Loading...
008 of 1983 - Amendment to Ordinance NO 65 of 1982 - Replacement of defective concrete MICROFILMED Salt Lake City, Utah February 15 , 1983 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on February 15 , 1983 , at the hour of 6 :00 p.m. at its regular meeting place of said Council , at which meeting there was present and answering to roll call the following members who constituted a quorum: Grant Mabey Chairman Ronald J. Whitehead Councilmember Sydney Reed Fonnesbeck Councilmember Palmer A. DePaulis Councilmember Alice Shearer Councilmember Ione M. Davis Councilmember Edward W. Parker Councilmember Also present : Ted L. Wilson Mayor Albert Haines Director of Finance & Administrative Service Roger Cutler City Attorney Kathryn Marshall City Recorder Absent : Thereupon the following proceedings , among others , were duly had and taken: The City Council considered the proposed Ordinance No. of 1983, which amends Salt Lake City Ordinance No. 65 of 1982 pertaining to the replacement of defective concrete. The Council also considered the findings and recommendations of the Assistant Planning Director of the Salt Lake City Planning and Zoning Division, and asked that the letter of February 2, 1983 be made a part of the minutes of this meeting by filing the letter in the office of the City Recorder. The findings and recommendations indicate substantially greater benefits to and increased costs for improvements to properties used for purposes other than as residences. Based on these findings and other facts, the City Council determined that the difference in resulting benefits and actual costs of replacement for improvements to properties used for purposes other than as residences necessitated the Amendment to Salt Lake City Ordinance No. 65. Thereupon, Councilmember Shearer made a motion to adopt ordinance No. 8 of 1983 which amends Salt Lake City Ordinance No. 65 of 1982. Councilmember Whitehead seconded the motion to adopt said amendment. The Ordinance was thereupon put to a vote and unanimously adopted on the following recorded vote: -2- AYE: Grant Mabey Ronald J. Whitehead Sydney Reed Fonnesbeck Palmer A. DePaulis Alice Shearer Ione M. Davis Edward W. Parker NAY: None The ordinance reads as follows : -3- ORDINANCE NO. 8 OF 1983 AN ORDINANCE amending Chapter 2 of Title 38 of the revised ordinances of Salt Lake City, Utah, 1965 as amended by Ordinance No . 65 of 1982, relating to repairs and replacement of sidewalks and curb and gutters . BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1. That Salt Lake City Ordinance No. 65 of 1982 pertaining to repairs and replacement of sidewalks and curb and gutters is hereby amended by the repeal thereof and the adoption in its place of Sections 1 through 8 inclusive so that Chapter 2 of Title 38 of the Revised Ordinances of Salt Lake City , Utah, shall read as follows : Sections : 38-2- 1. Purpose , benefit 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 , benefit and definitions . -4- (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 safe useable condition. To this end it is deemed the responsibility of owners to notify the City of any defective concrete , existing at their property and upon replacement of the defective concrete, to pay an amount equal to the resulting benefit to the improved property. (2) Benefit . It is hereby found and determined that the replacement of defective concrete will result in an improvement benefiting the adjoining property in the amount of fifty percent (50%) of the total replacement cost in the case of property used as a residence or residences and one hundred percent (100%) of the total replacement cost in the case of property used as multiple dwelling units , an apartment house, a business or for any purpose other than as a residence. The difference in resulting benefits as compared to the cost of replacement is based upon a finding of the City Council of factors indicating substantially greater benefits to properties used for purposes other than as residences . (3) Definitions . For the purposes of this chapter the following terms , phrases and words shall have the meanings given herein: -5- (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 appurtenances contiguous to sections which are in a condition as defined in (a) or (b) above show similar signs of deterioration to such an extent -6- that they can reasonably 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 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 -7- conducted, except such home occupations 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 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 . -8- 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, 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. Election by the owner to proceed under this subsection (1) shall be entirely voluntary on the part of the owner and the replacement costs paid by the owner shall not be deemed to be an assessment by the City. (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 fifty percent (50%) of the cost thereof in advance and the City shall pay the remaining fifty percent (50%) of the cost of replacement , said amount being equal to the resulting benefit to the property. In -9- such case, the City shall make the replacement or employ a contractor to make same, subject to the availability of funds . (3 ) For replacement made to defective concrete adjacent to an apartment house, business , multiple dwelling units and any other case other than a residence, the owner of the adjacent property shall pay one hundred percent (100%) of the total cost of such replacement , said amount being equal to the resulting benefit to the property. 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 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 preceding section. (4) 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. (5) In the event said owner refuses to or does not notify the City Engineer as to the option elected by the owner for the necessary replacement , or if the owner submits a written request to have his or her property included in a -10- special improvement district , 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. The assessment of the owner' s portion of the total replacement cost shall be equal to the benefit received by the owner in accordance with the provisions of Subsections (2) and (3 ) of this Section. 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. (6) 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 abatement , as provided in Section 38-2-8 of this chapter, for the City to pay all or a portion of said cost . Prior to making any abatement in excess of fifty percent (50%) in the case of a residence, the Mayor must first establish a written executive policy concerning what percentage the City will pay. 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 -11- 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 . Abatement of Assessment . Assessments shall be equal and uniform according to the benefits received; however, 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 may be paid by the City, subject to the availability of funds . Such owner must file an application therefor with the City, in order for payments required by Section 38-2-5 of these revised ordinances to be abated. 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. -12- 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 15th day of February, 1983 . f CHAIRMAN i ATTEST! i C T RECORDER Transmitted to the Mayor o Mayor' s Action`" ��� ' f/ MAYOR ATTEST: I RECORDER -13- After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. Chairma ATTEST: e� CiRecorderlu d� ( S E A L ) -14- STATE OF UTAH ) ss . COUNTY OF SALT LAKE ) I , Kathryn Marshall , the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah do hereby certify as follows : That the foregoing pages constitute a full , true and correct copy of the record of the proceedings of the City Council of Salt Lake City, Utah, at its regular meeting held on February 15 , 1983 insofar as said proceedings relate to Ordinance No . 8 of 1983 as the same appears of record in my office. I personally attended said meeting and the proceedings were in fact held as specified in said minutes . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this ,/5 t"; day of 1983 . 6Z ty Recorder ( S E A L ) -15- CERTIFICATE OF COMPLIANCE WITH RESPECT TO THE ANNUAL PUBLIC NOTICE OF REGULAR MEETING SCHEDULE I , Kathryn Marshall, the duly qualified City Recorder of the City of Salt Lake City , Salt Lake County , Utah , do hereby certify that pursuant to Utah Code Annotated Section 52-4-6 (1953) as amended, that there was posted (at least once during the calendar year 1983) at the principal office of the City Council , public notice of the annual regular meeting schedule for 1983 , with the date , time , and place of such meetings . I further certify that public notice of the annual regular meeting schedule for 1983 , with the date , time and place of such meetings was delivered to a local media correspondent , or to a newspaper of general circulation at least once during the calendar year 1983 . The delivery was accomplished by placement of copies of the Notice in the City' s press room, where they were picked up by media correspondents. