Chapter 4.04 - GENERAL PROVISIONS

4.04.010 - Purpose.#

The City Council of South Salt Lake finds that a large number of Dwelling units within the City of South Salt Lake are occupied on a rental tenancy basis. The City Council of South Salt Lake also finds that pursuant to constitutional and legislative authorization, the City is permitted to license, regulate and enact ordinances governing Rental Dwellings, Mobile home parks and trailer courts. The City Council finds that regulation is necessary due to a history of nuisance activities by Tenants, unsanitary conditions and unfit premises. As such, a rigorous housing program is necessary in order to improve the quality of life for residents of the City abiding in Rental Dwellings and Mobile home parks.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.04.020 - Definitions.#

As used within any chapter in this title:

"Apartment complex" means a parcel of real property, or a series of contiguous parcels sharing a common Owner, containing ten or more Rental Dwelling units.

"Background check" means a printed history of the tenant's criminal activity, either prepared by the Utah Bureau of Criminal Identification, or a service which provides the same data.

"Business License Official" means an employee, official or agent of the City authorized to review, issue, suspend and revoke business licenses and applications for licenses.

"City" shall mean the City of South Salt Lake, Utah.

"City Attorney" shall mean the duly appointed City Attorney.

"City official" means any employee, official or agent of the City authorized to administer or enforce the provisions of the City Code.

"Community Development Director" shall mean the duly appointed Community Development Director.

"Complainant" shall mean a Person, including the Community Development Director, who files a complaint under this chapter.

"Conciliation" shall mean the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the Complainant, the respondent, and the Housing administrator.

"Conciliation agreement" shall mean a written agreement setting forth the resolution of issues by Conciliation under this chapter.

"Criminal conduct" refers to both "Serious criminal conduct" and "Minor offenses" as those terms are defined in this section.

"Design professional" means an engineer or architect, duly and currently licensed under the laws of the state of Utah.

"Discrimination" shall mean any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a Person or Persons because of a Person's actual or perceived Sexual orientation or Gender identity or because of a Person's association with any such Person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any Person because of that Person's Sexual orientation or Gender identity.

"Duplex" means a building arranged or designed to be occupied by two families, the Structure only having two Dwelling units. Each Dwelling unit contains its own exclusive entry point, kitchen, bathing and toilet facilities, and separate sleeping quarters. The units are divided by a permanent wall or a doorway which may be locked on one side to the exclusion of the other.

"Dwelling" shall mean any building or portion thereof, which is designed for use as residential purposes, except hotels, mobile homes, and motels, which has been approved for residential use by the city's building official.

"Dwelling, Primary" means the principal building, or one of the principal buildings on a Lot, that contains the Primary Use on the Lot.

"Engage in Business/Engaged in the Business" means to conduct, manage, or carry on any activity as Owner, officer, agent, Manager, employer, servant, or lessee.

"Exempt residential rental business" means the rental of a residential unit within a single Structure that contains: (1) no more than four residential units, and (2) one unit which is continuously occupied by the Owner.

"Gender identity" shall mean a Person's actual or perceived Gender identity, appearance, mannerisms, or other characteristics of a Person with or without regard to the Person's sex at birth.

"Housing administrator" shall mean the Person designated by the Mayor to receive, investigate, and conciliate complaints under this chapter, or another designated representative of the City.

"Incident" is used in relation to "Serious criminal conduct" and "Minor offense" and means an arrest or citation of a Tenant or guest of an apartment complex for Criminal conduct.

"Landlord" means the Owner of a Rental Dwelling, or a Manager of a Rental Dwelling, if the Owner has designated a Manager.

"Manager" means an individual or entity that has entered into a formal or informal arrangement with the Owner of a Rental Dwelling to provide management services for the unit. A Manager shall be deemed an agent of the Owner for purposes of delivery of notices required under this title.

"Mayor" shall mean the duly elected or appointed and qualified Mayor of Salt Lake City.

