031 of 2017 - Providing civil penalties for violations of business licensing ordinances 0 17-1
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Ordinance No. 31 of 2017
(Providing civil penalties for violations of business licensing ordinances)
An ordinance enacting Chapter 5.88 of the Salt Lake City Code to provide for the
imposition of civil penalties for violations of the ordinances set forth in Title 5 of the Salt Lake
City Code; amending Sections 5.02.060, 5.02.290, 5.14.030, 5.14.060, 5.14.070, 5.14.080,
5.14.085, 5.14.090, 5.14.120, 5.14.130, 5.15.010, 5.15.030, 5.15.050, 5.15.070, 5.16.030,
5.28.120, 5.47.060, 5.60.100, 5.64.730, 5.69.080, 5.71.310, and 5.72.890; and repealing Sections
5.28.150, 5.63.150, 5.65.200, 5.68.110, 5.84.220 and 5.85.070.
WHEREAS, Title 5 of the Salt Lake City Code sets forth ordinances governing business
taxes, licenses and regulations; and
WHEREAS most violations of the ordinances set forth in Title 5 of the Salt Lake City
Code are punishable as criminal misdemeanors; and
WHEREAS,the City Council of Salt Lake City, Utah has determined that providing the
City with the option of addressing violations of the ordinances set forth in Title 5 of the Salt
Lake City Code as civil violations,rather than criminal misdemeanors,promotes the best
interests of the City and the City's citizens;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That Chapter 5.88 of the Salt Lake City Code is hereby enacted to read as
follows:
CHAPTER 5.88
ENFORCEMENT
5.88.010: VIOLATIONS OF TITLE; PENALTIES
5.88.020: ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF
VIOLATION, AND WARNINGS:
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION:
5.88.040: PENALTIES FOR CIVIL VIOLATIONS:
5.88.010: VIOLATIONS OF TITLE; PENALTIES:
Any person who violates any mandate or prohibition contained in this title shall be penalized
according to the provisions of this title or the provisions of Salt Lake City Code section 1.12.050
or its successor section.
5.88.020: ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF
VIOLATION,AND WARNINGS:
A. Misdemeanor Citations: A peace officer is authorized to issue a misdemeanor citation to any
person upon a charge of violating any provisions of this title. The form of the misdemeanor
citation, and proceedings to be handled upon the basis of the citation, shall conform to the
provisions of the Utah code of criminal procedure, including, but not necessarily limited to,
sections 77-7-18 through 77-7-22, or their successor sections.
B. Civil Notices Of Violation:
1. Where violations of this title are committed, a peace officer or business licensing
enforcement officer may issue a civil notice of violation to such violator in lieu of a
misdemeanor citation.
2. A notice of violation issued pursuant to subsection (B)(1) of this section, shall identify the
penalties applicable to each violation listed in the notice of violation as set forth in
section 5.88.040 of this chapter or its successor section.
3. Remedial Measures
a. If the violations identified in the notice of violation require remedial action on the
part of the person charged, then the notice of violation shall identify each remedial
measure that must be taken and shall indicate the compliance date by which such
measures must be completed.
b. Compliance with all remedial requirements referred to in the notice of violation by
the compliance date shown thereon shall result in the dismissal of the penalty.
Refusal or failure to comply with any remedial requirements referred to in the notice
of violation by the deadline set as the compliance date will result in the imposition of
the full penalty amount.
C. Warnings: In appropriate instances, and for demonstrable good cause, a peace officer or
business licensing enforcement officer may issue a written warning to the offending party
and forego the imposition of any penalties.
5.88.030: ENFORCEMENT INVOLVING NOTICES OF VIOLATION:
A. Notices of violation shall be adjudicated as civil violations in accordance with the procedures
set forth in title 2, chapter 2.75 of this code.
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B. Any person having received a notice of violation, as provided in this chapter, shall appear
before a city hearing officer and present and contest such alleged violation.
C. The burden to prove any defense shall be upon the person raising such defense. Nothing
herein shall affect the city's burden to prove each element of the underlying charge by a
preponderance of evidence.
D. If the city hearing officer finds that no violation as set forth in the notice of violation has
occurred or that such a violation has occurred but one or more of the affirmative defenses set
forth in this section is applicable, the hearing officer may dismiss the notice of violation and
release the recipient of the notice from liability thereunder or the hearing officer may reduce
the penalty associated therewith. Such affirmative defenses are:
1. At the time of the receipt of the notice of violation, the person receiving such notice of
violation:
a. Was not an owner or other responsible party with respect to the business at
issue; and
b. Did not engage in any actions or omissions that contributed to the violation at
issue;
2. Compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property;
3. All remedial requirements outlined in the notice of violation were completed on or
before the compliance date;
4. Such other mitigating circumstances expressly described in this title that correspond to
specific violations of an ordinance in this title; or
5. Such other mitigating circumstances as may be approved by the city attorney's office.
E. Any person not satisfied with the outcome of their appearance before the city hearing officer
with respect to the notice of violation they received, may appear before the small claims
court to contest such alleged violation.