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this �� ay of February, 1983 . ity Recorder ( S E A L -16- w Y CERTIFICATE OF COMPLIANCE WITH RESPECT TO PUBLIC NOTICE OF EACH MEETING I, Kathryn Marshall, the duly qualified City Recorder of the City of Salt Lake City , Salt Lake County , Utah , do hereby certify that pursuant to Utah Code Annotated Section 52-4-6 (1953) as amended, there was posted (at least twenty-four (24) hours prior to tho meeting time) at the principal office of the City Council , written notice of the regular meeting of the City Council held oil 1983 , at the regular meeting place . The written notice contained the agenda, date , time and place of the regular meeting. I further certify that Notice of Regular Meeting was delivered to a local news media, or to a newspaper of general circulation at least twenty-four (24) hours prior to said meeting. The delivery was accomplished by placement of copies of the Notice in the City' s press room, where they were picked up by media correspondents. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this /,5— lay of February , 1983 . /City Recorder ( S E A L -17- nf)M 3":A Affidavit of Publication STATE OF UTAH, County of Salt Lake Ss. ORDINANCE W.a OF IT AN ORDINANCE amending Chapter x of Title M or the Debra Miller revised«dirarces of Salt Lake City,Utah, 1965 as ..................... ................................................................................ anerded ley Ordinance No.65 of loex,relating to repairs m replacement of sidewalks and curb and comers. BE IT pRDAI NED BY THE CITY COUNCIL OF SALT LAKE Cf N,SALT LAKE COUNTY,UTAH: Section 1.That Salt Lake City Ordinance No.65 of—per- Beim first duly sworn deposes and says that he is legal tainira to repairs and eulacern nit a sidewalks and curb am g T"Ynn 1HPIw amended by the repeal thereof and The adoption advertising g Wade a Secr ma f thrown a ieclu iye x mat enapeer z o+ g clerk of the DESERET NEWS, a daily Title Y of the Revised Ordinanxes of Salt Lake City,Utah shallexcept Sunday) newspaper octi_a'° Yprinted in the English secaore: ]anguage with general circulation in Utah, and ax-t. p«rose,lenefitamawnnniorns. or mvners and tenamsto nor�N atv of 3e-2-3. Defectiveean oteclIsc—redwCitY published in Salt Lake City, Salt Lake County, in the �2_5. Notice ofteety rsce State Of Utah. Ma%-za. waverer r¢p� them rcouir¢nrx.•m. Cae-xa. ordinaryepa .Sm. ExePurcusrom� t. That the legal notice of which a copy is attached hereto .((1)Purraaose Thisrtitle 1,ereclM for the iourww.1.,emetins, the MAIM,sorely and welfaro of the inhabitanss M1 Salt"I,City ,by keepira sidewalks,and awrlenances as drive ai, wonkdnesi,parkilw baps am curb and unite,in to useable oaf. Pub.. Ordinance No. 8 of 1983 differ.To this end it is deemed!the respamibility of owners to ...._................................. ...................................................................... natfs',he City of env defecfve concrete,existing at then proper fW ifnd upon replacrrtent or the defective cone rere,ro pap an a{,PwnteWal•Iothe reselfiwbarefit tothe I,oc"' nrnI." (x1 d.It Is MeM found and determire0 that dse re .......................................................................................aCaeemenf a delectivo concrete will result in an improvement ........................ b¢¢rr¢pff"tire tM ad101nilq properly in the an+gUnr of fifty percent lSVk)of the,total replacement cost in the cox of Property used as a resdxnoa a residences and One hundred percent(IN%1 0l ............................................................................................................... the total regecanart cost in the case of orgoo used as mulri- d'aellofl�ha/ntlun as apartment house, Ellis sercesl�rfesulllno SEE: rarnparM Io me cast a replacement is based upon a fi Irq a tllw CRY CpAell of lectors imica,ilw substantially .......... weater bprLaits t0 prOOertlps usM}«i'di_,Omer than as ...................................................................................... residences. 