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.
(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.
(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 Repealed.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.
“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.
(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.
“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.
“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.
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.
(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.
(Ord. 94-20, 05-12-94)
4-14-11. Appeal - Time limitation.
(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.
(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.
(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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