INSTALLATION, MODIFICATION OR REPLACEMENT OF PUBLIC WAY IMPROVEMENTS

Salt Lake City Code tit. 14, ch. 14.32, art. III

in effect

Salt Lake City Code § 14.32.300 PURPOSE AND BENEFIT OF PROVISIONS

14.32.300: PURPOSE AND BENEFIT OF PROVISIONS: A. Purpose: This article is enacted for the purpose of promoting the health, safety and welfare of the inhabitants of the city by keeping sidewalks, curb, gutters, drive approaches and appurtenances, such as parking bays and carriage walks in safe, usable condition. To this end it is deemed the responsibility of owners to notify the city of any defective concrete existing at their property and, upon replacement of the defective concrete, to pay an amount equal to the resulting benefit to the improved property. B. Benefit: It is hereby found and determined that the replacement of defective concrete will result in an improvement benefiting the adjoining property in the amount of fifty percent (50%) of the total replacement cost in the case of property used as a residence or residences, and one hundred percent (100%) of the total replacement cost in the case of property used as multiple dwelling units, an apartment house, a business, or for any purpose other than as a residence. The difference in resulting benefits as compared to the cost of replacement is based upon a finding of the city council of factors indicating substantially greater benefits to properties used for the purpose other than as residences. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.305 DEFECTIVE CONCRETE; DUTY OF OWNER OR TENANT

14.32.305: DEFECTIVE CONCRETE; DUTY OF OWNER OR TENANT: Any person owning real property in the city and any tenant of real property in the city shall: A. 1. Report to the city engineer's office the fact that any defective concrete exists in front of or along the side of the property owned or occupied by such owner or tenant; 2. The owner shall correct the problem and may elect to proceed to correct the problem in accordance with section 14.32.320 of this chapter or its successor, and B. Take such temporary steps as needed to protect the public from the hazard until the hazard is repaired. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.310 DEFECTIVE CONCRETE; DISCOVERY BY CITY

14.32.310: DEFECTIVE CONCRETE; DISCOVERY BY CITY: In the event any defective concrete is discovered or observed by the city, the city shall have the right to give notice to the owner of the adjacent property the same as if reported by the owner or tenant. The owner and/or tenant shall have the same duties as set forth in section 14.32.305 of this chapter or its successor. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.315 DEFECTIVE CONCRETE; NOTICE TO REPLACE; CONTENTS

14.32.315: DEFECTIVE CONCRETE; NOTICE TO REPLACE; CONTENTS: Whenever the city receives notice of any defective concrete, or discovers same and the city deems that such concrete is defective, it must be replaced. Upon such determination by the city, it may notify the property owner whose property is adjacent to the defective concrete where such replacement is needed that the owner shall have the options provided in section 14.32.320 of this chapter or its successor, for the method of replacement. Such notice shall also set forth the cost of replacement to the owner in the event such replacement is made by the city or by a contractor employed by the city. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.320 DEFECTIVE CONCRETE; REPAIR OPTIONS AND COSTS

14.32.320: DEFECTIVE CONCRETE; REPAIR OPTIONS AND COSTS: After notice is given as specified in section 14.32.315 of this chapter, or its successor, the replacement of any defective concrete may be made in the manner as herein set forth, and the cost thereof shall be paid as follows: A. If the adjacent property is a residence, the owner may employ a contractor or act as a contractor to make the required replacement. Such replacement must be done according to city specifications, to the satisfaction and approval of the city engineer, only after obtaining the required permit and shall be completed within sixty (60) calendar days of receipt of the notice provided for in the preceding section. Replacement made under this subsection shall be at the sole cost and expense of the owner. Election by the owner to proceed under this subsection shall be entirely voluntary on the part of the owner and the replacement costs paid by the owner shall not be deemed to be an assessment by the city. B. If the adjacent property is a residence, the owner may agree in writing, upon forms approved by the city attorney, to pay fifty percent (50%) of the cost thereof in advance, and the city shall pay the remaining fifty percent (50%) of the cost of replacement, such amount being equal to the resulting benefit to the property. In such case, the city shall make the replacement or employ a contractor to make same, subject to the availability of funds. C. For replacement made to defective concrete adjacent to an apartment house, business, multiple dwelling units and any other case other than a residence, the owner of the adjacent property shall pay one hundred percent (100%) of the total cost of such replacement, said amount being equal to the resulting benefit to the property. Such replacement may be accomplished, at the option of the owner, by a contractor employed by the owner or, upon payment to the city of the total cost thereof in advance, by the city. If done by a contractor employed by the owner, such replacement must be done according to city specifications, to the satisfaction and approval of the city engineer. It shall be done only after obtaining the required permit and completed within sixty (60) calendar days, weather permitting, of receipt of notice provided for in this chapter. D. The owner must notify the city engineer, within seven (7) calendar days of receipt of the notice provided for in the preceding section, under which option said owner wishes to proceed. E. In the event the owner refuses to or does not notify the city engineer as to the option elected by the owner for the necessary replacement, or if the owner submits a written request to have his or her property included in a special improvement district, the city may then create a special improvement district for the purpose of making the required replacement after such district is created, and levy assessment on the property in accordance with section 17A-3-301 et seq., Utah Code Annotated, 1953, as amended, or its successor. The assessment of the owner's portion of the total replacement cost shall be equal to the benefit received by the owner in accordance with the provisions of subsections B and C of this section. Such assessment shall be designated by the ordinance creating the special improvement district to be paid by the owner of the property assessed over a period of five (5) years from the effective date of such ordinance. F. This section shall not preclude payment being made for replacement to defective concrete adjacent to a residence by the city under special conditions, such as the city receiving a federal grant for such replacement, a low income abatement, as provided in section 14.32.335 of this chapter, or its successor, for the city to pay all or a portion of said cost. Prior to making any abatement in excess of fifty percent (50%) in the case of a residence, the mayor must first establish a written executive policy concerning what percentage the city will pay. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.325 ORDINARY REPAIRS

