094 of 2012 - Demolition, Boarded Building, Housing Mitigation 0 12-1
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SALT LAKE CITY ORDINANCE
No. 94 of 2012
(Amending demolition and boarded building requirements)
AN ORDINANCE AMENDING CHAPTER 18.64, CHAPTER 18.97, AND SECTION
18.48.250, SALT LAKE CITY CODE, TO MODIFY REQUIREMENTS FOR DEMOLITION
OF BUILDINGS AND STRUCTURES, MITIGATION OF RESIDENTIAL HOUSING LOSS,
AND MAINTENANCE OF BOARDED BUILDINGS.
WHEREAS, it is proposed that Chapter 18.64, Chapter 18.97, and Section 18.48.250,
Salt Lake City Code, be amended to modify requirements for demolition of buildings and
structures, and for mitigation of housing loss; and
WHEREAS, the City Council finds 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. Chapter 18.64,Salt Lake City Code, shall be, and hereby is, amended to
read as follows:
Chapter 18.64
DEMOLITION
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this Chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity
of the urban fabric and economic vitality;
2. Provide an orderly and predictable process for demolition of buildings
and structures;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
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5. Provide for enforcement of timely completion of demolition and for
improvement of property following demolition to ensure the site is not
detrimental to the use and enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid
purposeful demolition by neglect; and
7. Encourage preservation of the City's housing stock.
B. A primary intent of the City Council with respect to this chapter is to avoid
demolition, or partial demolition, of buildings in a manner that disrupts the character and
development pattern of established neighborhood and business areas. Accordingly,the
Council finds that it is in the public interest to:
1. Require existing buildings to be maintained in a habitable condition
until replaced by new construction, except as otherwise permitted by this code;
2. Avoid demolition of existing structures until a complete building permit
application is submitted for new construction, except as otherwise provided in this
chapter; and
3. Avoid creation of vacant demolition sites with minimal or no
landscaping or other improvements.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same
to be demolished, without first obtaining a permit for demolition of each such building or
structure from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT:
To obtain a permit for demolition, an applicant shall submit an application in
writing on a form furnished by the building official for that purpose. Each application
shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
C. Describe the building or structure to be demolished including the type of use,
type of building construction, size and square footage, number of stories, and number of
residential dwelling units (if any);
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D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
F. Indicate if fences, barricades, scaffolds or other protections are required by any
city code for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade
after demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state
whether any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new
construction is proposed following demolition, state the anticipated start date and whether
any development applications have been submitted to and/or approved by the city.
18.64.030: FEES AND SIGNATURE—BOND:
A. The permit application shall be signed by the party or the party's authorized
agent requesting the permit. A signature on the permit application constitutes a
certification by the signee that the information contained in the application is true and
correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake
City Consolidated Fee Schedule.
C. An additional fee for the cost of inspecting the property to determine
compliance with the requirements of this chapter and to assure the property is kept free of
weeds and junk materials shall be collected in the amount shown on the Salt Lake City
Consolidated Fee Schedule.
D. Except as otherwise permitted under this chapter, a performance bond shall be
provided prior to issuance of a demolition permit. The bond amount shall be determined
by the building official and shall be sufficient to ensure abatement of potential impacts to
public health and safety, including environmental impacts resulting from demolition,
general clean-up of the demolition site, and installation and maintenance of landscaping
if landscaping is required under this chapter.
1. The form of the bond shall be approved by the city attorney or designee
and may include any commercially reasonable method of bonding.
2. The building official may require adjustment of bond amount if the
scope of work changes after demolition work has begun.
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3. If the applicant fails to comply with provisions of the demolition permit
and the city has any unreimbursed cost resulting from such failure, the building
official or designee may call on the bond for reimbursement. After such cost has
been finally determined, if the amount of the bond exceeds such cost, the
remainder shall be released to the applicant. If the amount of the bond is less than
the cost incurred by the city, the applicant shall be liable to the city for the
difference in cost.
