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065 of 1982 - Amendment to Repairs and Replacement of Sidewalks and Curb and Gutters 0 82--47 20ED SALT LAKE CITY ORDINANCE No. 65 of 1982 (Repairs and Replacement of Sidewalks and Curb and Gutters) AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 38 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965 RELATING TO REPAIRS AND REPLACEMENT OF SIDEWALKS AND CURB AND GUTTERS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 2 of Title 38 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby is is amended to read as follows: Chapter 2 REPAIRS AND REPLACEMENT OF SIDEWALKS AND CURB AND GUTTERS Sections: 38-2-1. Purpose and definitions. 38-2-2. Duty of owners and tenants to notify City of defective concrete. 38-2-3. Defective concrete discovered by City. 38-2-4. Notice to replace. 38-2-5. Cost of repairs. 38-2-6. Waiver of replacement requirement. 38-2-7. Ordinary repairs. 38-2-8. Exemption from payment. Sec. 38-2-1. Purpose and definitions. (1) Purpose. This title is enacted for the purpose of promoting the health, safety and welfare of the inhabitants of Salt Lake City by keeping sidewalks, and appurtenances such as drive approaches, parking bays and curb and gutter in repair. To this end it is deemed the responsibility of owners to notify the City of any defective concrete, existing at their property. (2) Definitions. For the purposes of this chapter the following terms, phrases and words shall have the meanings given herein: (a) Apartment house. "Apartment house" shall mean a building comprising four or more dwelling units designed for separate housekeeping tenements. (b) Appurtenances. "Appurtenances" shall mean drive approaches, parking bays and curb and gutter. (c) Business. "Business" shall mean any place in Salt Lake City in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood. (d) Defective concrete. "Defective concrete" shall mean when any of the following conditions exist within the public way: (1) The sidewalk sections or appurtenances have separated and raised or depressed to a point that one section or even a part of a section is elevated or depressed at least one (1) inch above the other; or (2) The sidewalk or appurtenances have shifted, or where greater than fifty percent of the surface area of any given section contains holes or depressions, which allow water to become entrapped or cause ice pockets. (3) Areas or sections of sidewalk or appurte- nances contiguous to sections which are in a condition as defined in (a) or (b) above show similar signs of deterioration to such an extent that they can reason- ably be considered as part of the overall defective areas or which must be replaced to effect a proper correction of the defective sections. When any of the foregoing conditions exist, the replacement required shall constitute extraordinary repairs. (e) In one ownership. "In one ownership" shall mean when the same person is owner of two or more lots or tracts of land even though such person may own them jointly with -2- dissimilar persons. (f) Multiple dwelling units. "Multiple dwelling units" shall mean four or more dwelling units designed for separate housekeeping tenements when such units are so situated as not to constitute an apartment house, when such units are located on the same lot or tract of land, or on two or more lots or tracts of land which are connecting and in one ownership. (g) Owner. "Owner" shall mean the person or persons who are either the record title holders of real property or is (are) the purchaser(s) of real property under any contract of purchase. (h) Residences. "Residences" shall mean buildings or dwellings comprising not more than three dwelling units designed for separate housekeeping tenements and where no business of any kind is conducted, except such home occupa- tions as are allowed and defined in the zoning ordinances of Salt