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8.01.010 - Definitions.#
"Abandoned" or "idle construction site" means a site or building(s) where construction has begun but where construction has ceased, the building permit has expired for more than three (3) months, and where exposed foundations, footings, rebar, framing, construction waste, large holes, piles of soil, sand, rock, and/or other open excavation exists.
"Administrative citation" means a citation issued to a responsible person, which gives notice of a violation and the civil fee for such violation.
"Administrative costs" means a fee established in the consolidated fee schedule, representing the proportional cost to the city of administering its code enforcement program, in addition to the actual cost of an abatement.
"Administrative hearing" means a hearing held pursuant to the procedures established by Chapter 2.22 of this Code.
"Administrative law judge" means the person appointed by the mayor or the mayor's designee to preside over administrative hearings.
"Administrative order" means an order issued by an administrative law judge. The order may include an order to enter upon private property to abate a violation of this Code or state statute, to pay civil fees and administrative costs, to reverse or modify decisions of city officials as provided elsewhere in this Code or take any other action as authorized or required by state law, this chapter, or applicable codes.
"Alarm business" means any person engaged in the business of selling, installing, planning the installations, assisting in planning, servicing, maintaining, monitoring, repairing, replacing, moving or removing alarm systems in the city.
"Alarm administrator" means the individual designated by the chief of police to issue permits and enforce the provisions of this title.
"Alarm dispatch request" means a notification to the police by the alarm business that an alarm, either manual or automatic, has been activated at a particular site.
"Alarm, duress" means an alarm signal generated by the manual activation of a device intended to signal a crisis situation requiring police response.
"Alarm, false" means the activation of an alarm system, which results in an arrival at the alarm site by the police department, when an emergency does not exist. False alarms include an alarm signal caused by conditions of nature, that are normal for that area and subject to control by the alarm business operator or alarm user. A false alarm does not include an alarm signal caused by extraordinarily violent conditions of nature such as tornados, floods, and earthquakes not reasonably subject to control.
"Alarm, holdup" means an alarm signal generated by the manual activation of a device intended to signal a robbery in progress.
"Alarm, local" means any alarm device audible at the alarm site.
"Alarm, one plus duress" means the manual activation of a silent alarm signal by entering at a keypad a code that adds one (1) to the last digit of the normal arm/disarm code. (Normal code = 1234; One plus duress code = 1235)
"Alarm site" means a single premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex, shall be considered a separate alarm site.
"Alarm system" means any mechanism, equipment, or device that is designated to detect an unauthorized entry into any building or onto any property, or to direct attention to a robbery, burglary, or other emergency in progress, and to signal the above occurrences either by a local or audible alarm or by a silent or remote alarm. The following devices do not constitute alarm systems within the meaning of this subsection: A.
Devices that do not register alarms that are audible, visible, or perceptible outside the protected premises;
B.
Devices that are not installed, operated or used for the purpose of reporting an emergency to the police department;
C.
Alarm devices affixed to motor vehicles, unless the vehicle is permanently affixed to the real property at the alarm site; and
D.
Alarm devices installed on a temporary basis by the police department.
"Alarm user" means the person in control of any building, structure, or facility or portion thereof wherein an alarm system is maintained.
"Apartment complex" means any building or group of buildings containing two (2) or more rental dwelling units.
"Automatic dialing device" means an alarm system that automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of an emergency situation that the alarm system is designed to detect.
"Boarded building" means a building in which all or some of the utilities have been disconnected in which some or all windows or doors are boarded to prevent entry at the ground and second level (if a second level exists).
"Boarding" means the secured covering of openings to a building or structure to prevent entrance pursuant to the provisions and standards of this chapter.
"Business owner" means the person or persons engaged in business within South Salt Lake City.
"Central station" means an office that alarm systems are connected to, where operators supervise the circuits on a continuous basis and the relay live messages to the police department.
"Certificate of noncompliance" means an official document or form identifying the existence of one (1) or more violations of the codes adopted in Chapter 8.10 of this Code.
"City" means the city of South Salt Lake, Utah, including the mayor and all other employees of the administrative branch of the city.
"Closed to occupancy" means a building in which no person may eat, sleep, live, or otherwise reside or occupy the building or any portion thereof for any purpose. Buildings closed to occupancy may only be entered by the owner, owner's agent, or other authorized persons to do repair or remediation work.
"Criminal conduct" means any criminal offense at a property or a place of business that can be reasonably linked to a patron, invitee, manager, owner, or employee of the business, a resident or occupant of the property or place of business, or any person in the case of vacant property.
"Dilapidated" means: (1) a building or structure or part thereof that by reason of inadequate maintenance, structural deterioration, or abandonment is unsafe, unsanitary, or constitutes a hazard and is no longer fit for use as originally intended; or (2) a building in which no legitimate human occupancy is occurring, as determined by the city, and where any of the following exist: (i) the utilities have been disconnected; (ii) windows are missing; (iii) windows are open or broken; (iv) doors are open, missing, or broken; or (v) the interior of the building is in such a condition due to of lack of utilities, the presence of vermin, structural defects, electrical and plumbing defects, or filth, that the building is not habitable.
"Emergency" means the commission or attempted commission of a robbery, burglary, or other criminal action.
"Emergency conditions" means one (1) or more conditions that exist in a building or on a property that create the likelihood of imminent danger to the life or safety of anyone who enters or occupies the property or building.
"Employee" means any person who is employed by an alarm business and who sells, installs, services, maintains, repairs, or replaces alarm systems in the city.
