074 of 2009 - amending chapters 5.04 and 5.14 and enacting Chapter 5.15 to establish a landlord/tenant initiative 0 09-1
0 09-39
SALT LAKE CITY ORDINANCE
No. 74 of 2009
(Amending Chapters 5.04 and 5.14, and enacting Chapter 5.15
to Establish a Landlord/Tenant Initiative Program)
AN ORDINANCE AMENDING CHAPTER 5.04 AND 5.14, AND ENACTING
CHAPTER 5.15, SALT LAKE CITY CODE, TO ESTABLISH A LANDLORD/TENANT
INITIATIVE PROGRAM.
WHEREAS, it is proposed that Chapters 5.04 (Business Licenses) and Chapter 5.14
(Apartment Houses) of the Salt Lake City Code be amended and that Chapter 5.15
(Landlord/Tenant Initiative) of the Salt Lake City Code be enacted to establish a landlord/tenant
program;
WHEREAS, the City Council of Salt Lake City, Utah, finds (i) the Landlord/Tenant
Initiative program, as set forth below, should be established to encourage better management of
rental dwellings in the City, and (ii) adoption of this Ordinance reasonably furthers 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. Amending Chapter 5.04. That Chapter 5.04 of the Salt Lake City Code,
shall be, and hereby is, amended to read as follows:
Chapter 5.04
BUSINESS LICENSES
Article I. Administration
5.04.020 LICENSE-ISSUANCE:
The ordinance codified herein is enacted to establish the base license fee for general
businesses and to establish additional fees for businesses receiving a disproportionate level of the
city's services. No license may be issued for a business operation which, on the face of the
license application, would be in violation of criminal laws or ordinances or where the place of
business would be located in an area not zoned for such business activity unless it is a legal
nonconforming use as provided in Chapter 21A.38 of this code.
5.04.040 LICENSE-NOT REQUIRED WHEN:
A. Exemptions: No seventy dollar($70.00) 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
by the laws of the United States or the state;
3. Engaged in a business operated under the supervision of the division of
exposition of the Utah state department of development services and located exclusively
at the Utah state fairgrounds 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: No disproportionate fee shall be imposed under this chapter on
any person who is exempt from a business license under Subsections Al or A2 of this section.
With regard to SubsectionA4 of this section, this exemption shall not apply to any
disproportionate fees which may be applicable under Section 5.04.070 of this article 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
regulatory fees or other fees or taxes imposed by any other provisions of the ordinances of the
city, in the discretion of the city council.
5.04.050 BASE LICENSE ADDITIONAL TO ALL OTHER TAXES OR LICENSES:
The base license fee and disproportionate fee imposed by Section 5.04.070 of this article
shall be in addition to any and all other taxes or licenses imposed by any other provisions of the
ordinances of Salt Lake City.
5.04.060 FEE-NO UNDUE BURDEN ON INTERSTATE COMMERCE:
None of the license fees provided for by this chapter shall be applied as to occasion an
undue burden on interstate commerce. In any case where a license fee is believed by a licensee or
applicant for license to place an undue burden upon such commerce, such person may apply to
the mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or
unfair as to such commerce. Such application may be made before, at or within six (6) months
after payment of the prescribed license fee. The applicant shall, by affidavit and supporting
testimony, show the method of applicant's business, the gross volume or estimated gross volume
of business, and such other information as the mayor may deem necessary in order to determine
the extent, if any, of such undue burden on such commerce. The mayor may designate a person
to conduct an investigation, comparing applicant's business with other businesses of like nature.
The mayor's designee shall make findings of facts; shall determine whether the fee fixed by this
chapter is discriminatory, unreasonable or unfair as to applicant's business; and shall recommend
to the mayor a license fee for the applicant in an amount that is nondiscriminatory, reasonable
and fair. If the mayor is satisfied that such license fee is the amount that the applicant should pay,
the license fee shall be fixed in such amount. If the regular license fee has already been paid, the
mayor shall order a refund of the amount over and above the fee fixed by the mayor. In fixing the
fee to be charged, the mayor shall have the power to use any method which will assure that the
fee assessed shall be uniform with that assessed on businesses of like nature.