Lake City. (i) Section. "Section" shall mean a portion of the concrete which is set apart by expansion joints. Sec. 38-2-2. Duty of owners and tenants to notify City of defective concrete. Any person owning real property in Salt Lake City and any tenant of real property in Salt Lake City shall report to the City Engineer's Office the fact that any defective concrete exists in front of or along the side of the property owned or occupied by said owner or tenant. Sec. 38-2-3. Defective concrete discovered by City. In the event any defective concrete is discovered or observed by the City, City shall have the right to give notice to the owner of the adjacent property the same as if reported by the owner or tenant. Sec. 38-2-4. Notice to replace. Whenever the City receives notice of any defective concrete, as provided in Section 38-2-2 of these Revised Ordinances or discovers same as provided in -3- Section 38-2-3 of these Revised Ordinances and City deems that such concrete is defective, it must be replaced. Upon such determination by the City, it shall notify the property owner whose property is adjacent to the defective concrete where such replacement is needed that the owner shall have the options provided in Section 38-2-5 of these Revised Ordinances for the method of replacement. Said notice shall also set forth the cost of replacement to the owner in the event such replacement is made by the City or by a contractor employed by the City Sec. 38-2-5. Options and cost of repairs. After notice is given as specified in Section 38-2-4 of these Revised Ordinances, the replacement of any defective concrete may be made in the manner as herein set forth and the cost thereof shall be paid as follows: (1 ) If the adjacent property is a residence, the owner may employ a contractor to make the required replacement. Such replacement must be done according to City specifications, to the satisfaction and approval of the City Engineer, shall be done only after obtaining the required permit and shall be completed within 30 calendar days of receipt of the notice provided for in the preceding section. Replacement made under this subsection (1 ) shall be at the sole cost and expense of the owner. (2) If the adjacent property is a residence, the owner may agree in writing, upon forms approved by the City Attorney's office, to pay 50% of the cost thereof in advance and the City shall pay the remaining 50% of the cost of replacement. In such case, the City shall make the replacement or employ a contractor to make same, subject to the availability of funds. (b) For replacement made to defective concrete adjacent an apartment house, business, multiple dwelling units and any other case other than a residence, the owner of the adjacent property shall pay the total cost of such replacement. Such replacement may be accomplished, at the option of the owner, by a contractor employed by the owner or, upon payment to the City of the total -4- cost thereof in advance, by the City. If done by a contractor employed by the owner, such replacement must be done according to City specifications, to the satisfaction and approval of the City Engineer. It shall be done only after obtaining the required permit and completed within 30 calendar days, weather permitting, of receipt of notice provided for in the preceeding section. (c) The owner must notify the City Engineer, within seven (7) calendar days of receipt of the notice provided for in the preceding section, under which option said owner wishes to proceed. (d) In the event said owner refuses to notify the City Engineer as to the option elected by the owner for the necessary replacement, the City may then create a special improvement district for the purpose of making the required replacement after said district is created and levy assessment on the property in accordance with Section 10-16-1 et seq., Utah Code Ann. 1953, as