'ter rtiA,,Phr Win axi'.as dw«Os shalcim.For the l hdesMe tmeanink,suivoertetn herlenino fw dal AOartinent hats,."AOartrte not tease"shall mean a Wild. ............................................................................................................... C.anprisiw four«more dwellig units designed for separate awxkeepira reranrenn. , lb)Appuifenances.""ourtenames"shall mean drive so- published in ' preace,,ehrk,NWYeamcurbamgurt«. Was P said newspaper on. (cl Business."Business"Null mean any place in salt Lake '"""'"""""" City in which there is carntlucfm or corr,ed o pally or ex n«ieci dus ly am pursuit or accuuitim for me Wrpose of gamiw a �r PPd. ...............Peb.....24,..1.9.33. ',rd) Defective concr,le. "Defective cote"snail mean .........................................` •error my of tlw followlrng c«ditimis exist within the pubs¢way ......................•. (If 1'he sidewalk sections appurtonancee have separated end raised or del*essed Ie a mint that tine ,( - S •section or even a parr of a section is elevated ..........................................+' -i n _ or ac .........i..:....rM1..........;�..�..: . ...... i' blessed a,losd elk l 1)incha0ovnanceshave ..........:............... 6 wherelgraterdthsocionankIII,ppor`eem m the°eaa.tared orb Legal Advertising Clerk F a ar paredbe sections of Sidw causer aca ano kets, nY dvcontain,holes or Ik are ware to become antra comi3owust sect os,which are in a condition as defies re ire this 3rd such)(a)«(bI above show similar signs of deterioration to ..................................................................................day of such an axiom that fheY car reasonadv W"'n"Id as Aare Of the overall defective areas«which must be re- wad to effect a orener correction of ft dnfecbve ec- ....A.D.19.......83 y When any a tho f' to mirww ez t.Ihe r `'WacrasaI r aired shelf c tiitute xtra«drn le le)In erne ownership."In one ownership"shall mean when talfC^S._I:son b 0corer of two or more lots or rrads of law Ut tloigh such person may own them wnittlY with dissimilar 0e%nisi. a,tour orM.M a de doe units.Is dosishr dwelling units"gull keoui(our«more howl lbw unite d re.s I«separate 1. ` kM.1,n aceirms wren such units are so its are,c not to con- '"" "�'- same en apartmem house,when such units are located on the .............................. sMla«text of lam,or m two or m«¢Its or+roan of Ia,fa, Notary Public tOn are conmcfixf and inore ownership. _ .(pl oymer.^o e"snail m n rfe cer r persons whe I ' are, (r f real urt%rolde am clmtrheoet ty or is(or,)the wr(n)Residences."Residences"shall mean Wildirnps or,wen_ . ne s co nprisinq not more than three dwelling units designm for k rvt conducted, ag"cost suchnts and hwne occIevulons I, cillowes of d and defined in the zuniw«dlna co,,of Salt lake City. Ail section. 'SZko"shall mean a portion of me concrete wflidl is set apart W expansion iotnls. sec.ge-x-x.DatY of owners am Tenants to notiN City of defec liye concrete.Anv person owni.real«oPorty in salt Lakw CdY 1hC12ily tErgiti of real ()hem I facoperly in t mat anyake Cldetectve concrete ..... ,wish in front of or aI—the side of the property owned or Pccu- ,ied by yid awn:,ortenam. yar$Iet.M-x-g.Defective concrele,discovered by City.In Ina City shall havei 1. he right Ito givevnoiice to the,owner of IM adle,som preOeri,the same as i,reparted by the owner or lenent. Sec.aa-x-a.Notice to replace.M enever the CiN receives ec" flCk•ot a Y detective con ate as provided in Section 1-sera these R ised O di tic discovers same as Provided Sec tiM,38-xJ a These Re"sseed«Ordirueces and City deems that such corcrele is defective,VI must W replaced.Upon such dei—mo- IioR by foe CRY.if shall roriN the property owner whose property is adiacenI to fhe detective concrete where such ret lacemeot is mated that the owner shall have fhe options«ovlhd in Section 3&2s a then Revlsed Ordinances for fine mama O(renlacamom. Said ratite shall also set forth The cost of replacement to Inc ovimr in the event such replacement is made by me City or by a rnrnh'acl«amaoved by the Citv. Sec wax-5. .Color. co.t m ,•na'rs.roar nonce i.g in as specxi¢d seca,.1-.1 I,mesP ixevrma ordln.,a�s.iw re'Riceme.a any le,etitive iarcncle„my bea nI n no m',se,r.Ih rid tin, II'- tu-paid as ids herein iPF tU b ampenrdrensent must oe done a«aairq`+tciiy)sr; t'.�:;na;•�rm .1"I'a tlon and approval of the City Engine::n,mlv If',obtain ,.the required permit,,,nd-.hall t,r ithin 30 calendar days of receipt a the-1—Provided for in;I,Wc suilq sachem. Replacement made under this wbseclion(1)shall W at the sole ucorc5f�rand¢zpenu of the owner.Election by its weer to proceed un N»owns its mold'eme�rd cosiIsl paid bvgthe ownte�r y»III col to deemed to be an assessment by tie City. ,(2)If fhe Wlxmt property is residence,the-no,m agr9e in writing,upon hums a0provedby the City Attorney',of Y tic#,,to pay llfty I»rcanl(50°vl of its cost IhenA(In ad.