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HomeMy WebLinkAboutLegislative Version Ordinance - 3/2/2026 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2026 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: An y 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 th at 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) open storage of unlicensed, inoperable, unused or abandoned vehicles or vehicle parts, 63 unless the property is licensed for such use ; 64 (n) open storage of junk, scrap metal, lumber, wastepaper products, building materials, 65 machinery and associated parts, interior household furniture, appliances, tree limbs and 66 cuttings, landscape debris, garbage, industrial waste, other spent, useless, worthless or 67 discarded materials, or materials stored or accumulated for the purpose of discarding 68 materials that have served their original purpose; 69 (o) fouling of the air with offensive odors , contaminants, or excessive dust; 70 (p) owning, operating or conducting a vehicle chop shop in any building or structure, 71 including a lot or curtilage, for the purpose of dealing in stolen vehicles or stolen vehicle 72 parts or illegally obtaining and altering vehicles or vehicle identification numbers of 73 vehicle parts; 74 (q) vehicles parked on the sidewalk; 75 (r) use of street parking spaces or sidewalk for open storage, sale, or rental of goods, or 76 storage or repair of inoperable vehicles; 77 (s) unlawful firearms possession by a patron; 78 (t) illegal dumping; 79 (u) unlawful junk dealer operations; 80 (v) idle and unfinished exterior construction activity, including site development work such 81 as excavation or grading, for which there is no active permit(s); 82 (w) graffiti viewable from any public right of way ; 83 (x) obstruction of an investigation of nuisance behavior; 84 (y) repeated or continuing violations of any other city ordinance and/or regulations; or 85 (z) any other activity that constitutes a public nuisance under state law. 86 OBSTRUCTION OF AN INVESTIGATION: Any obstruction of, interference with or other 87 impediment of the investigation of nuisance conduct or serious violent behavior by a business 88 owner, property owner, or other responsible person. 89 PERSON: As that term is defined in Section 2.75.050. 90 PLACE OF BUSINESS: A location maintained or operated by a person within the city at 91 which business activities take place. Place of business includes a parking lot owned or leased 92 by the business, parking areas traditionally used by patrons or employees of the business, and 93 the public rights -of-way adjacent to the business premises as it is used by persons attracted to 94 the business. 95 REMEDIAL MEASURES: Specific, verifiable actions taken by a responsible p erson that are 96 substantially likely to reduce, eliminate or prevent recurrence of the nuisance conduct or 97 serious violent behavior at issue. 98 RESPONSIBLE PERSON: As that term is defined in Section 2.75.050. 99 4 LEGISLATIVE DRAFT SERIOUS VIOLENT BEHAVIOR. Conduct that would constitute any of the following 100 offenses as defined by state law: homicide, murder, aggravated assault, rape, or sexual assault. 101 11.18.020: PURPOSE AND INTENT: 102 Business owners and property owners shall properly manage their property and place of 103 businesses to prevent them from becoming a nuisance to public safety personnel, adjacent 104 public property, neighboring residents or businesses, or deteriorating into havens for crime or 105 the spread of disease. This chapter creates a system to initiate administrative actions to abate 106 nuisance conduct and serious violent behavior and to impose civil fines or other penalties if a 107 business owner or a property owner fails to take all remedial measures to address the identified 108 nuisance conduct or serious violent behavior . 109 11.18.030: EXISTING LAW CONTINUED: 110 The provisions of this chapter shall not invalidate any other title, chapter, or ordinance of this 111 Code, but shall be read in conjunction with those titles, chapters, and ordinances and shall be 112 used as an additional remedy for enforcement of violations thereof. 113 11.18.040: CRIMINAL OR CIVIL PROSECUTION; EMERGENCY POWERS: 114 A. The city shall have sole discretion in deciding whether to pursue remedies to address 115 nuisance conduct or serious violent behavior under this chapter, to file a civil nuisance action 116 under this chapter or under state law, to bring criminal charges, to order suspension or 117 revocation of business licenses, to order immediate action to terminate or abate nuisance 118 conduct, to pursue administrative enforcement actions for the violation of any of its ordinances 119 or applicable code requirements, or any combination thereof, or to pursue any other remedy 120 available under the law. City officials are permitted to exercise executive discretion in 121 determining which course of enforcement to pursue, taking into consideration the severity of 122 an incident, the culpability of involved parties, the history of the involved property, and 123 whether other circumstances exist that exacerbate the public impact of the nuisance conduct or 124 serious violent behavior . 125 B. The enforcement of the provisions of this chapter does not prevent the city from 126 pursuing other remedies for specific violations, including fines, abatement, suspension, 127 revocation, injunctions, or other penalties. Specific violations may be considered nuisance 128 conduct or serious violent behavior under this chapter, even if the business owner or property 129 owner has already incurred civil or criminal penalties related to that offense. 