F. If the alleged ordinance violation involves an ordinance located in chapters 5.08, 5.09, 5.14,
5.15, 5.51, 5.61, 5.71, or 5.72 of this title,then the more specific enforcement provisions and
processes set forth the chapter that corresponds to the violation shall supersede the provisions
of this section.
5.88.040: PENALTIES FOR CIVIL VIOLATIONS:
A. The following penalties shall be imposed where a notice of violation is issued for a
violation of the city ordinances set forth in this title:
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1. Where a notice of violation has been issued for a first violation of a city ordinance,
such notice of violation shall constitute a written warning.
2. Where a notice of violation has been issued for a second violation of a city ordinance,
the recipient of such notice of violation shall pay a civil penalty of$250.
3. Where a notice of violation has been issued for a third violation of a city ordinance,
the recipient of such notice of violation shall pay a civil penalty of$500.
4. Where a notice of violation has been issued for a fourth or subsequent violation of a
city ordinance, the recipient of such notice of violation shall:
a. Pay a civil penalty of$500; and
b. Shall be placed on probation for a period of one year from the date on
which the notice of violation was issued.
5. If, during the period of probation specified in subsection (A)(4)(b), a notice of
violation is issued for a violation of the same ordinance that resulted in such probation,
then:
a. The recipient of such notice of violation shall pay a civil penalty of$500;
b. The business license of the recipient of such notice of violation shall be
revoked; and
c. The recipient of such notice of violation may not reapply for a new
business license for at least six (6) months from the date of revocation.
B. Any reference to second, third, fourth, and subsequent violations refers to repeat
violations of the same city ordinance that occur within a twenty-four (24) month period.
C. The city may not revoke a business license pursuant to subsection (A)(5)(b) without
satisfying the due process requirements set forth in sections 5.02.250, 5.02.260, and 5.02.290
of this title.
D. If the alleged ordinance violation involves an ordinance located in chapters 5.08, 5.09,
5.14, 515, 5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions
processes, and penalties set forth in the chapter that corresponds to the violation shall
supersede the provisions of this section.
SECTION 2. That Section 5.02.060 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.02.060: LICENSE; APPLICATION REQUIREMENTS:
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A. Written Application: Applications for licenses and permits required by this title shall be made
in writing to the license supervisor in the absence of provision to the contrary, which
applications shall be made upon forms provided by the city. The application shall show:
1. Name: The name of the person desiring a license;
2. License Type: The kind of license desired, stating the business to be performed,
practiced or carried on;
3. License Class: The class of license desired, if such licenses are divided into classes;
4. Place: The place where such business, calling,trade or profession is to be carried on,
giving the street number if such business is to be carried on in any building or enclosure;
5. Term: The period of time for which such license is desired to be issued;
6. Additional Information: The application shall also state such additional information as
may reasonably be required by the city as may be needed for the proper guidance of city
officials in issuing the permit or license applied for.
a. Such information may specifically include information to show that the
applicant:
(1) Meets all requirements of applicable city ordinances including
requirements regarding unexpunged criminal convictions;
(2) Is not in default under the provisions of any city ordinance; and
(3) Is not indebted or obligated in any manner to the city, except for
current taxes.
b. It may also show that the proposed use of any premises by the applicant will
not be in violation of city zoning regulations,that the principals of the applicant's
business are properly bonded if bonding is required, and that the applicant will
otherwise be in full compliance with all applicable city, state and federal laws and
ordinances.
B. Accuracy: The truthfulness, completeness and accuracy of all of said information provided by
applicant shall be attested to by the applicant or an authorized representative thereof.
C. Not Misleading: Failure to provide all required information or providing false or misleading
information in the application shall constitute grounds for denial of the application or
revocation of an existing permit or license, and shall constitute a violation of this title, if done
willfully with the intent to mislead the city.
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SECTION 3. That Section 5.02.290 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.02.290: HEARINGS HELD BEFORE A HEARING EXAMINER:
At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its
successor section,the hearing examiner shall issue or adopt written findings of fact and
conclusions of law and an order which is based upon and supported by the evidence presented at
the hearing. Such findings, conclusions and order shall have full force and effect upon issuance,
and shall be binding upon all parties as of the date and time of such issuance. The city and the
licensee or applicant may appeal such findings, conclusions and order to a court of competent
jurisdiction within thirty (30) days of the date on which the hearing examiner issues such
findings, conclusions and order.
SECTION 4. That Section 5.14.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.030: LICENSE; APPLICATION:
An application for a rental dwelling business license shall be made to the license office of the
city, and shall include the following information:
A. The location and address of the rental dwelling(s);
B. The number, within each rental dwelling, of:
1. Dwelling units, or
2. Lodging or sleeping rooms, if the dwelling is a fraternity, sorority, boarding, or
rooming house;
C. The name, address, and telephone number of each of the following:
1. The applicant,
2. The owner of the fee title interest,
3. The owner of any equitable interest,
4. The local operating agent,
5. The resident manager, if any, and
6. For each corporate and out of state resident rental dwelling owner,the designation of a
legal representative and agent for service of process as provided in section 5.14.050 of
this chapter;
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D. A certification by the owner, or owner's agent, that to the best of such person's knowledge or
belief, the premises comply with ordinance requirements shown on a checklist provided by
the city as part of a rental dwelling business license application; and
E. The signature of the owner of the premises, and the operator if different, agreeing to comply
with applicable ordinances and to authorize inspections as provided in this chapter.