amended; provided, however, that the City may pay up to 50% of the cost of replacement, subject to the availability of funds, when the adjacent property is a residence and levy the balance as an assessment against the property. Such assessment shall be designated by the ordinance creating the special improvement district to be paid by the owner of the property assessed over a period of five (5) years from the effective date of said ordinance. (e) This section shall not preclude payment being made for replacement to defective concrete adjacent to a residence by the City under special conditions, such as the City receiving a Federal grant for such replacement, a low income waiver, as provided in Section 38-2-10 of this chapter, for the City to pay all or a portion of said cost. Prior to making any payment in excess of 50% in the case of a residence, the Mayor must first establish a written executive policy concerning what percentage the City will pay. -5- Sec. 38-2-6. Waiver of replacement requirement. In the event the City shall determine that any defective concrete should not be replaced because of a contemplated overall street repair or replacement project, lack of funds or other good reason, the Mayor or the Mayor's designee may temporarily waive the requirement of replacement. Sec. 38-2-7. Ordinary repairs. Any repairs required to be made to sidewalk or appurtenances which are not defective, as defined herein, shall constitute ordinary repairs. In the event the City determines that any ordinary repair should be made, the entire cost thereof shall be borne by the City, subject to availability of funds. Sec. 38-2-8. Exemption from payment. When the owner of a residence adjacent to any defective concrete which requires replacement shall have a combined family income at or below the levels established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA", as amended from time to time, the entire cost of replacement shall be paid by the City, subject to the availability of funds. Such owner, upon filing an application therefor with the City, shall be exempt from the payment required by Sections 38-2-5 and 38-2-9(b) of these revised ordinances. In order for the above income guidelines to become effective for the purposes of this section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 12th day of August, 1982. CHAIRMAN- -6- ATTEST: C I�R E L Transmitted to the Mayor on August 26, 1982 Mayor's Action MAYUH ATTEST: L_{/ C ITY IWER cc36 ( S E A L ) Published: September 16, 1982 -7- ADM-35A Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake .SALT LAKE CITY ORDINANCE —•, ...........Debra,.Scroggins ri?gV31�..................................... NO.65 of Hp (ReaNn d( ql AN ORDINp ICE N I�T G C A R R OF 7�TL�s OF THE REVISED D NANCES OF SAE LAK6'CITY'- Being first duly sworn,deposes and says that he Is legal VTAH,19MS R G TO REPAINA-YtNDPLACEMENI' OF �E� �K A DCiUnRB ANDC. .�TNTE4RR�SSC advertising clerk of the DESERET NEWS, a daily SECTIONI KiN.ChaPPlteertf f THle7iofMa�*fl°ed Ordb nances of5eRl aCnv,Uteh,7966,be,entl 4 Nme hereby (except Sunday) newspaper printed in the English la amenaN to.S.., a.rouowh language with general circulation in Utah, and yy55y.� Chapter P REPAIR,S'AND REPLACEMENT OF SIDEWALKS published In Salt Lake City, Salt Lake County, In the AND%CURB AND GUTTERS State Of Utah. Sectfom: 3eR-1.,PurTt1 Is and ANinitlons. 3s-R-2.WiV�ff owhere entl taneMa to notl}v Cliv al dafec- nvec�ncrete. 3a-1-3.Nofket r%lalat.dlacoverN by City. That the legal notice of which a copy is attached hereto 7e-]-5.Notke to r lets. 3e-4.5.w I1—of r�lic°m°nt n" 3&7.7. din. re rs. ulrament.