14.32.325: ORDINARY REPAIRS: Any repairs required to be made to sidewalk or appurtenances which are not defective, as defined in this chapter, shall constitute ordinary repairs. In the event the city determines that any ordinary repair should be made, the entire cost thereof shall be borne by the city, subject to availability of funds. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.330 WAIVER OF REPLACEMENT REQUIREMENT

14.32.330: WAIVER OF REPLACEMENT REQUIREMENT: In the event the city determines that any defective concrete should not be replaced because of a contemplated overall street repair or replacement project, lack of funds or other good reason, the city engineer or the city engineer's designee may temporarily waive the requirement of replacement. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.335 ABATEMENT OF ASSESSMENT; CONDITIONS

14.32.335: ABATEMENT OF ASSESSMENT; CONDITIONS: Assessments shall be equal and uniform according to the benefits received; however, when the owner of a residence adjacent to any defective concrete which requires replacement shall have 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 entire cost of replacement may be paid by the city, subject to the availability of funds. Such owner must file an application therefor with the city, in order for payments to be abated. In order for the above income guidelines to become effective for the purposes of this section, the city must receive notice of such amendment and same must be adopted by the mayor by executive action. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.340 SPECIFICATIONS AND GRADES FOR CONSTRUCTION

14.32.340: SPECIFICATIONS AND GRADES FOR CONSTRUCTION: All construction authorized by the permit issued under this chapter shall be constructed in accordance with the specifications and grades approved by the city engineer, and the acceptance of such permit shall be deemed an agreement by the permittee to perform such construction in accordance with such specifications and grades. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.345 SIDEWALKS; INSPECTION AND APPROVAL

14.32.345: SIDEWALKS; INSPECTION AND APPROVAL: All sidewalks constructed in accordance with the permits authorized by this chapter shall be subject to inspection and approval by the city engineer. (Ord. 70-99 § 1, 1999)

Salt Lake City Code § 14.32.350 DRIVEWAY CONSTRUCTION

14.32.350: DRIVEWAY CONSTRUCTION: A. Permits: No permit shall be granted by the city engineer without the favorable recommendation of the transportation engineer, for any driveway exceeding thirty feet (30') in width except: 1. Industrial M-1, M-1A, M-2 and M-3 districts, as set forth in title 21A of this code, wherein driveways not exceeding forty feet (40') in width may be permitted; and 2. In developed areas where street construction requires replacement of existing nonconforming driveways, the city engineer, upon favorable recommendation from the transportation engineer, may allow replacement of such nonconforming driveways when relocation of the driveway is not practical and will adversely affect traffic. B. Concrete Thickness: No driveway, including a sidewalk section through a driveway, shall be less than six inches (6") thick; provided, however, that the city engineer may require that any driveway, including sidewalk, must be at least eight inches (8") thick when, in the opinion of the city engineer, such driveway and sidewalk will be used for heavy trucks, vehicles or equipment. C. Multiple Drives, Islands And Landscaping: When more than one driveway is required for any parcel of land, a sidewalk island of at least twelve feet (12') in width shall be provided and landscaped between such multiple driveways, except in developed areas, where the street construction requires replacement of existing driveways with nonconforming islands. In such circumstances, the city engineer, upon the favorable recommendation of the transportation engineer, may allow the replacement of driveways with nonconforming islands or separations of less than twelve feet (12') in width, when relocation of the driveway is not practical and will not adversely affect traffic. The city engineer may direct that areas between such multiple drives that are less than twelve feet (12') in width be paved, if landscaping is impractical. D. Corner Lot And Violation: In no case shall a permit be granted for a driveway which will be within ten feet (10') of the property line where it abuts any intersecting street. E. Denial For Dangerous Conditions: Where, in the opinion of the city engineer, upon recommendation of the transportation engineer, it would be dangerous because of traffic, or because a driveway conflicts with any permanent improvements or waterway, the city engineer may refuse to issue the requested driveway permit. Such denial by the city engineer shall be final unless the applicant appeals the matter to the appeals hearing officer. The appeals hearing officer shall have the authority and discretion to either affirm the city engineer's decision or specify the conditions and location upon which a driveway may be permitted. F. Pipe Driveway; Property Owner Responsibility: Permits for pipe driveways shall be issued only for locations which meet criteria established by the city engineer, and where no other practical means is available to prevent vehicles from dragging on the street or driveway. Pipe driveways are installed solely for the convenience of the abutting property owner and must conform to Salt Lake City design standards. The owner is responsible for keeping pipe driveways structurally sound and free of debris so as not to impede the gutter flow. (Ord. 8-12, 2012: Ord. 70-99 § 1, 1999)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-54866Fetched: 11/1/2026