037 of 2011 - Modify landlord/tenant program regulations (Amending Chapters 5.04, 5.14 & 5.15) 0 11-1
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SALT LAKE CITY ORDINANCE
No. 37 of 2011
(Amending Chapters 5.04, 5.14, and 5.15
Regarding the Landlord/Tenant Initiative Program)
AN ORDINANCE AMENDING CHAPTERS 5.04, 5.14, AND 5.15,SALT LAKE CITY
CODE, TO MODIFY LANDLORD/TENANT PROGRAM REGULATIONS.
WHEREAS, it is proposed that various sections within Chapters 5.04 (Business
Licenses), 5.14 (Rental Dwellings), and 5.15 (Landlord/Tenant Initiative) of the Salt Lake City
Code be amended to modify landlord/tenant program regulations; and
WHEREAS, the City Council of Salt Lake City, Utah, finds the ordinance amendments
set forth below reasonably further the health, safety, and general welfare of the citizens of Salt
Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 5.04.040 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.04.040: LICENSE-NOT REQUIRED WHEN:
A. Exemptions: No base license fee shall be imposed under this chapter upon any person:
1. Engaged in business for solely religious, charitable, eleemosynary, or other
types of strictly nonprofit purpose who is tax exempt in such activities under the laws of
the United States and the state of Utah;
2. Engaged in a business specifically exempted from municipal taxation and fees
under the laws of the United States and the state of Utah;
3. Engaged in a business operated under the supervision of the Utah State Fair
Corporation and located exclusively at the Utah state fair park during the period of the
annual Utah state fair; or
4. Not maintaining a place of business within the City who has paid a like or
similar license tax or fee to some other taxing unit within the state, and which taxing unit
exempts from its license tax or fee,by reciprocal agreement,businesses domiciled in the
City and doing business in such taxing unit.
B. Disproportionate Fees: The exemptions set forth in Subsections Al, A2, and A4 of this
section shall not apply to any disproportionate fees which may be applicable under Section
5.04.070 of this chapter to a person doing business in the City, nor to any other fees or charges
which may be required under this code.
C. Reciprocal Agreement: The Mayor may,with approval of the City Council, enter into
reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable
and proper in effecting the exemption provided for in Subsection A of this section. Nothing in
this section shall preclude the City from reviewing and investigating a business license
application under such a reciprocal agreement, and requiring payment of disproportionate fees or
other fees or taxes imposed by any other provisions of the ordinances of the City, in the
discretion of the City Council.
SECTION 2. Section 5.04.070 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.04.070: LICENSE FEES LEVIED:
A. Fees For Businesses Located In The City: There is levied upon the business of every
person engaged in business in the City at a place of business within the City, an annual business
license fee per place of business except as otherwise set forth in Subsection F of this section. The
amount of the fee shall be the base license fee imposed under Subsection B of this section,plus:
1. The regulatory fee imposed under Subsection C of this section, if applicable;
and
2. The disproportionate cost fee imposed under Subsection D of this section, if
applicable; and
3. The enhanced services fee imposed under Subsection E of this section, if
applicable.
B. Base License Fee: The base license fee levied and imposed, covering licensing,
inspection(if applicable), and related administrative costs shall be as follows:
1. Home occupation businesses: As shown on the Salt Lake City Consolidated
Fee Schedule.
2.Non-home occupation businesses: As shown on the Salt Lake City
Consolidated Fee Schedule.
C. Regulatory Fee: The regulatory fee levied and imposed, for direct costs associated
with doing business within the City, covering licenses listed under the regulatory fee heading of
the Salt Lake City Consolidated Fee Schedule shall as set forth thereunder.
D. Disproportionate Cost Fee:
1. It is determined by the City Council that a disproportionate level of municipal
services are provided to certain businesses within the City in comparison with the level of
services provided to other businesses and to residences within the City, based on
additional municipal services provided to such businesses and on disproportionate use of
public utilities and services for police, fire, storm water runoff,traffic control, parking,
transportation, beautification, and snow removal. Disproportionate cost fees shall be
levied as set forth in Subsections D2 and D3 of this section.