4. The bond shall remain in place until all required work is complete, final
inspection has been approved, and a building permit for new construction on the
subject property has been approved by the city.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. Except as otherwise provided in Subsection D, a demolition permit shall be
issued only upon compliance with Subsection B of this section, if applicable, and if:
1. A complete building permit application for a use replacing the
demolished building or structure has been submitted to the building services and
licensing division; or
2. The chief building official or fire marshal orders immediate demolition:
a. Due to an emergency as provided in Chapter 18.48 of this title;
or
b. Because the premises have been damaged beyond repair because
of a natural disaster, fire, or other similar event; or
3. The chief building official or fire marshal authorizes immediate
demolition because clearing of land is necessary to remove a nuisance as defined
in Section 76-10-801, et seq., Utah Code Annotated or its successor.
4. a. The chief building official or fire marshal may request that an
administrative committee, appointed by the Mayor, render an opinion
regarding whether a particular building or structure should be demolished
pursuant to the provisions of Subsections A.2 or A.3.
b. If a committee demolition opinion is requested, information
regarding the factual and legal basis for determining the propriety of the
request shall be provided to the committee. The property owner shall be
notified of the opinion request and may submit any information to the
committee deemed relevant by the owner.
c. If after considering the factual and legal information provided,
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the committee recommends the building or structure should be
demolished, the chief building official or fire marshal, as the case may be,
shall consider such information in determining whether to authorize
demolition.
B. Except as provided in Subsection B.1, unless a building permit has been issued
for one (1) or more new buildings or structures located on the same site as the demolished
building or structure, within thirty (30) days after demolition is completed, landscaping
shall be installed on the property according to the standards set forth in Subsection
21A.48.100.D.2 of this code.
1. A bond for landscaping shall not be required when a single family
dwelling is demolished and will be replaced by a new single family dwelling.
2. This Subsection B shall apply regardless of the zoning district in which
the subject property is located and any contrary provision in Title 21A of this
code.
3. Timely and proper installation and maintenance of landscaping shall be
assured by a bond filed with the City as provided in Section 18.64.030.D of this
chapter.
4. Required landscaping shall remain in place and shall be maintained
until new construction is commenced on the subject property and may be removed
to facilitate such construction. Thereafter, replacement landscaping shall be
installed as may be required by this code.
5. A park strip abutting the subject property shall be maintained as
provided in Section 21A.48.060 of this code or its successor.
6. Notwithstanding the thirty (30) day requirement in Subsection B,
installation of landscaping may be delayed due to weather conditions so long as
landscaping is completed within six (6) months after demolition and the property
owner escrows funds sufficient to assure installation of landscaping as determined
by the building services and licensing division.
C. 1. Except as otherwise provided in Section 18.64.050 of this chapter, if
one (1) or more dwelling units located in a residential zone, whether or not
occupied, will be removed under a demolition permit, a housing mitigation plan
shall be prepared as required in Chapter 18.97 of this title prior to issuance of the
permit.
2. If proposed demolition involves a landmark site, a contributing
structure, or a structure located in a historic preservation overlay district, as
provided in Section 21A.34.020 of this code, or its successor, a demolition permit
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shall be issued only upon compliance with applicable provisions of that
subsection or its successor.
D. 1. Notwithstanding contrary provisions of this section, a demolition permit
for a building or structure may be issued if the Community Development Director
certifies that the land on which the building or structure is located:
a. Is subject to a master plan that envisions redevelopment of the
land unless removal of the building or structure is inconsistent with the
master plan;
b. Is being assembled for redevelopment purposes; and
c. Is part of a larger area being joined to create one (1) or more
larger parcels of developable land in order to implement the master plan.
2. If a building permit for new construction is not issued within eighteen
(18) months after demolition occurs pursuant to Subsection D.1, landscaping
shall be installed as provided in Subsection B of this section.
18.64.045: DEMOLITION BY NEGLECT:
A. Except as otherwise provided in Subsection B of this section, a property owner
shall not neglect a building or structure to the point that the building or structure fails to
substantially conform to applicable standards of the state construction code and Sections
18.50.140 to 18.50.230 of this title.
B. 1. The owner of a boarded building shall maintain the exterior of the
building as provided in Section 18.48.250 (Exterior Maintenance) of this title or
its successor.
2. The interior of a boarded building shall not be subject to the provisions
of Subsection A of this section but shall be maintained as provided in Section
18.48.250 of this title.
