance 14 promotes the health, safety, and public welfare of the citizens of the city; and 15 WHEREAS, the City Council has determined that adopting this ordinance is in the city’s 16 best interests. 17 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 18 19 SECTION 1. Enacting Chapter 11.18 of the Salt Lake City Code. That Chapter 11.18 in 20 Title 11 of the Salt Lake City Code (Public Peace, Morals and Welfare), is hereby enacted as 21 follows: 22 CHAPTER 11.18 RESPONSIBLE PROPERTY OWNER 23 11.18.010: DEFINITIONS: 24 25 In the construction of this chapter, the following words and phrases shall be as defined as set 26 forth in this section: 27 2 LEGISLATIVE DRAFT ADMINISTRATIVE APPEALS OFFICER: As that term is defined in Section 2.75.050. 28 ADMINISTRATIVE CITATION: As that term is defined in Section 2.75.050. 29 ADMINISTRATIVE COSTS: As that term is defined in Section 2.75.050. 30 ADMINISTRATIVE ENFORCEMENT HEARING: As that term is defined in Section 31 2.75.050. 32 ADMINISTRATIVE ENFORCEMENT ORDER: As that term is defined in Section 2.75.050. 33 BUSINESS OWNER: Any person engaged in business within Salt Lake City. 34 CITY: Salt Lake City, Utah, including the mayor and all other employees of the administrative 35 branch of the city. 36 CRIMINAL CONDUCT: Any criminal offense at a place of business that can be reasonably 37 linked to a patron, invitee, manager, owner, or employee of the business, an occupant of the 38 place of business, or any person in the case of vacant property. 39 EMERGENCY CONDITIONS: One or more conditions that exist in a building or on a 40 property that create the likelihood of imminent danger to the life or safety of anyone who 41 enters or occupies the property or building. 42 ENGAGE IN BUSINESS: To conduct, manage, or carry on any business activity, as owner, 43 officer, agent, manager, employer, or lessee. 44 IMMINENT LIFE SAFETY HAZARD: Any condition that creates a serious and immediate 45 danger to life, property, health, or public safety. 46 ITEMIZED STATEMENT OF COSTS: As that term is defined in Section 2.75.050. 47 NUISANCE CONDUCT: Behavior that interferes with the health, safety or welfare of the 48 community, materially and repeatedly infringes on the quiet enjoyment of neighboring uses, or 49 results in the harassment of patrons or other persons including, but not limited to: 50 (a) criminal conduct; 51 (b) disturbance of the peace; 52 (c) illegal consumption or sale of alcoholic beverages; 53 (d) illegal drug activity; 54 (e) unlawful street or sidewalk obstruction; 55 (f) gambling and illegal gaming activities; 56 (g) harassment of passers-by; 57 (h) prostitution; 58 (i) public urination or defecation; 59 (j) lewd conduct; 60 3 LEGISLATIVE DRAFT (k) litter; 61 (l) unlawful discharge of hazardous materials; 62 (m) parking violations; 63 (n) open storage of unlicensed, inoperable, unused or abandoned vehicles or vehicle parts, 64 unless the property is licensed for such use; 65 (o) open storage of junk, scrap metal, lumber, wastepaper products, building materials, 66 machinery and associated parts, interior household furniture, appliances, tree limbs and 67 cuttings, landscape debris, garbage, industrial waste, other spent, useless, worthless or 68 discarded materials, or materials stored or accumulated for the purpose of discarding 69 materials that have served their original purpose; 70 (p) fouling of the air with offensive odors or contaminants, excessive dust, or excessive 71 loud noise; 72 (q) owning, operating or conducting a vehicle chop shop in any building or structure, 73 including a lot or curtilage, for the purpose of dealing in stolen vehicles or stolen vehicle 74 parts or illegally obtaining and altering vehicles or vehicle identification numbers of 75 vehicle parts; 76 (r) vehicles parked on the sidewalk; 77 (s) use of street parking spaces or sidewalk for open storage, sale, or rental of goods, or 78 storage or repair of inoperable vehicles; 79 (t) unlawful firearms possession by a patron; 80 (u) illegal dumping; 81 (v) unlawful junk dealer operations; 82 (w) obstruction of an investigation of nuisance behavior; 83 (x) repeated or continuing violations of any other City ordinance and/or regulations; or 84 (y) any other activity that constitutes a public nuisance under state law. 85 OBSTRUCTION OF AN INVESTIGATION: Any obstruction of, interference with or other 86 impediment of the investigation of nuisance conduct or serious violent behavior by a business 87 owner, property owner, or other responsible person. 88 PERSON: As that term is defined in Section 2.75.050. 89 PLACE OF BUSINESS: A location maintained or operated by a person within the city at 90 which business activities take place. Place of business includes a parking lot owned or leased 91 by the business, parking areas traditionally used by patrons or employees of the business, and 92 the public rights-of-way adjacent to the business premises as it is used by persons attracted to 93 the business. 