The text
Sections:
8.08.010 - Purpose and intent.#
Business owners and property owners shall properly manage their businesses and properties to prevent them from becoming a nuisance to public safety personnel, neighboring residents or businesses, or deteriorating into havens for crime or the spread of disease to the degree that nuisance conduct or conditions are created. This chapter creates a system to initiate administrative actions to abate nuisance conduct or conditions, to encourage mediation and creative problem-solving to abate nuisance conduct or conditions, and to impose civil fines or other penalties if a business owner or a property owner fails to take reasonable actions to address the identified nuisance conduct or conditions.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.020 - Existing law continued.#
The provisions of this chapter 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. 2020-06, § VI, 6-3-2020)
8.08.030 - Criminal or civil prosecution.#
A.
The city shall have sole discretion in deciding whether to pursue remedies to address nuisance conduct or conditions under this chapter, file a civil nuisance action under this chapter or under state law, to bring criminal charges, order suspension or revocation of business licenses, order immediate action to terminate or abate nuisance conduct or conditions, pursue administrative enforcement actions for the violation of any of its ordinances or applicable code requirements, or any combination thereof. City officials are permitted to exercise executive discretion in determining which course of enforcement to pursue, taking into consideration the severity of an incident, the culpability of involved parties, the history of the involved property, and whether other exigent circumstances exist that exacerbate the public impact of the nuisance conduct or conditions.
B.
The enforcement of the provisions of this chapter does not prevent the city from pursuing other remedies for specific violations, including fines, abatement, suspension, revocation, injunctions, or other penalties. Specific violations may be considered nuisance conduct or conditions under this chapter, even if the business owner or property owner has already incurred civil or criminal penalties for that offense.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.040 - Effect of headings.#
Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.050 - Severability.#
If any section, subsection, sentence, clause, phrase, portion, or provision of this chapter is, for any reason, held to be invalid or unconstitutional by 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 chapter and each section, subsection, sentence, clause, phrase, portion, or provision thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.060 - 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. 2020-06, § VI, 6-3-2020)
8.08.070 - Acts include causing, attempting, aiding, and abetting.#
A.
Whenever an act, condition, or omission is referred to or made unlawful in this chapter, it shall include causing, attempting to cause, permitting, aiding, or abetting such act, condition, or omission.
B.
Each unlawful act, condition, or omission under this chapter is a separate Class B misdemeanor.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.080 - City alcoholic beverage licensees' duties under code remain in effect.#
The provisions of this chapter do not overrule or excuse a city alcoholic beverage licensee from the duties imposed by the provisions of Chapter 5.04, Alcoholic Beverages. The provisions of this chapter supplement penalties imposed through other enforcement mechanisms in the Code and are required due to the unique public nuisance created as a consequence of repeated underlying conditions or offenses.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.090 - Duty to properly manage.#
Every property owner and business owner shall have a duty to properly manage the property or business, as applicable, to prevent the creation of a nuisance to neighboring businesses, residents, passers-by, or the public, that results from nuisance conduct or conditions by patrons, guests, employees, occupants, or those who frequent the business premises or the property, regardless of whether the persons are owners, invitees, or trespassers.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.100 - Nuisance declared.#
Pursuant to Title 10, Chapter 8, Section 60 of the Utah Code, the City of South Salt Lake's city council declares that the quiet enjoyment of property and the general health, safety, and welfare of the community are intolerably impaired—and a public nuisance exists—when nuisance conduct or conditions occurs at any property or place of business. The provisions of this chapter are intended to supplement other penalties imposed through other enforcement mechanisms and are required due to the unique public nuisance created as a consequence of the repeated nature of the underlying conditions or offenses.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.110 - Per Se Nuisance Due to Criminal activity.#
A.
A business owner or property owner (as applicable) has created a nuisance conduct or condition if, within one hundred eighty (180) consecutive days, not less than three (3) separate incidents of criminal conduct occur at or within the property or place of business.
B.
The provisions of this section do not apply to apartment complexes, as defined in Section 4.04.020, which are governed by Chapter 4.20, Apartment Nuisances. The provisions of this section apply to all other rental housing that does not fit the definition of an apartment complex.
C.
The provisions of this section apply to a mobile home park only if the nuisance conduct or conditions occurs in areas of the park that are accessible to both guests and residents of the park.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.120 - Objectionable conditions.#
A.
A business owner or property owner has created nuisance conduct or conditions if it is determined that objectionable conditions exist at a property two (2) or more times within a 180-day period.
B.