- riveI For he,,yPer title ens end Pub. S.L. Ordinance No. 65 of 1982 38-R-1,Exempiloan Irani ym t. (I Ic P36sp-1osPnlrl,°I'sBtit"Ia°RMlaclwof(orme:pu Pose off p ............................................................................................................... da,ke°pCltrye�Makl°a'aI ldewallk,an�dyr0PUR °ea°}."such ast To this end It b,deemed the rNPM Ip1IIfYs to`miiv ............................................................................................................... me City 01 defective mnttero,exlailnR' YPrapertY. (3)Definrtiona.For the pureoa s ) er the rollow- Ing terms,phases and vyRrdl'Ma11.MW frilenIns;given herein: ............................................................................................................... *11 "'Def tlmunll na butsIIN its deabned ror fdItmean drive .........................................................................................................°� e4Ypiece InSalt :or.rrld on orinclp°I- IY. cccusetion for theourpoaet ............................................................................................................... actiinwheMorons,exil`wlthrn°tthe-bbk wayt was published in said newspaper on......................................... separated andaisBed or sections r appurteltenc9e have Beeedd to a pmott t that one Ncilon or even a Pall o/a section is elevated or de- pressatl of ledat oN(1)Inch above the other;ar (R)The akbsafi pprr aPpurtanencN have shifted, ...................$t?pt...... ...1.9.8�.............................................................. or where yyre►ter Men 111N percent of the surface area, of anti give-section mmeins holes or or""1ole,. whit allow water to become entrapped or cause is pokers:ooff ..................................................... Legal Advertising'CIe . 3)Ar o or a}�aa�occnttlons.1 sidewalk or ep rolnMances fined In01(ta)tor(b)a above show Simller sCOlonn,"of da°bteg: .ten to evch aann„t al dew ten-gowned,tr - i cmonnss 41 gefective ernes or vlhk-mUIT Be r.+sP a td to proper correctlon. Pf the defective sM�ona. When any.the brapping c�prMitlons exet tie reatammam 4.1red-hell parlatltNe exmNrdf ery before me this..2Ath.......................................................................day of rePalrs. fe)1n One°WfgrNia."In p1a oWYNrN1iP"8ha11 mean IlMdneveaee Pharewn iaer°WlonBn may 000w•n them loIn ny with ddi°a- A.D. 19. 82 similar"na. .............. ......., (t)Multiple dwell)n until."MOltlple dwelling unit°"shall mean four or more dwev lllrtg units deigned for separate h-u- kpeping tenemanh wfien—1 unha are w sleeted as not to mnefNufe en apartment house,when such units ere located on the same or tract.land,.on two 01 more Its or tracts 7 of IanO wh ch are oorn t!rp antl In one owMrfMp. (b)OwNr."OWMr' shall mesh Me parson or pprr ': ./G who are .—the record title hold..of--1 Propene or 1, :c:;<�.l `.....17 7........{..(,�.2,��.'k':............ arre)t�Purchaser(s),of real proNrtY under any con nrpxt of estp Notary Public dWellti)).pgRBrgnf�l:.g„ran then MIN dmQ°lwallltglunlle°or ipNd br 9epar�fa houNkaepltq tanNnama and Wh.eno business of any kind Is mNucted,except such 1lonre occupy lions se pre allowed and defined In Me rAninp ordinenms of Sam L.eke ClfY.. (U Sset av r&edexmpaa elan-ninth a Portion.the roncre}e del . 39•SY°rtDury by eof nowners°er E•}Name tpo�rPo.11tN CIt$ye. L°Meke CIN and anytenantot of real prMaprty Iin Salt Lake CIN hell report-ro the GI�s!..EnaineerOntim iM fecf Met env defective mrcraro exlNs In front of.atop fhe.Ids of Me Pro'arty Owned..am ped by Mid TCW Orf ham. event env sdHecrlw�Yncv isle s dlxoOiI%rWa"by Me -CIN,'CIN Mall have the right to$I notlu to the owner M iteNtal°dlt)ecent prpPgrly 1)e b.rla a.N,reperMd by Me owner or 'sac.3e-ia.Nd�rre ro-Niece.wlenev.Ms pplryy receives 617ce.em defective corlcreta,sa�spProvldeq in SecTlott 3b3.3 SotectirotN°8it"*,'of 1MMn°Rw as i Intl nencea°Ik City deavinsillai i wch CCgqncrero 19 dala�(IWf r must M d6temnination'aY Ne CIN,n shell noNN 1M Mgorty Z tI wwllboeeee.orxxty Is adlaoMI ,Me dglecllva c rste W ere wut)t r.4PolyK�NaynegMr lye ar lelPN�iYd Met hw owner II have the oP• f„or me I IIMed'BI MPI°eim3F21 