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:
I. The regulatory fee imposed under Subsection C of this section, if applicable;
and
2. The disproportionate impact 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: Seventy five dollars ($75.00).
2. Nonhome occupation businesses: One hundred dollars ($100.00).
C. Regulatory Fee: The regulatory fee levied and imposed, for direct costs associated
with doing business within the city, covering licenses listed under Section 5.90.010, "Schedule
1", of this title shall be 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 and residences within the City in comparison
with that 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.
2. The fee determined to be related to the disproportionate cost of such municipal
services is fifteen dollars ($15.00) per employee for each and every full-time and part-
time employee exceeding one (1), engaged in the operation of said business, based upon
the "number of employees" defined in Section 5.02.005 of this title, or its successor
section.
3. Additional fees for disproportionate costs related to a specific business are
listed under Section 5.90.020, "Schedule 2", of this title.
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 costs 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. Nonrefundable Application Fee: In the event any initial or renewal business license
application is denied by the city or is withdrawn by the applicant, the city shall be entitled to
retain the sum of thirty five dollars ($35.00) as a nonrefundable business license application fee
from any license fees paid or payable to the city, unless another nonrefundable business license
application fee is otherwise provided for under the ordinances of the city.
I. 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.
5.04.080 JOINT LICENSES:
Whenever any person is engaged in two (2) or more businesses at the same location
within the city, such person shall not be required to obtain separate licenses for conducting each
of such businesses, but shall be issued one (1) license which shall specify on its face all such
businesses. The license fee to be paid shall be computed as if all of said businesses were one
business being conducted at such location. Where two (2) or more persons conduct separate
businesses at the same location, each such person shall obtain a license for such business and pay
the required license fee for such business.
5.04.090 BRANCH ESTABLISHMENTS:
Except as otherwise provided in Section 5.04.070F, a separate license shall be obtained
for each branch establishment or location of business engaged in, within the city, as if such
branch establishment or location were a separate business, and each license shall authorize the
licensee to engage only in the business licensed thereby at the location or in the manner
designated in such license. Warehouses and distributing places shall be deemed to be separate
places of business or branch establishments, regardless of whether or not such are used in
connection with or incident to a business licensed under this chapter.
5.04.094 LICENSE-FEE REFUND PROHIBITED:
No license fee, or any part thereof, shall be returned for any reason whatsoever once the
license has been granted or issued.
5.04.100 LICENSE FEES-DEBT TO CITY-COLLECTION:
Any license fee due and unpaid under this chapter and all penalties thereon shall
constitute a debt to Salt Lake City, and shall be collected by court proceedings in the same
manner as any other debt in like amount, which remedy shall be in addition to all other existing
remedies.
5.04.110 FEES-DELINQUENT PAYMENTS-PENALTY:
All license fees imposed by this chapter shall be due and payable upon approval by the
city of issuance of an initial business license or, in the event of renewal of an existing license, on
the day following expiration of the annual business license as set forth in Section 5.02.120 of this
division, or its successor section. In the event any fee is not paid on or before such date, a penalty
shall be assessed pursuant to the provisions of Section 5.04.114 of this article, or its successor
section, which penalty shall become part of the license fee imposed by this chapter.
5.04.114 LICENSE-LATE PAYMENT-PENALTY:
A. Late Renewal Fee-Penalties: If any license renewal fee is not paid by the due date, a
penalty of twenty five percent (25%) of the amount of such license fee shall be added to the
original amount thereof, and, if such amount is not paid within two (2) months of the due date,
an additional penalty of seventy five percent (75%) shall be added to the original amount thereof
for a total of one hundred percent (100%) of such license fee. In addition, any licensee whose
license renewal fee is not paid within sixty(60) days of the due date shall terminate business
operations at the previously licensed location. No business shall be conducted thereafter at said
location unless and until the mayor or the mayor's designee approves an application, notice or
petition for renewal of a license or for a new license.