A condition is not an objectionable condition if the business owner or property owner promptly corrects the condition upon receipt of notification of the condition pursuant to this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.130 - Declaration of nuisance conduct or conditions.#
The city may declare the existence of nuisance conduct or conditions, as described under Section 8.08.110 and/or Section 8.08.120 of this Code, at a property or business at any time. A property owner or business owner shall have ten (10) days to appeal a city declaration of nuisance conduct or conditions in accordance with the provisions of Chapter 2.22 of this Code. Notwithstanding any other provision of this Code, a declaration of nuisance conduct or conditions may be combined with any other notice from the City to the same property owner or business owner.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.140 - Request for nuisance determination action by neighboring resident or business.#
A.
A neighboring resident or business may request a determination of nuisance conduct or conditions described under Section 8.08.120 (objectionable conditions), as set forth below.
B.
A neighboring resident or business may submit a written request for a determination to the Community Development Department on a form provided by the city.
C.
All relevant and available information and documentary evidence of the objectionable conditions must accompany the request for determination.
D.
Once a request for determination is submitted to the Community Development Department, the request will be assessed for sufficiency to proceed to mediation or administrative hearing. A request shall be sufficient if credible, objective evidence of the objectionable conditions is presented. If the request is deemed insufficient, the Department shall provide a written response to the requester explaining its decision.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.150 - Mediation of request by neighboring resident or business before hearing.#
A.
Before referring the request for determination of nuisance conduct or conditions under Section 8.08.140 to the administrative law judge, the Community Development Department shall contact or attempt to contact the property owner or business owner and shall offer to mediate the dispute between the parties.
B.
A property owner or business owner that does not respond within five (5) business days to the city's contact under subsection (A) above, waives the opportunity for mediation under this section, and the request for determination of objectionable conditions shall be submitted to the administrative law judge for a hearing.
C.
Mediation shall be conducted at City Hall, and provided by city staff; alternatively, an independent third party may mediate the dispute if both the action requester and the property owner or business owner agree on the mediator and agree on how the costs of the mediator will be shared among themselves.
D.
Mediation may take place over multiple sessions in order for the parties to gather additional information and to consider remedies to the objectionable conditions.
E.
If the parties are able to reach a resolution that includes remediation of the conditions that are the subject of the action request, then an agreement shall be entered between the property owner or the business owner and the city in which the owner agrees to promptly mitigate the objectionable conditions under a corrective action plan. The corrective action plan shall impose timelines and provide for penalties in the event the owner does not complete the mitigation actions.
F.
Failure to comply with a corrective action plan shall result in the matter being submitted to the administrative law judge for enforcement of the corrective action plan.
G.
If the parties are not able to reach an agreement that resolves the requester's concerns within thirty (30) days from the beginning of mediation, then the request for determination of nuisance conduct or conditions under Section 8.08.140 shall be forwarded to the administrative law judge.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.160 - Notice.#
A.
Notice to the property owner, business owner, or responsible person (as applicable) of a declaration of nuisance conduct or conditions, by the city, or a request for determination of nuisance conduct or conditions, by a neighboring resident or business, shall be complete upon:
1.
In the case of a property owner, by mailing notice to the owner of record on file with the county recorder's office; or
2.
In the case of a business owner, by:
a.
Providing personal service to a person in control of the business premises during regular business hours;
b.
Depositing a letter for delivery via regular mail, addressed to the address provided on the business license records of the city; or
c.
If mail is returned as undeliverable, by posting a copy of the notice in a prominent location at the business, such as at an entrance or gate.
3.
In the case of a responsible person, by personal service.
B.
Notice of a hearing before the administrative law judge shall be in conformance with Section 2.22.050 of this Code, and shall be provided to the property owner or the business owner (as applicable), and the requester if the request for determination of objectionable conditions was initiated by a party other than the city.
C.
Failure to notify the requesters shall result in the hearing being rescheduled.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.170 - Hearing before administrative law judge.#
A.
At a hearing on whether a business is a per se nuisance due to criminal conduct, the administrative law judge shall consider evidence of the violations.
1.
Police reports, witness statements, and other evidence in the police department's case file shall be accepted and considered by the administrative law judge in rendering its decision.
2.
A conviction for an offense listed as criminal conduct that arises out of an incident that occurred at the business premises conclusively establishes that the crime of conviction occurred. A plea in abeyance or reduction of the offense to an attempted offense is considered a conviction for purposes of this chapter. The form of a plea such as guilty, no contest, Alford, nolo contendere, etc., shall not invalidate a conviction for purposes of this chapter.
3.
The property owner or business owner, as applicable, shall have the opportunity to present evidence, cross-examine witnesses who testify at the hearing, and present argument.
B.
At a hearing on whether a property owner or a business owner has permitted or contributed to objectionable conditions, the administrative law judge shall consider evidence provided by all parties. The parties shall have the opportunity to present evidence, cross-examine witnesses who testify at the hearing, and present argument.