18.64.050: RESIDENTIAL DEMOLITION PROVISIONS:
A. Except as provided in Subsection B of this section, if the structure for which a
demolition permit is sought contains one (1) or more dwelling units, whether or not
occupied, the building official shall consider the impact of the requested demolition on
the housing stock of Salt Lake City pursuant to the provisions of this section.
B. This section shall not apply to any housing which:
1. Is a nonconforming use as provided by relevant provisions of Title 21A
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(Zoning)of this code;or
2.Is located on property for which an applicable master plan or the current
zoning envisions exclusive non-residential use;or
3. a.Is proposed to be demolished for health or safety reasons as
provided in Section 18.64.040 or Chapter 18.48 of this title or their
successors.
b.Notwithstanding Subsection B.3.a,housing which is demolished
for health or safety reasons,which is the result of neglect pursuant to
Section 18.64.045 of this chapter,shall be subject to the provisions of this
section.
C.The building official,within ten(10)days after receipt of a demolition permit
application,shall determine whether the requested demolition will result in:
1.Construction of one(1)or more residential units with a net loss of one
(1)or more dwelling units;or
2.No net loss of dwelling units will occur due to the anticipated
construction of new dwelling units pursuant to an approved and issued building
permit for the premises where the demolition will occur.
D. 1.If Subsection C.2 of this section applies,the building official shall issue
a finding of no residential impact and the demolition permit may be issued.
2.If Subsection C.l of this section applies,the building official shall issue
a finding of residential impact.
E.Upon making a finding of residential impact,the building official shall mail
written notice to the owners and residents of property located within six hundred(600)
feet from the property line of the lot where the proposed demolition work will take place
as shown on the last equalized property tax assessment roll. Notice shall also be mailed
to any affected neighborhood-based organization recognized pursuant to Subsection
2.60.020.0 of this code.The notice shall specify:
1."fhe property proposed for demolition,
2.The proposed replacement use,
3.The proposed housing mitigation plan,
4.The basis for the finding of residential impact,and
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5.The date and time of a hearing before the Housing Advisory and
Appeals Board.
F. 1.To allow time for effective consideration by the notified parties,the
hearing before the HAAB shall take place not less than thirty(30)days after the
finding of residential impact issued by the building official and not more than
sixty(60)days after the finding.
2. The HAAB shall take evidence from the applicant and all interested
parties regarding:
a.The effect of the proposed demolition and replacement use plan
on:
i.The city's housing stock,
ii.The city's employment and economic base,
iii.The character of the neighborhood where the subject
property is located,
iv.The city's master plans for the area,
v.The city's adopted housing policy,and
vi.Any other policy adopted by the city which applies to
the subject property;
b.The cost and economic practicality of repairing or remodeling
the structure proposed for demolition to comply with zoning requirements
and with building and housing codes;and
c.The proposed method of housing mitigation,including the
factual basis upon which the housing mitigation plan is premised and
justified.
3.The HAAB may encourage an applicant to work with the city and
interested parties to repair,remodel,preserve,or increase the city's housing stock.
4.The HAAB shall issue its decision not more than ten(10)days after the
hearing.
G. 1.Notwithstanding the acceptability of a housing mitigation plan,the
HAAB may order that a demolition permit not be issued for an additional period
not to exceed six(6)months to allow the city and interested parties time to make
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further attempts to preserve the housing stock if the IIAAB finds:
a. The proposed demolition and replacement use plan are likely to:
i. Adversely impact the city's housing stock and character
of the neighborhood; and
ii. Such impact is not outweighed by any positive effects on
the city's economic and employment base; and
b. The structure proposed for demolition is economically practical
to repair or remodel to comply with zoning requirements and building and
housing codes.
2. After any additional time period ordered by the HAAB has expired, the
requested permit shall be immediately issued subject to compliance with the
housing mitigation plan.
3. If the HAAB does not make the findings required by this Subsection G,
the demolition permit shall be issued ten (10) days after the HAAB decision.
II. 1. The applicant or any person or entity required to be notified of the
demolition pursuant to Subsection F of this section, if aggrieved by the HAAB
decision, may appeal to the mayor by filing a written notice specifying the
grounds for such an appeal within ten (10) days of the HAAB decision.
