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S.B. 126
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BUSINESS LICENSE FEE AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John L. Valentine
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AN ACT RELATING TO THE MUNICIPAL CODE; MODIFYING THE BUSINESS LICENSE
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REQUIREMENTS A MUNICIPALITY MAY IMPOSE ON THE OWNER OF A RENTAL
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DWELLING; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-8-85.5, as enacted by Chapter 267, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-8-85.5
is amended to read:
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10-8-85.5. "Rental dwelling" defined -- Municipality may require a business license
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or a regulatory business license and inspections -- Exception.
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(1) As used in this section, "rental dwelling" means a building or portion of a building that
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is:
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(a) used or designated for use as a residence by one or more persons; and
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(b) (i) available to be rented, loaned, leased, or hired out for a period of one month or
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longer; or
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(ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one
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month or longer.
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(2) (a) [Except as provided in Subsection (3), the] The legislative body of a municipality
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may by ordinance require the owner of a rental dwelling located within the municipality:
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(i) to obtain a business license pursuant to Section
10-1-203
; or[:]
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(ii) except as provided in Subsection (3):
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[(i)] (A) to obtain a regulatory business license to operate and maintain the rental dwelling;
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and
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[(ii)] (B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory
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business license.
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(b) A municipality may not require an owner of multiple rental dwellings or multiple
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buildings containing rental dwellings to obtain more than one regulatory business license for the
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operation and maintenance of those rental dwellings.
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(c) Notwithstanding Subsection (2)(b), a municipality may impose upon an owner subject
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to Subsection (2)(a) a reasonable inspection fee for the inspection of each rental dwelling owned
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by that owner.
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(d) If a municipality's inspection of a rental dwelling, allowed under Subsection
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(2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a
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municipality may not inspect that rental dwelling during the next 36 months, unless the
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municipality has reasonable cause to believe that a condition in the rental dwelling is in violation
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of an applicable law or ordinance.
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(3) A municipality may not impose the requirements of Subsection (2)(a)(ii) on the owner
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of a building containing two or fewer rental dwellings.
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(4) Nothing in this section shall be construed to affect the rights and duties established
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under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce
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its generally applicable health ordinances or building code, a local health department's authority
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under Title 26A, Chapter 1, Local Health Departments, or the Utah Department of Health's
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authority under Title 26, Utah Health Code.
Legislative Review Note
as of 1-13-00 11:44 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.