2. For any business having employees, the disproportionate cost fee for such
business shall be as shown on the Salt Lake City Consolidated Fee Schedule, per
employee, for each full-time and part-time employee exceeding one (1), engaged in the
operation of said business, based upon the"number of employees" as defined in Section
5.02.005 of this title, or its successor section.
3. The disproportionate cost fee for a specific type of business shall be as shown
on the Salt Lake City Consolidated Fee Schedule.
a. Except as set forth in Subsection 3b of this section,the disproportionate
cost fee for a rental dwelling shall be based upon the number of dwelling units
located in the rental dwelling.
b. The disproportionate cost fee for a rental dwelling which is a fraternity,
sorority,rooming, or boarding house shall be based upon the number of rooms
which have been constructed for lodging or sleeping purposes or which are used
for lodging or sleeping purposes.
E. Enhanced Services: It is determined by the City Council that municipal services are
provided to businesses within the central business district and the Sugar House business district,
as defined in the zoning ordinance, at a level which exceeds other geographic areas of the City.
No enhanced service fee shall be charged said businesses at the present time.
F. Multiple Rental Dwellings: An owner of multiple rental dwellings or multiple
buildings containing rental dwellings within.the City shall be required to obtain only one (1)base
license and to pay one(1) base license'fee for the operation and maintenance of all such rental
dwellings plus a disproportionate cost fee as set forth, respectively, in Subsections B and D of
this section.
G. Fee For Businesses Located Outside The City: There is levied upon every person
engaged in business in the City,not having a place of business in the City, and not exempt as
provided by Section 5.04.040 of this chapter, or its successor section,the same license fee as if
such place of business were located within the corporate limits of Salt Lake City.
H. Renewal Notices: Any notice or'renewal reminder provided by the City in connection
with this section may be sent by ordinary mail, addressed to the address of the business as shown
on the records of the City's licensing office, or, if no such address is shown, to such address as
the licensing office is able to ascertain by reasonable effort. Failure of a business to receive any
such notice or reminder shall not release such business from any fee or any penalty,nor shall
such failure operate to extend any time limit set by the provisions of this chapter.
SECTION 3. Section 5.04.120 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.04.120: RETURNS NOT TO BE MADE PUBLIC:
A. Returns Not Public: Returns'made to the license supervisor, as required by this
chapter, shall not be made public nor shall they be subject to the inspection of any person except
the City supervisor or the supervisor's authorized agent, or to those persons first authorized to do
so by order of the Mayor.
B. Release Unlawful: It is unlawful for any person to make public or to inform any other
person as to the contents of any information contained in, or permit the inspection of, any return,
except as in this section authorized.
C. Release Subject To Records Laws: The foregoing notwithstanding,the retention,
disclosure and release of all records received or kept by the license supervisor shall be subject to
the requirements of the Utah Governmental Records Access and Management Act, Section 63G-
2-101 et seq., Utah Code Annotated, and Title 2, Chapter 2.64 of this code, or its successor
chapter.
SECTION 4. Section 5.14.010 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.010: DEFINITIONS:
For the purpose of administering and enforcing the provisions of this chapter the
following defmitions shall apply:
A. "Dwelling"means a building or portion thereof used or designated for residential
occupancy and which includes kitchen and bathroom facilities. The term "dwelling" includes
fraternity, sorority,rooming, and boarding houses, but excludes hotels, motels,bed and breakfast
establishments, and apartment hotels.
B. "Rental dwelling"means a building or portion of a building that is:
I. Used or designated for use as a dwelling by one (1) or more persons;
and
2. a. Available to be rented, loaned, leased, or hired out for a period
of one (1) month or longer; or
b. Arranged; designed, or built to be rented, loaned, leased, or
hired out for a period of one (1) month or longer.
SECTION 5. Section 5.14.020 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.020: LICENSE-REQUIRED FOR RENTAL DWELLINGS:
A. Rental Dwellings: It is unlawful for any person, as owner, lessee, or agent thereof to
keep, conduct, operate, or maintain any rental dwelling within the limits of Salt Lake City, or
cause or permit the same to be done, unless such person holds a current, unrevoked business
license for such dwelling.
B. Business License-Inspection Permit:
1. An owner of a building or buildings containing one (1) or more rental
dwellings is required to obtain only one (1) business license for the operation and
maintenance of all of such dwellings as provided in Subsection 5.04.070F of this title.