2. Any other party identified in Subsection H.1 of this section may
respond to the appeal in writing within ten (10) days of the appeal.
3. The mayor or the mayor's designee shall consider the appeal on the
written record and shall issue a decision within ten (10) days of the close of any
written submissions. Such decision shall be based on the criteria set forth in
Subsection F of this section and may be appealed within ten(10) days to a court
of competent jurisdiction.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors,
windows, special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber,
stones, bricks, marble, or similar materials on the exterior or interior of any building prior
to demolition of the structure. A predemolition salvage permit may be issued only
contemporaneously with, or after, city approval of:
1. A building permit for new construction on the premises following
demolition, or
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2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
consolidated fee schedule.
18.64.080: EXPIRATION—DILIGENCE:
A. A demolition permit shall expire forty-five (45) calendar days from the date of
issuance, unless a completion date allowing more time is requested and approved by the
building official at the time of application. A demolition permit may be renewed upon
request prior to expiration with approval of the building official for one-half(1/2) of the
original permit fee, provided continuous progress is being made. If a permit is allowed to
expire without prior renewal, any subsequent request for reinstatement shall be
accompanied by a reinstatement fee equal to the original demolition permit fee.
B. Once demolition has begun pursuant to a demolition permit, the permit holder
shall diligently pursue completion of the work authorized thereunder. If such work is not
diligently pursued the city may declare the bond required under Section 18.64.030.D to
be forfeited and may use the proceeds to finish demolition as provided in such section.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be
performed except by a wrecking and demolition contractor having a license in good
standing issued by the division of occupational and professional licensing in the Utah
department of commerce.
B. Salvage work under a predemolition salvage permit may be done without a
contractor's license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
A. Prior to the commencement of any demolition or moving, the permittee shall
plug all sewer laterals at or near sidewalk lines as staked out by the department of public
utilities. No excavation shall be covered until such plugging is approved by the
department or by the building official. The permittee shall further ensure all utility
services to the structure and/or premises have been shut off and meters removed prior to
commencement of demolition work.
B. When the applicant indicates the demolition will require more than thirty (30)
days to complete, and where required by the building official for the safety of the public,
the applicant shall also provide plans to fence the demolition site so that it is inaccessible
to unauthorized persons in a manner acceptable to the building official. The building
official may waive the fencing requirement if it is determined that fencing would be
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inappropriate or unnecessary to protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the
existing structure(s), including the foundation and footings, be removed from the site.
Unless otherwise approved under a building permit for redevelopment of the site, the
depression caused by the removal of such debris shall be filled back and compacted to the
original grade, as approved by the building official, with fill material excluding
detrimental amounts of organic material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and
removal of required pedestrian walkways and fences, shall be completed within the
permit period unless the building official finds that any part of the foundation of building
or site will form an integral part of a new structure to be erected on the same site for
which plans have already been approved by the building services and licensing division.
In such event, the building official may approve plans for appropriate adjustments to the
completion time and may impose reasonable conditions including the posting of a bond,
erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions
of Chapter 21A.34 of this code, dealing with demolition in historic districts, or its
successor.
18.64.120: VIOLATIONS:
1. It is unlawful for the owner of a building or structure to violate the provisions
of this chapter. Each day a violation occurs shall be a separate offense.
2. Violation of the provisions of this chapter is punishable as a class B
misdemeanor or by imposing a civil penalty as provided in Section 21A.20.010, et seq.,
of this code.
SECTION 2. Chapter 18.97,Salt Lake City Code, shall be, and hereby is, amended to
read as follows:
Chapter 18.97
MITIGATION OF RESIDENTIAL HOUSING LOSS
18.97.010: PURPOSE:
The purpose of this chapter is to mitigate the loss of affordable housing stock due
to new development with due consideration for vested or protected property rights.
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18.97.020: HOUSING MITIGATION CONDITION PRECEDENT TO
DEMOLITION OF RESIDENTIAL UNITS:
A. Housing Mitigation Plan: Except as provided in Subsection B of this section,
any application for a demolition permit which, if issued, will result in a loss of one (1) or
more residential units located in a residential zone; any petition for a conditional use
permit to authorize or expand vehicle parking in a residential or mixed-use zone; and any
petition for a zoning change that would permit a nonresidential use of land, that includes
within its boundaries residential dwelling units, may not be approved until a housing
mitigation plan is approved by the city. The housing mitigation plan shall be proposed
and submitted to the city's planning director and the director of community and economic
development and shall be accompanied by a housing impact statement.
