Chapter 8.44 - SECURING OF VACANT BUILDINGS AND PROPERTY

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

8.44.010 - Purpose and intent.#

It is the purpose and intent of this chapter to impose a legal duty upon the owners of vacant buildings and properties to secure them and to prevent the buildings from deteriorating into havens for crime and vagrancy to the degree that a nuisance is created, ruining the safe, peaceful and quiet enjoyment of neighboring properties. This chapter creates a system to notify property owners of the problems reasonably attributable to their vacant property and a process to secure the vacant property.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.020 - Civil liability—Other remedies available.#

By establishing performance standards or by establishing obligations to act, it is the intent of the city council that 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 purposed of tort liability.

Obtaining a vacant building permit is not a substitute for effective property management and does not supersede any of the property owner's responsibilities.

Obtaining a permit does not prevent an enforcement official from taking action against a property owner, nor does taking action under this section prevent the city from seeking additional enforcement actions, including civil or criminal citations, or the abatement of violations or unsafe conditions.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.030 - Owner responsibilities for vacant properties.#

Property owners of vacant buildings or properties bear ultimate responsibility to maintain and secure their property against unlawful entry or to remove the vacant building from the premises.

Vacant buildings shall be maintained so as to appear capable of occupancy. In the event that the vacant property is not so maintained, the property owner shall take appropriate measures to secure the building against unlawful entry, and make repairs when others unlawfully break through their security measures or to remove the vacant building from the premises

Properties containing vacant buildings shall be maintained in accordance with the landscaping standards of this Code.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.040 - Vacant buildings.#

The city, through the Urban Livability Department, shall maintain a program to identify nuisance or compromised vacant buildings, and enforce the provisions of this chapter.

Vacant buildings are classified in one (1) of the following tiers:

Tier 1: Maintained Vacant Buildings;

Tier 2: Nuisance Vacant Buildings;

Tier 3: Boarded Buildings; or

Tier 4: Compromised Vacant Buildings.

Tier 2 and 3 properties may be periodically checked by an enforcement official for signs of broken windows or doors, unauthorized dumping, and other violations. When such problems are identified, the enforcement official shall notify the property owner of the issue. Property owners who fail to correct these identified issues are subject to enforcement action and re-classification to higher tiers of vacant buildings.

Tier 3 properties are subject to higher annual vacant building fees, due to their increased risk of vandalism and trespass, and the attention which must be paid to these properties by city officials.

It is unlawful to maintain a vacant building in a condition rendering it a Tier 4 Compromised Vacant Building.

It is unlawful to maintain a vacant building in a condition rendering it a Tier 2 or Tier 3 Vacant Building, without payment of the associated vacant building fee.

The property's tier shall be re-evaluated on an annual basis, during which properties shall be adjusted to the tier that best fits that property's description. Notice of this re-evaluation shall be provided to the property owner, as provided in Section 8.14.150 of this Code.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.050 - Procedures.#

Upon discovery of a previously unidentified Tier 2, 3, or 4 Vacant Building, an enforcement official shall notify the property owner in accordance with Section 8.14.150 of this Code. Within ten (10) days of mailing, the property owner shall: (1) for properties identified as Tier 2 properties, contact the city and pay the fee associated with that tier; (2) for properties identified as unpermitted Tier 3 properties, (a) apply for a permit to maintain the Tier 3 property as a boarded vacant building, or (b) request a stay in order to rehabilitate the building; or (3) for properties identified as Tier 4 properties, (a) apply for a boarding permit; (b) request a stay in order to rehabilitate the building; or (c) remove the vacant building from the property.

A property owner who fails to comply with subsection A of this section is subject to fines, in amounts to be determined by the consolidated fee schedule.

A property owner who files a notice of appeal with the city stays the enforcement action, but fees continue to accrue while the appeal is pending and being heard and are imposed retroactively if the city's actions are upheld.

A vacant property that has been rehabilitated and maintained in the same manner as a Tier 1 Vacant Building for six (6) months shall no longer be required to maintain a Vacant Building permit. A property owner who wishes to terminate the permit must make written request and pay an inspection fee. Upon receipt of this request, an enforcement official shall inspect the property to ensure that it is being maintained appropriately.

A property is no longer vacant once a tenant or property owner is occupying the structure, and the structure has been approved for habitation or occupation, as applicable.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.060 - Notice and order to board or remove building.#

It is unlawful to maintain a Tier 4 Vacant Building. All compromised vacant buildings shall be boarded, removed, or rehabilitated according to the provisions of this chapter.