SECTION 5. That Section 5.14.060 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.060: INVESTIGATION; BY CITY:
A. An original application for a rental dwelling business license may be referred for approval to
the departments listed in sections 5.14.070 and 5.14.080 of this chapter, or their successors.
Upon such referral the directors of such departments, or their designees, shall determine,
based on the self-certification provided by an applicant under subsection 5.14.030(D) of this
chapter and any other relevant information, if an inspection is needed to determine whether
or not the rental dwelling at issue complies with the self-certification standards established
by the city. Inspections shall not be performed for single-family residences, duplexes, or
newly constructed buildings unless the city conducts such inspections due to cause or
complaint.
B. The criteria governing scheduled city inspections performed pursuant to this chapter shall be
the self-certification standards established by the city.Notwithstanding the foregoing, the
city shall not require an owner of a legal nonconforming rental dwelling to make physical
changes to such dwelling unless the change is for a permissible purpose as specified in Utah
code section 10-9a-511.5 or its successor section.
C. Nothing in this chapter shall be construed to prevent the city from performing inspections
triggered by cause or complaint. The city shall have discretion to determine what constitutes
cause or complaint sufficient to trigger an inspection by the city. An inspection triggered by
either cause or complaint shall be performed pursuant to the criteria and processes set forth in
title 18, chapter 18.50 of this code.
D. Whenever it is necessary to make an inspection to enforce any provisions of this chapter, or
whenever the city has reasonable cause to believe a code violation exists in any building or
upon any premises which makes such building or premises unsafe, dangerous or hazardous,
the city's dully authorized representative may, upon obtaining permission of the owner or
other person having charge or control of the premises or dwelling unit, or upon obtaining a
warrant, enter a residential property or premises to inspect it or to perform any other duties
imposed by this chapter.
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SECTION 6. That Section 5.14.070 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.070: INVESTIGATION; BY FIRE DEPARTMENT:
An original application for a business license for a rental dwelling with three (3) or more
dwelling units, may be referred to the fire department for investigation as to whether or not the
rental dwelling at issue complies with the self-certification standards established by the city.
Within a reasonable time after such referral,the fire department shall report to the business
license office as to the fitness of the applicant regarding compliance with said standards.
Notwithstanding the foregoing, an initial inspection of a newly constructed building shall not be
performed unless the city conducts such inspection due to cause or complaint. After a business
license has been granted, the fire department shall inspect the licensed premises should the city
subsequently have cause to believe that the licensed premises no longer comply with the
pertinent standards. Upon confirming that such is the case, the fire department shall report that
fact to the business license office, at which time such office will inform the mayor, or the
mayor's designee, and take action in regards to the revocation of said business license as the
mayor or designee deems just and proper in light of the facts of the case and applicable
provisions of this chapter.
SECTION 7. That Section 5.14.080 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.080: INVESTIGATION; BY BUILDING SERVICES AND CIVIL ENFORCEMENT
DIVISION:
An original application for a business license for a rental dwelling with three (3) or more
dwelling units, may be referred to the building services and civil enforcement division for
investigation as to whether or not the rental dwelling at issue complies with the self-certification
standards established by the city. Within a reasonable time after such referral,the building
services and civil enforcement division shall report to the business license office the fitness of
the applicant regarding compliance with said standards. Notwithstanding the foregoing, an initial
inspection of a newly constructed building shall not be performed unless the city conducts such
inspection due to cause or complaint. Should the city subsequently have cause to believe that the
premises no longer comply with the aforementioned standards,the building services and civil
enforcement division shall perform an inspection of the licensed premises. If the licensed
premises are not in compliance with the pertinent standards,then the building services and civil
enforcement division shall report such noncompliance to the business license office, at which
time such office shall inform the mayor or the mayor's designee, and take action regarding the
revocation of said business license as the mayor or designee deems just and proper in light of the
facts of the case and applicable provisions of this chapter.
SECTION 8. That Section 5.14.085 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
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5.14.085: LIMITATION ON SCHEDULED INSPECTIONS:
A. Single-Family Residences Or Duplexes:
1. The city will not inspect a rental dwelling that qualifies as either a single-family
residence or a duplex unless such inspection is triggered by cause or complaint.
2. The owner of a rental dwelling that qualifies as either a single-family residence or a
duplex will periodically be required to submit a signed representation that the rental
dwelling meets the city's self-certification standards. This signed representation shall be
submitted prior to the city's issuance of the original business license and shall be
submitted every three (3) years thereafter.
