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Chapter 12.04 - SIDEWALK ADMINISTRATION AND ENFORCEMENT#
12.04.010 - Supervision—City engineering department.#
All sidewalks on public property shall be constructed in accordance with the plans and specifications of the city engineering department, which work shall be inspected and approved by the city engineering department.
(Editorially amended during 10/96 supplement; prior code § 10-1-1)
12.04.020 - Violation—Penalty.#
If any person, firm or corporation violates any of the provisions of this title, either by doing any act prohibited or by failing to do any act required to be done, the same shall be guilty of a Class C misdemeanor and may be fined two hundred ninety-nine dollars ($299.00) or sentenced to ninety (90) days in jail. Each day that any act continues shall constitute a separate offense.
(Prior code § 10-1-30)
Chapter 12.08 - SIDEWALK USE REGULATIONS#
12.08.010 - Projection of gates and doors.#
It is unlawful for any person, firm or corporation owning or having the control or management of any alley, road or passageway to construct or hang gates or doors to said alley, road or passageway so that the gates or doors thereto when open shall project outwardly over and upon the sidewalk beyond the property line.
(Prior code § 10-1-19)
12.08.040 - Obstruction of sidewalks.#
It is unlawful for any person owning, occupying or having control of any premises, to place or permit upon the sidewalk or protruding over the half of the street next to such premises: A.
Any broken ware, glass, filth, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans or any other like substances;
B.
Any wagons, lumber, wood, boxes, fencing, building material, dead trees, tree stumps, merchandise, or other thing which shall obstruct such public street or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the city engineering department.
(Editorially amended during 10/96 supplement; prior code § 10-1-22)
12.08.050 - Discharge of water on sidewalks.#
It is unlawful for any person owning, occupying or having control of any premises to suffer or permit water from the roof or eaves of any house, building or other structure, or from any other source under the control of such person to be discharged and spread upon the surface of any sidewalk.
(Prior code § 10-1-23)
12.08.060 - Receiving goods.#
It is unlawful for any person to place or keep, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a passageway clear upon such sidewalk; and it is unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than one hour.
(Editorially amended during 10/96 supplement; prior code § 10-1-24)
12.08.070 - Driving, riding or parking on sidewalks.#
It is unlawful for any person to drive or park a self-propelled vehicle or ride a bicycle; or lead, drive or ride any animal upon any sidewalk, except at established crossings.
(Prior code § 10-1-25)
12.08.080 - Games on sidewalks.#
It is unlawful for any person to obstruct any sidewalk or street by playing games thereon, such as the game of ball, quoits, marbles, jumping, rolling of hoops, flying of kites, coasting or to annoy or obstruct the free travel of any foot passenger, team or vehicle.
(Prior code § 10-1-26)
12.08.090 - Snow removal.#
It is unlawful for the owner, occupant, lessor or agent of any property to fail to remove or cause to be removed from such paved sidewalk all hail, snow or sleet falling thereon within a reasonable time after such snow, hail or sleet has fallen; in any event to be removed not later than the same day in which said snow, sleet or hail has fallen; provided, in case the said snow, sleet, hail has fallen after the hours of six p.m., the same may be removed the following day by ten a.m.
(Prior code § 10-1-27)
12.08.100 - Clogging gutter unlawful.#
It is unlawful for any person removing snow from a sidewalk, as provided in Section 12.08.090, or for any person by any means whatsoever, to deposit snow, dirt or any other material in a gutter so as to clog the same, or prevent the free flow of water therein.
(Prior code § 10-1-28)
12.08.110 - Sweeping required.#
It is unlawful for the owners or occupants of places of business within the city of South Salt Lake to fail to cause the sidewalks abutting thereon to be swept or cleaned each morning before the hour of nine a.m.
(Prior code § 10-1-29)
Chapter 12.12 - SIDEWALK CONSTRUCTION#
12.12.010 - Individual construction—Requirements.#
It is unlawful for any person, either as owner, agent, servant, contractor or employee, to construct any sidewalk in the city of South Salt Lake unless such sidewalk be constructed to lines and grades as given and established by the city engineering department or an authorized representative, unless special permission to deviate from such lines and grades is first obtained from the mayor or designee.
(Editorially amended during 10/96 supplement; prior code § 10-1-2)
12.12.020 - Permits.#
It is unlawful for any person, either as owner, agent, servant, contractor or employee, to construct any permanent sidewalk on public property in the city of South Salt Lake without first having obtained from the appropriate public works personnel a permit to do so. The acceptance of such permit shall be deemed as an agreement upon the part of such person to construct said sidewalk in accordance with the specifications furnished by the city as to the character and quality of the work; and if the sidewalk be constructed of cement, the character and quality of the cement, the constituent parts of the mixture and the thickness of the walk. It is unlawful to construct any such sidewalk in violation of the specifications given by the appropriate public works personnel.