C.
At a hearing on a failure to comply with a corrective action plan entered pursuant to Section 8.08.150, the administrative law judge shall consider the steps taken by the owner and determine whether the owner has fulfilled its obligations under the corrective action plan.
1.
The city shall present evidence that the owner has failed to comply with its obligations under the corrective action plan.
2.
The property owner or business owner, as applicable, may present evidence of steps taken to comply with the corrective action plan.
3.
Either party shall have the opportunity to cross-examine any witnesses who testify at the hearing, and present argument.
4.
During a hearing reviewing a failure to comply with a corrective action plan, the administrative law judge does not consider whether the request for determination was appropriate, that issue having been waived by the owner who entered the agreement.
5.
In the event the administrative law judge finds that the owner has failed to comply with any obligation under the corrective action plan, the administrative law judge shall impose the penalties as set forth in the corrective action plan.
D.
The burden of proof for all proceedings in these matters, including affirmative defenses, shall be a preponderance of the evidence.
E.
Notwithstanding Section 8.08.180, a determination of nuisance conduct or conditions is a final, appealable order.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.180 - Continuing supervision.#
A.
When the administrative court has entered a determination of nuisance conduct or conditions, the property owner or business owner, as applicable, is subject to the continued supervision of the administrative court for six (6) months. During that time, the administrative court may schedule review hearings to track the property owner's or business owner's (as applicable) compliance with the administrative order, impose previously suspended penalties, or convene a new hearing based upon newly alleged incidents of nuisance conduct or conditions.
B.
Before imposing any new penalty for subsequent nuisance conduct or conditions, the administrative law judge shall ensure that due process is afforded to the owner through the opportunity for a hearing in compliance with Section 8.08.170.
C.
The finding of a subsequent incident of nuisance conduct or conditions, that occurs within the six-month (6) supervision period is subject to new penalties and shall restart the six-month (6) supervision period.
D.
Each new incident that results in additional penalties may be appealed. Such appeals are limited to a review of that new incident and may not address previous determinations by the administrative law judge that were not timely appealed.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.190 - Administrative penalties.#
A.
A business or property that is found to have nuisance conduct or conditions is subject to penalties that include: a one-time fine, a daily fine, license suspension, license revocation, physical abatement, or demolition. Administratively imposed penalties shall be proportional to the severity, taking into consideration the totality of the circumstances, including:
1.
Severity of the nuisance;
2.
Duration of the nuisance;
3.
Impact of the nuisance on the public and neighboring residents and businesses;
4.
History of the nuisance at the property or business;
5.
Owner's attempts at mitigating the nuisance; and
6.
Cost of nuisance mitigation.
7.
A penalty may be stayed or reduced if the owner;
8.
Abates the nuisance within a time period established by the administrative law judge; or
9.
Adopts and implements additional principles of Crime Prevention Through Environmental Design (CPTED), if and as required and approved by the administrative law judge.
B.
The administrative law judge may additionally enter an order of abatement that requires the owner to correct nuisance conditions and authorizes the city to abate the nuisance, including through order of demolition, if the owner does not timely perform the abatement.
C.
In the event the city proves that nuisance conduct or conditions pose a danger to human health or human life, unabated, the administrative law judge shall order the abatement or demolition as requested by the city.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.200 - Defenses.#
For purposes of this chapter, an act of criminal conduct shall not accrue against the property owner or business owner, as applicable, if the owner proves that it took all reasonable steps, including implementation of any recommendations issued in writing by the police chief or designee, to prevent reoccurrence of the criminal conduct.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.210 - Declaration or determination to follow business owner and property location.#
A declaration or determination of nuisance conduct or conditions follows the business owner and/or runs with the property. A declaration or determination of nuisance conduct or conditions is not eliminated by transferring the property or the business to another person or entity, changing the name of the business, or moving the business to a new location.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.220 - Appeals.#
A party may appeal a declaration, by the city, or determination of nuisance conduct or conditions or a penalty imposed, by the administrative law judge, under this chapter to the District Court.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.230 - Emergency abatement to protect public health.#
Nothing in this chapter shall prevent the city from abating nuisance conduct or conditions that denigrate the public health and welfare in a declared emergency.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.08.240 - Noise Abatement.#
A.
No undeveloped land in South Salt Lake City that is adjacent to a state highway shall be developed for any purpose incompatible with a noisy environment, unless the development of said property shall include appropriate noise abatement measures determined necessary by the city and consistent with the UDOT's noise impact criteria in effect at the time.
B.
Violation of this section shall constitute a Class B misdemeanor.
(Ord. No. 2020-06, § VI, 6-3-2020)