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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 1. Building Official

4-1-1. Responsibility.

Administration and enforcement of this Title shall be the responsibility of the Building Official, under the direct supervision of the Director of Community Development, who shall direct the Building Official as to the performance of his duties as provided in this Title, but the Mayor may from time to time entrust the administration and enforcement of some part or the whole of this Title to any other officer without amendment to this Chapter. All departments, officials, and public employees who are vested with the duty or authority to issue permits or licences shall conform to the provisions of this Code and shall issue no such permits or licences for uses, buildings or purposes where the same would be in conflict with the provisions of this Title. Any such permits or licences, if issued in conflict with the provisions of this Title, shall be null and void.

(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1975-28, 12-08-1975) (Ord. 1967-03, 08-14-1967)

4-1-2. Permits.

The construction, alteration, repair, removal, or occupancy of any structure or part thereof as provided or as restricted in this Title, shall not be commenced or proceeded with except after the issuance of a written permit for same by the Building Official; provided, that no permit shall be necessary where the erection, construction, reconstruction, or alteration is minor in character as defined herein, or as determined by the Building Official.

Permits are required for temporary uses incidental to construction. Such permits are limited to the duration of the construction work. The maximum time for such a permit is one year. However, another permit may be issued if cause is shown. All applications for building permits shall be accompanied by a plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the existing buildings, buildings to be erected and buildings existing on adjacent property, and such other information as may be necessary to provide for the enforcement of this Code.

A careful record of such applications and plats shall be kept in the office of the Building Official or other officer charged with administration and enforcement. No yard or other open space provided about any building for the purpose of complying with the provisions of this Code shall be used as a yard or open space for another building.

(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1967-03, 08-14-1967)

4-1-3. Powers and Duties.

It shall be the duty of the Building Official to inspect or cause to be inspected all buildings in the course of construction or repair. The Building Official shall enforce all of the provisions of this Code, entering actions on the court when necessary. The failure to do so shall not legalize any violation of such provisions. The Building Official shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning regulations then in effect.

The Building Official is authorized to order disconnection and approve connection or re-connection of utility services, including water, sewer, natural gas, and electric power, to any structure or service regulated by the construction codes as adopted by this jurisdiction or the State of Utah. Upon written order from the building Official, any serving utility shall immediately terminate such service. The Building Official shall not authorize any termination or refuse connection without reasonable cause, as detailed in the order.

(Ord. 2018-04, 02-21-2018) (Ord. 1999-11, 04-21-1999) (Ord. 1967-03, 08-14-1967)

4-1-4. Approval of public improvements by city engineer.

The construction of all public improvements within Tooele City shall not be commenced or proceeded with except after the approval of the City Engineer. All preliminary and final plats, plans, and specifications for public improvements shall be submitted to the City Engineer for review and approval prior to submission to the Planning Commission or the City Council. A plan checking fee shall be collected by the City when the said plans, plats, and specifications are submitted for review and approval. The fees shall be as established in the Tooele City Fee Schedule adopted by Resolution of the City Council.

(Ord. 2018-04, 02-21-2018) (Ord. 1998-27, 08-05-1998) (Ord. 1975-27, 12-08-1975)

4-1-5. Definition of public improvements.

“Public improvements” shall have the meaning given in Section 7-1-5 of this Code, and shall be interpreted inclusively, not exclusively.

(Ord. 2018-04, 02-21-2018) (Ord. 1975-27, 12-08-1975)

4-1-6. Repealed.

Repealed. (Ord. 1987-16, 11-05-1987)

4-1-7. Surveying and engineering performed by city engineer.

The City Engineer, in his discretion, may do preliminary surveying, engineering, and construction surveying of public improvements for minor improvements to property for curb and gutter replacements or initial installation, where none previously existed and the property owner requests the same at his own expense, or when a special improvement district is created for the purpose of providing public improvements within the district. When the City Engineer performs such labor, the City shall charge fees consistent with the prevailing rate for such services as may be available in the private sector as determined by the City Engineer.

(Ord. 2018-04, 02-21-2018) (Ord. 1980-11, 04-10-1980) (Ord. 1975-27, 12-08-1975)

4-1-8. Amendment of fees by resolution.

The fees provided by Sections 1, 8, and 9 of this Chapter may be amended from time to time by resolution.

(Ord. 1975-27, 12-08-1975)

4-1-9. Building permits required for public improvements.

All public improvements within Tooele City, except those public improvements installed pursuant to the subdivision process covered under Title 7 of this Code, shall be required to be done with a building permit, and fees collected therefore shall be according to the fee schedule for building permits then in effect. Such fees shall be payable prior to issuance of the permit. A separate building permit shall not be required for public improvements where a building permit for any given structure is obtained in connection with doing the same improvement, provided that the valuation of the public improvement shall be included in the computation of the permit fee. A failure to comply with this Section shall result in the same penalties as are applicable for building permits under the International Building Code as may be adopted and amended from time to time.

(Ord. 2018-04, 02-21-2018) (Ord. 2004-15, 10-20-2004) (Ord. 1980-11, 04-10-1980)

 

Click Here for a .pdf copy of Title4 Chapter1

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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