2.Notwithstanding Section 5.14.020A and Section 5.14.020B1, an owner of a
building or buildings containing only one(1)or two (2) rental dwellings is not required to
apply for a license for such dwellings until September 1, 2011.
3. In addition to a business license, an inspection permit shall be required for each
building containing three (3) or more rental dwellings, regardless of whether it is part of a
complex located upon the same parcel or upon separate parcels of property owned by the
same property owner. Licenses and permits shall be issued as provided in Section
5.02.120 of this title or its successor.
C. Transfer Of Licensed Premises: A rental dwelling business license is not transferable
between persons or structures, and persons holding such licenses shall give notice in writing
within forty eight (48)hours to the license office after having transferred or otherwise disposed
of the legal or equitable control of any premises licensed under these provisions. Such notice of
transferred interest shall be deemed a request to transfer the business license, and shall include
the name, address, and information regarding persons succeeding to the ownership of control of
the premises as required under Section 5.14.030 of this chapter, or its successor.
SECTION 6. 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;
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 license application; and
E. The signature of the owners of the premises, and the operator if different, agreeing to
comply with applicable ordinances and to authorize inspections as provided in this chapter.
SECTION 7. Section 5.14.040 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.040: LICENSE-FEES:
The license fee for a rental dwelling business license shall be as shown on the Salt Lake
City Consolidated Fee Schedule, including any applicable disproportionate fee for each rental
dwelling per annum or any portion thereof as provided therein.
SECTION 8. 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:
An original application for a rental dwelling business license, and any renewal thereof,
shall be referred for approval to the departments listed in Sections 5.14.070 and 5.14.080, or their
successors. The directors of such departments, or their designees, shall determine,based on the
self-certification provided by an applicant under Subsection 5.14.030D and any other relevant
information,if an inspection is needed to determine whether or not applicable laws, ordinances,
and regulations pertaining to life/fire safety, fire protection and prevention, and applicable codes
have been and are being complied with.
SECTION 9. 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 license for a rental dwelling with three (3) or more dwelling
units, and any renewal thereof, shall be referred to the Fire Department for investigation as to
whether or not applicable laws, ordinances, and regulations pertaining to life/fire safety and fire
protection and prevention have been and are being complied with. Within a reasonable time, the
Fire Department shall report to the license office as to the fitness of the applicant regarding
compliance with said laws. After a license has been granted, the Fire Department shall annually
inspect the licensed premises with regard to code compliance to approve renewal of such
licenses. Should it subsequently appear that any law or ordinance is violated, such fact shall be at
once reported to the license office, at which time such office will inform the Mayor and take
action in regards to the revocation of the license as the Mayor deems just and proper in light of
the facts of the case and applicable provisions of this chapter.
SECTION 10. 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 ZONING ENFORCEMENT
DIVISION:
An original application for a license for a rental dwelling with three (3) or more dwelling
units, and any renewal thereof, shall be referred to the Building Services and Zoning
Enforcement Division for investigation as to whether or not the applicable requirements of the
Existing Residential Housing Ordinance, International Building Code, and Uniform Code for
Abatement of Dangerous Buildings, as adopted and amended in Title 18 of this Code, or its
successor, are being complied with. Within a reasonable time,the Building Services and Zoning
Enforcement Division shall report to the license office the fitness of the applicant regarding
compliance with said ordinances and regulations. Should it subsequently appear that applicable
law or ordinance of the City is being violated, such fact shall at once be reported to the license
office, at which time the license office shall inform the Mayor and take action regarding the
revocation of said license as the Mayor deems just and proper in light of the facts of the case and
applicable provisions of this chapter.
SECTION 11. Section 5.14.085 of the Salt Lake City Code shall be, and hereby is,
enacted to read as follows:
5.14.085: LIMITATION ON RE1NSPECTIONS:
If the City inspects a rental dwelling and thereafter approves a rental dwelling business
license,the City may not inspect that rental dwelling during the next thirty-six (36) months,
unless reasonable cause exists to believe that a condition in the rental dwelling is in violation of
an applicable law or ordinance.