130 C. Nothing in this chapter shall prevent the city from abating nuisance conduct or serious 131 violent behavior that denigrates the public health and welfare in a declared emergency. 132 D. Each day a violation exists shall be considered a separate offense and may give rise to a 133 separate citation, charge or other remedy. 134 5 LEGISLATIVE DRAFT 11.18.050: ACTS INCLUDE CAUSING, ATTEMPTING, AIDING, AND ABETTING: 135 Whenever an act, condition, or omission is referred to or made unlawful in this chapter, it shall 136 include causing, attempting to cause, permitting, aiding, or abetting such act, condition, or 137 omission. 138 11.18.060: DUTY TO PROPERLY MANAGE: 139 Every property owner and business owner shall have a duty to properly manage the ir private 140 property or place of business, as applicable, to prevent the creation of a nuisance to 141 neighboring businesses, residents, passers -by, or the public, that results from nuisance conduct 142 or serious violent behavior by patrons, guests, employees, occupants, or those who frequent the 143 business premises or the property, regardless of whether the persons are owners, invitees, or 144 trespassers. 145 11.18.070: NUISANCE DECLARED 146 A. Pursuant to Utah Code Section 10-8-60, the city has determined the quiet enjoyment of 147 property and the general health, safety, and welfare of the community are intolerably 148 impaired—and a public nuisance exists —when nuisance conduct or serious violent behavior 149 occurs at any private property or place of business. 150 B. A business owner or property owner is presumed to have created a nuisance if : 151 1. within 180 consecutive days, not less than 3 separate incidents of nuisance conduct or 152 serious violent behavior occur at or within the property, 153 2. for nuisance conduct subparts (k), (m), (n), (v) and (w) defined in Section 11.18.010, 154 such conditions at the property have persisted for 30 days or more, or 155 3. in connection with a place of business there are 5 or more calls for service for nuisance 156 conduct in a 30 day period . 157 This presumption may be rebutted if the responsible person demonstrates that it took all 158 reasonable steps, including implementing the remedial measures directed by the city, to 159 prevent reoccurrence of the nuisance conduct or serious violent behavior occurring at or within 160 the property. 161 11.18.080: DECLARATION OF NUISANCE & ADMINISTRATIVE CITATION: 162 A. The city may declare the existence of nuisance, as described under Section 11.18.070 at 163 any time. Notwithstanding any other provision of this code, a declaration of nuisance may be 164 combined with any other notice from the city to the responsible person. 165 6 LEGISLATIVE DRAFT B. Administrative Citation . Upon a determination that a business or private property has 166 created a nuisance the city may issue a n administrative citation . 167 1. The written citation shall state: 168 169 a. The name and address, if known, of the responsible person; 170 b. The date and location of each violation; 171 c. The nature of the nuisance conduct or serious violent behavior; 172 d. That the nuisance must be corrected; 173 e. Provide a specific date by which the corrective action ordered by the 174 enforcement official be taken; 175 f. The remedies, including any civil fines, that the enforcement official intends 176 to pursue if corrective action is not taken; 177 g. Recommendations regarding potential remedial measures and an opportunity 178 for the responsible person to demonstrate use of remedial measures to the city; 179 h. Identification of the procedure to appeal the citation; and 180 i. The signature of the enforcement official. 181 182 2. The enforcement official shall serve the administrative citation on the responsible 183 person by: 184 a. Posting a copy of the administrative citation at the property, and 185 b. By mailing the administrative citation through certified mail or 186 reputable mail tracking service that is capable of confirming delivery. 187 If the responsible person is the property owner of record, then mailing 188 shall be to the last known address appearing on the records of the Salt 189 Lake County Recorder. If the responsible person is any other person or 190 entity other than the owner of record, then mailing shall be to the last 191 known address of the responsible person on file with the city. 192 c. Notwithstanding the foregoing, personal service upon the responsible 193 person shall be sufficient to meet the service requirements of 194 Subsection 11.18.080.B.2.b. 195 196 3. Corrective Action: Following the issuance of an administrative citation the 197 responsible person shall either: 198 a. Demonstrate that remedial measures have been implemented to 199 address the nuisance conduct or serious violent behavior that led to the 200 nuisance declaration, or 201 b. Enter into a nuisance abatement plan pursuant to Section 11.18.090. 202 203 4. Failure to Correct: If corrective action has not been undertaken by the deadline 204 identified in the administrative citation, the city may pursue any remedy, 205 including civil fines identified in Section 11.18.110. 