B. Initial Fee Nonpayment-Penalty: When any person, firm or corporation engages in any
occupation covered by the provisions of this title, or adds anything to an existing business which
requires an additional license fee, without first paying the required license fee, a penalty of one
hundred percent (100%) of the amount of such license fee shall be added to the original amount
thereof.
C. Collection: All penalties provided for in this section shall be collected by the license
supervisor and the payment thereof shall be enforced by him or her in the same manner as the
license fees are collected and payment enforced.
D. No License Issuance: No license shall issue until all penalties legally assessed have
been paid in full.
E. Other Enforcement Not Precluded: Nothing in this section shall be construed to
prevent or in any manner interfere with the enforcement of any criminal or civil penalty
provision contained in any ordinance of the city, including, but not limited to, those provisions
pertaining to operation of businesses without an unexpired and valid business license.
5.04.116 LICENSE-FEE COLLECTION-CIVIL ACTIONS AUTHORIZED:
A. Civil Actions: In all cases where a city ordinance requires that a license be obtained to
carry on or to engage in any business, occupation or calling within the city, and the fee for such
license is fixed by such ordinance, and the fee is not paid at the time or in the manner provided in
said ordinance, a civil action may be brought in the name of Salt Lake City against the person
failing to pay such license fee, in any court of this state having jurisdiction of such action, to
recover the fee. And in any case where several or diverse amounts of license fees remain due and
unpaid by any such person, such several amounts of unpaid license fees may be joined as
separate causes of action in the same complaint in such civil actions.
B. Other Enforcement: Nothing in this section shall be construed to prevent or in any
manner interfere with the enforcement of any penalty provision contained in any ordinance of the
city.
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 63-2-
201 et seq., Utah Code Annotated, and Title 2, Chapter 2.64 of this code, or its successor chapter.
5.04.130 RECORDKEEPING REQUIRED:
Every person liable for the payment of any license fee imposed by this chapter shall keep
for three (3) years records which accurately state the amount of such person's gross annual sales
of goods and services for any year for which such information is required by any ordinance of
the city. Such records shall also state the number of employees of the business such that the
amount of any license fee for which such person may be liable under the provisions of this
chapter may be determined.
5.04.140 FILING FALSE RETURN PROHIBITED:
It is unlawful for any person to make a return that is false, knowing the same to be so.
SECTION 2. Amending Chapter 5.14. That Chapter 5.14 of the Salt Lake City Code,
shall be, and hereby is, amended to read as follows:
Chapter 5.14
RENTAL DWELLINGS
5.14.010 DEFINITIONS:
A. "Dwelling" means a building or portion thereof which is used or designated for
residential purposes of a family for occupancy on a monthly basis and which is a self-contained
unit with kitchen and bathroom facilities. The term "dwelling" excludes living space within
hotels, motels, bed and breakfast establishments, apartment hotels, boarding houses, and lodging
houses.
B. "Rental dwelling" means a building or portion of a building that is:
1. Used or designated for use as a dwelling by one (1) or more persons; and
2. i. Available to be rented, loaned, leased, or hired out for a period of one
(1) month or longer; or
ii. Arranged, designed, or built to be rented, loaned, leased, or hired out
for a period of one (1) month or longer.
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 containingone (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. 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.
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 said rental dwelling(s);
B. The number of units located in said rental dwelling(s);
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 owners 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 forservice of process as provided in
Section 5.14.050 of this chapter;
D. A certification by the owner, or owner's agent, that the premises complies with
applicable ordinance requirements based on a checklist provided by the City as part of the
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.
5.14.040 LICENSE-FEES:
The license fee for a rental dwelling business license shall be the sum as set forth in
Section 5.04.070 of this title, or its successor section, including any applicable disproportionate
fee for each rental dwelling per annum or any portion thereof as provided in said section.