(Editorially amended during 10/96 supplement; prior code § 10-1-3)
12.12.030 - Permit required for driveways.#
A.
It is unlawful for any person to construct any driveway across a sidewalk space or cut or change the construction of sidewalk, curb or gutter, for the purpose of making a driveway, without first making written application and obtaining from the appropriate public works personnel a permit to do so. The acceptance of such permit shall be deemed an agreement on the part of such person to construct said driveway in accordance with specifications furnished by the city. No person shall be granted by any authorized city employee for any driveway exceeding thirty (30) feet in width. No driveway, including sidewalk, shall be less than six inches thick.
B.
Where more than one driveway is required for any one parcel of land, a sidewalk island of at least ten feet shall be provided between driveways, unless special permission is granted otherwise, and in no case shall a permit be granted for a driveway which will be within twelve (12) feet from any street corner measured along the curb from the property line produced, to the nearest side of the driveway. When in the opinion of the appropriate public works personnel it would constitute a traffic hazard or where a driveway conflicts with any permanent improvement, the appropriate public works personnel may refuse to issue a permit.
(Editorially amended during 10/96 supplement; prior code § 10-1-8)
12.12.040 - Application and issuance of permits.#
Application for permit shall be in writing to be filed with the city recorder who shall be authorized to issue a permit after approval of the appropriate public works personnel upon compliance with the provisions set forth in this chapter.
(Editorially amended during 10/96 supplement; prior code § 10-1-4)
12.12.050 - Engineering fees.#
The city engineering department will be allowed to charge and demand in advance for the benefit of the city the following fees from the owners of property, ordering work to be done by the city engineering department or against whom work done in said office is properly chargeable: A.
The charges for establishing sidewalk grades and/or curb and gutter grades for frontage in areas which do not have curb and gutter and in areas where curb and gutter exists and the grades are satisfactory are to be set by the city engineering department. The preliminary survey and design will be paid for by the city.
B.
For establishing all other grades not specifically provided for by this section an amount estimated to cover the actual cost; any excess over actual cost shall be refunded to the party ordering the survey after the work has been done, and the actual cost ascertained.
(Editorially amended during 10/96 supplement; prior code § 10-1-6)
12.12.060 - Inspection fees.#
A.
Where property owners construct sidewalks, driveway and curb and gutters at their own expense, in compliance with the provisions of this chapter, the cost of indicating grades and lines and inspection shall be paid for by the property owner before issuance of the required permit.
B.
The charges for inspection of sidewalks and/or curb and gutters shall be as follows:
1.
The cost of preliminary survey and design shall be borne by the city to establish grade, flow and uniformity. The final stake out and inspection of the curb and gutter will be charged to the property owner. The fee for such charge shall be determined by the city engineering department.
(Editorially amended during 10/96 supplement; Ord. 23 § 1, 1977; prior code § 10-1-5)
12.12.070 - Bringing streets to grade.#
Whenever any portion of any street, avenue, alley, sidewalk or part thereof shall not conform to the established grade as shown by the profiles on file in the office of the city recorder, and it is proposed to pave, repair or macadamize any of the above or part thereof, one half of the expense of bringing such streets, avenues, alleys, sidewalks or part thereof to the established grade shall be paid out of the general fund of the city.
(Prior code § 10-1-7)
Chapter 12.16 - SIDEWALK MAINTENANCE REPAIR AND CONSTRUCTION#
12.16.010 - Definitions.#
"Deteriorated sidewalk" means any sidewalk that is heaved, cracked, spalled or broken as described in this section. The following conditions constitute deteriorated sidewalk: 1.
Vertical separations equal to three-fourths inch (¾″) or more;
2.
Horizontal separations equal to three-fourths inch (¾″) or more;
3.
Holes or depressions equal to three-fourths inch (¾″) or more;
4.
Spalling over fifty (50) percent of a single square or panel of sidewalk with one or more depressions equal to one-half inch (½″) or more;
5.
A single square or panel of sidewalk in such a manner that no part of it has a piece greater than one square foot, or is cracked in such a manner that it constitutes danger or potential danger to the public;
6.
A sidewalk with any part of it missing to the full depth;
7.
A deviation from the staked or constructed grade equal to three-fourths inch (¾″) or more;
8.
A sidewalk covered in whole or in part with weeds or other plants, tree branches, garbage, junk, rubbish, debris, solid waste, bird or animal droppings or any nuisances, obstructions or hazards that make or tend to make pedestrian travel either dangerous or impractical.
"Extraordinary repairs" means sidewalk construction the cost of which exceeds ten (10) percent but is less than or equal to fifty (50) percent of the cost of laying a new concrete sidewalk over the same frontage in order to replace deteriorated sidewalk.
