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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 4. Chapter 14. Abatement of Dangerous Buildings

4-14-1. 'Uniform Code for the Abatement of Dangerous Buildings' adopted.

(1) The “Uniform Code for the Abatement of Dangerous Buildings” (hereinafter “UCADB”), latest edition, published by the International Conference of Building Officials, is hereby adopted as a code of Tooele City, subject to the amendments and exceptions thereto set out in this chapter. Each and all of the regulations, provisions, conditions and terms of the UCADB, subject to the amendments and exceptions thereto as set out in this chapter, are hereby referred to, adopted, and made a part hereof as if fully set out herein.

(2) The purpose of this chapter is to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished.

(3) The remedies declared in this chapter are cumulative with and in addition to any other remedy provided by the uniform codes adopted by the city, the housing ordinance, or others available by law.

(Ord. 98-42, 11-18-98); (Ord. 95-06, 05-19-95); (Ord. 94-20, 05-12-94)

4-14-2. Definitions.

As used in the UCADB:

(1) “Legislative body” means the Tooele City Council unless specifically stated otherwise.

(2) “Director of public works” means the building official.

(3) “Clerk of this jurisdiction” means the city recorder.

(4) “Treasurer of this jurisdiction” means the city treasurer.

(Ord. 94-20, 05-12-94)

4-14-3. Repealed.

 

(Ord.94-20,05-12-94)

4-14-4. Board of appeals.

Section 205 of the UCADB is hereby amended by adding the following:

“The concurring vote of a majority of a quorum of the board of appeals shall be necessary to reverse any order, requirement, or determination of any administrative official, or to decide in favor of an appellant on any matter upon which the board is required to determine.”

(Ord. 95-06, 05-19-95); (Ord. 94-20, 05-12-94)

4-14-5. Procedures for conduct of hearing appeals.

(1) Section 601.2 of the UCADB is amended to read as follows:“A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board of appeals. The tape shall be retained for reference purposes for a period of six months; however, the board’s official record shall be the permanent summarized minutes approved by the board, which shall be placed on file with the city recorder.”

(2) Section 601.3 of the UCADB is amended to read as follows:

“The proceedings at the hearing may also be reported by a certified court reporter if requested by any party thereto. Such party must pay the reporter’s fee and the cost of a transcript for each party.”

(Ord. 95-06, 05-19- 95); (Ord. 94-20, 05-12-94)

4-14-6. Repair and demolition fund.

Section 802.1 of the UCADB is amended to read as follows:

“The city council shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of the fund upon the demand of the city engineer to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.”

(Ord. 95-06, 05- 19-95); (Ord. 94-20, 05-12-94)

4-14-7. Contest.

Section 906 of the UCADB is amended to read as follows:

“The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced in a court of competent jurisdiction within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment.”

(Ord. 95-06, 05- 19-95); (Ord. 94-20, 05-12-94)

4-14-8. Conditional permit to secure.

(1) An application for a conditional permit to secure a building for temporary nonoccupancy may be made by the owner of the building who has received from the building official a notice of deficiencies and order to repair or demolish pursuant to the UCADB.

The application must be made within 30 days of service of the notice and order and must be accompanied with a declaration of intent concerning the plans, use and anticipated disposition of the building, together with a specific date for the permit’s termination and the permit fee. The issuance by the building official of a conditional permit to secure shall act as a temporary stay of the notice and order until the permit expires or is terminated or cancelled.

(2) A conditional permit to secure shall expire after 120 days. Two extensions of up to 30 days each may be authorized by the building official where reasonable.

(3) Unless provided otherwise, securing authorized under a conditional permit to secure shall be commenced within seven days of its issuance. The permit will expire if the work is not completed within 15 days of its issuance.

(Ord. 94-20, 05-12-94)

4-14-9. Permit expiration or termination.

(1) Failure of the owner to pay required permit fees, obtain a permit, commence or complete work as ordered or to correct securing deficiencies as required in this chapter will result in the termination and cancellation of the conditional permit. Notice of the expiration or termination shall be delivered personally or by certified mail and shall be effective five days thereafter unless any deficiencies are corrected and the building official reinstates this permit. The permit is not transferable and will terminate upon the owner’s transfer of the property.

(2) If a conditional permit expires or terminates, the preexisting notice and order will be automatically reinstated. The building official may proceed for abatement of a public nuisance by repair, demolition or securing of the building, with the abatement costs together with any unpaid permit fees to be charged to the owner or levied against the property pursuant to the UCADB.

(Ord. 94-20, 05-12-94)

4-14-10. Effect of recording.

The action of the building official in ordering the approval or denial of a conditional permit application shall be recorded against the property in the Tooele County recorder’s office and shall constitute notice to the public, including future bona fide purchasers, that the buildings and property violate code requirements and are the subject of an outstanding notice and order for noncompliance which has temporarily been stayed pursuant to a nontransferable conditional permit to secure. A notice of expiration of cancellation shall also be recorded after expiration becomes final indicating the stay is vacated and the order is reinstated. Such findings shall specify that the permit is nontransferable and shall terminate upon any transfer of the owner’s interest in the property.

(Ord. 94-20, 05-12-94)  

4-14-11. Appeal - Time limitation.

(1) Any aggrieved property owner or other interested party may appeal the building official’s decision regarding a conditional permit by filing an appeal to the board of appeals with the city recorder within 30 days of the official’s written decision. The procedures for conduct of hearing appeals under the UCADB as amended in this chapter shall be followed.

(2) Any party which fails to appeal as provided herein shall be deemed to have waived such appeal right.

(Ord. 94-20, 05-12-94)

4-14-12. Method of securing buildings.

All buildings to be temporarily secured shall be boarded as follows:

(1) All openings in the structure on the ground floor or easily accessible from the ground floor shall be secured either by erecting a single one-half-inch-thick layer of plywood sheathing covering over all exterior openings, overlapping the opening on every edge by three inches, nailed along the edges by eight-penny common nails spaced every six inches.

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

(3) All coverings shall be painted the same color as the building or its trim. Whole glass areas above ground floor are acceptable so long as they remain intact, but if broken, they must be covered as provided in Subsections (1) or (2). Exterior doors shall be secured by a strong non-glass door adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening described in Subsections (1) or (2).

(Ord. 94-20, 05-12-94)

4-14-13. Property maintenance responsibilities.

(1) Buildings and property under the purview of the UCADB shall be properly maintained and secured by their owner who shall keep the property free from debris, litter and weeds.

(2) The building official will cause a bimonthly inspection to insure such buildings remain properly secured and maintained. If the owner fails to timely obtain a permit or comply with any terms hereof, the owner shall receive a warning by telephone and also, if possible, a written confirmation of the warning from the building official. The owner shall commence action to correct the deficiency within five days of such notice or other appropriate time as designated by the building official, or the permit shall be cancelled by the building official.

(Ord. 94-20, 05-12-94)

 

Click Here for a .pdf copy of Title4 Chapter14

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

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