206 7 LEGISLATIVE DRAFT 11.18.090: NUISANCE ABATEMENT PLANS: 207 A. Any nuisance abatement plan executed by a responsible person and the city shall certify 208 the responsible person’s agreement to take all necessary and appropriate measures to reduce, 209 eliminate or prevent future recurrence of each nuisance conduct and each serious violent 210 behavior giving rise to nuisance declaration. Such measures may include, but are not limited to, 211 the following: 212 213 1. Removal of unlawful items; 214 2. Taking steps to prevent the specific nuisance conduct or serious violent behavior, 215 personally or through an agent such as a private security company; 216 3. Hiring sufficient licensed and insured security personnel to patrol the property 217 and the abutting sidewalks; 218 4. Documenting proactive efforts with the police department regarding nuisance 219 behavior or serious violent behavior activities; 220 5. Participating in regular meetings with community-based organizations at which 221 specific efforts to address nuisance behavior or serious violent behavior are 222 discussed; 223 6. Installing and maintaining improved lighting at each point of entry to and exit 224 from the property and in designated common areas, if any; 225 7. Installing and maintaining surveillance cameras that are at all times: (i) active and 226 operational at each point of entry to and exit from the business or property, in 227 designated common areas and in interior spaces where business operations are 228 conducted, on the street abutting the business, and any other locations where prior 229 nuisance conduct or serious violent behavior has been reported; (ii) disclosed to 230 the public through posted notice on the premises; (iii) illuminated in such a 231 manner so as to enable persons entering and exiting the business or property to be 232 visible and identified on recorded footage; and (iv) maintaining recorded footage 233 for not less than 6 months after the recording occurs; 234 8. Installing metal detectors to screen persons visiting the business; 235 9. Maintaining an internal log or incident reporting system documenting the owner's 236 response to specific incidents of illegal activity inside the property or on the 237 abutting sidewalk; 238 10. Displaying signage identifying prohibited behavior at the property; 239 11. Making specific efforts to address litter and other cleanliness issues, such as 240 additional or larger refuse bins, more frequent or targeted cleaning, signage, 241 enhanced refuse bins, and changing business operations or products to reduce the 242 likelihood of litter creation; 243 12. Installing soundproofing insulation or taking other steps to control noise; 244 13. Changing the hours of operation in a manner designed to reduce the likelihood of 245 nuisance conduct or serious violent behavior; 246 14. Changing business operations or products sold in a manner designed to reduce the 247 likelihood of nuisance conduct or serious violent behavior; 248 15. Removing any drug paraphernalia offered for sale or display in violation of 249 applicable zoning requirements from the premises; 250 16. Providing surveillance camera footage to law enforcement upon request; 251 8 LEGISLATIVE DRAFT 17. Installing fencing or other barrier methods in a manner permitted by applicable 252 law; 253 18. Obtaining required permits and completing their scope of work within a 254 reasonable period of time; and 255 19. Any other measures likely to abate or prevent the recurrence of the nuisance 256 behavior or serious violent behavior. 257 258 B. Term: Executed plans shall be effective for a minimum of 12 months and may be 259 extended by mutual agreement of the city and the responsible person, or if another nuisance is 260 declared at the property prior to expiration of the plan then by order of the administrative appeals 261 officer. 262 263 C. Remedies: All nuisance abatement plans shall identify remedies to the city if the 264 responsible person does not comply with the plan. These remedies may include, but are not 265 limited to: granting the city the ability to enter and abate the nuisance with recovery of costs 266 associated therewith to be made by the responsible person to the city upon presentation of an 267 itemized statement of costs; financial penalties; reduction in business operating hours; temporary 268 closure of the property or business; making some portions of the property inaccessible; and 269 prohibiting all alcohol sales or consumption on the property. 270 11.18.100: APPEALS: 271 A responsible person may appeal an administrative citation within ten (10) days of its issuance 272 pursuant to Chapter 2.75. 273 11.18.110: ADMINISTRATIVE REMEDIES: 274 A. Remedies Not Exclusive: No remedy set forth below is exclusive of any other remedy. 275 B. Civil Fines: A property or business subject to a nuisance declaration may be subject to a 276 range of penalties that increase in severity. These penalties progress as follows: 277 1. If a responsible person fails to complete a corrective action by the deadline set 278 forth in an administrative citation, then for a first violation a fine shall be 279 assessed in the amount of $500. Nuisances declared pursuant to Section 280 11.18.070.B.2 shall be assessed a daily fine of $25 until the nuisance condition 281 is cured. 282 2. If a responsible person receives an administrative citation within 12 months of a 283 first violation and does not enter into a nuisance abatement plan then a fine shall 284 be assessed in the amount of $750, which shall constitute a second violation. 285 Nuisances declared pursuant to Section 11.18.070.B.2 shall be assessed a daily 286 fine of $50 until the nuisance condition is cured. 