94 REMEDIAL MEASURES: Specific, verifiable actions taken by a responsible party that are 95 substantially likely to reduce, eliminate or prevent recurrence of the nuisance conduct or 96 serious violent behavior at issue. 97 RESPONSIBLE PERSON: As that term is defined in Section 2.75.050. 98 SERIOUS VIOLENT BEHAVIOR. Conduct that would constitute any of the following 99 offenses as defined by state law: homicide, murder, aggravated assault, rape, or sexual assault. 100 4 LEGISLATIVE DRAFT 11.18.020: PURPOSE AND INTENT: 101 Business owners and property owners shall properly manage their property and place of 102 businesses to prevent them from becoming a nuisance to public safety personnel, adjacent 103 public property, neighboring residents or businesses, or deteriorating into havens for crime or 104 the spread of disease. This chapter creates a system to initiate administrative actions to abate 105 nuisance conduct and serious violent behavior and to impose civil fines or other penalties if a 106 business owner or a property owner fails to take all remedial measures to address the identified 107 nuisance conduct or serious violent behavior. 108 11.18.030: EXISTING LAW CONTINUED: 109 The provisions of this chapter shall not invalidate any other title, chapter, or ordinance of this 110 Code, but shall be read in conjunction with those titles, chapters, and ordinances and shall be 111 used as an additional remedy for enforcement of violations thereof. 112 11.18.040: CRIMINAL OR CIVIL PROSECUTION; EMERGENCY POWERS: 113 A. The city shall have sole discretion in deciding whether to pursue remedies to address 114 nuisance conduct or serious violent behavior under this chapter, to file a civil nuisance action 115 under this chapter or under state law, to bring criminal charges, to order suspension or 116 revocation of business licenses, to order immediate action to terminate or abate nuisance 117 conduct, to pursue administrative enforcement actions for the violation of any of its ordinances 118 or applicable code requirements, or any combination thereof, or to pursue any other remedy 119 available under the law. City officials are permitted to exercise executive discretion in 120 determining which course of enforcement to pursue, taking into consideration the severity of 121 an incident, the culpability of involved parties, the history of the involved property, and 122 whether other circumstances exist that exacerbate the public impact of the nuisance conduct or 123 serious violent behavior. 124 B. The enforcement of the provisions of this chapter does not prevent the city from 125 pursuing other remedies for specific violations, including fines, abatement, suspension, 126 revocation, injunctions, or other penalties. Specific violations may be considered nuisance 127 conduct or serious violent behavior under this chapter, even if the business owner or property 128 owner has already incurred civil or criminal penalties related to that offense. 129 C. Nothing in this chapter shall prevent the city from abating nuisance conduct or serious 130 violent behavior that denigrates the public health and welfare in a declared emergency. 131 D. Each day a violation exists shall be considered a separate offense and may give rise to a 132 separate citation, charge or other remedy. 133 11.18.050: ACTS INCLUDE CAUSING, ATTEMPTING, AIDING, AND ABETTING: 134 5 LEGISLATIVE DRAFT Whenever an act, condition, or omission is referred to or made unlawful in this chapter, it shall 135 include causing, attempting to cause, permitting, aiding, or abetting such act, condition, or 136 omission. 137 11.18.060: DUTY TO PROPERLY MANAGE: 138 Every property owner and business owner shall have a duty to properly manage their private 139 property or place of business, as applicable, to prevent the creation of a nuisance to 140 neighboring businesses, residents, passers-by, or the public, that results from nuisance conduct 141 or serious violent behavior by patrons, guests, employees, occupants, or those who frequent the 142 business premises or the property, regardless of whether the persons are owners, invitees, or 143 trespassers. 144 11.18.070: NUISANCE DECLARED 145 A. Pursuant to Utah Code Section 10-8-60, the city has determined the quiet enjoyment of 146 property and the general health, safety, and welfare of the community are intolerably 147 impaired—and a public nuisance exists—when nuisance conduct or serious violent behavior 148 occurs at any private property or place of business. 