5.14.050 LICENSE-ISSUANCE RESTRICTIONS:
A. No business license shall be issued or renewed for a City nonresident applicant unless
such applicant formally designates in writing with a power of attorney in the name of the
applicant's resident agent for receipt of service for notice of violation of the provisions of this
chapter or any other applicable ordinances, and for service of process pursuant to this chapter,
acknowledged by said agent.
B. No business license shall be issued or renewed for a rental dwelling unless the
applicant, owner, and operator agree as a condition precedent, by signing the license application,
to such inspections, and the City may require, pursuant to Section 5.14.060 et seq., of this
chapter, or its successor, to determine whether the rental dwelling is in compliance with
applicable requirements. The failure of the applicant and/or operator to consent to such
inspection shall be grounds for the denial and/or revocation of the renewal of a regulatory
license.
5.14.060 INVESTIGATION-BY CITY:
The original application for a rental dwelling business license and all renewals thereof
shall be referred for approval to the departments listed in the following sections. The directors of
such departments shall determine, based on the self-certification provided by an applicant under
Subsection 5.14.030D and any other relevant information, if an inspectionis 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.
5.14.070 INVESTIGATION-BY FIRE DEPARTMENT:
The original application for a rental dwelling business license, and renewals 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. The Fire Department shall report to the license office within
seven (7) days as to the fitness of the applicant regarding compliance with said laws and
ordinanceslt shall further be the duty of the Fire Department, after a license has been granted, to
continually, and at least annually, examine and 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.
5.14.080 INVESTIGATION-BY BUILDING SERVICES AND ZONING ENFORCEMENT
DIVISION:
A. Code Requirements: The original application for a rental dwelling business license
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, International Residential 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. The Building Services and Zoning Enforcement Division shall report to the
License Office within seven (7) days as to the fitness of the applicant regarding compliance with
said ordinances and regulations.
B. Limitation on Reinspections: 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.
C. Violations: Should it subsequently appear that applicable law or ordinanceof the City
is being violated, that 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.
5.14.090 ISSUANCE OF LICENSE:
The Mayor, after receiving recommendations from the Fire Department and the Building
Services and Zoning Enforcement Division, shall act upon a rental dwelling license application
in respect to granting or denying the same, as provided under Chapter 5.02 of this title.
5.14.100 EFFECT OF LICENSE ISSUANCE:
The issuance of a rental dwelling business license shall not have the effect of changing
the legal status of a rental dwelling, including,but not limited to:
A. Legalizing an illegally created rental dwelling or other circumstance, or
B. Recognizing the existence of a legal nonconforming use, noncomplying structure, or
other nonconformity.
5.14.110 TENANT APPLICATION FEES:
A. The City Council finds:
1. That there is at present a shortage of available rental dwellings within Salt Lake
City, particularly for low- and middle-income persons.
2. Some rental dwelling landlords or managers have been charging potential
tenants a nonrefundable application fee which far exceeds the landlords' or managers'
out-of-pocket costs of processing such applications.
3. The effect of such excessive application fees is that a significant number of
low- and middle-income persons are unable to obtain housing in the City, resulting in a
serious housing crisis within the City.
4. It is necessary and proper that Salt Lake City prohibit such application fees in
order to provide for the safety, preserve the health, promote the prosperity and improve
the morals, peace, good order, comfort and convenience of the City and its inhabitants.
B. For purposes of this section, "tenant application fee" means the fee charged by a
holder of a rental dwelling business license, or by any owner, operator, or manager of a rental
dwelling within Salt Lake City, in connection with or as a condition of processing, handling, or
considering an application for tenancy at such premises. A tenant application fee shall not
include refundable cleaning deposits, refundable security deposits, or other refundable deposits
required as a condition of entering into a rental or lease agreement.
C. It is unlawful for any holder of a rental dwelling business license, or any owner,
operator, or manager of a rental dwelling within Salt Lake City, to require any person or persons
applying for tenancy at such premises to pay any tenant application fee whatsoever in connection
with such application, whether refundable or otherwise.
D. A violation of this section shall constitute a misdemeanor and shall be grounds for the
denial of a regulatory business license application or the revocation of an existing license.