"Minor offense" means any criminal offense defined by state law or municipal ordinance, that can be reasonably linked to a Tenant or guest of an apartment complex, that has the apartment complex as its locus and that is not included within the definition of "Serious conduct." "Minor offense" includes parking violations, as defined in Title 41, Chapter 6, Section 103, criminal trespass as defined in Title 76, Chapter 6, Section 206 and littering as defined in Title 41, Chapter 6, Section 114 of the Utah Code.

"Mobile home" means a factory assembled Structure or Structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a Dwelling unit(s) without a permanent foundation. A modular home transported on wheels to its foundation shall not be considered a Mobile home.

"Mobile home park" means a parcel (or contiguous parcels) of land which has been so designed, improved or utilized that it contains three or more Mobile home lots available to the general public for the placement thereon of Mobile homes for occupancy.

"Owner" means the record Owner of the real property as listed on the records of the Salt Lake County recorder or assessor's office, a lessor or a sub-lessor of a residential unit. A managing agent, leasing agent, or resident Manager is considered an Owner only for purposes of notice and other communications required or allowed under this title unless the agent or Manager specifies otherwise in writing in the Rental agreement.

"Owner-Occupied" means occupied by the record Owner of the property as the Owner's Primary Residence.

"Owner-Occupied Duplex" means a Duplex in which one of the Rental Dwellings is occupied by the record Owner of the property as the Owner's principal place of residence.

"Person" means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, limited liability company, corporation, association, legal entity, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

"Preponderance of the evidence" means evidence that is more convincing than the evidence supporting a contrary conclusion, as developed and explained by Utah's appellate courts.

"Primary Resident/Residence" a Dwelling that services as someone's primary home and is occupied for at least 183 consecutive days in a year.

"Real estate broker or salesperson" shall mean a principal Real estate broker, an associate Real estate broker, or a Real estate sales agent as those terms are defined in Utah Code Section 61-2-2 or any successor provision.

"Religious organization" shall mean a religious corporation, association, educational institution, society, trust, or any entity or association, which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.

"Rent" shall mean to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.

"Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules or any other provision regarding the use and occupancy of a Rental Dwelling.

"Rental Dwelling" means a building or portion of building that is: 1.

Used or designated for use as a residence by one or more Persons, and includes the appurtenances, grounds, and facilities held out for the use of the residential Renter generally, as well as any other area or facility provided to the Renter in the Rental agreement; and

2.

Available to be rented, loaned, leased or hired out for a period of one month or longer; or

3.

Arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

Rental Dwelling includes Single family rentals, Duplexes, Owner-Occupied Duplexes and apartments. Rental Dwelling does not include Short-Term Rentals.

"Rental Dwelling unit" means a residential unit held out for lease to the public, which is part of or inside of a Rental Dwelling containing at least one other unit for lease.

"Rental property" means the premises on which are located residential Rental Dwellings and for which there is a single Owner, including all Rental Dwellings, common and parking areas, driveways, walkways, yards, plazas and stairwells.

"Renter" means any Person entitled under a Rental agreement to occupy a Rental Dwelling to the exclusion of others.

"Residential real estate related transaction" shall mean the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a Dwelling; or secured by Residential real estate; or selling, brokering, or appraising residential real property inside the City.

"Respondent" shall mean a Person identified in a complaint as having committed an unlawful housing practice under this chapter.

"Responsible Person" means the person(s) determined by the City who is responsible for causing, maintaining, or allowing the continuation of a violation of the City code. Responsible Person shall include, but is not limited to, a property Owner, agent, tenant, lessee, occupant, architect, builder, contractor, business Owner, or other Person who individually or together with another Person is responsible for causing, maintaining, or allowing the continuation of a violation of any provision of the City code.

"Service building" means a building which houses toilets, lavatories, bathing facilities, a service sink, and may also include laundry and other accommodations as may be required. Comfort of the occupant is provided for by adequate heating, lighting and ventilation.

