027 of 2000 - amending chapter 18.48 relating to boarding of buildings 0 00-1
0 97-27
SALT LAKE CITY ORDINANCE
No. 27 of 2000
(Revisions to Salt Lake City Boarding Ordinance)
AN ORDINANCE AMENDING PORTIONS OF CHAPTER 18 . 48 OF THE
SALT LAKE CITY CODE RELATING TO THE BOARDING OF BUILDINGS .
WHEREAS, the Salt Lake City Council recognizes that
from time to time buildings within the City will need to be
boarded for some period of time; and
WHEREAS, the City Council also recognizes that the
boarding of buildings imposes certain costs upon the City in
order to protect against crime and other problems; and
WHEREAS, the City Council recognizes that emergency
conditions may arise at boarded buildings which require
immediate action without opportunity to notify the property
owner; and
WHEREAS, the City Council also recognizes that the
boarding of buildings has a detrimental impact upon adjacent
properties and the community as a whole; and
WHEREAS, the City Council has recently reviewed the
costs which are incurred by the City in monitoring the
condition of boarded buildings;
WHEREAS, several of the duties involving boarded
buildings which were previously performed by the building
official will now be performed by the Director of Housing
and Neighborhood Development; and
WHEREAS, the City Council has held public hearings
concerning these issues and finds the following ordinance to
be in the best interest of the City.
NOW, THEREFORE, be it ordained by the City Council of
Salt Lake City, Utah:
SECTION 1 . That Chapter 18 . 48 . 090 of the Salt Lake
City Code shall be and hereby is amended to read as follows:
18 . 48 . 090 Definitions .
"Boarded building" means a building in which all
or some of the utilities have been disconnected
and all windows and doors are boarded against
entry at the ground and second level (if a second
level exists) . Entry doors may be locked or
boarded and windows adjacent to entry doors are
boarded against entry.
"Boarding" means the secured covering of openings
to a building or structure to prevent entrance
pursuant to provisions and standards of this
article due to the non-occupancy of the building
or structure .
"Closed to Occupancy" means a building in which no
person may eat, sleep, live or otherwise reside or
occupy the building or any portion thereof.
Buildings closed to occupancy may only be entered
by the owner, owner' s agent or other authorized
persons to do repair work.
"Emergency Conditions" means one or more
conditions which exist in a building or on a
property that create a likelihood of imminent
danger to life or safety if anyone were to enter
or occupy the property or building.
"Unboarded/unsecured building" means a building
whose window (s) and/or door (s) are missing or
broken and other openings are not secured against
unauthorized persons entering the building.
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"Vacant/secured building" means a building having
utility meters that may be locked off but the
meters and service lines are in place. All
windows are secured and glazed and the doors are
secured by means of a lock.
SECTION 2 . Chapter 18 . 48 . 100 of the Salt Lake City
Code shall be and hereby is amended to read as follows :
18 .48 . 100 Notice and order to temporarily secure.
A. If the Director of Housing and Neighborhood
Development determines that a building needs to be
boarded, the Director of Housing and Neighborhood
Development shall send a notice by certified mail,
return receipt requested, and regular mail, to the
property owner requiring the owner to board the
building. The Director of Housing and Neighborhood
Development shall also, on the same day, post a
notice on the property.
B. If, due to the existence of emergency
conditions, as identified by the Director of
Housing and Neighborhood Development, it is not
possible or practical to give notice in advance,
the City may nevertheless board the building
without giving prior notice to the owner or
occupant, but the City shall provide all required
notices immediately following the boarding of the
building.
SECTION 3 . Chapter 18 . 48 . 110 of the Salt Lake City
Code shall be and hereby is amended to read as follows :
18 .48 . 110 City boarding or securing.
A. If, within the time specified in the notice
and order, the property owner fails to comply with
the notice and order by taking out a permit to
board the building pursuant to this article, or
apply for a stay pursuant to Part 2, the city may
cause the property to be boarded.
B. If the Director of Housing and Neighborhood
Development determines that emergency conditions
exist, the City may board the building.
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C. If the city boards a building, the city shall
send the property owner a bill for:
1 . The fees and charges for services which
would otherwise have been charged for the
securing of a boarding permit pursuant to
Section 18 . 48 . 140;
2 . A one hundred-dollar fee to partially
recover the city' s costs in administering the
boarding; and
3 . The actual costs of the boarding incurred
by the city.
SECTION 4 . The first sentence of Chapter 18 . 48 . 130 of
the Salt Lake City Code shall be and hereby is amended to
read as follows :
18 . 48 .130 Boarding permit application.
Permits for boarding a building must be applied
for on a form provided by the Director of Housing
and Neighborhood Development .
SECTION 5 . Chapter 18 . 48 . 140 of the Salt Lake City
Code shall be and hereby is amended to read as follows :
18 . 48 . 140 Initial fees .
For the first year of any boarding, at the time of
filing the application, the applicant shall pay
the following fees :
A. Seven hundred dollars for each structure; and
B. A plumbing permit to install the external
irrigation hose bib, if required, and not already
present, in the amount of six dollars .
SECTION 6. Chapter 18 . 48 . 180 of the Salt Lake City
Code shall be and hereby is amended to read as follows :
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18 . 48 . 180 Yearly fees.
A. On or before each yearly anniversary of a
boarding permit, a property owner desiring to
continue to board a building shall pay an annual
boarding fee of $1200 .
B. A late fee of twenty-five dollars shall be
assessed by the city for each thirty days, or any
portion thereof, in which the annual fees have not
been paid.
C. If the property owner fails to pay either the
initial boarding fees or the annual boarding fee,
the City may take legal action to collect any
amounts owed.