B. Rental Dwellings With Three Or More Dwelling Units:
1. The city will conduct scheduled inspections of rental dwellings with three (3) or more
dwelling units not more than once every four(4) years. Such scheduled inspections shall
be conducted as follows:
a. The criteria governing the city's inspection shall be confined to the self-
certification standards established by the city.
b. The percentage of dwelling units that will be inspected as part of the scheduled
inspection shall be as follows:
(1) Three (3)to ten(10) unit buildings: No more than thirty five percent
(35%) of the dwelling units.
(2)Eleven (11)to twenty (20)unit buildings: No more than twenty percent
(20%) of the dwelling units.
(3)Twenty one (21) or greater unit buildings: No more than fifteen
percent (15%) of the dwelling units.
c. If a scheduled inspection of the dwelling units selected for inspection in
accordance with subsection Bib of this section reveals violations of the self-
certification standards, then the city may inspect the remaining dwelling units in
that rental dwelling.
d. The city shall provide rental dwelling owners notice that dwelling units are to
be inspected at least thirty (30) days prior to the inspection date.
2. The owner of a rental dwelling with three (3) or more dwelling units will periodically
be required to submit a signed representation that the rental dwelling meets the city's self-
certification standards. This signed representation shall be submitted prior to the city's
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issuance of the original business license and shall be submitted every two (2) years
thereafter.
C. Cause Or Complaint: The city may inspect rental dwellings at any time if such inspection is
triggered by cause or complaint.
SECTION 9. That Section 5.14.090 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.090: ISSUANCE OF LICENSE:
The mayor, or the mayor's designee, after receiving any required recommendations from the fire
department and the building services and civil enforcement division, shall act upon a rental
dwelling business license application with respect to granting or denying the same, as provided
under chapter 5.02 of this title.
SECTION 10. That Section 5.14.120 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.120: ENFORCEMENT:
A. In addition to any other remedies authorized by law or in this title, if the notified party fails
to repair or secure the property in question,the city may pursue any one or more of the
following additional remedies:
1.Notice Of Deficiency: The supervisor of housing enforcement may record with the Salt
Lake County recorder's office a notice of any conditions that violate the self-certification
standards established by the city. The notice shall be mailed to all notified parties.
2. Criminal Action: Violations of the provisions of self-certification standards established
by the city may be punishable as a class B misdemeanor upon conviction.
3. Civil Action: Violations of self-certification standards established by the city may also
be enforced by injunction, mandamus, abatement, civil penalties or any other appropriate
action in law or equity.
B. Civil penalties may be imposed according to the following procedures:
1. Notice Of Violation:
a. If the housing inspector finds that any provision of this chapter is being
violated,the housing inspector shall provide a written notice to the property
owner and to any other person determined to be responsible for such violation.
The written notice shall indicate the nature of the violation and order the action
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necessary to correct it. Additional written notices may be provided at the housing
inspector's discretion.
b. The written notice shall state what action the housing inspector intends to take
if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall
serve to start any warning periods provided in this chapter.
c. Such written notice issued by the housing inspector shall be deemed sufficient
and complete when served upon the person cited:
(1) Personally by the inspector or his or her representative; or by mailing,
postage prepaid, by certified mail or commercial courier addressed to the
person cited at the last known address appearing on the records of the
county recorder; and
(2) By posting notice on the property where said violation(s) occurs.
d. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or
welfare, the housing inspector may seek enforcement without prior written notice
by invoking any of the fines or remedies authorized in this chapter.
e. If the violation remains uncured within five (5) days after the expiration of the
warning period, a second notice of violation shall be delivered by mail, postage
prepaid, addressed to the person cited at the last known address appearing on the
records of the county recorder. The second notice of violation shall identify the
date on which the civil penalties shall begin to accrue.
2. Amount Of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the city: Fifty
dollars ($50.00)per violation per day. If more than ten(10)violations exist,the
daily penalties shall double.
b. Failure to obey an interpretation, decision or requirement of the housing
advisory and appeals board: Twenty five dollars ($25.00)per violation per day.
3. Daily Violations: Each day a violation continues after the citation deadline shall give
rise to a separate civil penalty.
4. Compliance: Accumulation of penalties for violations, but not the obligation for
payment of penalties already accrued, shall stop upon correction of the violation.
5. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs within six (6)months of the initial correction, the city will begin enforcement of
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said recurring violation and penalties will begin accruing after a ten (10) day warning
period.
6. Appeals:
a. Appeals Contesting The Existence Of A Violation:
(1) Appeals contesting the existence of the violation must be filed with the
housing advisory and appeals board pursuant to section 5.14.125 of this
chapter within thirty(30) days from the date the original notice of
violation was issued.
b. Appeals Contesting The Amount Of The Penalties Imposed:
(1) The mayor, or his/her designee, shall appoint such hearing officer as
the mayor, or his/her designee, deems appropriate to consider matters
relating to the violation of this chapter. The hearing officer shall have the
authority to hear evidence,reduce or eliminate penalty amounts, and to
make such equitable adjustments as he/she deems appropriate.