Upon discovery of a compromised vacant building, the city shall send written notice and order by certified mail, return receipt requested, and regular mail, to the property owner. The notice shall include: the reason(s) why the building must be boarded or removed, the method for obtaining a permit, the date by which it must be boarded or removed, the method(s) for boarding the building, procedures to request a stay for rehabilitation, consequences for failure to comply, and the appeal process. The city shall also, on the same day, post notice on the building.

If, due to the existence of emergency conditions, it is not possible or practical to give notice in advance, the city may nevertheless board, or depending on the circumstances, remove the building without giving prior notice and order to the property owner or occupant. The city shall provide all required notices immediately following the boarding or removal of the building in accordance with Section 8.14.520 of this Code.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.070 - Failure to comply with notice and order.#

If, within the time specified in the notice and order, the property owner fails to comply with the notice and order sent pursuant to this chapter the city may:

For Tier 2 notices, assess a one hundred dollars ($100.00) fine and bill the property owner for the Tier 2 annual fee;

For Tier 3 notices, assess a two hundred dollars ($200.00) fine and bill the property owner for the Tier 3 annual fee; and

For Tier 4 notices, assess a three hundred dollars ($300.00) fine, abate the nuisance by boarding or removing the building in accordance with this chapter, and bill the property owner for the Tier 3 annual fee.

If the city boards or removes a building, the city shall send the property owner a bill for:

The actual costs incurred by the city in securing the building or property;

The annual Tier 3 program fee; and

A one hundred dollars ($100.00) fee to partially recover the city's administrative costs in boarding or removing the building.

Property owners shall be required to pay an annual fee equal to the renewal fee adopted in the fee schedule for each year.

The city may follow lien procedures or collections actions, as described in Chapter 8.14 of this Code.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.080 - Permit required to board a building.#

It is unlawful to board a vacant building except pursuant to a permit issued under this chapter or pursuant to a catastrophic event, such as a structural fire, earthquake, or other declared emergency.

Permits for boarding a building must be applied for on forms provided by the city.

Boarding of a building must be completed within twenty-one (21) days of issuance of the permit.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.090 - Boarding a building without a permit.#

Boarding a building before obtaining a permit pursuant to this chapter is a Class B misdemeanor and requires payment of a fine of not less than two hundred fifty dollars ($250.00). The city may pursue administrative penalties in lieu of criminal prosecution. Payment of a fine does not excuse payment of permit fees.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.100 - Fees.#

Application fee. The application fee is the fee adopted in the consolidated fee schedule.

Renewal fee. On or before the yearly anniversary of a building/property securing a permit, the city will mail, to the address on the application, a renewal permit form. A property owner desiring to continue the permit shall submit a completed renewal form and pay a renewal fee as adopted in the consolidated fee schedule.

A daily late fee, as adopted in the consolidated fee schedule, in addition to the renewal fee, shall be assessed by the city for each day the renewal fee is delinquent.

If the property owner fails to pay any fee imposed by this chapter, the city may take legal action to collect the fees.

The city may establish payment plans for property owners.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.110 - Stays authorized.#

The property owner of a Tier 4 Vacant Building may apply for a stay of the boarding requirement and payment of the Tier 3 fee. The stay may only be granted for the rehabilitation or removal of the identified building.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.120 - Stay process.#

A property owner who seeks to rehabilitate a building may apply for a six-month stay of a Tier 3 program fee by doing the following:

Filing a stay request;

Paying the Tier 2 fee;

Applying for building permits to rehabilitate the property, as required by applicable building codes; and

Completing the rehabilitation within the six-month period.

No extensions shall be granted for stays, and a property owner who fails to complete the rehabilitation within six (6) months shall pay the balance of the Tier 3 fee and board the building.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.130 - Method of boarding buildings.#

All buildings shall be boarded in the following manner: A.

All doors, except as allowed in subsection D of this section, and windows of the structure on the first two (2) floors, other openings easily accessible from the ground, and openings with broken glass or through which unauthorized human entry could be made, shall be secured either by erecting a single one-half (½) inch thick layer of exterior grade plywood sheathing, or exterior-grade wafer board, covering over all exterior openings, overlapping the opening on every edge by three (3) inches, and fastened with two and one-half (2½) inch exterior grade screws along the outside edges spaced every six (6) inches or by fastening with eight (8) penny common nails spaced every six (6) inches on the outside edges;

Alternately, the openings may be secured by conventional wood-frame construction. The frames shall use wood studs of a size not less than two (2) inches by four (4) inches (nominal dimension) placed not more than twenty-four (24) inches apart on center. The frame stud shall have the four-inch sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with exterior grade plywood or exterior wafer board sheathing of at least one-half (½) inch thickness or equivalent lumber nailed or screwed over the opening by using eight (8) penny common nails or two and one-half (2½) inch exterior screws spaced every six (6) inches on the outside edges and every twelve (12) inches along intermediate stud supports;

All coverings shall immediately be painted the same color as the building or its trim; and

Exterior doors shall be secured by a solid wood core or metal door with a dead bolt type lock to preclude entry of unauthorized persons or shall be secured as described in subsection (A) or (B) of this section.