SECTION 7 . Chapter 18 . 48 . 185 of the Salt Lake City
Code shall be and hereby is enacted to read as follows :
18 .48 . 185 . Posting of Boarded or Closed to
Occupancy Buildings .
Whenever a building is boarded or closed to
occupancy, the City shall be authorized to install
a sign to be mounted on the front facade of the
building. The sign shall state that the building
is closed to occupancy and that it is unlawful for
any unauthorized person to enter the building.
The sign shall also provide phone numbers to call
if people are seen on the property or if doors or
windows are unsecured.
SECTION 8 . Chapter 18 . 48 . 200 D and E of the Salt Lake
City Code shall be and hereby is amended to read as follows :
D. If the Director of Housing and
Neighborhood Development denies a stay request,
the building owner shall obtain a boarding or
demolition permit within seven days or the city
may proceed to board the property pursuant to
Section 18 . 48 . 110, or its successor. In addition
to the provisions of this section, the issuance of
demolition permits in historic districts and
landmark sites are subject to the provisions of
Section 21A. 34 . L. In the event of a conflict
between the provisions of this subsection and
Section 21A. 34 .L, the latter shall control .
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E . If the Director of Housing and
Neighborhood Development determines that a stay is
appropriate, the Director of Housing and
Neighborhood Development shall certify in writing
that a stay of up to four months has been issued.
SECTION 9. Chapter 18 . 48 . 270 A and B of the Salt Lake
City Code shall be and hereby is amended to read as follows :
18 . 48 . 270 City maintenance of building.
A. If the Director of Housing and Neighborhood
Development determines that a boarded building is
not being maintained, the Director of Housing and
Neighborhood Development shall send a notice to
the property owner and/or the property owner ' s
agent requiring compliance with the building
maintenance standards within seven days .
B. If the Director of Housing and Neighborhood
Development determines that the property owner has
failed to comply with the notice and order, the
city may cause the work to be done by a contractor
employed by the city.
SECTION 10 . Chapter 18 . 48 . 280 A and B of the Salt Lake
City Code shall be and hereby is amended to read as follows :
18 . 48 .280 City maintenance of landscaping.
A. If the Director of Housing and Neighborhood
Development determines that the landscaping on the
property surrounding a boarded building is not
being maintained as required by city code, the
Director of Housing and Neighborhood Development
shall send a notice to the property owner and/or
the property owner ' s agent, requiring compliance
with landscaping standards within seven days .
B. If the Director of Housing and Neighborhood
Development determines that the property owner has
failed to comply with the notice and order, the
city may cause the work to be done by a contractor
employed by the city.
SECTION 11 . Chapter 18 . 48 . 290 A and B of the Salt Lake
City Code shall be and hereby is amended to read as follows :
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18 . 48 .290 City removal of snow.
A. If the Director of Housing and Neighborhood
Development determines that sidewalks adjacent to
a boarded building are not having the snow removed
as required by Section 18 . 48 . 260 or its successor,
the Director of Housing and Neighborhood
Development shall send a notice to the property
owner and/or the property owner' s agent, requiring
snow from the present snowfall to be removed and
notifying the property owner that if snow from a
subsequent snowfall is not removed as required,
the city will contract for the removal and charge
the property owner, pursuant to this section or
its successor.
B. If the Director of Housing and Neighborhood
Development determines that the property owner has
failed to comply with the notice and order, the
city may cause snow, during the winter, to be
removed by a contractor employed by the city.
SECTION 12 . Chapter 18 . 48 . 300 A and D of the Salt Lake
City Code shall be and hereby is amended to read as follows :
18 . 48 . 300 Appeal process.
A. Any person aggrieved by the decision of the
Director of Housing and Neighborhood Development
may appeal the decision to the housing advisory
and appeals board (HAAB) by filing a notice with
HAAB within seven days of the Director of Housing
and Neighborhood Development ' s decision. The
notice shall specify the basis for the appeal .
D. HAAB shall sustain the decision of the
Director of Housing and Neighborhood Development
unless HAAB finds that the Director of Housing and
Neighborhood Development has failed to comply with
the provisions of this article.
SECTION 13 . Chapter 18 . 48 . 320 A of the Salt Lake City
Code shall be and hereby is amended to read as follows :
18 .48 . 320 Existing boarded properties .
A. The Director of Housing and Neighborhood
Development shall take reasonable actions to
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notify the owners of buildings boarded as of the
effective date of the ordinance codified in this
article .
SECTION 14 . Chapter 18 . 48 . 350 B of the Salt Lake City
Code shall be and hereby is amended to read as follows :
B. The Director of Housing and Neighborhood
Development shall make reasonable efforts to
notify the recorded property owner, all HAAB
members, the Historic Landmark Commission staff
person, the City Council member and the
chairperson of the neighborhood council recognized
pursuant to Chapter 2 . 62 in which the property is
located.
SECTION 15 . Chapter 18 . 48 . 380 of the Salt Lake City
Code shall be and hereby is enacted to read as follows :
18 . 48 .380 Building Inspections Required.
Whenever a property owner, manager or tenant
intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the
building is to be inspected and a permit must be
issued by the Salt Lake City Building Services and
Licensing Division prior to the building owner,
manager or tenant initiating any of the above
actions . Any person conducting any work on a
building that has been boarded or closed to
occupancy must have a copy of the permit on the
site at all times . Any person conducting work
without a permit on the site, will be evicted from
the premises .
SECTION 16. Effective Date. This Ordinance shall
become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 9th day of May , 2000 .
C IRPERSO
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ATTEST AND COUNTERSIGN:
Q °DEPUTY1DER
Transmitted to the Mayor on May 9, 2000
Mayor' s Action: X Approved Vetoed
A R
ATTEST AND COUNTERSIGN:
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Published: May 16, 2000 •
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