—and the GiN shall pay the renainirg fits percent(50%)of 1M cost a redacement,said amount beirw equal to the rewllioo benefit to fife,Moperly.In such case,the ON shall make t m he replacement or eploy a cmirxlor to make same,subject to the availability of funds. (3)For replacement made to defective concrete adiacenf to a partmem house.business,multiple dwelling units and any oir»r case otter man a resider.,the owner of the adjacent orau- suIY stall pay are honored pennant(1 )of its total Coat a tlt redxm»nf,sapm aoun bei t ng equal to the resulfine bene- fit to the property Such replacement may lane a Pushed,at the,dpiion of the owner,by a contractor—Ploved by the owner by Ind Cliy,YIf tlme bvhe cocitMrxto shooloved by thelovmer such DI.—In most be done a-11,to City specifications,to the safislactlm and Is Moval of the CiN Erpineer.It shall be done only after oblainirg the required permit and conwlefed within 30 -..r day weafhler permithre,of r—W of notice Provided for in Al.Mac¢tlin xclion can . fig)The er must notify Ite City Cram er,within seven(i) cdleldlar tlaYs a remid a the roh.Movided 1M in me Meted ing SKtim,under whits option said parer wishes to proceed. IS)In 1.event said gown.causes to or does rot notify the ,E.ineer as to Ind option eIe fad by the pxner for me nec¢s- sary rcolaremern.M if Ind o r submits a written rmuest to have his or her—N inclWed in a spzcIal enowwroonl cis- "w"the City thou then create a special improvement district for the pantos.of makilq No required replacement after said dis Itmcf is ueafed and mew assessment m the property in cant.with Section 1015-1 of seq.,Well Code Ann. $953,c as nmended.The asses meal of the o w er's Portion of the total re larement cost shall be moat to the benefit received by me owner thencode.with the provisions of Sub—tiom(2)and(3)a is Sectim.Such a ent shall he designated hV the.,di- -fine he special glerovernenl district to be paid ov the frr of the property per assessed over a iod of five(s)yea om lie effective dare of ord said inance. (6)This section shell I.Meclude paymenl being made for replamnenf to daeaive mncrete adlxent ro a residence by the City under special ca,aitions,such as the Cif,rtt Mne;a Fecor al grant fm such I'oplxement,a low incorne abafeneor,a ,kW in Sectk, 3a48 of this chapter,for ft City to pay an or a surlion a said Cost.Prior to mskie any abals—rd in—ass of h"percent'S""I in the case of a residerce,the Mayor must first establish a written edecufive policy mMerniiq whal cerrent age It. City will pay. Sec.3 2d.Waiver of replacement requ'rremenl.in the event the Ci1V shall determine that any defective ca+crele should not be r dated beceum of a caaemolafed overall scree'repair or re vlxemmt oroiecf,lack of funds or other good reason,the Me— or Mayor's designee may remrnraluy waive the requirement of replxem-1. Sec.362-7.Ordinary pairs.Any repai red ired fo be made to sidewalk r apcortenances which are of defective,as defined Mein,shall c itule ordinary repeirs.nIn the event the Cryry aamrmmes mat anv ordinary repair should W made,the mire cost dereoI stall t»Me by the CiN,s lblxf to avadabil. 1 S.c.362$.Abalement or A zmenl Assessments shall be ewel��a1 tl Uniform acco ding to the beeflts r Ived;however, writs regui r¢plxementthe—of �sll 11 neve ar.t Combined l farrolycinMr— I elow the levels established DV the Department a Housing ban Develppnenf in Is "Income limits br Housing arq unity Duvelopmed,Section B Program its Sall Lake Gih den,Utah SMSA",as amended from time to time,the Im st of—1—moor may be paid by the City,subject to lte ility a lords.Such ovmer must file an application therefor e Cily,in order for payments raquiretl by Section 36?5 ofrevisal ordinances to be abaled.In order for 1M above guidelines to became effMive for me Purposes of this him,the City t e notice of s h endment and ssap�p» th adopted by the M¢YM by ezecutive action. 1 SECTION 2.This ordinance shall fake effect upon the date of �bl.Passwed by me CiN Council of Sal+lake City,Utah,+his 16m day of February.1W, ill Grant Mabev ATTEST CHAIRMAN W. : Kathryn ll CITY RECORDER 1983 anv to the Mayor.n FeW uary t 6.M Mayor''ss Action Ted 1,Wilson MAYOR ATTEST: Mrvn Marshall CI Y RECORDER Pu B B 11983 FCMuary