a t1eN 1W Ontl1forth the nisi of ngplacemNt ro tM ow$°r Iertl Ia tM e`vhe°n11100 ypi rf°tepM am Is made by Ms CIN or by a contract.MnatoyN replace, the CItY. Sec-7&V O a are cost of rape It. A}yr nWke Is given a°meciried of°CN ?Ve r Rssl I be Iren- e,the repla nay act ale ry1 the Tens-a°IerNnMt forth and tM mat pyjaq y�°tlBpg Peltl as rollow.: (1)If Me edlaCW pmperiv I°a relldenra.Me Owl.p be employ e'contraOl�ro make the r. rod rapt Su eWaomenf muff be dqe eccording tp Cffy spec ff.Ipry,ro the Ntisfaclion amp epq'ovgl of Me CIN E�MNr Mall M done only afar abs°Ini iM regNratl permit ar.d shell ''�onredleNtN wi n 30 FerBrr VI of rap Pat of AM I,undar,thi,Wb MlH.(1)shell be of IM-NRNeplgen entl bipepN .l oymer_ propery Is a reeltlerca file owMr mev �sBroe Inrwr,�Yfi Bm�apenn/oarma approved liy iMNCpI1and N A a ,,cto1rptp `Glty in.li m�ek01MtlrinnVaBpli vnry[yawp°t�a�amplC cont(7)For 1 Name,askme an ro�aMecnwuwbrpicrole'adlacam an apartment faux,business,multiple AvNliiq Is ads env '01her cax adror men a rHIdBIKe,Me owror o1 th,atllscant ProPerh'$hall pay the total cost' auto reolsanYent.such aBP aCerMllt may be....I P01hld,at the oq)on of the tamer, by a conhactar emploYetl by the mailer or,upon=rranl to i titione W a wmremcltir a lW1 1dMolbvntne 0 iier�wcli reWsoe{ »tis Ion a appppeal of I city Fat tons,1111 bra done only after ablaln1M the 1 Iretl permit and ttanPleteof ti�eha A In R1e Yi s e0ire sect'gTirs,of receipt of M. (7)ceieMert Aalyara austerelYt ofIneCiiNWkelaM orn ixvihe precedlM.aectlon,under which Dist"seW owner wish0f 10 Proceed. l5)In ids event said—hor refuses to notlN file CIN Ertpl- neer as to the OPtlpn 01Ktetl by ids OWiter br Ili$I1$tBffd distrct fortiFle ou ltr~of Maki Mar peri e0 re�plpcemenntt ether seal dlstrlci Is created and tevY assessment M tiro Pro6 arty In accordable with 590,m 10.141Uteh Cade Aoan, I oS'aso%ofof M0 osirof i lecart�ne—I.-cl io CMe eve YeDll� ty of funds,when the adacent properly Is a reslaence aids levy the balance as an assessment apa1M ids prpp0rN Such assessment shell be dmlone(eAt wgrdlMnce veSti p Ids avensl hnwovem$pR diet ip_jt I Itl w iha owMr"of tM era ive tlate of u U mdine P�eYi I ve(pse)-veen hen the N /br reokceimmt to Hj easaay0�i�«erd foaieMfldar litia;to Foederal nderM brrowtp pbt�aceiMM,a Iow 1 Cnc neFaly- ar.Y ell roorva ton Iselx d Prior fo makliq ytwvmast fir excess of 50%In itro case of a"all—lte,=m as.must !bast estebllan atywrNi"y"""We poll"c emfrq what car�.ape�-b.CWe',�o('reoleceinem r Iramwd.m me amid riot Clbee.rapttxcee&tarb.cmwfe of a°M yylmaad—at. d I street ropelr er replacMront ProtectMwvo.18tk of halls or oRror Bo�Yawaive the eeulreremenr t W replep,s deslow may han a, ar Ne 7.Mtllne,rus�Palra.AM'repelrs reiWime&to rad to De sa defModd herein ihell con�atlaM orOiaaY�e etI�In 1Me m the CI determines that any ortliMry repair Itl a made.ids Ire Cost ttw m shall be bads by 1M IN,aub- tact to eyeuebiHtY of funds. Sec Js- E emotbn hen MYment.Wh m e proem of a residence adlaCBm to anY defective ton[rele whits raWlres ieobc&nent shall have a Cambiiled/amity income et or belwv ds Iwels eateblis�M the Depertmem of tfankro and urban Developnealm n Its"Incoin Limits for H�SypInB one GN end%danDe;,UtM�tSMI�$e aftn iiomfor io Lek.. ids entire cost of repleMrMnt shell be Pald ba'the rty rods aed ro the'avallabilHv of hinds.SUM owner,upon II Ids an PPncatfon tirorefor wi5m50emctlh�e ciN,fnau ba a hole r11e eVlxdoMlMlnas.bin ortler for t�hejetiwe IMmie)puWelit names to become eHecYlve 1m N1e,Purppees of this sMtlon, the CM must reCalve Miekye ol full errlarltlirleni and xme must be a�ERION 2 aTYih ro Ainenutvihelltelte effect upon the date m I Pl�r pWMll t�theiClty Council d saR Lake Clty,Utah,'this 12thdev of August,tOY[. s.FONNESgECK ATT T CHAIRMAN CAT YC tAARSHALL_ CITY RECORDER nurM'4 Arlon 'a TED WILSON MAYOR ATTEST: KAT RYN MARSHALL CITY 6CORDER o-pBEAU lHMu:September Is,i96]