149 B. A business owner or property owner is presumed to have created a nuisance if (1) 150 within 180 consecutive days, not less than 3 separate incidents of nuisance conduct or serious 151 violent behavior occur at or within the property, (2) for ongoing violations of this Chapter the 152 nuisance conduct has persisted for 30 days or more, or (3) in connection with a place of 153 business there are 5 or more calls for service for nuisance conduct in a 30 day period. This 154 presumption may be rebutted if the responsible party demonstrates that it took all reasonable 155 steps, including implementing the remedial measures directed by the city, to prevent 156 reoccurrence of the nuisance conduct or serious violent behavior occurring at or within the 157 property. 158 11.18.080: DECLARATION OF NUISANCE & ADMINISTRATIVE CITATION: 159 A. The city may declare the existence of nuisance, as described under Section 11.18.070 at 160 any time. Notwithstanding any other provision of this code, a declaration of nuisance may be 161 combined with any other notice from the city to the responsible party. 162 B. Administrative Citation. Upon a determination that a business or private property has 163 created a nuisance the city may issue an administrative citation. 164 1. The written citation shall state: 165 166 a. The name and address, if known, of the responsible party; 167 b. The date and location of each violation; 168 c. The nature of the nuisance conduct or serious violent behavior; 169 6 LEGISLATIVE DRAFT d. That the nuisance must be corrected; 170 e. Provide a specific date by which the corrective action ordered by the 171 enforcement official be taken; 172 f. The remedies, including any civil fines, that the enforcement official intends 173 to pursue if corrective action is not taken; 174 g. Recommendations regarding potential remedial measures and an opportunity 175 for the responsible party to demonstrate use of remedial measures to the city; 176 h. Identification of the procedure to appeal the citation; and 177 i. The signature of the enforcement official. 178 179 2. The enforcement official shall serve the administrative citation on the responsible 180 party by: 181 a. Posting a copy of the administrative citation at the property, and 182 b. By mailing the administrative citation through certified mail or 183 reputable mail tracking service that is capable of confirming delivery. 184 If the responsible party is the property owner of record, then mailing 185 shall be to the last known address appearing on the records of the Salt 186 Lake County Recorder. If the responsible party is any other person or 187 entity other than the owner of record, then mailing shall be to the last 188 known address of the responsible party on file with the city. 189 c. Notwithstanding the foregoing, personal service upon the responsible 190 party shall be sufficient to meet the service requirements of Subsection 191 11.18.080.B.2.b. 192 193 3. Corrective Action: Following the issuance of an administrative citation the 194 responsible party shall either: 195 a. Demonstrate that remedial measures have been implemented to 196 address the nuisance conduct or serious violent behavior that led to the 197 nuisance declaration, or 198 b. Enter into a nuisance abatement plan pursuant to Section 11.18.090. 199 200 4. Failure to Correct: If corrective action has not been undertaken by the deadline 201 identified in the administrative citation, the city may pursue any remedy, 202 including civil fines identified in Section 11.18.110. 203 11.18.090: NUISANCE ABATEMENT PLANS: 204 A. Any nuisance abatement plan executed by a responsible party and the city shall certify 205 the responsible party’s agreement to take all necessary and appropriate measures to reduce, 206 eliminate or prevent future recurrence of each nuisance conduct and each serious violent 207 behavior giving rise to nuisance declaration. Such measures may include, but are not limited to, 208 the following: 209 210 1. Removal of unlawful items; 211 7 LEGISLATIVE DRAFT 2. Taking steps to prevent the specific nuisance conduct or serious violent behavior, 212 personally or through an agent such as a private security company; 213 3. Hiring sufficient licensed and insured security personnel to patrol the property 214 and the abutting sidewalks; 215 4. Documenting proactive efforts with the police department regarding nuisance 216 behavior or serious violent behavior activities; 217 5. Participating in regular meetings with community-based organizations at which 218 specific efforts to address nuisance behavior or serious violent behavior are 219 discussed; 220 6. Installing and maintaining improved lighting at each point of entry to and exit 221 from the property and in designated common areas, if any; 222 7. Installing and maintaining surveillance cameras that are at all times: (i) active and 223 operational at each point of entry to and exit from the business or property, in 224 designated common areas and in interior spaces where business operations are 225 conducted, on the street abutting the business, and any other locations where prior 226 nuisance conduct or serious violent behavior has been reported; (ii) disclosed to 227 the public through posted notice on the premises; (iii) illuminated in such a 228 manner so as to enable persons entering and exiting the business or property to be 229 visible and identified on recorded footage; and (iv) maintaining recorded footage 230 for not less than 6 months after the recording occurs; 231 8. Installing metal detectors to screen persons visiting the business; 232 9. Maintaining an internal log or incident reporting system documenting the owner's 233 response to specific incidents of illegal activity inside the property or on the 234 abutting sidewalk; 235 10. Displaying signage identifying prohibited behavior at the property; 236 11. Making specific efforts to address litter and other cleanliness issues, such as 237 additional or larger refuse bins, more frequent or targeted cleaning, signage, 238 enhanced refuse bins, and changing business operations or products to reduce the 239 likelihood of litter creation; 240 12. Installing soundproofing insulation or taking other steps to control noise; 241 13. Changing the hours of operation in a manner designed to reduce the likelihood of 242 nuisance conduct or serious violent behavior; 243 14. Changing business operations or products sold in a manner designed to reduce the 244 likelihood of nuisance conduct or serious violent behavior; 245 15. Removing any drug paraphernalia offered for sale or display in violation of 246 applicable zoning requirements from the premises; 247 16. Providing surveillance camera footage to law enforcement upon request; and 248 17. Any other measures likely to abate or prevent the recurrence of the nuisance 249 behavior or serious violent behavior. 250 251 B. Term: Executed plans shall be effective for a minimum of 12 months, and may be 252 extended by mutual agreement, or if ordered by the administrative appeals officer, if another 253 nuisance is declared at the property prior to expiration of the plan. 254 255 C. Remedies: All nuisance abatement plans shall identify remedies to the city if the 256 responsible party does not comply with the plan. These remedies may include, but are not limited 257 8 LEGISLATIVE DRAFT to: granting the city the ability to enter and abate the nuisance with recovery of costs associated 258 therewith to be made by the responsible party to the city upon presentation of an itemized 259 statement of costs; financial penalties; reduction in business operating hours; temporary closure 260 of the property or business; making some portions of the property inaccessible; and prohibiting 261 all alcohol sales or consumption on the property. 262 11.18.100: APPEALS: 263 A responsible party may appeal an administrative citation within ten (10) days of its issuance 264 pursuant to Chapter 2.75. 265 11.18.110: ADMINISTRATIVE REMEDIES: 266 A. Civil Fines: A property or business subject to a nuisance declaration may be subject to a 267 range of penalties that increase in severity. These penalties progress as follows: 268 1. If a responsible party fails to complete a corrective action by the deadline set 269 forth in an administrative citation, then for a first violation a fine shall be 270 assessed in the amount of $500. 271 2. If a responsible party receives an administrative citation within 12 months of a 272 first violation and does not enter into a nuisance abatement plan then a fine shall 273 be assessed in the amount of $750, which shall constitute a second violation. 274 3. If a responsible party receives an administrative citation within 12 months of a 275 second violation and does not enter into a nuisance abatement plan, then a fine 276 shall be assessed in the amount of $1,000, which shall constitute a third 277 violation. 278 4. If a responsible party receives an administrative citation within 12 months of a 279 third or any subsequent violation and does not enter into a nuisance abatement 280 plan, then a fine shall be assessed in the amount of $1,000. 281 B. Revocation of Business License: In the event more than two citations are issued in any 282 12 month period, and the business at issue is not then a party to and in compliance with a 283 nuisance abatement plan, then the city may suspend or revoke the associated business license 284 pursuant to Chapter 5.02. 285 C. Orders by the Administrative Appeals Officer: In the event of an appeal of an 286 administrative citation, the administrative appeals officer may: 287 1. Order that the responsible party and the city enter into a nuisance abatement 288 plan consistent with Section 11.18.090 with the measures as directed by the 289 administrative appeals officer. 