5.14.120 ENFORCEMENT-VIOLATION-PENALTY:
A. The provisions of this chapter may be enforced pursuant to applicable provisions of
Chapter18.50 of this Code.
B. Notwithstanding any other provision in this chapter, any person or party who violates
any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof may be punishable as set out in Section 1.12.050 of this Code, or its successor.
SECTION 3. Enacting Chapter 5.15. That Chapter 5.15 of the Salt Lake City Code,
shall be, and hereby is, enacted to read as follows:
Chapter 5.15
LANDLORD/TENANT INITIATIVE
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, 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.
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 provided in Section 5.90.020 of this title.
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 an eight (8) 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 two (2) years after
completion of the initial eight (8) 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.
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 code provisions referenced in Sections 5.14.070
(Investigation by Fire Department) and 5.14.080 (Investigation by Building Services and
Zoning Enforcement Division) of this title;
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.
5.15.040 CONTENT OF TRAINING PROGRAM-TRAINERS:
A. Content: The training program required under Section 5.15.020 of this chapter shall
advise rental dwelling owners about steps that may be taken to reduce crime, including, but not
limited to, actions recommended by the International Crime-Free Association and the Crime
Prevention through Environmental Design program. The program also may provide training
regarding best management practices, fair housing law, applicable City ordinance requirements,
and any other subject deemed appropriate by the Mayor which is consistent with the purpose of
this chapter.
B. Trainers: The training program required under Section 5.15.020 of this chapter may, as
determined by the Mayor, be taught by City personnel or by other persons or entities with
expertise in the subject matter required under Subsection A of this section. A person who
completes a training program which includes some or all of the content required under
Subsection A of this section may, as approved by the Mayor, receive credit for the training
required under Section 5.15.020.
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 2010 is automatically eligible for admission into the
Landlord/Tenant Initiative program for 2011 upon completion of aforementioned applications
and training within the year. 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 the same calendar year or shall pay the remaining
rental dwelling business license 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 Licensing Office. The Licensing Office shall review all such requests and make
a determination of admission within thirty(30) days after a review request is received.
5.15.060 CONTINUING COMPLIANCE REQUIRED:
The disproportionate cost fee discount authorized under this chapter is conditioned upon
the rental dwelling owner's compliance with the requirements of the Landlord/Tenant Initiative
program during the term of the licensing year for which the discount is granted. No
disproportionate cost fee discount shall be given to any owner of a rental dwelling unless the
City finds these requirements of this chapter have been met.
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 violated the provisions of this chapter or the owner's rental
dwelling management agreement with the City, the License Supervisor shall:
1. By certified mail, notify the rental dwelling license holder of the violation and
the basis for such action; and
2. Assess the rental dwelling license holder for any disproportionate cost fees
discounted 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 as provided in
Chapter 5.02 of this title.
C. Finding of Noncompliance: If it is determined that a rental dwelling owner, or any of
the owners' rental dwelling units, have not complied with the requirements of the
Landlord/Tenant Initiative program during any portion of the licensing period for which a
discount was provided, the owner, together with all of the owner's rental dwelling units, shall be
disqualified from the program, and the disproportionate cost fee discount shall be disallowed for
the entirety of the term of such license. The rental dwelling owner shall pay the full fee for every
rental dwelling unit listed on the owner's license application for that year.
D. Readmission: After disqualification, the rental dwelling owner may qualify for
readmission to the Landlord/Tenant Initiative program in the next licensing year only if the
owner has corrected the problems leading to disqualification and has paid all amounts due in the
prior year.
SECTION 4. Effective Date. This Ordinance shall not become effective until a
disproportionate costs study, adopted by the City Council by ordinance, becomes effective.
Passed by the City Council of Salt Lake City, Utah this gth day of December ,
2009.
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-CHAIRPERSON,
ATTEST:
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Transmitted to Mayor on December 11, 2009 •
Mayor's Action: x Approved. Vetoed.
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Bill No. 74 of 2009. xv"A•.....
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Published: July 1, 20112 Nett— (,Ia0(U¢Z(A