B. This section shall not apply to any housing which:
1. Is a nonconforming use as provided by relevant provisions of Title 21A
(Zoning) of this code; or
2. Is located on property for which an applicable master plan or the current
zoning envisions exclusive non-residential use; or
3. a. Is proposed to be demolished for health or safety reasons as
provided in Section 18.64.040 or Chapter 18.48 of this title or their
successors.
b. Notwithstanding Subsection B.3.a, housing which is demolished
for health or safety reasons, which is the result of neglect pursuant to
Section 18.64.045 of this title, shall be subject to the provisions of this
section.
C. Housing Impact Statement: The housing impact statement shall:
1. Identify the essential adverse impacts on the residential character of the
area subject of the petition;
2. Identify by address any dwelling units targeted for demolition,
following the granting of the petition;
3. Separately for each dwelling unit targeted for demolition, state its
current fair market value, if that unit were in a reasonable state of repair and met
all applicable building, fire and health codes;
4. State the number of square feet of land zoned for residential use that
would be rezoned or conditionally permitted to be used for purposes sought in the
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petition.other than residential housing and appurtenant uses;and
5.Specify a mitigation plan to address the loss of residential zoned land,
residential units or residential character.
18.97.030:OPTIONS FOR MITIGATING RESIDENTIAL LOSS:
Petitioners subject to the requirements of this chapter may satisfy the need for
mitigation of any residential housing unit losses by any one of the following three(3)
methods:
A.Replacement Housing:The petitioner may agree,in a legal form satisfactory to
the city attorney,to construct the same number of residential dwelling units proposed for
demolition,within:
1.The city council district in which the land subject of the petition is
located;or
2.An adjoining council district,if the mitigation site is within a one(1)
mile radius of the demolition site.
3.Any such agreement shall include adequate security to guarantee
completion within two(2)years of the granting of a demolition permit.
B.Fee Based On Difference Between Housing Value And Replacement Cost:The
petitioner may pay to the city housing trust fund the difference between the fair market
value of the housing units planned to be eliminated or demolished and the replacement
cost of building new units of similar square footage and meeting all existing building,fire
and other applicable law,excluding land values.
C.Fee,Where Deteriorated Housing Exists,Not Caused By Deliberate
Indifference of Landowner:
1.Request By Petitioner For Flat Fee Consideration:In the event that a
residential dwelling unit is targeted or proposed for demolition and is in a
deteriorated state from natural causes,such as fire,earthquake or aged
obsolescence that is not occasioned by the deliberate acts or omissions to act on
the part of the petitioner or his predecessors in interest,which detrimental
condition reduces a dwelling unit's fair market value or habitability as a
residential dwelling unit,the petitioner may request an exemption from the above
two(2)methods of mitigation from the director of the city's department of
community and economic development as provided below. A judgment as to
whether deterioration has occurred as the result of deliberate indifference shall be
based on a preponderance of evidence.
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2. Required Facts Of Natural Deterioration/Increase Fair Market Value Of
Units To Be Demolished: The petitioner may submit to the director of the city's
department of community and economic development every fact known to
support the proposition that the residential dwelling units were not purposely
allowed to deteriorate by lack of reasonable maintenance, ordinary and prudent
repairs, or other acts or omissions to act. The value of the unit(s) targeted or
proposed for demolition may be increased to the fair market value that the units
would have, if each unit was in a state of habitability and minimally meeting
applicable building codes and other applicable law, excluding land value. This
enhanced value will then be applied in thus computing any housing mitigation
payment provided in Subsection B of this section.
3. Flat Fee Mitigation Payment: In the event that the petitioner actually
and reasonably demonstrates to the city's director of community and economic
development that the costs of calculating and analyzing the various methods of
mitigation are unreasonably excessive in relationship to the rough estimated costs
of constitutionally permitted mitigation, the department director may recommend
to the city council that a flat rate be paid by the petitioner to the city's housing
trust fund. This flat rate shall be a sum not in excess of three thousand three
hundred twenty two dollars and twenty cents ($3,322.20) per dwelling unit to be
demolished. Such flat fee shall be adjusted for inflation as of January 1 of each
calendar year following the initial adoption hereof, based on the consumer price
index for the previous twelve (12) months, or three (3) percent, whichever result
is less.