The city may place a placard on the boarded building that states that the building is closed to occupancy and that it is unlawful for any unauthorized person to enter the building. The placard shall also provide phone numbers to call if people are seen on the property or if doors or windows are unsecured.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.140 - Securing abandoned or idle construction sites.#

When an enforcement official identifies an abandoned or idle construction site, the official shall notify the property owner of the need to secure the site, as provided in Section 8.14.120.

Abandoned or idle construction sites shall be secured by removing all volunteer tree growth, removing or mowing weed growth, leveling or removing piles of soil, sand and rock, removing all construction waste, removing unused construction material, burying or removing exposed footings and foundations, boarding all partially constructed buildings according to Section 8.44.130, and erecting a six-foot high chain link fence around the entire perimeter of the property.

If the property owner returns the property to the state of a vacant lot, the property owner need not erect a fence around the property, nor pay any annual fees associated with vacant buildings or properties. This section does not excuse a property owner from thereafter maintaining the vacant lot in accordance with applicable zoning and landscaping ordinances in this Code.

This section does not excuse the payment of vacant building fees, if boarded buildings remain on the abandoned or idle construction site.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.150 - Landscape maintenance.#

Existing landscaping and lawn on the property where a vacant building permit exists shall be routinely mowed, watered, pruned, and maintained as though the building were occupied and as required in Section 17.06.300, Landscaping.

If the city determines that the landscaping on the property surrounding a permitted vacant building is not being maintained, the city shall send a notice to the property owner, requiring compliance with all applicable landscaping standards located in this Code within ten (10) days.

If the city determines that the property owner has failed to comply with the notice and order, the city may cause the work to be done by a contractor employed by the city.

If the city is required to maintain the landscaping of the property, the city shall bill the property owner:

An administrative fee of two hundred dollars ($200.00) per year, for administrative expenses in contracting and overseeing the landscaping maintenance; and

The actual cost of landscaping maintenance billed to the city by the city's contractor.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.160 - Exterior maintenance.#

Exterior walls and surfaces shall be properly maintained. Severely weathered, peeling or unpainted wood, or unpainted or damaged siding, and damaged roofing must be replaced or repaired with similar materials and colors.

If the city determines that a boarded building is not being maintained, the city shall send notice to the property owner and/or the property owner's agent requiring removal of the building or compliance with the building maintenance standards within seven (7) days.

If the city determines that the property owner has failed to comply with the notice and order, the city may remove the building or cause the work to be done by a contractor employed by the city.

If the city is required to maintain or remove a building, the city shall bill the property owner:

An administrative fee of one hundred dollars ($100.00) per year for administrative expenses in contracting for the building maintenance; and

The actual cost of building maintenance or removal billed to the city by the city's contractor.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.170 - Snow removal.#

Snow shall be removed from public sidewalks surrounding all properties, in the manner otherwise required by law.

If the city determines that sidewalks adjacent to a property containing a vacant building are not having the snow removed as required by city ordinance the city shall send notice to the property owner and/or the property owner's agent, requiring snow from the present snowfall to be removed and notifying the property owner that if snow from a subsequent snowfall is not removed as required, the city will contract for the removal and charge the property owner.

If the city determines that the property owner has failed to comply with the notice and order, the city may cause snow to be removed by a contractor employed by the city.

If the city is required to cause the snow to be removed from a property, the city shall bill the property owner:

An administrative fee of two hundred dollars ($200.00) per year, for administrative expenses in contracting and overseeing the snow removal; and

The actual cost of snow removal billed to the city by the city's contractor.

Once city-initiated removal has begun, the removal and billing to the property owner shall continue until the property owner demonstrates a snow removal plan independent of the city-initiated removal.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.180 - Inspections required.#

Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen, or reoccupy a building that has been boarded, the building shall be inspected and a permit must be issued by city prior to the property owner, manager, or tenant initiating any of the above actions. Any person conducting work on a boarded building or a building closed to occupancy must have a copy of the permit on the site at all times.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.190 - Legal action authorized.#

The city may take appropriate legal action to collect all unpaid fees or bills provided by this chapter.

(Ord. No. 2020-06, § VI, 6-3-2020)

8.44.200 - Appeal process.#

Any person aggrieved by a decision of the city may appeal the decision to the administrative law judge by following the provisions of Chapter 2.22 of this Code.

(Ord. No. 2020-06, § VI, 6-3-2020)