"Front or frontage" means the portion of a property which is adjacent to or traversed by a public way. For purposes of this chapter, each front or frontage of a corner lot is a separate frontage.
"New work" means sidewalk construction the cost of which exceeds fifty (50) percent of the cost of laying a new concrete sidewalk over the same frontage either to replace deteriorated sidewalk or to construct sidewalk at a location where none has existed before.
"Ordinary repairs" means sidewalk construction the cost of which is less than or equal to ten (10) percent of the cost of laying a new concrete sidewalk over the same frontage in order to replace deteriorated sidewalk.
"SID" means "Special Improvement District," as defined by applicable state law.
"Spalling" consists of breakup, crumbling, deterioration, etc. upon the surface of a sidewalk which creates an uneven surface and depression.
(Ord. 2005-03 (part): Ord. 2003-01(part))
12.16.020 - Nuisance.#
Deteriorated sidewalk and sidewalk covered in whole or in part with weeds or other plants, tree branches, garbage, junk, rubbish, debris, solid waste, bird or animal droppings or any nuisances, obstructions or hazards that make or tend to make pedestrian travel either dangerous or impractical are declared a public nuisance.
(Ord. 2005-03 (part): Ord. 2003-01(part))
12.16.030 - Duty to maintain and repair sidewalk.#
A.
It shall be the duty of all persons to keep the sidewalks in front of the premises owned, occupied or controlled by them, as well as the land that lies between the back of the curb and the right-of-way on the side of the street on which their premises are located, in good repair, to repair any deteriorated sidewalk and to keep the public right-of-way free and clear of all weeds or other plants, tree branches, garbage, junk, rubbish, debris, solid waste, bird or animal droppings or any nuisances, obstructions or hazards that make or tend to make pedestrian travel either dangerous or impractical.
B.
The person shall notify the public works department of any deteriorated sidewalk on the front of the premises; the person shall take such temporary steps as needed to protect the public from any dangerous condition until the condition is repaired; and the person shall correct the problem utilizing any of the options provided in this section.
C.
Where deteriorated sidewalk is caused by a tree root or roots, the owner of the premises shall have the duty to repair the sidewalk, to remove the tree as provided in Section 12.52.060 or, if it can be safely done, and after consultation with the city's supervisor of trees, to cut the root.
(Ord. 2005-03 (part); Ord. 2003-01(part))
12.16.040 - Public works inspection.#
It is the duty of the public works department to receive and act upon reports made by owners or others of deteriorated sidewalks or other dangerous conditions by performing an inspection, notifying property owners of repair options and causing necessary abatement or repairs to be made. In addition, the public works department shall be responsible to conduct a regular inspection of the condition of sidewalks throughout the city and to cause all deteriorated sidewalks and other dangerous sidewalk conditions to be abated or repaired in accordance with this chapter subject to the availability of funds.
(Ord. 2005-03 (part): Ord. 2003-01(part))
12.16.050 - Notice of extraordinary repairs.#
When after inspection by the public works department, the public works director or designee determines that sidewalk requires extraordinary repairs, the property owner shall be notified that repairs are needed. The notice shall specify that the repairs have been determined to be extraordinary, as defined in this chapter, will set forth the owner's options to repair, in accordance with this chapter, and will provide the owner with an estimate of the costs of repair. The notice shall be served upon the owner of record as listed upon the tax records of Salt Lake County. Notice may be served by delivering the notice personally to the owner or by mailing the notice by certified mail, return receipt requested.
(Ord. 2005-03 (part); Ord. 2003-01(part))
12.16.060 - Extraordinary repairs, options and costs.#
After notice is given to the property owner as required in Section 12.16.050, repair of the deteriorated sidewalk at the front of the premises, constituting extraordinary repairs, shall be accomplished as follows: A.
If the property is an owner-occupied residence, the owner may employ a contractor or act as a contractor to make the required repair. The repair must be done according to city specifications, to the satisfaction of the city engineer. The owner shall first obtain a permit for the work. The work shall be completed within sixty (60) days of receiving notice from the city. Election by the owner to proceed under this subsection shall be voluntary and the repair costs shall not be deemed an assessment by the city.
B.
If the adjacent property is a single-family residence, the city may agree with the owner in a contract approved by the city, to share the cost of repair with the owner by way of a formula in which the city provides the labor needed to make the repair and the owner pays only for the cost of all materials needed. This formula is equivalent to the resulting benefit to the property. The city may either perform the labor or hire a contractor to perform the labor.
C.