287 9 LEGISLATIVE DRAFT 3. If a responsible person receives an administrative citation within 12 months of a 288 second violation and does not enter into a nuisance abatement plan, then a fine 289 shall be assessed in the amount of $1,000, which shall constitute a third 290 violation. Nuisances declared pursuant to Section 11.18.070.B.2 shall be 291 assessed a daily fine of $75 until the nuisance condition is cured. 292 4. If a responsible person receives an administrative citation within 12 months of a 293 third or any subsequent violation and does not enter into a nuisance abatement 294 plan, then a fine shall be assessed in the amount of $1,000. Nuisances declared 295 pursuant to Section 11.18.070.B.2 shall be assessed a daily fine of $100 until the 296 nuisance condition is cured. 297 B. Revocation of Business License: In the event more than two citations are issued in any 298 12 month period, and the business at issue is not then a party to and in compliance with a 299 nuisance abatement plan, then the city may suspend or revoke the associated business license 300 pursuant to Chapter 5.02. 301 C. Specific Relief & Judgment: The city may petition the administrative appeals officer to: 302 1. Order that the responsible person and the city enter into a nuisance abatement 303 plan consistent with Section 11.18.090 with the measures as directed by the 304 administrative appeals officer. 305 2. Grant the city an abatement order. 306 a. The order of abatement can require the responsible person to correct the 307 nuisance and can authorize the city to abate such nuisance if the 308 responsible person does not timely perform the abatement ; or 309 b. In the event the city proves that nuisance conduct or conditions pose a 310 reasonably imminent danger to human health or human life, unabated, 311 the administrative appeals officer shall order the abatement as requested 312 by the city. In such circumstances the city may perform the abatement of 313 the nuisance at the first possible opportunity. 314 c. The abatement order must permit the city to charge the responsible 315 person for the costs the city incur s in abating the nuisance. The costs may 316 be appealed to the administrative appeals officer pursuant to Section 317 11.18.120. 318 3. Grant the city a judgment in the amount of the accumulated civil fines. 319 11.18.120: CONTINUING SUPERVISION: 320 A. When an administrative citation is not timely appealed or an administrative appeals 321 officer has affirmed the city’s nuisance declaration , the responsible person is subject to 322 10 LEGISLATIVE DRAFT continued supervision by an administrative appeals officer for twelve (12) months or the term 323 of any applicable nuisance abatement plan. During that time, the administrative appeals officer 324 may schedule review hearings to track the responsible person’s compliance with any nuisance 325 abatement plan or abatement order , impose previously suspended penalties, and hold a hearing 326 to consider any claim by the city that a responsible person has not complied with a nuisance 327 abatement plan ordered by the administrative appeals officer pursuant to Section 11.18.110 . 328 B. At a hearing on a failure to comply with a nuisance abatement plan entered pursuant to 329 11.18.110, the administrative appeals officer shall consider the steps taken by the responsible 330 person and determine whether such party has fulfilled its obligations under the nuisance 331 abatement plan. 332 1. During a hearing reviewing a failure to comply with a nuisance abatement plan, 333 the underlying nuisance declaration cannot be disturbed. 334 2. In the event the administrative appeals officer finds that the responsible person 335 failed to comply with any obligation under the nuisance abatement plan, the 336 administrative appeals officer shall impose one or more remedies as set forth in the 337 nuisance abatement plan. 338 C. Each new administrative citation may be appealed. Such appeals are limited to a review 339 of the nuisance conduct or serious violent behavior identified in the administrative citation and 340 may not address previous administrative citations that were not timely appealed or orders by an 341 administrative appeals officer that were not timely appealed. 342 11.18.130: DECLARATION OR DETERMINATION TO FOLLOW BUSINESS OWNER 343 AND PROPERTY LOCATION: 344 A declaration or determination of nuisance conduct or serious violent behavior follows the 345 business owner and/or runs with the property. A declaration or determination of nuisance 346 conduct or serious violent behavior is not eliminated by transferring the property or the 347 business to another person or entity, changing the name of the business, or moving the business 348 to a new location. Transfer of business ownership shall not terminate any nuisance abatement 349 plan in effect with respect to a nuisance business. The acquiring business owner shall be 350 responsible for compliance with any enforcement action pending against the nuisance business 351 and prior business owner. 352 353 SECTION 2. Effective Date. This ordinance shall become effective on the date of its 354 first publication. 355 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 356 2026. 357 11 LEGISLATIVE DRAFT ______________________________ 358 CHAIRPERSON 359 360 361 ATTEST AND COUNTERSIGN: 362 363 ______________________________ 364 CITY RECORDER 365 366 367 Transmitted to Mayor on _______________________. 368 369 Mayor’s Action: _______Approved. _______Vetoed. 370 371 ______________________________ 372 MAYOR 373 ______________________________ 374 CITY RECORDER 375 (SEAL) 376 377 Bill No. ________ of 2026. 378 Published: ______________. 379 Responsible Property Owner Ordinance(legislative)v5 380 381 382