(2) Any person receiving a notice of violation may appear before a hearing
officer to appeal the amount of the penalty imposed. However,no party
may appear before a hearing officer until violations identified have been
corrected and a notice of compliance has been issued.
(3) The hearing officer shall maintain complete and permanent records of
all inspections and decisions.
(4) The burden to prove any defense shall be upon the person raising such
defense.
(5) Commencement of any action to remove or reduce penalties shall not
relieve the responsibility of any person cited to make payment of
subsequently accrued civil penalties nor shall it require the city to reissue
any of the notices required by this chapter.
(6) The hearing officer may adjust, reduce or eliminate penalties or create
payment plans relating to penalties accrued by the person cited. In the
administration of this duty, the hearing officer may reduce or eliminate
penalties based upon any circumstance or other equitable consideration the
hearing officer finds to be applicable. In cases where the administrative
process has not been followed by the division,the hearing officer has the
authority to reduce or eliminate penalties.
(7) Payment plans may be created by the hearing officer. Although the
hearing officer has the ultimate authority in establishing the payment
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schedule, the minimum payment schedule provided by the department of
community and neighborhoods should be followed. Once a payment
schedule has been developed by the hearing officer, and agreed to by the
person cited, failure to submit any two (2)payments as scheduled will
require payment of the entire amount of the original fine immediately.
SECTION 11. That Section 5.14.130 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.130: REFUSAL TO PERMIT INSPECTIONS:
If a rental dwelling business license holder, or an agent of such business license holder, refuses
to permit the city to conduct an inspection authorized under this chapter, then the city has
adequate grounds to:
A. Revoke the rental dwelling business license that corresponds to the rental dwelling at issue;
B. Disqualify the rental dwelling at issue from participation in the city's landlord/tenant
initiative pursuant to chapter 5.15 of this title;
C. After obtaining a warrant, enter a rental dwelling at issue to inspect it or to otherwise
perform duties imposed by this chapter; and/or
D. Pursue any and all other remedies available to the city.
SECTION 12. That Section 5.15.010 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.010: ESTABLISHMENT OF LANDLORD/TENANT INITIATIVE PROGRAM:
A. Purpose And Intent: The city council finds:
1. A significant portion of the city's housing stock consists of rental dwellings;
2. Proper management of rental dwelling housing is important to the health, safety, and
welfare of persons residing in such housing as well as to city residents generally; and
3. A rental dwelling owner, or the owner's agent, who manages the owner's rental
dwellings in accordance with applicable provisions of this chapter,thereby reducing
demand for city services to such dwellings, shall receive a reduction in the
disproportionate rental fee payable under section 5.04.070 of this title.
B. Establishment Of Landlord/Tenant Initiative Program: There is hereby established a
voluntary incentive program,to be known as the landlord/tenant initiative (sometimes also
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referred to as a "good landlord program") wherein disproportionate rental fees payable under
section 5.04.070 of this title will be reduced for any owner of a rental dwelling who meets
the requirements of this chapter.
1. All applicants for a rental dwelling business license shall be informed of the
availability of the program.
2. The costs that constitute disproportionate costs and the amounts that are reasonably
related to the costs of services provided by the city shall be as set forth in a
disproportionate costs study adopted by the city council by ordinance.
SECTION 13. That Section 5.15.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.030: CONTENT OF RENTAL DWELLING MANAGEMENT AGREEMENT:
A. Agreement Provisions: A rental dwelling management agreement referred to in section
5.15.020 of this chapter shall include provisions that:
1. Specify measures, approved by the mayor, to be taken at the rental dwelling premises
intended to reduce crime;
2. Require compliance with self-certification standards established by the city and with
code provisions applicable to the premises, including, but not limited to,pertinent
building, fire, mechanical, and plumbing codes; sanitation regulations; snow removal
requirements; weed control requirements; and noise requirements;
3. Require nondiscrimination and fair housing as provided in local, state, and federal law;
4. Prohibit retaliation against any tenant as the result of reporting violations of a lease
agreement, rental dwelling management agreement, or this code;
5. Require the rental dwelling owner to track annually occupancy denials and evictions,
and provide a record thereof to the city on request;
6. Require the rental dwelling owner, or owner's agent,to:
a. Provide the owner's tenants with a telephone number and/or e-mail address
which tenants may use to contact the owner, or the owner's agent, regarding any
tenant question or concern, and
b. Meet in person with the owner's tenants at least once annually to discuss any
tenant questions or concerns.
7. Encourage, but not require, tenant background and credit checks; and
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8. Indicate the rental dwelling owner can be excluded from the landlord/tenant initiative
program upon noncompliance with the provisions of this chapter or the rental dwelling
management agreement.
B. Compliance: A rental dwelling owner shall be considered in compliance with this section if a
violation is corrected in the time required under any notice of violation issued by the city.