290 9 LEGISLATIVE DRAFT 2. Grant the city an abatement order. 291 a. The order of abatement can require the responsible party to correct the 292 nuisance and can authorize the city to abate such nuisance if the 293 responsible party does not timely perform the abatement. 294 b. In the event the city proves that nuisance conduct or conditions pose a 295 reasonably imminent danger to human health or human life, unabated, 296 the administrative appeals officer shall order the abatement as requested 297 by the city. In such circumstances the city may perform the abatement of 298 the nuisance at the first possible opportunity. 299 c. The abatement order must permit the city to charge the responsible party 300 for the costs the city incurs in abating the nuisance. The costs may be 301 appealed to the administrative appeals officer pursuant to Section 302 11.70.150. 303 3. Revoke a business license without the right to apply for another license at the 304 property or another business premises for at least six months. 305 Orders of an administrative appeals officer issued pursuant to this Chapter are each an 306 administrative enforcement order that may be appealed in accordance with 2.75.210. 307 11.18.120: CONTINUING SUPERVISION: 308 A. When an administrative citation is not timely appealed or an administrative appeals 309 officer has affirmed the city’s nuisance declaration, the responsible party is subject to 310 continued supervision by an administrative appeals officer for twelve (12) months or the term 311 of any applicable nuisance abatement plan. During that time, the administrative appeals officer 312 may schedule review hearings to track the responsible party’s compliance with any nuisance 313 abatement plan or abatement order, impose previously suspended penalties, and hold a hearing 314 to consider any claim by the city that a responsible party has not complied with a nuisance 315 abatement plan ordered by the administrative appeals officer pursuant to Section 11.18.110. 316 B. At a hearing on a failure to comply with a nuisance abatement plan entered pursuant to 317 11.18.110, the administrative appeals officer shall consider the steps taken by the responsible 318 party and determine whether such party has fulfilled its obligations under the nuisance 319 abatement plan. 320 1. During a hearing reviewing a failure to comply with a nuisance abatement plan, 321 the underlying nuisance declaration cannot be disturbed. 322 2. In the event the administrative appeals officer finds that the responsible party 323 failed to comply with any obligation under the nuisance abatement plan, the 324 administrative appeals officer shall impose one or more remedies as set forth in the 325 nuisance abatement plan. 326 10 LEGISLATIVE DRAFT C. Each new administrative citation may be appealed. Such appeals are limited to a review 327 of the nuisance conduct or serious violent behavior identified in the administrative citation and 328 may not address previous administrative citations that were not timely appealed or orders by an 329 administrative appeals officer that were not timely appealed. 330 11.70.170: DECLARATION OR DETERMINATION TO FOLLOW BUSINESS OWNER 331 AND PROPERTY LOCATION: 332 A declaration or determination of nuisance conduct or serious violent behavior follows the 333 business owner and/or runs with the property. A declaration or determination of nuisance 334 conduct or serious violent behavior is not eliminated by transferring the property or the 335 business to another person or entity, changing the name of the business, or moving the business 336 to a new location. Transfer of business ownership shall not terminate any nuisance abatement 337 plan in effect with respect to a nuisance business. The acquiring business owner shall be 338 responsible for compliance with any enforcement action pending against the nuisance business 339 and prior business owner. 340 341 342 SECTION 2. Effective Date. This ordinance shall become effective on the date of its 343 first publication. 344 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 345 2025. 346 ______________________________ 347 CHAIRPERSON 348 349 350 ATTEST AND COUNTERSIGN: 351 352 ______________________________ 353 CITY RECORDER 354 355 356 Transmitted to Mayor on _______________________. 357 358 Mayor’s Action: _______Approved. _______Vetoed. 359 360 ______________________________ 361 MAYOR 362 ______________________________ 363 CITY RECORDER 364 11 LEGISLATIVE DRAFT (SEAL) 365 366 Bill No. ________ of 2025. 367 Published: ______________. 368 Responsible Property Owner Ordinance(legislative)v4 369 370 371