When the property is a multiple-family dwelling, business or any use of property other than a single-family residence, the owner shall pay one hundred (100) percent of the cost of repair of the deteriorated sidewalk. This formula is equivalent to the resulting benefit to the property. At the option of the owner, the repair may be performed by a contractor hired by the owner or may be performed by the city. If done by a contractor, the work will be done to city specifications, to the satisfaction of the city engineer, after first obtaining the necessary permit and shall be completed within sixty (60) days of receiving notice from the city. If done by the city, payment for one hundred (100) percent of the work will be made before work commences.
D.
The owner of the property, regardless of the use of the property, may give a written consent to have the property included in a special improvement district.
E.
An owner's share of the costs of repair of deteriorated sidewalk shall be uniform and based upon the amount of the benefit conferred upon the property by the improvement. However, when the owner of a single-family residence has 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 cost of the entire repair may be paid by the city, subject to the availability of funds budgeted by the city for this purpose. To participate in this option, the owner must make the proper application to the city
F.
The owner shall notify the public works department of the option selected within ten calendar days of receipt of the notice of the need for extraordinary repairs.
G.
This section shall not preclude payment being made by the city for repair of deteriorated sidewalk adjacent to the property of a single-family residence under special conditions, such as the city receiving a federal grant for repair or a low income abatement, as provided in subsection (D) of this section. Before making an agreement with a property owner or owners for the city to pay in excess of the cost of labor for the repair, the city shall, by executive order of the Mayor, first establish a policy concerning the percentage it will pay.
(Ord. 2005-03 (part): Ord. 2003-01(part))
12.16.070 - Refusal or failure to select a repair option—Creation of SID.#
If the owner fails or refuses to notify the public works director of a repair option, or if the owner gives a written consent to have the property included in an SID, the city may then create an SID for the purpose of making the required repair. The SID created may be combined with properties requiring new work or other kinds of improvements. After creation of an SID, in accordance with applicable state law, the city may perform the repair and levy an assessment on the property. The owner's portion of the total repair cost shall be equal to the benefit conferred upon the property by the improvement, consistent with the provisions of Section 12.16.060(B) and (C). The assessment shall be designated by the ordinance creating the SID and will be paid by the owner of the assessed property over a period of five years from the date of the ordinance.
(Ord. 2005-03 (part): Ord. 2003-01(part))
12.16.080 - Ordinary repairs.#
When after inspection by the public works department, the public works director or designee determines that the sidewalk on the frontage of a premises requires ordinary repairs, the director shall cause the repairs to be completed by the city at no cost to the owner.
(Ord. 2005-03 (part); Ord. 2003-01(part))
12.16.090 - New work.#
When after inspection by the public works department, the public works director determines that the sidewalk on the frontage of a premises requires new work, or that it is desirable to construct sidealk at a location where none currently exists, the city may then create an SID for the purpose of performing the new work. The SID created may be combined with properties requiring extraordinary repairs or other kinds of improvements. After creation of an SID, in accordance with applicable state law, the city may perform the new work and levy an assessment on the property. The value of the benefit conferred upon the property by the performance of "new work", regardless of the type of property, is equivalent to one hundred (100) percent of the cost of the new work. The city may assess one hundred (100) percent of the cost of the new work to the property owner, or the city, subject to the availability of funds, may subsidize all or a portion of the cost by provision of labor, the use of federal grants or funds or other available sources of funding. The amount of assessment shall be designated by the ordinance creating the SID and will be paid by the owner of the assessed property over the period of time established in the SID ordinance. When a property with more than one frontage requires new work, the benefit conferred upon that property is equivalent only to fifty (50) percent of the cost of the new work.
(Ord. 2005-03 (part): Ord. 2003-01(part))
Chapter 12.20 - FINANCE OF SIDEWALK, MAINTENANCE, CONSTRUCTION AND REPAIR*#
12.20.010 - Creation of special improvement district (SID).#
The city council may take such steps as shall be necessary to create an SID under the following circumstances: A.
Two-thirds of the owners of real property abutting a city street in any contiguous area within the city petition the city council for the creation of an SID for the purpose of constructing sidewalk;
B.
By the report of the director of public works, creation of an SID is necessary or desirable to finance the cost of extraordinary repairs to existing sidewalks in regard to any specific property or list of properties within the city;
C.
By the report of the director of public works, creation of an SID is necessary or desirable to finance the cost of sidewalk construction constituting "new works" in regard to any specific property or list of properties within the city; or
D.
Under any combination of the circumstances described in subsections (A)—(C) of this section.
(Ord. 2005-04 (part))
12.20.020 - SID procedures.#
In order to create an SID, the city council shall follow the procedures set forth in Utah Code Annotated Section 17A-3-301, et seq. as the same may from time to time be amended, in order to levy and collect an assessment for the cost of sidewalk construction.
(Ord. 2005-04 (part))