SECTION 14. That Section 5.15.050 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.050: COMPLETION OF TRAINING PROGRAM:
A. First Time Applicants: Unless an exempt landlord under section 5.15.015 of this chapter, a
first time applicant to the landlord/tenant initiative program shall complete the required
training set forth in section 5.15.020 within six (6) months of submitting the landlord/tenant
initiative program application to the city. The applicant's failure to timely complete the
training shall constitute a failure to meet the requirements for admittance into the
landlord/tenant initiative program. The applicant who fails to meet the requirements is
deemed not admitted to the landlord/tenant initiative program and shall not be eligible for the
disproportionate rental fee reduction for the entirety of the term of such rental dwelling
business license.
B. License Renewal Applicants: A rental dwelling owner who renewed the owner's business
license for calendar year 2011 is automatically eligible for admission into the landlord/tenant
initiative program for 2012 upon completion of aforementioned applications and training
within six (6) months after renewal. A rental dwelling owner who needs to obtain a business
license shall, upon application,be allowed to pay the discounted disproportionate cost fee but
shall complete the obligations of the program within six (6) months or shall pay the
remaining rental dwelling disproportionate cost fee.
C. New Rental Properties: A rental dwelling owner who acquires one or more new rental
properties or misses an admission deadline as described herein may request a review for
admission by the license office. The license office shall review all such requests and make a
determination of admission within thirty(30) days after a review request is received.
SECTION 15. That Section 5.15.070 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.070: DISQUALIFICATION:
A. License Office Duties: If the license office receives evidence that a rental dwelling owner or
the owner's agents have, with respect to any rental dwelling,violated the provisions of this
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chapter or the owner's rental dwelling management agreement with the city, the license
supervisor shall:
1. Notify the rental dwelling owner of the violation and the basis for such action by
either:
a. Certified mail or commercial courier;
b. Personal service; or
c. Mailing a copy of the notice to the rental dwelling owner and posting a copy of
the same notice at the rental dwelling; and
2. Assess the rental dwelling owner for any disproportionate rental fees corresponding to
such rental dwelling that were reduced under this chapter for the currently applicable
license period.
B. Appeal: A rental dwelling owner or agent who receives a notification and assessment as
provided in subsection A of this section may appeal such action to the mayor, or the mayor's
designee, by filing a written request for a hearing with the city's business licensing
supervisor. The hearing shall be conducted pursuant to the procedures set forth in sections
5.02.260 and 5.02.290 of this title or their successor sections.
C. Finding Of Noncompliance: If it is determined that a rental dwelling owner has not complied
with the requirements of the landlord/tenant initiative program with respect to a particular
rental dwelling during any portion of the licensing period for which a reduction was
provided, the rental dwelling at issue, shall be disqualified from the program, and the
disproportionate rental fee reduction that corresponds to such rental dwelling shall be
disallowed for the entirety of the term of such rental dwelling business license. The rental
dwelling owner shall pay the full disproportionate rental fee for such rental dwelling for that
year.
D. Readmission: After disqualification,the rental dwelling at issue may qualify for readmission
to the landlord/tenant initiative program in the next licensing year only if the rental dwelling
owner has corrected the problems leading to disqualification and has paid all amounts due in
the prior year.
SECTION 16. That Section 5.16.360 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.16.360: EQUIVALENT ALTERNATIVE METHODS OF REGULATION:
A. Written Petition: Whenever a person regulated under this chapter alleges that specified
requirements of this chapter are impracticable or excessively burdensome as applied to such
person, he/she may file with the mayor a written petition setting forth such allegations and
presenting suggested methods of regulation of such person by the city in lieu of enforcement
of the specified requirements of this chapter so objected to. The mayor may either approve or
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deny the proposed alternative methods of regulation proposed by the petitioner or may
approve other alternative methods of regulation. Upon approval by the mayor, such
alternative regulation(s) shall be as obligatory upon the petitioner as if such had been specific
requirements set forth in this chapter, and the violation of any of which alternate regulations
shall constitute a violation of this chapter.
B. Standard For Approval: The standard for approval of any such alternative regulation(s) shall
be that they are equivalent to the requirements of this chapter which they would supplant, in
meeting the objectives which underlie this chapter, namely, inhibiting theft and trafficking of
stolen merchandise, and providing adequate opportunity for examination by the police of
transactions governed by this chapter.
SECTION 17. That Section 5.28.120 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.28.120: DANCERS; COSTUME RESTRICTIONS:
A. Professional dancers shall at all times be costumed during performances in a manner not to
violate any city ordinance concerning disorderly or obscene conduct, and such dancers shall
not perform or conduct themselves in such a manner which violates the provisions of any city
ordinance.
B. Notwithstanding the provisions of any other ordinance of the city, it is unlawful for a
professional dancer to appear in any establishment not licensed as a sexually oriented
business in a state of seminudity,as defined in chapter 5.61 of this title.
C. It is unlawful for a professional dancer, while on the portion of the premises of an
establishment used by patrons, to be dressed in other than opaque clothing, covering the
dancer's body from the shoulders to the knees, excluding the dancer's arms and hands at all
times other than during the dancer's performance.
