A. Interpretation; Conflicts:
1. Minimum Requirements: In their interpretation and application, provisions of this chapter shall be held to be minimum requirements, except where expressly stated to be maximum requirements. No intent is made to impair, or interfere with, any private restrictions placed upon any property by covenant or deed; provided, however, that where this chapter imposes higher standards or greater restrictions the provisions of this chapter shall govern.
2. Application Of Most Restrictive Standard: Whenever any provision of this chapter or any other provision of law, whether set forth in this chapter or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations over the development of land, the most restrictive standards or requirements shall govern.
B. Retention Of Plans: Plans, specifications, and reports for all site development submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration, Renewals, And Extensions Of Permit: Every site development permit or approval shall expire by limitation and become null and void if the work authorized by such permit or approvals has not been commenced within one hundred eighty (180) days, or if the work is suspended or abandoned for a period of one hundred eighty (180) days at any time after the work is commenced. Before such work can recommence, the permit shall first be renewed by the building official and the renewal fee shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans or scope of such work, otherwise a full fee may be required as determined by the building official. Any modifications to the original approved work that is related to a development for which the Salt Lake City planning commission granted approval, may require subsequent review and decision by the planning commission as determined by the planning director.
D. Appeals:
1. Filing: Any applicant aggrieved by a determination of any administrative official in relation to this chapter may appeal such determination to the appeals hearing officer pursuant to section 21A.16.030 of this code.
2. Effect Of Administrative Appeal: In the event of an appeal pursuant to the provisions above, the effect of such filing shall act to stay any and all further action and work pending the determination of the matter on appeal.
E. General Grounds For Denial: Factors, in addition to deviation from provisions of this chapter, which may be grounds for denial of a site development permit or approval shall include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water (both natural and/or domestic);
2. Runoff surface waters that produce unreasonable erosion and/or silting of drainageways;
3. Subsurface conditions (such as rock strata and faults, soil or rock materials, types of formations, etc.) which when disturbed by the proposed site development activity, may create earth movement and/or produce slopes that cannot be landscaped;
4. Result in excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
F. Prohibited Activities:
1. Removal Of Topsoil: It shall be unlawful to remove topsoil for purposes of resale when unrelated to a bona fide purpose of site development contemplated under this chapter. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale.
2. Nuisance: It shall be unlawful to create or maintain a condition which creates a public or private nuisance. After notice by the city, owners shall be strictly responsible to take any necessary action to correct or abate such nuisance. Further, this chapter shall not be construed to authorize any person or owner to create or maintain a private or public nuisance upon real property and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
G. Permit Or Approval Revocation: In the event the building official or city engineer requests that a site development permit or approval be permanently suspended or revoked, they shall formally request a revocation hearing before the planning commission in compliance with the following procedures:
1. Request: The request shall specify the grounds for complaint or details of deviation with terms and conditions of the approval that justify the proposed permit or approval revocation or suspension.
2. Public Hearing: The planning commission shall hold a formal hearing to consider requests and recommendations for permanent revocation or suspension of permits at the next regularly scheduled meeting of the planning commission, at which service of the required notice can be satisfied.
3. Notice: The planning commission shall cause notice of the time and place of the scheduled hearing to be prepared. Such notice shall be delivered by certified mail or personal service upon the permittee at least five (5) days prior to the date set for the hearing. At any such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence. Upon conclusion of such hearing, the planning commission shall determine whether or not the permit shall be suspended or revoked, and any necessary or appropriate conditions which must be satisfied prior to the renewal or extension of said permit, including any necessary corrective measures to be completed as provided in subsection G4a of this section.
4. Planning Commission Determination: Upon the conclusion of the required hearing and its deliberations thereon, should the planning commission find that the permittee, or authorized agent(s), have violated the terms of the permit or provisions of this chapter, have conducted or desire to carry out such site development activity in such a manner which unreasonably adversely affects the health, welfare, or safety of persons residing or working in the vicinity of the site, or have caused the same to be done, the planning commission may, as it deems appropriate:
a. Require necessary corrective measures to be undertaken and completed at permittee's expense;
b. Require reimbursement to the city for unusual costs incurred by the necessitation of enforcement action including costs of inspections, mailings, expert technical assistance, etc.;
c. Continue suspension of all work contemplated or associated with the permit permanently until corrective requirements and/or original conditions are satisfied;
d. If circumstances of work conducted have resulted in factors which would have been grounds for denial of the permit, the planning commission may order such necessary actions as required to restore the site, insofar as possible, to the preexisting conditions, and revoke the site development permit. If so evoked, and where appropriate, the planning commission may preclude acceptance of any site development application for the same site for a period not to exceed twelve (12) months.
5. Appeal: The decision of the planning commission on a request for permanent suspension or revocation of a site development permit or approval under this chapter may be appealed by the permittee, building official, or city engineer to the appeals hearing officer pursuant to section 21A.16.030 of this code.
H. Property Owner Responsibility: Property owners are responsible to maintain their property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this chapter and other applicable ordinances. Failure of city officials to observe or to recognize hazardous or unsightly conditions, or to recommend denial of the site development permit, shall not relieve the permittee, or property owner, from responsibility for the condition or damages resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming responsible or liable for conditions and damages resulting therefrom.
I. Violation And Penalties:
1. Violation Of Chapter: It shall be unlawful for any person to construct, enlarge, alter, repair, or maintain any grading, excavation or fill or cause the same to be done, contrary to or in violation of any provision of this chapter.
2. Obstruction Prohibited: It shall be unlawful for any person to wilfully or carelessly obstruct or injure any public right of way by causing or permitting earth or rock to slump, slough, or erode off private property onto the public right of way.
3. Flooding: It shall be unlawful for any person to wilfully or carelessly obstruct or injure any public right of way by causing or permitting flow or seepage of water, or by wilfully or carelessly causing or permitting water under his/her control, possession, or supervision to escape in any manner so as to injure any street or public improvement.
4. Misdemeanor Penalty: Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, permitted, or maintained. Upon conviction of any such violation, such person may be imprisoned for a period not exceeding six (6) months or be fined in the amount not exceeding two hundred ninety nine dollars ($299.00) if the person is an individual, or the greater amount of two thousand dollars ($2,000.00) in the event the person is a corporation, association, or partnership, or both so imprisoned or fined.
J. Severability:
1. Severability: If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases hereof may be declared invalid or unconstitutional.
2. Limitation To Applied Facts: If the application of any provision or provisions of this chapter to any person, property, or circumstance is found to be unconstitutional, invalid, or ineffective, in whole or in part, by any court of competent jurisdiction, or other competent agency, the effect of such provision shall be limited to the person, property, or circumstance immediately involved in the controversy and the application of such provision to other persons, properties, or circumstances shall be unaffected unless the court specifically rules otherwise. (Ord. 7-14, 2014)