"Enforcement official" means any person authorized by the city to enforce violations of state law or the South Salt Lake City Code, including, but not limited to, zoning officers, police officers, code enforcement officers, building inspection officials, fire marshals, and animal control officers.
"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.
"Fireworks" are those designated as "Class C common state-approved explosives" by the state of Utah pursuant to Utah Code 53-7-202 and 53-7-220 through 53-7-225 and any subsequent amendments and/or revisions. Fireworks also include sparklers of any length or size.
"Habitable building" means a building fit for human habitation, or in nonresidential buildings, immediate occupancy, without any additional repairs or rehabilitation and for which utility meters and service lines are in place, although they may be locked off. All windows are in place, securely closed and glazed, and all exterior doors are securely closed by means of a lock. Buildings that have any condition rendering them dilapidated are not habitable buildings.
"Imminent life safety hazard" means any condition that creates a serious and immediate danger to life, property, health, or public safety.
"Intrusion alarm system" means an alarm system signaling an entry or attempted entry into the area protected by the system.
"Indoor sales" means sales conducted inside a permanent structure located in areas properly zoned for retail sales or sales from a vehicle or trailer.
"Itemized statement of costs" means a written notice to a responsible person, itemizing the city's actual and administrative cost of abating a state law or city code violation.
"Municipal action" means a notice of violation and summons, an administrative citation, an itemized statement of costs, a notice of emergency abatement, notice of noncompliance, or other notice of any other adverse municipal decision for which the right to an administrative hearing is specifically provided by ordinance.
"Neighboring resident or business" means a person or corporation, respectively, residing in a home, owning property, or maintaining a business within three hundred (300) feet of the property line of the parcel that is the subject of the complaint.
"Notice and order" means a written notice issued by the city to the property owner stating the reason(s) why a building/property must be secured, the date by which it must be secured, the method(s) for securing the building, and the appeal process.
"Notice of compliance" means a document or form approved by the director of urban livability that indicates that a property complies with the requirements outlined in a notice of violation and summons.
"Notice of emergency abatement" means a written notice issued by the city that informs a responsible person of emergency abatement actions taken by the city and provides an itemized statement of costs for those actions.
"Notice of noncompliance" means a written notice issued by the city that informs a responsible person of one (1) or more violations of the codes adopted in Chapter 8.10 of this Code, sets a date by which the violation(s) must be remedied, informs the responsible person that a certificate of noncompliance will be recorded on the property if the violation(s) is not remedied by the date therein, contains a draft certificate of noncompliance, and provides notice of a right to appeal.
"Notice of violation and summons" means a written notice that informs a responsible person of code violations, orders certain steps to correct the violations, demands appearance at an administrative hearing, and sets forth a date and time for the hearing.
"Nuisance conduct or conditions" includes both criminal conduct and objectionable conditions.
"Objectionable conditions" means any single condition that is disruptive to the public safety of the community, the quiet enjoyment of neighboring uses, or results in the harassment of patrons or other persons, including, but not limited to: the negligent spread of COVID-19 or any other disease implicated in a declaration of a public health emergency, disturbance of the peace, intoxication, drinking in public. harassment of passers-by, gambling, prostitution, public urination, lewd conduct, gang activity, drug trafficking, excessive littering, unlawful discharges of hazardous materials, rodent harborage, parking violations, unlawful accumulation of solid waste, fouling of the air with offensive odors or contaminants, excessive dust, or excessive loud noise.
"Outdoor sales" means sales conducted in a temporary and moveable stand erected for the primary purpose of selling fireworks.
"Permanent structure" means a non-moveable building that is permanently affixed to the ground.
"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.
"Permittee" means the person to whom an alarm user permit is issued.
"Place of Business" means a location maintained or operated by a person within the city from which that person engages in business. Place of business includes a parking lot owned or leased by the business, parking areas traditionally used by patrons or employees of the business, and the public rights-of-way adjacent to the business premises as it is used by persons attracted to the business.
"Property owner" means the record owner of real property as shown on the records of the Salt Lake County Recorder.
"Rehabilitation" means the correction of conditions that render the property/building unfit or dilapidated or unsecured.
"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.
"Unsecured building" means a vacant building where one (1) or more window(s) and/or door(s) or other openings that are or can be reasonably used for entry into a building are missing, broken or are not otherwise secured against unauthorized persons entering the building.
"Vacant building" means a habitable building unoccupied by the property owner or tenants for a period longer than sixty (60) days.
"Vacant building, compromised" means a vacant building for which the city has received evidence that unlawful entry has been made. Compromised vacant building also includes any building that is unsecured.
"Vacant building, maintained" means a vacant building that maintains the appearance of occupancy, including the following indicators: maintained landscaping, including watering and timely vegetation management; well-maintained exterior appearances of facades, roofs, windows, doors, and paint; securely locked and glazed windows, with appropriate window coverings; securely locked doors; and yards free from refuse or debris. Maintained vacant buildings do not have any boarded windows or doors.
"Vacant building, nuisance" means a property containing a vacant building for which three (3) or more enforcement actions have occurred within a one-year period.
"Vermin" means rats, mice, cockroaches, bedbugs, feral cats, mosquitoes, or any other pest as determined by the city to be harmful to life, health, or welfare.
"Verification" means an attempt by the alarm business, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
"Visual obscuring device" means an alarm system or device that emits or produces real or simulated smoke, fog, vapor, or any like substance that obscures vision.
(Ord. No. 2020-06, § VI, 6-3-2020)