D. Each agency,person, firm or corporation employing,booking or using the services of a
dancer required to be licensed under the provisions of this chapter shall require that such
dancers comply with the provisions of this chapter, and any person, firm, corporation,
business or establishment that permits a violation of this chapter, either personally or through
its agents, employees, officers or assigns, shall, in addition to committing a violation of this
chapter, also be subject to license revocation sanctions hereinafter provided.
SECTION 18. That Section 5.47.060 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.47.060: EQUIVALENT ALTERNATIVE METHODS OF REGULATION
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A. Whenever a person regulated under this chapter alleges that specified requirements of this
chapter are impracticable or excessively burdensome as applied to such person, he/she may
file with the mayor a written petition setting forth such allegations and presenting suggested
methods of regulation of such person by the city in lieu of enforcement of the specified
requirements of this chapter so objected to. The mayor may either approve or deny the
proposed alternative methods of regulation proposed by the petitioner or may approve other
alternative methods of regulation. Upon approval by the mayor, such alternative regulation(s)
shall be as obligatory upon the petitioner as if such had been specific requirements set forth
in this chapter, the violation of any of which alternate regulations shall constitute a violation
of this chapter.
B. The standard for approval of any such alternative regulation(s) shall be that they are
equivalent to the requirements of this chapter which they would supplant, in meeting the
objectives which underlie this chapter; namely, inhibiting theft and trafficking of stolen
merchandise and providing adequate opportunity for examination by the police of
transactions governed by this chapter.
SECTION 19. That Section 5.60.100 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.60.100: EQUIVALENT ALTERNATIVE METHODS OF REGULATION:
A. Written Petition: Whenever a person regulated under this chapter alleges that specified
requirements of this chapter are impracticable or excessively burdensome as applied to such
person, he/she may file with the mayor a written petition setting forth such allegations and
presenting suggested methods of regulation of such person by the city in lieu of enforcement
of the specified requirements of this chapter so objected to. The mayor may either approve or
deny the proposed alternative methods of regulation proposed by the petitioner or may
approve other alternative methods of regulation. Upon approval by the mayor, such
alternative regulation(s) shall be as obligatory upon the petitioner as if such had been specific
requirements set forth in this chapter, and the violation of any of which alternate regulations
shall constitute a violation of this chapter.
B. Standard For Approval: The standard for approval of any such alternative regulation(s) shall
be that they are equivalent to the requirements of this chapter which they would supplant, in
meeting the objectives which underlie this chapter; namely, inhibiting theft and trafficking of
stolen merchandise, and providing adequate opportunity for examination by the police of
transactions governed by this chapter.
SECTION 20. That Section 5.64.730 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.64.730: USE OF PUBLIC STREETS:
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A. Each person or business selling, offering to sell, or displaying for sale ice cream or similar
frozen desserts from or on motorized vehicles on public streets shall abide by the following
conditions and requirements. Failure to comply may result in the suspension or revocation of
a business license or police identification card, and shall constitute a violation of this title:
1. The motorized vehicle shall have a clearly audible backup warning device that
activates whenever the vehicle is shifted into reverse gear.
2. The motorized vehicle shall have a convex mirror mounted on the front of the vehicle
so that the driver, in a normal driving position, can see the area in front of the vehicle that
is obscured by the hood.
3. The motorized vehicle shall have at least two (2) flashing yellow beacons on the roof
of the vehicle, one at the front and one at the rear, at least one of which is visible from all
sides of the vehicle. These beacons shall be activated whenever merchandise is being
sold, offered for sale, or displayed for sale.
4. The motorized vehicle shall have an operable swing arm attached to its left side. This
swing arm shall be of a type, size, and description approved by the city, and shall be
activated whenever the vehicle stops to sell, offers to sell, or displays merchandise on a
public street.
5. The motorized vehicle shall have a sign or decal on the front and on the rear of the
vehicle in letters at least six inches (6") in height and visible for two hundred feet(200')
along a level, straight highway, identifying the vehicle as an ice cream truck and
containing the words "Children Crossing".
6. The motorized vehicle shall be prohibited from pulling any type of trailer.
7. Retail merchandise may not be sold, offered for sale, or displayed for sale from or on
motorized vehicles on public streets where the speed limit exceeds twenty five (25)miles
per hour.
8. The operator of the motorized vehicle shall not sell to any person standing in the
roadway.
9. The operator of the motorized vehicle shall sell, offer to sell, or display for sale retail
merchandise only when the vehicle is completely stopped and lawfully parked, and shall
sell only from the rear or side of the vehicle nearest to the curb or edge of the roadway.
10. The motorized vehicle shall not be moved backwards in order to sell, offer to sell, or
display for sale retail merchandise.