SECTION 12. Section 5.14.110 of the Salt Lake City Code, relating to tenant application
fees, shall be, and hereby is, repealed.
SECTION 13. Section 5.14.115 of the Salt Lake City Code shall be, and hereby is,
enacted to read as follows:
5.14.115: ADOPTION OF RULES AND REGULATIONS:
The license officer may adopt rules and regulations, approved by the Mayor, to
implement the provisions of this chapter. Such rules and regulations shall not conflict with this
chapter or other law.
SECTION 14. 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. Any rental dwelling owner who manages the owner's rental dwellings in
accordance with applicable provisions of this chapter,thereby reducing demand for City
services to such dwellings, should receive a discount in the disproportionate cost 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
referred to the "Good Landlord Program")wherein disproportionate cost fees payable under
Section 5.04.070 of this Code will be discounted for any owner of a rental dwelling who meets
the requirements of this chapter.
1. All applicants for a rental dwelling 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 15. Section 5.15.020?ofthe,5a t Lake City Code shall be, and hereby is,
amended to read as follows:
5.15.020: PROGRAM ADMISSION REQUIREMENTS:
A. Application: An owner of a rental dwelling who meets the requirements set forth in
this section may apply for admission to the Landlord/Tenant Initiative program and, if admitted,
shall receive a disproportionate fee discount as shown on the Salt Lake City Consolidated Fee
Schedule.
B. Admission Requirements: The following requirements shall apply to the rental
dwelling owner or agent of the owner responsible for day-to-day management of the owner's
rental dwellings. In order to be admitted to the program,the owner or the owner's agent shall:
1. Complete an application which provides rental dwelling owner and
management information deemed necessary by the Mayor to meet the requirements of
this chapter;
2. Complete a four (4) hour training program having the content provided in
Section 5.15.040 of this chapter;
3. Complete a similar four (4)hour training program every three(3) years after
completion of the initial four (4) hour program; and
4. Execute a written agreement with the City regarding the management of the
owner's rental dwellings as provided in Section 5.15.030 of this chapter.
SECTION 16. 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 the
Section 5.15.020 of this chapter shall include'provisions that:
1. Require use of lease provisions, approved by the Mayor, intended to reduce
crime on the premises;
.
2. Specify measures, approved by the Mayor,to be taken at the rental dwelling
premises intended to reduce crime;
3. Require compliance with City and other code provisions applicable to the
premises, including but not limited to,building, fire, mechanical, and plumbing codes;
snow removal; weed control; and noise;
4. Require nondiscrimination and fair housing as provided in local, state, and
federal law;
5. Prohibit retaliation against any tenant as the result of reporting violations of a
lease agreement,rental dwelling management agreement, or the City code;
6. Require the rental dwelling owner to track annually occupancy denials and
evictions, and provide a record thereof to the City on request;
7. Require two semi-annual meetings for rental dwelling tenants,initiated by the
rental dwelling owner or the owner's agent,to discuss tenant concerns and review rental
dwelling licensing rules;
8. Encourage,but not require, tenant background and credit checks; and
9. Require the rental dwelling owner to be excluded from the Landlord/Tenant
Initiative Program upon non-compliance 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 17. Section 5.14.050 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: A first-time applicant to the Landlord/Tenant Initiative
program shall complete required training within six (6) months after the applicant's rental
dwelling license is approved. Failure by the rental dwelling owner or the owner's agents and/or
managers to timely complete the program shall be grounds for disqualifying the owner from
participating in the program.
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 (1) 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 18. Section 5.15.080 of the Salt Lake City Code shall be, and hereby is,
enacted to read as follows: ,
5.15.080: ADOPTION OF RULES AND REGULATIONS:
The license officer may adopt rules and regulations, approved by the Mayor,to
implement the provisions of this chapter. Such rules and regulations shall not conflict with this
chapter or other law.
SECTION 19. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 14 day of June
2011.
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CHAIRPERSON
ATTEST:
RE ER
Transmitted to Mayor on June 14. 2011 •
Mayor's Action: ,X Approved. Vetoed.
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Bill No. 37 of 2011. tYMkkT€�, ��
Published: .Tio y 201 1 APPROVED AS TO
FORM
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