"Serious criminal conduct" means any of the following that has the Apartment complex as its locus and can be reasonably linked to a Tenant or guest of the Apartment complex (all references are to the Utah Code): the unlawful sale, manufacture, service, storage, distribution, dispensing or acquisition of any controlled substance, precursor, paraphernalia or analog specified in Title 58, Chapter 37, Controlled Substances, Chapter 37a, Paraphernalia; Chapter 37b, Imitation Controlled Substances, Chapter 37c, Precursors or Chapter 37d, Clandestine Labs; criminal activity committed in concert with two or more Persons as provided in Section 76-3-203.1; an offense involving any form of abuse of a child or violence or the threat of violence against a Person as defined in Title 76, Chapter 5, Offenses Against the Person; sexual exploitation of a child as defined in Title 76, Chapter 5a, Sexual Exploitation of Children; an offense involving intentional damage to property as defined in Title 76, Chapter 6, Part 1; an offense relating to burglary of a building or vehicle or possession of burglary tools as defined in Title 76, Chapter 6, Part 2; an offense involving any form of robbery as defined in Title 76, Chapter 6, Part 3; an offense involving any form of theft as defined in Title 76, Chapter 9, Part 4; riot, disorderly conduct or failure to disperse as defined in Title 76, Chapter 9, Part 1; an offense involving any form of animal fighting as defined in Title 76, Chapter 9, Part 3; an offense involving intoxication or any form of lewdness or voyeurism as defined in Title 76, Chapter 9, Part 7; an offense involving a dangerous weapon as defined in Title 76, Chapter 10, Part 5; an offense involving a nuisance as defined in Title 76, Chapter 10, Part 8; gambling permitted to be played, conducted or dealt as prohibited in Title 76, Chapter 10, Part 11, Gambling; or prostitution or promotion of prostitution carried on by one or more Persons as provided in Title 76, Chapter 10, Part 13, Prostitution.

"Serious safety violation" means any hazard constituting an imminent threat to the life safety of an occupant or neighbor, and for which condemnation, closure to occupancy or termination of utilities is provided in electrical, building, plumbing or similar codes.

"Sexual orientation" shall mean a Person's actual or perceived orientation as heterosexual, homosexual, or bisexual.

"Short-Term Rental (STR)" means a residential unit or any portion of a residential unit that the Owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days and is: an Owner-Occupied Duplex; an Owner-Occupied Rental Property; or in a property owned by a Primary Resident who resides in South Salt Lake.

"Single family rental" means a building arranged or designed to be occupied by one family and held for lease to the general public, the Structure only having one unit.

"Structure" means anything constructed or erected which requires location on or below the ground or attached to something having location on or below the ground.

"Tenant" means every Person who resides in a Rental Dwelling, whether named in the lease or not.

"Unlawful practice" shall mean a discriminatory act or practice relating to housing that is prohibited under this chapter.

"Wastewater" means discharges from all plumbing facilities, such as rest rooms, kitchen and laundry fixtures either separately or in combination.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.04.030 - Existing law continued.#

The provisions of this title shall not invalidate any other title, chapter or ordinance of this code, but shall be read in conjunction with those titles, chapters and ordinances and shall be used as an additional remedy for enforcement of violations thereof.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.04.040 - Criminal or civil prosecution right.#

The City shall have sole discretion in deciding whether to file a civil nuisance action under state law, a criminal case or to pursue an administrative enforcement action for the violation of any of its ordinances or applicable code requirements. The enactment of this title shall not be construed to limit the City's right to prosecute any violation as a civil nuisance violation or a criminal offense under state or municipal law.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.04.050 - Severability.#

If any chapter, section, subsection, sentence, clause, phrase, portion or provision of this title is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this title and each chapter, section, subsection, clause, phrase, portion or provision thereof, irrespective of the fact that any more or more sections, subsections, clauses, phrases, portions or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this title.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)

4.04.060 - Civil liability.#

By establishing performance standards or by establishing obligations to act, it is the intent of the City Council that South Salt Lake City employees and officers are exercising discretionary authority in pursuit of an essential governmental function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability.

(Ord. No. 2013-14, 10-11-2013; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025)