11. Each applicant for a license or renewal under this article shall submit, with its
application, a certificate of insurance executed by an insurance company or association
authorized to transact business in this state, approved as to form by the city attorney, that
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there is in full force and effect general liability insurance in an amount not less than two
hundred fifty thousand dollars ($250,000.00) for one person in any one occurrence, five
hundred thousand dollars ($500,000.00) for two (2) or more persons in any one
occurrence and one hundred thousand dollars ($100,000.00) for property damage, or such
greater amounts as set forth in section 63-30-34, Utah Code Annotated, 1953, as
amended, or its successor. Such policy or policies shall include coverage of all motor
vehicles used in connection with applicant's business. A current certificate of insurance
shall be kept on file with the city recorder at all times that applicant is licensed by the city
verifying such continuing coverage and naming the city as an additional insured. The
certificate shall contain a statement that the city will be given written notification at least
thirty(30) days prior to cancellation or material change in the coverage without
reservation of nonliability for failure to so notify the city. Cancellation shall constitute
grounds for revocation of the license issued hereunder unless another insurance policy
complying herewith is provided and is in effect at the time of cancellation/termination.
12. All motorized vehicles of the applicant and operators shall comply with all other
requirements of this article and any other requirements of ordinance or statute that may
be applicable.
B. The prohibitions of this section shall not be construed to prohibit vehicles from carrying
business markings or advertising not otherwise prohibited by law.
SECTION 21. That Section 5.69.080 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.69.080: USE OF PUBLIC RIGHT OF WAY:
Each mobile food business, offering food from or on motorized vehicles within the public right
of way shall abide by the following conditions and requirements. Failure to comply may result in
the suspension or revocation of a business license, and shall constitute a violation of this title:
A. Mobile food businesses shall obey all parking and traffic regulations as stated in title 12 of
this code.
B. Parking on a park strip, or otherwise landscaped area is not allowed.
C. Mobile food truck vehicles utilizing the parking space within the public right of way shall
park only in parallel parking spaces. Mobile food truck vehicles must be parked so that
neither the vehicle nor the customers block driveways of existing buildings or uses.
D. The operator shall locate the vending window facing the sidewalk. Mobile food truck
vehicles manufactured to vend out the rear of the vehicle must obtain special permission
from the transportation division to operate in the public right of way.
E. No mobile food truck vehicle shall occupy required parking stalls of the primary use.
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F. The mobile food truck vehicle shall use positive action to assure that its use of the right of
way, including the sidewalk, in no way interferes with or limits sidewalk users' free and
unobstructed passage.
G. The mobile food truck vehicle shall be prohibited from pulling any type of trailer.
H. The operator of the mobile food truck vehicle shall not sell to any person standing in the
roadway unless approved by the transportation division.
I. Mobile food truck vehicles shall not operate on public streets where the speed limit exceeds
forty five (45) miles per hour.
J. Unless licensed prior to January 1, 2013, a parked mobile food business shall conform to all
requirements in the Salt Lake City idling ordinances (title 12, chapter 12.58 of this code).
K. Any auxiliary power required for the operation of the mobile food truck shall be self-
contained. No use of public or private power sources are allowed without providing written
consent from the owner.
L. All motorized vehicles of the applicant and operators shall comply with all other
requirements of this chapter and any other requirements of ordinance or statute that may be
applicable.
M. All materials generated from a mobile food business that are to be disposed of should be
disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or
waste into the storm drain system. (Sections 17.84.100,prohibition of discharge into storm
drain system; 17.36.220, prohibition against opening manhole covers, of this code.)
SECTION 22. That Section 5.71.310 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.71.310: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter, other than those involving revocations, suspensions; denials or
approvals of a business license, operator's badge, department automated vehicle identification
tags and department inspection seal; may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Salt Lake City Code section
5.88.030 or its successor section.
SECTION 23. That Section 5.72.890 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
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5.72.890: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
TRANSPORTATION VIOLATION:
Civil notices under this chapter, other than those involving revocations, suspensions; denials, or
approvals of a business license, operator's badge, department automated vehicle identification
tags and department inspection seal; may be contested pursuant to the procedures and processes
governing the adjudication of civil notices of violation as set forth in Salt Lake City Code section
5.88.030 or its successor section..
SECTION 24. That Section 5.28.150 of the Salt Lake City Code is hereby repealed.
SECTION 25. That Section 5.63.150 of the Salt Lake City Code is hereby repealed.
SECTION 26. That Section 5.65.200 of the Salt Lake City Code is hereby repealed.
SECTION 27. That Section 5.68.110 of the Salt Lake City Code is hereby repealed.
SECTION 28. That Section 5.84.220 of the Salt Lake City Code is hereby repealed.
SECTION 29. That Section 5.85.070 of the Salt Lake City Code is hereby repealed.
SECTION 30. That this ordinance shall become effective on the date of publication.
Passed by the City Council of Salt Lake City, Utah, this 11 day of
July , 2017.
CHAIRPERSON
ATTEST: ,,,/
CITY RECORDER
Transmitted to the Mayor on July 21, 2017
Mayor's Action: V\ Approved. Vetoed.
AYOR
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ATTEST:
CITY RECORDER
(SEAL) APPROVED AS TO FORM
Bill No. 31 of 2017. Date: 4/2-S I
Published: July 28, 2017 •
By:
J en droyd,Senior Cty om
HB ATTY-#60137-v4-Civil Penalties
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