18.97.040: HOUSING MITIGATION JUSTIFICATION TO COUNCIL:
A. Report To City Before Rezoning Hearings: The director of the department of
community and economic development, or designee, shall prepare a report justifying the
method of housing mitigation recommended by the director, including the factual basis
upon which it is premised and a factually based justification for the recommendation.
This report shall be submitted to the planning commission in sufficient time for its
deliberation concerning the advisability of effectuating the petitioner's request for a
zoning change. The petitioner may, likewise, submit its proposal and the factual and legal
justification for mitigation, if any, or why the director's recommendations are appropriate
or should be modified. The commission shall include in its evaluation an evaluation of
the adequacy of the housing loss mitigation plan, proposed by the petitioner and that
recommended by director of the department of community and economic development.
B. Report To Planning Director On Conditional Use Permit Petitions: In the event
of a conditional use permit, said report shall be submitted to the city's planning director.
The report shall be duly evaluated, considered and included in the decision regarding any
conditional use permit. The planning director, or designee, shall memorialize, in writing,
the factual basis supporting any decision dealing with the housing mitigation component
of any such conditional use permit and include this finding and evaluation in the file for
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due consideration should there be an appeal relating thereto.
C. Report to Housing Advisory and Appeals Board: A housing mitigation plan
required under Chapter 18.64 (Demolition) of this title shall be considered by the
Housing Advisory and Appeals Board as provided in such chapter. The director of the
department of community and economic development shall prepare a report justifying the
method of housing mitigation recommended by the director, including the factual basis
upon which it is premised and a factually based justification for the recommendation.
This report shall be submitted to the housing advisory and appeals board in sufficient
time for its deliberation concerning the advisability of effectuating the petitioner's
request for a demolition permit. The petitioner may, likewise, submit its proposal and the
factual and legal justification for mitigation, if any, or why the director's
recommendations are appropriate or should be modified. The board shall include in its
evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by
the petitioner and that recommended by director of the department of community and
economic development.
18.97.050: NATURE AND REVIEW OF ALLEGED UNCONSTITUTIONAL OR
ILLEGAL HOUSING LOSS MITIGATION:
Should any petitioner or other person, corporation, or entity claim that this chapter
or any application of it is illegal, unconstitutional, or may constitute or effectuate an
unconstitutional taking of property without appropriate compensation, either per se or as
applied, the city shall be notified as soon as practicable. The provisions of Title 2,
Chapter 2.66 (Constitutional Takings) of this code shall apply to each such claim.
SECTION 3. Chapter 18.48.250,Salt Lake City Code, shall be, and hereby is, amended
to read as follows:
18.48.250: EXTERIOR MAINTENANCE:
A. The exterior of a boarded building shall be maintained as required by relevant
requirements set forth in Sections 18.50.140 to 18.50.230 of this title. In particular,
exterior walls and surfaces shall be properly maintained and severely weathered, peeling,
or unpainted wood and damaged siding and roofing shall be replaced or repaired with
similar materials and colors.
B. Doors, windows, special glass, fixtures, fittings, pipes, railings, posts,panels,
boards, lumber, stones, bricks, marble, or similar materials within the interior of a
boarded building shall not be salvaged except upon the issuance of a predemolition
salvage permit as provided in Section 18.64.070 of this title.
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C. If the owner of a boarded building fails to maintain the building and its
premises as required by this section and Section 18.64.045 of this title, the city may take
appropriate legal action to enforce such requirements.
SECTION 4. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 11 day of December , 2012.
HAIRPERS ON
A T:
TY RECORDER
Transmitted to Mayor on December 18, 2012 •
Mayor's Action: )\ Approved. Vetoed.
MAY
Y RECORDER
�;f T APPROVED AS TO FORM
Date:
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Bill No. 94 of •
Published: 12-24-12 ~'
Demolition Ordinance(clean-as adopted 12-11-12).doc
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